The URL can be used to link to this page

CCPC Backup Docs 02/17/2011ccpc REGULAR MEETING BACKUP DOCUMENTS FEBRUARY 17, 2011 r' COURT REPORTER AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 17, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - January 20, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. CP- 2010 -1, Petition requesting an Amendment to the Future Land Use Element of the Growth Management Plan, to modify the language of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture /furnishing store and department store use to exceed the 20,000 square feet limitation for a single commercial use, up to a maximum of 50,000 square feet, for Parcel 1 (9.2+ acres, zoned Bradford Square MPUD) only, and with the overall maximum development limitation of 100,000 square feet of commercial land uses on Parcel 1 to remain; the subject portion of the Subdistrict is located at the northeast corner of Vanderbilt Beach Road and Livingston Road in Section 31, Township 48 • South, Range 26 East. [TRANSMITTAL HEARING] [Coordinator: Michele Mosca, AICP, Principal Planner] B. CPSP- 2010 -2, Petition requesting Amendments to the Future Land Use Element and Future Land Use Map and Map Series (FLUE /FLUM), to: modify the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO); modify FLUE Policy 5.1; modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make FLUM boundary corrections in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. [TRANSMITTAL HEARING] [Coordinator: David Weeks, AICP, GMP Manager] 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL2010 -388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a park (3.9 acres minimum) within the Olde Cypress PUD/DRI. The subject property is located in the Olde Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP] B. DOA- PL2010 -1052, Olde Cypress Development, LTD and Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., is requesting a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will remove the 3.9 -acre park requirement, add 63.9 acres into the DRI boundary, and amend Map H to incorporate this change. The subject property consisting of 602± acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ- PL2010 -1054) [Kay Deselem, AICP, Coordinator] C. PUDZ- PL2010 -1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special Treatment (ST) Overlay for a project that is known as the HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow for development of a maximum of 125 single - family residential units and 33 multi - family units, and associated accessory uses. The 65.29± acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA- PL2010 -1052) [Kay Deselem, AICP, Coordinator] D. PUDZ- 2009 -AR -14425 An Ordinance of the Board of County Commissioners of Collier County, Florida, 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 Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district to allow for development of up to 135,000 square feet of commercial development and/or a retirement community /group housing at a FAR of .60 and/or a hotel/motel of an intensity of 26 units per acre for a 23.33 + /- acre parcel to be known as the Addie's Corner MPUD located in the northwest quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 16A • Friday, January 28, 2011 • Naples Daily News W1109 '"sz NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday. February 17, 2011 in the Board of County Commissioners meeting room, third floor, Col- lier Government Center, 3299 East Tamiami Trail, Naples Florida, to consider: PUDA- PL2010 -388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. 'and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a PUD Amend- ment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a park (3.9 acres minimum) within the Olde Cypress PUD /DRI. The subject property is located in the Olde Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the re- spective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday. February 17, 2011, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. 17 wEIX 16 15 14 lEWS1A n T,�%1 BAY PROJECT LOCATION � roRo Y�R.sa BAY 20 22 zJNFAl1(- iE ya mRxca (a) nPiBS RnYwulFS nonB c R. e+et 29 ca0[Y W 1E csiARS u R2 - ] 6 26 2l _B_ �w'S v�6 u; e r ro� W diY6fI1 26 fib( lN¢ WARY BPFIY45 Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman in AGENDA ITEM 9 -A Co*er Cor4nty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 17, 2011 SUBJECT: PETITION PUDA- PL2010 -388, OLDE CYPRESS PLANNED UNIT DEVELOPMENT (PUD) COMPANION ITEMS: DOA- PL2010 -1052, OLDE CYPRESS DRI AND PUDZ- PL1054, HD DEVELOPMENT RPUD APPLICANT: Olde Cypress Development, Ltd. 2746 Professional Circle, Suite 1201 Naples, FL 34119 REQUESTED ACTION: AGENT: Waldrop Engineering, P.A. Mr. Chris R. Mitchell, P.E. 28100 Bonita Grande Drive Bonita Springs, FL 34135 Goodlette, Coleman and Johnson, P.A. Mr. Richard D. Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Cormnission (CCPC) consider an amendment to the Olde Cypress PUD to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. GEOGRAPHIC LOCATION: The existing Olde Cypress PUD and Olde Cypress DRI contain approximately 538.1 acres. The proposed Development of Regional Impact (DRI) will contain approximately 602 acres with the inclusion of the HD Development/Vita Tuscana PUD and is located on the. north side of Immokalee Road (CR 846), east of its intersection with Olde Cypress Boulevard. The property lies within the Urban Estates Planning Community in Sections 21 and 22, Township 48 South, Range 26 East, in Collier County. (See the location map and current PUD Master Plan on following page.) Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 1 of 14 LEE COUNTY 0 NSCANY RESERVE QUAIL PARKLANDS (DIN) N£ST (DRI) MMASq. 7 g 9 D 11 12 PELCAN b QUAIL HERITAGE BAY STRAND Ei CRmc TERARNA MRiASOL (DRI) (DRI) 17 i6 5 4 3 18 a PROJECT LOCATION LONGSHORE PELICAN STRAND ¢¢ WAIL MIRASOL II LAKE (DRI) CARLTON (DRI) U 20 22 HERTAGE BAY (DM) UIfES ig _ 23 24 1gy ADDIE'S F EBOIJ NORTHB PLAZA 00KE CORNER ati (P) 3 NAPLES-IMMOKALEE ROAD C.R. 818) Q 0� r p i SUMMIT o $ d RN:NLAND LANES UVNIANES NCOVE Y 1HE MLANE 29 GOLDEN CATS ESTATES 28 25 27 BOSLEY UNIT B7 HERITAGE CRYSTAL 26 RIGAS GREENS UKE BREE2EWOOD HAMILTON S) GREENS LAKES LAKES BRITTANY BAY APARTMENTS WARM SPRINGS STANDING OAKS BRISTO BUTTONWO PINES PRESERYE PALERMO SUMMIT PLACE ISLAND— IN NAPLES ] 31MLSNIRE 32 (D.) VANDERBILT RNERLq CG GOLDEN GALE ESTATES 33 ° "'"TRY CLUB 36 LAKES a PELCAN UNIT 98 34 35 MARSH MARS) WOLF CREEK BOXWOOD L9g5pN BUCKS RUN VANDERBILT BEACH ROAD HILLS MISS.' CRI — BRADFORD VANDERM SDUARE TRUST CAROLINA VILLAGE VNEYARDS (DRI) d g VINEYARDS w (DRI) 4 3 2 1 5 FMILDEN DATE DOLDEN GATE ESTATES $ GOLDEN GATE 6TATES ESTATES UNIT Z UNIT 3 `eau UNIT 65 w V.F.W. (S) _ O _ GOLDEN GATE BLVD. 7 6 9 0 11 12 12 GOLDEN GATE ESTATES VINEYARDS GOLDEN GATE GOLDEN CASE ESTATES GOLDEN GALE ESTATES UNR 30 (DRI) ESTATES UNIT 32 llNIT 1 UNIT 4 LOCATION MAP PETITION 'F PUDA -PL- 2010 -388 ZONING MAP W W R N u z 0 O U T P A R C E L N �� s9 X09 sc�IL pcLr scut: r .200• DENOTES HERBACEOUS WETLAND CREATION AREA DENOTES WETLAND / UPLAND RESTORATION AREA DENOTES APPROXlWArE LOCATIONS �!L//!!//f SQUIRREL LOCA THINS AND PRESERVES. SIZE DETERMINED IN FIELD DURING CONSTRUCTION. TOTAL AREA To HE 6.5 Ac. ./- DENOTES APROXIMATE LOCATION OF ELEVATED GOLF CART BRIDGES. EXACT LOCATION TO BE DETERMINED IN FIELD DURING CONSTRUCTION. * SELECTIVE CLEARING IN THESE AREAS PERMITTED FOR GOLF COURSE PLAY 4 FUTURE ACCESS ' 9 PROPOSED LAND Fy Id1 TO BE ADDED / C I +jaa] / 1 I _ / O UiT PARCEL 14ryNI I IMMOKAL EE ROAD IC. R. OLDE ;RP o9 .�.,� �..� "W HOLE MONTES 6 A980CIATE9, INC. 9880PUDO 3738 —OIP `u�N "z oo EXHIBIT A ENGINEERS - PLANNERS - 9L6iVEYOR9 CYPRESS PUD MASTER PLAN "°`°' p"rz unncu sera xpnzoern ttnc 015 101h St f 3-1h. Naplu. TL. 34102 - Ph— :(941) 282 -4617 , "R 98.80K8 I 1 a 1 PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to amend Ordinance Number 2000 -37, the Olde Cypress PUD, to reduce 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. The removal of the 158 dwelling units from the Olde Cypress PUD will allow the proposed 158 unit HD Development RPUD (Residential Planned Unit Development), to be added to the Olde Cypress DRI. The property within HD Development RPUD will be added to the Olde Cypress DRI (Development of Regional Impact). The intensity density in Olde Cypress DRI will remain at 1100 dwelling units and the intensity of the DRI will not increase. During the original zoning application review and permitting, PUD Section 4.05.6 required a 3.9 acre park located within the PUD/DRI Boundary. According to the DRI and PUD Master Plans that were submitted with the application, the 3.9 acre park was proposed to be in two parcels located in the northeast corner of the Master Plan. The park location was approved in the original Olde Cypress PUD Ordinance No. 86 -75. The PUD was later revised in 1996 as a result of environmental permitting with governmental agencies. During the 1996 PUD amendment, the park use, nature trails, jogging trails, and bicycle trail uses along the eastern boundary of the PUD/DRI were excluded and residential development, including the required park acreage, were removed from the PUD and DRI Master Plans to reduce impacts to the environmentally sensitive area. The area along the eastern boundary was revised in the master plan to be wetland/preserve. However, the language in Section 4.05.6 of the PUD was never revised to remove the requirement of the park. This application will revise Section 4.05.6 of the PUD to remove the park requirement. The application also revises Section 3.02 of the PUD to make it consistent with the intent of the original revisions to the PUD. SURROUNDING LAND USE AND ZONING: North: Terafina PUD. East: Agricultural (A) zoning South: Immokalee Road and then Estates (E) zoning, Agricultural (A) zoning, and H.D. Development RPUD. West: Olde Cypress Boulevard then Longshore Lake PUD. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 4 of 14 GI Future Land Use Element: The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map in the Growth Management Plan. The existing RPUD, approved in 2000 (Ordinance No. 2000 -37) included a provision for a park area on approximately 3.9 acres. This area is to be removed from park uses and returned to residential uses. This amendment will not affect the total number of approved acres for commercial land uses (12.5), of residential units (1,100), or of density (2.09 du /ac). The table below illustrates the acreage figures, dwelling unit counts and residential densities involved in each part of the project: Ttl ACs Ttl MJs Ttl Com'I ACs non -Com'I AC Gross Res'I Density Existing DRI 538.1 1,100 12.5 525.6 2.09 DU/AC Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 5 of 14 Proposed DRI 602.0 1,100 12.5 590.9 1.86 DU/AC 01de Cypress PUD 538.1 942 12.5 525.6 1.79 DU /AC Vita Tuscana PUD 65.3 158 0.0 65.3 2.41 DU/AC The acreage increase is reflected in the Olde Cypress DRI, not in the Olde Cypress PUD. Although no additional residential units are proposed for the larger DRI, the total dwelling unit count in the Olde Cypress PUD is reduced. This smaller number should appear in Olde Cypress PUD documents. An approximately four -acre park area and its connecting nature trails are requested for removal, while the more than 176 acres of passive recreational areas, and bicycle paths and sidewalks remain part of the development. No issues present themselves with Objective 7 or its subsequent Policies. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (COME) of the GMP. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Collier County Land Development Code and required Staff evaluation and comment. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. The proposed changes do not affect any of the environmental requirements of the GMP or LDC. A hearing was not required before the Environmental Advisory Commission (EAC) per Collier County Code of Ordinances Part One, Chapter 2, Article VIII. Division 23. — Environmental Advisory Council. Transportation Review: Transportation Department Staff has reviewed this petition and the has determined that the proposed amendment will not have any transportation impact. Utility Review: The Utilities Department Staff has reviewed the petition and has no objection. The project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. The project is subject to the conditions associated with a Solid Waste Availability Letter from the Collier County Solid Waste Department. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 6 of 14 ?'�1 WOO n Parks and Recreation Review: The Parks and Recreation Department Staft has reviewed the petition. There are several things to consider regarding this park. The co tment language is very vague. Originally, the park was shown on the Master Plan as two separate areas, one of which did not appear to have access —it was isolated in a project corner surro nded by preserve areas. Zoning and Land Development Review: Staff has reviewed the proposed change and has no objection. The proposed reduction from the maximum number of dwelling units by 158 dwelling units will allow the HD Development to be added to the Olde Cypress DRI so as not to increase the intensity of the DRI. While the 3.9 acre park was a commitment made by the original applicant when the property was first rezoned to a PUD, there is currently no code provision or regulation that would require a park at this location. However, several residents within Olde Cypress have indicated that they would like to have the park provided within the Olde Cypress community. There are several things to consider regarding this park. The commitment language is very vague. Originally, the park was shown on the Master Plan of Ordinance Number 86-75 as two separate areas, one of which did not appear to have access —it was isolated in a project comer surrounded by preserve areas, as shown in the illustration below (highlighted for clarity): ---------------------------------------------------------------------- i 1C � J _ rye j ri g� Aft rZ I l 2 Ac i } I � t4 L.G-A ; r M .�Ga 4.5 ac. 1, L 5 Ac 67 0.LL as a,a 95 D.V. I ' a a a ' I i I i I I y ! I PREBFRVA',9I-ry l! I Y I i2 Gtl ---------------------------------- - - - - -- 01de Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 7 of 14 16 i I i The commitment does not state when the park is to be built, who is to maintain the park, or what amenities it is to contain. Must there be two parks in the increments shown, or is there discretion as to how the 3.9 -acre park commitment is to be fulfilled? Is it to be publicly (county) maintained or was it the intent for the developer or subsequent homeowners' associations to maintain it? Collier County adopted a Park Impact in Ordinance number 88 -96, which became effective on December 22, 1988. This ordinance addresses the needs for regional and community parks. The county has not adopted any regulations that require developers to provide a neighborhood park. Regional and community parks are sited and controlled by the county; the County does not generally get involved in the siting or design of neighborhood parks, nor does the county maintain them. Whether a park is designated a regional or a community park is determined by the draw of the attraction. A park can be smaller, but have an attraction that draws persons from a larger area, thus it can be a regional park. This 3.9 -acre park would most likely not contain any attractor element such that it would make it function as a community or regional park. Currently Olde Cypress has developed as a golf course community with a golf driving range, tennis courts, a swimming pool, and fitness facilities. Therefore, the community appears to offer recreational opportunities as currently developed. However, whether the existing facilities meet the needs of the community is not for staff to ascertain. At the Neighborhood Information Meeting (NIM) held for the companion PUD amendments, there was no clear consensus from the attendees as to whether or not the park use should be eliminated. There was opposition voiced to the park's removal, while other attendees voiced support for the park's removal; other attendees did not offer an opinion. Since only approximately 100 persons attended the NIM, not all property owners n attended. Staff has received and continues to receive correspondence, some of which is supportive of the park's removal and some of which is opposed to the park's removal. (Copies of correspondence received as of February 3, 2011 have been provided in the CCPC packets.) It appears that the park issue may be something best resolved by the property owners within Olde Cypress. If the commitment for the 3.9 -acre park is removed from the PUD, the development (Homeowner/Property Owners' Associations or the Developer) could still provide neighborhood park(s), as that term is defined in the LDC since a park is also an allowable principal use within the Olde Cypress PUD document, Ordinance Number 00 -37 Section 7.04.A.4. In the alternative, should the CCPC and the BCC determine that the park commitment should remain, staff recommends that clarification be provided to indicate that the park is indeed a neighborhood park, where the park is to be located; when it is to completed; what facilities it is to provide; who it is to serve —the public or only residents of this project (and all residents or just those within the gated community if that is where the park is located); who is to construct it; and who is to maintain it. Although not normally necessary for a neighborhood park, these clarifications are necessary if the commitment stays in the PUD, so staff has something measurable to ensure PUD commitments have been met. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 8 of 14 '~ that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. As previously described, this amendment will reduce the project density by 158 units from 1100 dwelling units to 942 dwelling units. The amendment is also necessary to eliminate the inconsistency between the PUD Master Plan and the PUD document. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. However, several residents have expressed a desire to have the park provided within the Olde Cypress community. 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 proposed amendment will not adversely impact traffic circulation. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 9 of 14 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Not applicable. No changes to the development standards are proposed. When meeting the standards, light and air will not be reduced to adjacent properties. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The adjacent properties as well as existing properties will continue to be developed in accordance with the existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed amendment to remove the required 3.9 acre park may be seen by some as a grant of special privilege to the developer. However, consistency with the FLUE is determined to be a public welfare relationship because actions consistent with FLUE are in the public interest. This PUDA has been found consistent with the FLUE. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The applicant alleges that the PUD has been developed and there is no space left to build a 3.9 acre park. Furthermore, the petitioner proposes to eliminate 158 dwelling units from the Olde Cypress PUD to allow the HD Development PUD to be added to the Olde Cypress DRI without increasing the intensity of the DRI. (See Companion items DOA- PL2010 -1052, Olde Cypress DRI and PUDZ- PL1054, HD Development RPUD. ) 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Considering the recreational opportunities available to the residents, 169 acre golf course and country club, a golf driving range, a fitness center, a community swimming pool, and 4 tennis courts provide ample recreational opportunities, Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 10 of 14 n 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 PUD amendment. The petition was reviewed on its own 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 site alteration and will undergo evaluation relative to all federal, state, and local development regulations during 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 development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 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 Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. As previously stated, the subject PUD is nearly developed. The reduction of residential dwelling units should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities within the Olde Cypress PUD. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 ^ Adequate Public Facilities of the LDC. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 11 of 14 2. Adequacy of evidence of unified control and suitability of any proposed agreements, ?0'*N 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. Documents submitted with the application provided satisfactory evidence of unified control. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 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 currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's internal or external compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project exceeds 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. This PUD is over 25 years old and is mostly developed. The project development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD is nearly built out and cannot accommodate expansion. 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. n Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 12 of 14 As mentioned earlier, this PUD is existing and the reduction of residential units will conform with existing PUD regulations. NEIGHBORHOOD INFORMATION 1VEETING (NIM): The applicant duly noticed and held the required meeting on October 18, 2010 at 5:30 p.m. at the Olde Cypress Clubhouse, 7165 Treeline Drive, Naples, Florida. Approximately 100 people and the applicant, agent and County Staff attended the meeting. No commitments were made at this meeting. For further information, please refer to Attachment C: NIM Minutes. To date, approximately four letters of objection have been received. One letter of support has been received from the Olde Cypress Master Property Association. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA- 2009 -742, revised on February 1, 2011. -STW RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2010 -388 to the Board of County Commissioners with a .-� recommendation of approval of this amendment. However, should the CCPC decide to recommend that the 3.9 -acre park commitment be retained, the following issues need to be addressed: 1. When the park is to be built -- commenced and completed; and 2. Whether it is to be a public or private park; and 3. Whether it is to be an active or a passive park; and 4. What facilities will be provided; 5. Who is to maintain the park; and 6. Where will the park be provided on site; and 7. Must there be two parks in the increments shown, or is there discretion as to how the 3.9- acre park commitment is to be fulfilled; and 8. If the increment issue is discretionary, who is to decide and when is the decision made. Olde Cypress PUD, PUDA- PL2010 -388 February 4, 2011 Page 13 of 14 PREPARED BY: YW"A aIAMJ�&h NANCY G A H, AICP, PRINCIPAL PLANNER DEPART E T LAND DEVELOPMENT SERVICES GROWTH ANAGEMENT DIVISION REVIEWED BY: RAYMOND V. BELLOWS, O ING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION d. LIAM D. L NZ JR., P. E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION APPROVED BY: NICK CASALANGU UTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION MARK P. STRAIN, CHAIRMAN WIN � `J 31-// DATE o2- Q1 -X11 DATE 2 --7-11 DATE Tentatively scheduled for the March 22, 2011 Board of County Commissioners Meeting Attachments: Attachment A: Original Master Plan Attachment B: Ordinance Attachment C: NIM Minutes Olde Cypress PUD, PUDA- PL2010 -388 January 26, 2011 Page 14 of 14 w n, r� C) Attachment A Exhibit H Master Development Plan .......... Bikellogging trail C Commercial 11.6 O Office (Commercial) 9.6 S.F. Single Family 41.8 V.T.H. Villas/Townhouses 32.3 G.A. Garden Apartments 50.2 M.I.1G.A. Moderate Income Garden Apartments 31.7 Golf Course 117.41 PreservationlPark 91.4 Roads 33.3 Water Management 80.8 TOTAL 500.11 Owners /Consultants Petitioner Immokalee Road Partnership & Greg Cabiness Project Engineers Hole, Montes & Assoc. Land Planner Julian Bryan Golf Architect Ward Northrup Water Quality Missimer & Assoc. Environmentalist Kevin Erwln Transportation Barr, Dunlop & Assoc. Legal Young, Van Assenderp, ,,ft V��arrnadoe & Benton P.A. 4l N zon 400 eon S.01. —r HOLE, NIONTES AND ASSOCIATES, INC. Consulting Engineers and Surveyors Naples Bonita Ft. Myers r Attachment A Exhibit H Master Development Plan .......... Bikellogging trail C Commercial 11.6 O Office (Commercial) 9.6 S.F. Single Family 41.8 V.T.H. Villas/Townhouses 32.3 G.A. Garden Apartments 50.2 M.I.1G.A. Moderate Income Garden Apartments 31.7 Golf Course 117.41 PreservationlPark 91.4 Roads 33.3 Water Management 80.8 TOTAL 500.11 Owners /Consultants Petitioner Immokalee Road Partnership & Greg Cabiness Project Engineers Hole, Montes & Assoc. Land Planner Julian Bryan Golf Architect Ward Northrup Water Quality Missimer & Assoc. Environmentalist Kevin Erwln Transportation Barr, Dunlop & Assoc. Legal Young, Van Assenderp, ,,ft V��arrnadoe & Benton P.A. 4l N zon 400 eon S.01. —r HOLE, NIONTES AND ASSOCIATES, INC. Consulting Engineers and Surveyors Naples Bonita Ft. Myers M I M M 0 K A L E E ROAD (C. R. 84 I 0 0 w U N PRESERVE - HEOBACEOUS WETLAND CREATION AREA PRESERVE - WETLAND / UPLAND RESTORATION AREA PRESERVE - FOR SQUIRREL PRESERVES. EXACT LOCATIONS AND SIZE TO BE DETERMINED IN, MELD DURING CONSTRUCTION. 'TOTAL AREA TO BE 6.5 Ac. ®� 1.42 ACRES TO,& EXCLUDED FROM DRI DENOTES APRelXIMATE LOCATION OF ELEVATED GOLk CART BRIDGES. EXACT LOCATION TO BE DETERMINED IN FIELD DURING CONSTRUCTION. * SELECTIVE CLEARING IN THESE AREAS PERMITT>D FOR GOLF COURSE PLAY 4 FUTURE ACCESS LAND USE SUMMARY&& DESCRIPTION / PARCEL ACREAGE RESIDENTIAL (F) 182.8± COMMERCIAL 12.5± ROAD R.O.W. 30.7± PRESERVE 194.5± GOLF COURSE, OPEN SPACE LAKES AND CLUQHOUSE SITE 181 5+ TOTAL PROJECT 602.0± Z W g W yG� V 8I a Q. x u w W Wa U O z Z O Z I C CtW.1TUPHlR K wil'nel4 PY SET NUMBER: 19501EM1 SHEET: 2 � ORDINANCE NO. 11 -, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000 -37, AS AMENDED, BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLLANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND SCHEDULE "; AMENDING TABLE I ENTITLED "OLD CYPRESS LAND USE SCHEDULE "; AMENDING SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES "; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWELLING UNITS "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Olde Cypress PUD and DRI was originally approved as The Woodlands PUD and DRI; and WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate development on the eastern portion of the project including, but not limited to, the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DRI master plans were amended to eliminate a park and road, the PUD document failed to delete certain references in the text to those improvements; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000 -37, to delete certain improvements from the Olde Cypress PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance ", item 5 of Ordinance No. 2000 -37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of ?:-I 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is fl� Words are deleted; words underlined are added. 1 of 4 Qlde Cypress PUD/ PUDA- PI.2010 -388 Rev. 1/24/11 Attachment B consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows: The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi - family dwelling units with a golf and country club, commercial, water recreational facilities and preserve areas. SECTION THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is 41 9 942. The number of dwelling units per gross acre is approximately -2 1.75. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. SECTION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000 -37, as amended, is hereby amended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build -out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swimming pool; 3. Bicycle paths and sidewalks; 4 --N___ mss= Words str -uGk through are deleted; words underlined are added. 2 of 4 Olde Cypress PUD/ PUDA- PL2010 -388 Rev. 1/24/11 4. Passive recreational uses (Preservation 176.2 acres environmental permits. of wetlands and transitional areas minimum); where allowed by SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows: TABLE OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKE /PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY *SEE ALSO SECTION 8.13 OF THIS ORDINANCE 4-44 -0 942 Units 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures ", item C.4a of Ordinance No. 2000- 37, as amended, is amended to read as follows: 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is nine hundred forty -two 942) units. Words strusk thr4augh are deleted; words underlined are added. 3 of 4 Oldc Cypress PUD/ PUDA- PL2010 -388 Rev. 1/24/11 SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING UNITS A maximum number of 4-,M 942 residential dwelling units may be constructed on lands designated "R ". SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney CP \10- CPS -01044\20 Words stpjsk through are deleted; words underlined are added. 4 of 4 01de Cypress PUD/ PUDA- PL2010 -388 Rev. 1/24/11 Olde Cypress & Vita Tuscana Neighborhood Informational Meeting October 18, 2010 5:30 pm @ Olde Cypress Clubhouse Speaker: Rich Yovanovich — Coleman, Yovanovich, & Koester, P.A. Speaker. Chris Mitchell — Waldrop Engineering, P.A. Applicant: Brian Stock; Keith Gelder — Olde Cypress Development, LTD & Vita PIMA, LLC Rich Yovanovich: Good evening, my name is Rich Yovanovich, I am a local attorney in Collier County and I am one of the representatives for the applications that we are going to talk to you tonight about in front of Olde Cypress. With me tonight are several people: Brian Stock, Stock Development, the developer of Olde Cypress as well as Vita Tuscana, Keith Gelder with Stock Development in charge of the entitlement process for Stock Development, Chris Mitchell with Waldrop Engineering the project engineer. Two representative form Collier County that are reviewing our projects are with us today Nancy Gunlach who is reviewing the Olde cypress PUDA, and Kay Deselem who is reviewing the Vita Tuscana RPUD as well as the proposed Amendment to the Olde Cypress DRI. We are required to have a Neighborhood Informational Meeting under the county's process and required to record the meeting, summary meetings, provide minutes, and provide a tape of the meeting to the county. It would be helpful when you ask questions if you could speak you name so we can get it on the tape and not talk over each other. We have a couple of different petitions that I'll walk you through and answer any questions you may have regarding the petitions. It's probably better if you let me speak about all three of them because they are all intertwined. In front of the Olde Cypress community, there is a cleared area that was cleared by the previous developer. It is approximately 46 parcel that has been zoned the HD Development PUD. That property has been acquired by one of Brian's Stock's entity, Vita PIMA, LLC. Along with another 18 acres immediately to the west of the property. It is approximately a 64 acres property that we are in for a rezone of the existing HD Development PUD to the Vita Tuscana RPUD. The existing HD Development PUD was approved for 104 units (71 single family homes and 33 multifamily units). We are adding 18 acres to the project and requesting a total project density of 158 units and increasing the 71 SF to 125 SF. We are not touching the 33 MF units approved in the original HD development PUD. Brian's (Stock's) group doesn't own that parcel, so we are not changing the density. So that will remain the same. The first petition that we are going through the process is an amendment to the HD Development PUD. To rename it, to add the 18 acres, and to allow for 125 SF and 33 MF units. We are allowing for the ability to build two story SF homes, which is different from the original HD Development PUD. The minimum size of the homes must be at least 1,600 SF. There is some product that Stock is building in Lely Resort project that requires a 5 foot side yard setback, so we are trying to bring that product here. The change will be from a 6 foot side yard setback to a 5 foot side yard setback. So, that is the first petition that we are going through. The second petition that we are pursuing is an amendment to the Olde Cypress PUD. The Olde Cypress PUD was originally approved the mid- 1980s. When it was approved, it was approved for over 1,300 n residential units. This was the original master plan approved in the PUD. The original project was supposed to have the project access on the east side of the project, not where the current access is on the west side as it is today. In 1996, when we got through the environmental permitting with the SFWMD 10/21/2010 Attachment C and the Army Corps or Engineers, a new master plan was approved for the project and the project density was reduced.. All of the development that was formerly on the east side of the project was removed, including the reference to two parcels that comprised of 3.9 acre parks and natural trails that were referred to n the PUD document. In the new PUD master plan, you can see all the development went away on the east side, and unfortunately within the PUD text the reference to the park was not deleted. The 3.9 acre park remained in the text of the PUD document. The purpose that we are going through this amendment is to delete the reference to the 3.9 acre park and walking trails in the text. We are also reducing the project density originally approved for 1,100, subtracting out 158 units - which is the same number of units for the Vita Tuscana PUD. The third petition is an amendment to the Olde Cypress DRI. When the Olde Cypress DRI was approved, it was ultimately approved for 1,100 residential units. We are adding in the Vita Tuscana 64 acres into the Olde Cypress DRI and keeping the and keeping the Olde Cypress DRI density at 1,100. The way we are able to do that is to subtract 158 units from the Olde Cypress PUD to make up the difference. So, the third petition that we are asking for is to add the Vita Tuscana land, not increase the density, and add in the Vita Tuscana project. Those are the three petitions that are winding their way through the county's process. I don't know when our CCPC hearing will be for the three projects. We are hoping that it will be sooner than later to get them done and we'll are coordinating with Kay and Nancy to get them done. Our goal is to have them done while we are in season while people are here. The sooner the better so the developer to move forward with marketing for the Vita Tuscan. project. That is an overview of what we are proposing on the three petitions. I'd be happy to answer any questions on any of the three petitions. Resident: Ok. First of all, I will limit my set of questions just to the first petition. You indicated that the n units and 33 of those to be MF located additional on the 1.5 acres that Stock has yet to purchase. How can you get permission to build homes on property you don't yet own? Secondly, if you were to buy it, will Stock guarantee that the MF will not access to and from Treeline Drive. Finally, if Mr. Stock doesn't buy that piece of land, can the 33 MT units be built in the remaining acreage for the Vita Tuscana proj ect. Rich Yovanovich: The answer to your question is that we are not asking for any changes to the MF parcel. We don't own it and don't have the right to make changes. We are not asking for the right to build on the 1.42 acres because that right already exists under the HD Development PUD. The existing zoning on this property is roughly from here (pointing) west. As you can see, there is a preserve area between the parcels, so the ability to access the MF from Treeline Drive will not happen. The permitting is complete and access to Treeline Drive from MF will not happen. To answer you last question, the most recent draft PUD we've submitted does not include MF in the Vita Tuscan project area, so that use would not be allowed. Resident: In the last meeting we had, I thought I heard Brian Stock, or one of his representatives, indicate that although the MF units are in the PUD, there was not any intention of building MF units. Now, it seems as if there is a plan on the NU. I'd like to know exactly what the plans are relative to the W. Rich Yovanovich: I don't think that is what was said at the meting. I think what was said was that this roughly 1.5 acre site was where the MF product would probably go and that Brian (Stock) has no control over that. I believe the commitment was that there would be no MF in the area I just described as SF, so I don't think anything has changed since the last meeting regarding commitments. Obviously, we can't 10/21/2010 commit to anything on the MF since we don't own it. It is already entitled piece of property under the existing HD Development PUD. But as far as constructing MF in this SF area, the PUD document doesn't allow MF in that area. Resident: Whets the definition of MF for the purposes of the 1.5 acres? Rich Yovanovich: The definition that the county has for MF I believe is three or more units in one building. So if you have 3 or more units in one building, that is considered MF. Resident: How tall? Rich Yovanovich: Under the PUD document, it is 42 feet — 3 stories. Resident: You mentioned that there would be 2 story buildings in the SF area? Rich Yovanovich: Yes — we are asking for the ability to build 2 story SF homes. Resident: We. are being told it would be single story, single family homes. They also mentioned specific models. Somewhere there is incorrect information. Rich Yovanovich: The PUD document that we've submitted allows for 2 -story SF homes, with a minimum of 1,600 SF. I don't recall the discussion of a height commitment at the previous meeting. Brian (Stock) has stated the majority of the homes will be single story. Resident: What were we told before? Brian Stock: I don't ever remember making a commitment that there wouldn't be two story homes. We plan to offer three different product lines; four of the five floor plans in each product are single story. The majority of our customers in the past have selected single story floor plans. Again, I don't ever remember making a commitment that there wouldn't be two story homes. Resident: The product line that you are talking about - what Lely comparable communities would you compare it to? Brian Stock: Martinique, Caldecott, & Cottesmore Resident: Just some clarifications. Brian Stock doesn't own the 1.42 acre MF site? Rich Yovanovich: Correct. Resident: Are you negotiating to purchase the property? Brian Stock: No. Resident: Is it owned by some other developer? Rich Yovanovich: Yes. It is owned by some other developer. 10/21/2010 Resident: What I don't understand is why amend the PUD on property that he doesn't own, isn't going to own, belongs to someone else, and will continue to be MY. Rich Yovanovich: We are not amending that portion of the PUD document. We are only amending the portion of the PUD document that applies to the SF homes. There are 71 SF homes approved in the HD Development PUD. We are adding the 18 acres adjacent to the PUD to create a unified SF community. In doing that, we're going from 71 SF to 125 SF. The only other alternative is that if we don't amend the PUD is to develop the 18 acres as a stand alone project. An 18 acre parcel under the county's Urban land use designation we'd be entitled to build up to 72 total units (18 acres x 4 units /acre). It's more difficult to develop an 18 acre parcel as single family homes. So, the reality is that if this parcel was developed separately; it would probably be developed as multi- family product. So, the thought process was to add the 18 acres to the HD Development PUD to continue on with the concept of single family development. Resident: Is this development going to be built as spec or purchase? Brian Stock: Purchase. Resident: How long do you expect this development to last? Several years? Brian Stock: Hopefully the faster the sales pace will allow us to finish the community within three years or less, but we can't control the customers. Resident: Is the sole access to this community through the main gate? Rich Yovanovich: Yes. Just as it was when HD Development had the property. That hasn't changed. Resident: One clarification. You mentioned there was originally 6 foot setbacks for Vita Tuscana. Rich Yovanovich: The original setbacks for the HD Development PUD was 6 feet. We are requesting to change that to 5 feet. Resident: Because the side yard setbacks in Olde Cypress are 7.5 feet minimum. So that is quite a difference. I just want to clarify. The original project was not supposed to be part of our community. Rich Yovanovich: The original HD Development was a separate PUD. Resident: Can you explain the basis of the interpretation on the mapping changes and the removal of the park from the written documents? Rich Yovanovich: You have to go back and read the DRI document that references the parks. The DRI document specifically identifies where the two park parcels would be and it references them in the far northeast corner near the cypress area and intermediate MF property. So there were two parcels, 1.7 and 2.2 acres combined make up the 3.9 acre park in the original DRI document. So, the exact location was identified in the DRI document. When we came back and went through the process later and determined that none of the development referenced in the DRI document no longer existed on the master plan. (because they were cross - referenced). It's my belief is that the county took care of the major issue, but missed the minor issue in the PUD, which was the PUD reference to the park. It was just missed as they n were going through the process. It should have been deleted - just like the development density that was in that area was actually deleted - as the amendment occurred in 1996 to the PUD document and the DRI 10/21/2010 document. Then there is a reference that says if there are any inconsistencies between the original approval and the new approval in 1996 that the new approval prevails. Well, the original document references a park in the northeast corner which is clearly inconsistent with the new approval. So I just think it was missed through the process and that's why we're deleting the reference to the 3.9 acres. Resident: I believe 2 or 3 years ago, you were the individual that presented where the 3.9 acre park was going to go and there was some discussion about taking down part of the driving range — is that correct? Rich Yovanovich: Yes. Resident: If what you are saying is the truth, then why was there any effort to put a park in? Why was there discussion about it? Why was there a plan if there was no need for it? Rich Yovanovich: There was an attempt by the developer to give people a park that frankly they didn't have to give you. But in doing so, it was clearly not well received. I remember very clearly it being an unpopular decision on where to locate the 3.9 acres. We tried to fit it within the confines of the existing Olde Cypress project because, as you know, Olde Cypress is essentially built out. We couldn't find a location that was acceptable to everyone. So now we have to clean it up, because it's still there. People are still asking about the 3.9 acre park. It's our positions the 3.9 acre park is not an obligation so we are trying to clean up the documents so we can put this issue to bed. Because until the reference to the 3.9 acre park reference comes out of the PUD, people are going to continue to ask where it is. Resident: When people bought homes and Stock Realty was discussing the features that were to occur in the parks — do you have any concerns on liability? Rich Yovanovich: I'm going to focus tonight's conversation on the changes that affect the PUD document. I'm not here to have a liability discussion. I'm here to talk about the PUD and the park.... Resident: Same question. Rich Yovanovich: The history of the entitlements does not require a park. Resident: Basically, getting back to the questions that were just asked, based on the research and investigation I've done over the last two months - I spoke to approximately 17 county planners, lawyers, representatives, etc - I must respectfully disagree. In my opinion, that the fact that indeed those parks are located in the remote northeastern boundary were removed for the purposes of the remoteness and that they were preserves, in no way relieve the developer of the obligation to develop those parks and nature trails elsewhere in the 538 acres that they have yet to complete development on. And the reference that `they have been removed from the diagram, therefore, we no longer have an obligation' I would like to quote from the PUD 9.02B Section 9 - General Development Commitments — "the design criteria and layout illustrated from the Master Plan and development plan shall be understood as flexible to comply with all technical requirements and best use natural resources ". Accordingly, I'm sorry I for one am going to go to the Planning Commission with my research and to the County Council and ask them to please reconsider. I respectfully suggest that he does indeed still have the obligation and can satisfy that by putting the parks and a limited nature trail in Vita Tuscana as it becomes an extended part of the Olde Cypress PUD 10/21/2010 Resident: I would like to come back to the timeline of the DRI changes. You indicated that two documents were changed — the DRI and a drawing that changed? What were the dates on those documents? Rich Yovanovich: The amendment that changed the Master Plan was in 1996. The original DRI was approved in 1986. In 1986, this (pointing) was the DRI Master Plan. In the Master Plan, you can see the original location of the parks in the northeast comer. Interestingly enough, you couldn't ever access the park without going through the proposed MF development and through the preserve to get to the park areas. Resident: There was an amendment to the DRI done to remove the development and park — when did that occur? Rich Yovanovich: 1996. The map was changed at the same time. The main access was to the right (east). The county was then proposing to extend 951 all the way up along the east side of the project. The main access was to be on the east. Resident: Are you suggesting that the Amendment and the map were changed at the same time? Rich Yovanovich: Yes — they were done at the same time. There was a reduction of project density and the removal of the park areas that occurred in 1996. Both were changes at the same time. Resident: In 2007, when you were standing up here taking bullets, why didn't you say that at that time? Rich Yovanovich: Because at that time, we were hoping that you would accept an alternative plan. If I would have had my druthers, I would have said you not entitled. Resident: We live on Treeline Drive and according to the map that you handed out, it looks like edge of the property ends at about the fourth MF west of the driveway? Rich Yovanovich: There is no MF on this plan. Resident: Is this MF (pointing to SF area)? Rich Yovanovich: No. Those are different single family products. Resident: So, the colored portions is what Stock owns? Rich Yovanovich: Correct. Resident: The dark green is what? Rich Yovanovich: Preserve. Resident: Preserve and SFWMD flow way? Is that set in stone? Rich Yovanovich: Yes. It is permitted. Resident: Never to be touched? Because when it rains, we get 45 feet of water. 10/21/2010 Rich Yovanovich: Correct. Resident: What are we doing with the property highlighted in white? Rich Yovanovich: It is NW. Resident: Is it close to the Dunkin Donuts to the east? Rich Yovanovich: Yes. Resident: How do you change the zoning on someone else's land? Rich Yovanovich: We are not changing anything. We are not changing the development standards on the MY. Resident: You said it was zoned ag? Rich Yovanovich: That is the 18 acres next to the cleared land. Resident: Will the SF development be required to be social members of the club? Brian Stock: Yes. They will be required to be social members. Resident: The MF section... are any arrangements to be made for them to be part of the club? Rich Yovanovich: No. There has been no discussion. Resident: As far as landscaping — will that be the same quality as Olde Cypress? Rich Yovanovich: Yes. It will be consistent with Olde Cypress. The goal of the project is to have a nice SF development at the entrance of Olde cypress. Resident: So they will this community be considered part of Olde Cypress — not a separate neighborhood? Rich Yovanovich: Essentially, I guess so. Yes. From a practical standpoint — yes. Resident: Can you give me an explanation between the red and yellow colors on the site plans? Rich Yovanovich: They are all single family. The red is 50' lots and the orange is 60' lots. Resident: What are the security plans from Immokalee Road once this is all cleared to protect us in Olde Cypress? Rich Yovanovich: The canal and a perimeter landscape berm adjacent to the canal between Vita Tuscans and Immokalee Road. 10/21/2010 Resident: Fundamentally thought, you could walk right down the asphalt path and walk into Vita Tuscana? Rich Yovanovich: Yes, I guess you could. Resident So this is no longer a gated community? Rich Yovanovich: We'll need to talk about (security)? Resident: So, this is already not a gated community since you can walk down Logan Blvd and walk right in to Strada Bella. Resident: My name is Gary Lusher. I've been part of this community for several years since 2002. Obviously, the request for the establishment is growth which is totally understandable and a welcome addition to the community. But I was at the 2008 meeting and meetings before that. I think you realize there was an expectation of a park. What is the benefit to the homeowners and the community of Olde Cypress in not objecting to the elimination of the park and nature trails? What's the benefit to the homeowners? Rich Yovanovich: The benefit to the Olde Cypress community is that you will get this development at your entrance. A 125 SF community vs. the original 71 unit project with 33 MY and a separate 18 acre MF project at your entrance. You will get a higher quality project at your entrance. At the meeting two weeks ago, there was discussion not related to the re -zone documents about enhanced landscaping that will occur at the entry and additions to the clubhouse /fitness center areas that are all hand in hand in addressing what some people perceive as the loss of a park. There is going to enhancements to the n fitness center, landscaping, and a much nicer development in our opinion than what could have been there had Brian (Stock) not made a commitment to buy this project and build SF rather than letting it go to another developer who could have built up to 72 MF units. We believe that tradeoff more than enhances the value of the Olde Cypress community's perceived loss of a 3.9 acres park. Resident: Excuse me. What is the value you put on these improvements and what value do you put on a 3.9 acre park. What is the value of getting a environmental park and nature trails? What dollar value? Rich Yovanovich: You are asking appraisal issues that I cannot answer. Resident: At the last meeting, you said it was $100,000. Rich Yovanovich: Well, the landscaping we are proposing is more than $100,000, the fitness center improvements are doubling the size of the facility, and there is a lot of money related to that. Are you asking an exact value? Resident: So swapping 3.9 aces of park and the elimination of nature trails for a couple hundred thousand dollars? From the crowd: I don't think that is correct. I don't think you are doing this to swap out the park. You're doing this to enhance our properties in here and help you develop your property which would be a tremendous enhancement to the community as a whole (applause) Rich Yovanovich: Yes ma'am 10/21/2010 Resident: I just want to say that some people in the meeting in 2007 spoke out against the park and I just want to say that it doesn't represent the entire community. We have a lot of valuable space out here where we can see nature, we have the preserves. I don't see any value in the addition of the park and I'm glad Brian Stock is developing this property (applause) Resident: I just want to comment. Thank you for your reference on want vs. want. I want to know what is the benefit to Olde Cypress? As I understand, it is an enhancement to our community, the club, as well as intrinsic improvements to show progress on Treeline Drive. You've answered my question. Rich Yova.novich: Yes sir. Resident: I was finished until you mentioned the fact that the fitness center is basically part of the enhancement package — and it certainly is. And tangibly it will benefit us all. I've been here since 2003. That fitness center was discussed in 2005, before Mr. Stock had anything to do with Vita Tuscany That fitness center — and I go there every day — is the smallest, most ill equipped, and frankly embarrassing fitness center in all of North Naples. I think in a depressed housing market it would be wise for any developer to improve that because it is an eyesore - so it can help him (and us) develop homes in Vita Tuscany But to say that if he wasn't going to development Vita Tuscana is adequate for the remaining 466 of us. It's never been adequate. I would think it would be something a responsible developer would have done long ago after the sales center was moved from that area. So, I am impressed wit the new sales center and I think it will be excellent. However, I think it was due to us long before Vita Tuscana ever came up. .� Resident: Assuming the amendments shall past and construction occurs, this will be a multi-year project correct? Since it is at the entrance of Olde Cypress and there will be a lot of activity and construction — what if any plans are there to deal with a major construction area at our entrance. Screens, berms, etc. The construction will happen but it will also be pretty visible for people coming into the area. Is there anything you can do to modify that? Keith Gelder: Obviously, there will be a lot of construction activity. You've already got an existing landscape buffer at the entrance to the community. It's something we'll have to coordinate and address. It's something that we've been discussing lately how to manage that. Dump truck going through the front gate — it's something we'll coordinate. Is there anything that we can do at the driving range — cutting through before the gate, or after the gate? It's something well have to work through. We are responsible on all of our Lely Resort projects in terms of screening, cleanliness, and managing our jobsites. It's something that we are cognizant of and work through. Resident: I wasn't concerned about the details. I was mainly looking forward to a commitment from you to do whatever you can to minimize the construction. Keith Gelder: Absolutely. We'll have to manage our jobsites. Resident: I have a related question that has to do with a security concern. With that the open area not being gated or bermed - lots of people will be coming into and construction workers, etc. Keith Gelder: What we've always done on our jobsites is have a gated construction access. We'll take measures to restrict access the best we can. We'll take appropriate measures along Immokalee Road as well. 10/21/2010 Resident: Is the current owner of this property the same owner of the property Longshore? Rich Yovanovich: No. Totally different property. Resident: Who owns this? Rich Yovanovich: Vita PHvfA, LLC. Brian Stock. Resident: Could somebody explain the difference of numbers — the Olde Cypress website states there `will be a low density environment of 650 homes to give you the ultimately luxury of space'. If you take 650 and subtract 426, then the 125 SF of Vita Tuscana, that leaves 99 open SF units somewhere. Is there a discrepancy and the number you have here? The Olde Cypress website states 6.50 homes —just in our community. If you take the numbers — they don't add up. It gives you an additional 99 units. The MF are not part of Olde Cypress. There are 99 possible units according to this (website). What is the discrepancy? It's off the Olde Cypress website. Rich Yovanovich: The Olde Cypress PUD was approved for 1,100. We are removing 158 units to take it to 942 units. That's what is approved in the zoning. I'm not sure what the website says. Resident: The Stock Olde Cypress website says 650 SF homes. Rich Yovanovich: That was prior to adding this 64 acres... Resident: I'm saying that in Olde Cypress there are 426 homes. Add 125, that's 551— a difference of 99 units. I'm questioning where they might be coming in. Brian Stock: I understand what you're saying. As far as the numbers aren't adding up, we'll have to take another look at that. Steve DeAngelis: That information was put on the website was by the original board. It may be outdated. We'll have to update it. Resident: This is not the Olde Cypress Master website. I'm saying this is the Stock Olde Cypress website. Rich Yovanovich: Any other comments? Resident: Someone asked the question the berm on Immokalee and whether that would compromise our community and whether we are, in reality, a gated community. It seems it was not answered. Can you answer that concern? Rich Yovanovich: Right now the HD development calls for a landscape berm and buffer along Immokalee Road. That same concept is being carried on for the additional 18 acres. So, there is no changes in the access to the community form what was previously approved. Resident: We presently live in a gated community with certain security. n Rich Yovanovich: Unless it is gated all the way around ?? We are not changing the accessibility. 10/21/2010 Resident: But if you can walk in off Immokalee Road? Brian Stock: We are going to have to do some type of fence or security structure on Immokalee Road. At a minimum we'll have a security fence. Rich Yovanovich: Let us get back to you regarding security — fencing or not fencing. Resident: I would appreciate if you could get back to us. Rich Yovanovich: We will let your association know. Resident: One final question - the issue of the park. There has been an evolution of understanding whether the park issue was a legal obligation or wasn't an obligation. Stock trying to alleviate the issue. I believe that it wasn't voluntary unless there was a legal obligation. I still would hope that we as residents and also Stock can clarify to the Commission or Planning Representative what the legal requirements or obligations of Stock are relative to the park. We've heard it was a requirement, not a requirement, somebody mentioned it was an administrative oversight. That makes no sense to me. It's hard to believe. I would like for all parties to understand exactly what the legal aspects are with respect to. So we don't spin our wheels speculating. Rich Yovanovich: Let's just cut to the chase, we believe that this project and the improvements to the entrance more than offset the obligation to build a park. We can go back and forth all we want. We don't believe we have the obligation. We believe the proposed plan of development more than offsets the .-N obligation of a park. I think there is probably a difference of opinion. Unless there is anything new, I would like to thank everyone for coming. ** *END OF MEETING * ** 10/21/2010 (PLEASE PRINT CLEARLY) Agenda Item # 1 MEETING DATE t ;v), (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME ADDRESS 3 i Yi- Representing / Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THRFF «1 MT1UI MCC Enn vnl I /' ^RAMA Agenda Item # (PLEASE PRINT CLEARLY) A g MEETING DATE ,�� (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE�'� NAME Representing/ Petitioner: ADDRESS Other: !mil COLLIER COUNTY ORDINANCE N0, 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR /C2:� PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE 'L / / 7l ( (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE � * , a64 12e, -e NAME /4VWl / Representing/ Petitioner: ADDRESS 7�'C -r Other: k, ,'vim COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY) Agenda Ite dy- dflWe -3q? MEETING DATES r 2 (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLEr� i NAME 9DO E� l �6'j C��41V Representi ng / Petitioner: s ADDRESS 7/- r- Res i 0 E /V-T- Cr/- P'F C yPp 'css . Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # c A- MEETING DATE 2 , 17 1 AGENDA ITEM TITLE (A �tt NAME Representing/ (Circle Meeting Type) Regular Special Workshop Budget L ZGIQ 3 ADDRESS 76:14 Ig&&I /,kw DP- Other: ,- ---_._ COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY ) Agenda I 9� g tom # MEETING DATE AGENDA ITEM TITLE l/�a9P l y ,>vPSS NAME Representing/ Petitioner: (Circle Meeting Type) Regular Special Workshop Budget 15-U ADDRESS Z 8 ¢8 &t/ /e V �,�'C',r�jP C Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE AGENDA ITEM TITLE NAME V�-�� Representing/ Petitioner: Agenda Item # �- (Circle Meeting Type) Regular Special Workshop Budget ADDRESS Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL Ld�BYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY) MEETING DATE 3, 1-7111 AGENDA ITEM TITLE .l Agenda Item # (Circle Meeting Type) �� y4 PL 7,010 NAME fy) Af 1C bA ADDRESS Representing/ Petitioner: Regular Special Workshop Budget -3F 8 �»Ai sS19rJC� C� Other: --wrs-/ KJ t COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE, PRINT CLEARLY) MEETING DATE A � % 12011 AGENDA ITEM TITLE NAM Representing/ Petitioner: Agenda Item # (Circle Meeting Type) Regular,' Special Workshop Budget ADDRESS a -) Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM_O TH-E TABLE LEFT .OF THE nTOS TN T14F RnARn onnM DDTnO -rn TUC CIIDl�& -T o�*.1., "IrAMr% (PLEASE PRINT CLEARLY) MEETING DATE - /';� " / / AGENDA ITEM TITLE 0/Z) C'" .?t-S Agenda Item # (Circle Meeting Type) Regular Special Workshop Budget NAME '�-.. r ADDRESS i��.�fr , Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) MEETING DATE �-- )-7— I Agenda Item # C�4 j� (Circle Meeting Type)( Regular Special Workshop Budget /� AGENDA ITEM TITLE I'�' C bA- 44, ;� -- S� NAME Lf ,41 16-7— ADDRESS Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. (PLEASE PRINT CLEARLY) MEETING DATE ` /7 - ac3/ � AGENDA ITEM TITLE % /'� C C" Agenda Item # 7 A- ?- c (Circle Meeting Type) Regular Special Workshop Budget NAME ( ��5 S1 � - /S lc,ff // ADDRESS Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # MtE ?A MEETING DATE 907)// (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE j�G(;Ll� ,�ECJ�i�/�f�' -- ��f D� aC) NAME G- l 14 /ti -=5 Representing/ Petitioner: ADDRESS 6C-2ZX Other: r- P Z)C- -A F , C�� c7� C `lP,C91- COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD Naples Daily News • Friday, January 28, 2011 • 21A ep PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M.. Thursday February 17. 2011 in the Board of County Com- missioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples Florida, to consider: DOA- PL2010 -1052: Olde Cypress Development, LTD and Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., is requesting a change to the previously approved Olde Cypress Development of Re- gional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will add 63.9 acres into the DRI boundary, and amend Map H and remove the 3.9 acre park requirement to, incorporate this change. The subject property consisting of 602± acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ- PL2010 -1054) [Kay Deselem, AICP, Coordina- tor] All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday February 17. 2011, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation to the Board of County Commissioners, if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evi- dence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 231182000 Januamk28 2011 1J 1A 15 A50. PROJECT 14 T LOCATION WAl lql� E 2D YIRM0. 22 " Emi(�) AGE v 2J (DRO y� DDIFMS E A (P) NAPlESIMAG(ALEE RWD (C.P. BaB) 29 caoEx µ�[9ESin)E5 28 u HFPotAGE RIWf �Hg V�28 27 BRITLMY BAT MM1�ENl5 � �nTk URE 28 AGENDA ITEM 9 -13 Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: FEBRUARY 17, 2011 SUBJECT: DOA- PL2010 -1052: OLDE CYPRESS DRI, (COMPANION ITEMS: PUDZ- PL2010 -1054 AND PUDA- PL2010 -388) PROPERTY OWNER &APPLICANT /AGENTS: Owner /Applicant Agents: Olde Cypress Development, Ltd. Chris Mitchell Richard D. Yovanovich and Vita PIMA LLC Waldrop Engineering, P.A. Coleman, Yovanovich & Koester, P.A. 2647 Professional Circle 28100 Bonita Grande Drive Northern Trust Bank Building Naples, FL 34119 Bonita Springs, FL 34135 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION• The petitioner is requesting an amendment to the Olde Cypress Development of Regional Impact (DRI) Development Order (DO), in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will add 63.9 acres into the DRI boundary, amend Map H, and proposes to remove the 3.9 -acre park requirement. GEOGRAPHIC LOCATION: The subject property consisting of 6024- acres is located along the north side of Immokalee Road, between an area approximately 330 feet west of Nursery Lane and Olde Cypress Boulevard, in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (See the location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to amend the DRI Development Order and the DRI Master Plan (Exhibit H) to add approximately 63.9 acres to the DRI. The 63.9 acres to be added is limited to the 45.2 acres of single - family area with an RPUD Zoning District designation that is known as the HD Development RPUD, and 18.7 acres of land with an Agriculture Zoning District designation that, in a companion project, is to be added to the HD Development PUD. The 1.42 -acre multi- family tract of the HD Development is not proposed to be added to the DRI as the applicant and agents in this petition do not own, control or have authority to make any changes to the multi- OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 1 of 9 February 17, 2011 CCPC Revised 2/3/11 LEE COUNTY TUSCANY QUA PARKUNOS MIRASOL (OR]) '7 (DW) 7 B B 10 11 WAIL TERARNA MINASOI HERITAGE BAY PEUCAN r CREEK ORI) 3 MAIN. STRAND (R10 lea � 17 16 14 PROJECT LOCATION ,GAN AFL LONCSHOILE aI�L NIRASOL HERITAGE BAY STRAND LAKE F oRl CARLTON (DRI) 20 22 23 LAKES 19 (ORI AWE'S EBOLI NORTH 8 PLAZA OOKE COORNER (P) NAPLEB- IMMOKALEE ROAD g6 �� 3 o� RICNI.WD SUMMR LAKES MNNCSIDN AKES 29 TVtlAENY MAUN GOLDEN GATE ESTATES 2B Z7 E 3 UNIT 97 NFAITAGE 26 CRYSTAL RICAS GREENS LAKE BREEZEWOOD HAMILTON (S) INRCO LANES BRITTANY BAY APARTMENTS WARM SPRINGS OREENS STANDING KRIS S BUTTONN000 PINES PRESERVE OAKS PAS 0 SUMMIT PLACE ISIANDWALK RI NAPLES m 32 (m) VANDERBILi PALOep tort 9� 31 GOLDEN GATE ESTATES 33 CWNiRY CWB a LAKES 0 PEVCAN UNIT Be 34 �xwA 35 b HARSH (DRI) pN19 WDLi CREEK BOKWOOD w�p� BGCKS RUN VANOERBILT BEACH ROAD MILtS MISSIGN CHURCH BRADFORD VANDERBIIT CAROLRIA SWARE TRUST PRCRM NLLACE WNEYAR S W n NNEYARDS 0 a (DRI) 4 3 Z' 2 S GaDEN GATE ESTATES MOEN GATE ESTATES NUT 2 � GOLDEN GATE ESTATES UNIT 3 �U UNIT 85 W U GOLDEN GATE BLVD. GOLDEN GATE FSTAlES VNEYARDS GODEN GALE ESTATES GOLDEN GATE ESTATES GOLDEN GATE ESTATES MIT 35 (ORI) UNT ]2 VNIT 1 UNIT 4 7 6 9 10 11 LOCATION MAP ZONING MAP PETITION # DOA - PL - 2010 - 1052 r I I F®rmol Lmmm J, � 1 M M O K .:.:.:.:.. f «e> OUT PARCEL �. W N W PRESERVE • HERBACEOUS WETLAND CREATION AREA PRESERVE - WETLAND I UPLAND RESTORATION AREA u PRESERVE• FOX SQUIRREL PRESERVES. EXACT LOCATIONS AND SIZE TO BE DETERMINED IN FIELD DURING CONSTRUCTION, TOTAL AREA TO BE 1.5 AD. +l. m tA2 ACRES TRACT EXCLUDED FROM DRI v1 U V 1 �a1 DENOTES APROXIMATE LOCATION OF ELEVATED GOLF CART BRIDGES. EXACT zQ LOCATION TO BE DETERMINED IN FIELD DURING CONSTRUCTION. a t * SELECTIVE CLEARING IN THESE Qi F AREAS PERMITTED FOR GOLF COURSE PLAY u 4 FUTURE ACCESS LAND USE SUMMARY®& W �! DESCRIPTION I PARCEL ACREAGE ® RESIDENTIAL 182.St H COMMERCIAL 12.Si ROAD R.O.W. 124T PRESERVE 134.St O GOLF COURSE OPEN SPACE 131 ILAKES AND CLUBHOUSE SITE TOTAL PROJECT 602.Ot e J family tract. No increase in the number of units is proposed as part of this amendment to add additional land. The applicant has not specifically requested that the 3.9 acre park requirement be removed, n claiming that the park requirement was removed in the 1996 amendment (see below) because park areas were omitted from Map H, the DRI Master Plan. However, the Southwest Regional Planning Council (RPC) and county staff do not concur with that statement believing that the park issue has never been publicly vetted, and that the omission of the park in the revised Map H did not constitute approval to remove the park commitment. Both county staff and the RPC believe the park issue should be addressed as part of this amendment. The DRI is located east of Interstate 75, and north of Immokalee Road (CR 846), in northern Collier County. Attachment I shows the project location. The Collier County Board of County Commissioners on November 6, 1986 approved the Woodlands Development of Regional Impact (DRI). The development order was appealed by both the RPC and the Florida Department of Community Affairs (DCA). During 1987, the Board of County Commissioners approved two amendments to the DRI Development Order (DO), in order to address the two agencies' appeal issues. The project is currently approved for 1,100 residential units and 165,000 square feet (SF) of retail and office space, all on approximately 500 acres. The development is approved for five phases, ending in 2015. According to the 2010 Annual Monitoring Report to date, 360 single - family & 396 multi- family units have been constructed, the golf course is complete and the 165,000 SF of commercial is built out. According to the RPC, this project has undergone six amendments to date, as described below. On April 28, 1987, the Collier County Board of County Commissioners approved Resolution No. 87 -96, which amended the development order's transportation conditions, based on the appeal of the development order by the RPC (see above). On September 15, 1987 Resolution (87 -207) was adopted, amending section a(4), fording of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DRI development order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its final order of dismissal of the appeal. On November 1, 1994, the Collier County Board of County Commissioners approved Resolution No. 94 -774, which extended the project's commencement and buildout/D.O. termination dates by four years and eleven months, to the currently approved commencement date of October 7, 2000, and the buildouthermination date of October 7, 2015. On October 22, 1996, the Collier County Board of County Commissioners approved Resolution 96 -482, which reduced the approved number of residential units from 1,460 to 1,100, and reduced commercial use from 200,000 square feet to 165,000 square feet and miscellaneous changes to the n plan resulting from permitting requirements of the South Florida Water Management. Also, the amendment removed a reserved road right -of -way from the east boundary of the DRI. The OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 2 Of 9 February 17, 2011 CCPC Revised 213/11 li applicant was allowed to adjust the project's approved uses to incorporate the fo�mer right -of -way acreage. Miscellaneous changes were also made to drainage /water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof On May 18, 1999, the Collier County Board of County Commissioners approved changes to the Planned Unit Development Document for The Woodlands, to incorporate revisions to the project's development standards, and to allow mini- storage as a use within the commercial area. The development order was not amended. In December 1999, Resolution (99 -472) 28.69 acres was added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1 acre archaeological preserve area. Standards were also incorporated in the development order to provide protection for archaeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. On May 23, 2000, Resolution (2000 -155) was adopted to add 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modification of the golf course/open space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modified from 152.5 acres to 155.2 acres. No changes to the number of dwelling units, commercial floor area, phasing schedule, commencement date, or build -out date was requested. Subject site (outline is approximate) OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 3 of 9 February 17, 2011 CCPC Revised 2/3/11 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPQ: This petition was heard by the RPC on January 20, 2011. RPC staff prepared an analysis, a copy of which is attached to this staff report. In summary, RPC recognized that the proposed changes are presumed to be a substantial deviation under Sub - chapter 380.06(19), Florida Statutes. This presumption relates to the addition of land area to the DRI. The addition of land area to an approved DRI is addressed in under Subparagraph 380.06(19)(e)3., Florida Statutes, which reads as follows: Except for the change authorized by sub paragraph 2.f., any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence. The RPC evaluated the documentation provided by the applicant in the Notice of Proposed Change (NOPC) application attempted to rebut the presumption of a substantial deviation. In reviewing the potential impacts of the proposed changes, Regional staff looked at two possible regional impacts from the changes. These were Transportation, and Vegetation & Wildlife. Also, a local issue dealing with a 3.9 acres park should be addressed by the county. The applicant provided a trip generation analysis, an aerial vegetation map, some conservation easement information and requested Big Cypress Fox Squirrel information. RPC determined that the proposed change would not result in any increase in intensity (no additional units or addition commercial square footage is proposed), the amount of traffic to be generated by the additional trips which according to RPC, equates to a 10.4% increase. The RPC report states: The 10.4 percent increase is less than the automatic substantial deviation trigger in Chapter 380.06(19)(b)15 stating: "A 15 percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development of regional impact review. " Having rebutted trip increases proposed by the changes, no additional transportation impacts were identified for the proposed changes. Addressing the Vegetation and Wildlife issue, the RPC report states: The additional land area to be added was partly cleared (see Attachment lid already and has received an Environmental Resource Permit, which set aside a Deed of Conservation Easement for 1624 acres of jurisdictional wetlands. The remaining acreage (47.64) of the total 63.9 acres to be added will be developed as residential. A review of the NOPC indicates that copies of the Florida Fish and Wildlife Conservation Commission (FWC) approved Big Cypress fox squirrel management plan and overall preserve management plan including a method of clearly identifying the preserve boundary must be incorporated into the development order amendment: Assuming these conditions are included within the development order amendment language the proposed changes will not have significant vegetation and wildlife impacts. OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 4 of 9 February 17, 2011 CCPC Revised 213!11 As noted previously, RPC, while recognizing that the 3.9 -acre park issue is a local issue not a regional issue, recommends that a decision be made regarding the park. The discussion in the RPC assessment states the following: Local 3.9 acre Park Issue --A 3.9 -acre park was part of the original DRI, PUD applications and Master Development Plan Map. Even specific language in the county's PUD exists to the affect of providing a 3.9 -acre park The local park issue should be addressed in this development order amendment to clear up the issue as to whether there will be a 3.9 acre park as required and shown on the original master development plan. We believe the condition is still a requirement of the development even if it was removed from the original master development plan during the 1996 amendment. RPC staff recommends acceptance of the proposed amendment if the following issues are addressed in the County's DRI DO: Copies of the FWC approved Big Cypress fox squirrel management plan and an overall preserve management plan including a method of clearly identifying the preserve boundary must be incorporated into the development order amendment. The local park issue should be addressed in the development order amendment to clear up the issue as to whether there will be a 3.9 acre park as required and shown on the original master development plan. The DRI DO contains language to address both issues. DEPARTMENT OF COMMUNITY AFFAIRS MCA): No comments have been received from this agency regarding the DRI DO amendment application. STAFF REVIEW Zoning Review: Development parameters contained in DRI Development Orders are prerequisite to zoning actions that implement DRI approved land use authorizations. DRI Development Orders are structured to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA) are included in the DRI DO. The proposed amendment does add land area to the DRI, but it not change the overall approved uses nor increase the overall approved density or overall use intensity. County staff concurs with the findings and recommendation of the RPC in that no additional DRI review is required because of this amendment. Park Issue: As previously noted, the RPC has concerns about this issue but notes that it is a local issue, not a. regional issue. There are several things to consider regarding this park. The commitment language is very vague. Originally, the park was shown on the Master Plan, Map H of DRI DO # 86 -1 and Ordinance #86 -75 as two separate areas, one of which did not appear to have access —it was isolated in a project corner surrounded by preserve areas, as shown in the illustration below (highlighting added for clarity): OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 5 of 9 February 17, 2011 CCPC Revised 2/3111 ---------------------------- ---- -- ---- ------ ---- -- - -- - - --- i I�� i 22 i PARK .2 2 At 1 I j 1 i r f 2 1 l � i illLffo A ii1115A f i i 4.3 Ae, 6. SAC, i $7 0.0 I pf 1 r t ARK 1,# Ai. PIRESFRVAFION I= tNl/ GA to. 60 ♦:�q s t iZ OLU - -- -- -------- --- - --- -- -- The applicant provided the following information in the DRI application materials (highlighting added for clarity): ------------------------------------------------------------------------------------------------------------------- - - - - -. Two areas in the northeast corner of the project totaling 3.9 acres, adjacent to the cypress preserve and accessed from the Moderate Income Garden Apartments provide additional active open space for community recreation facilities to supplement individual tract amenities. TABLE 27A.1 THE KCIDLAISM RECREATICKAL FACILITIES AN] C PEN SPA :Golf Course/Country Club 117.41 acres Mter Management takes 80.8 acres Preservation Area 87.5 acres Parks 3.9 acres Recreation Areas to be determined IWAL +377.21 acres ------------------------------------------------------------------------------------------------------------------- - - - - -= The commitment does not state when the park is to be built, who is to maintain the park,. or what amenities it is to contain. Must there be two parks in the increments shown, or is there discretion as to how the 3.9 -acre park commitment is to be fulfilled? Is it to be publicly (county) maintained or was it the intent for the developer or subsequent homeowners' associations to maintain it? OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 6 of 9 February 17, 2011 CCPC Revised 2/3/11 Collier County adopted a Park Impact in Ordinance #88 -96, which became effective on December 22, 1988. This ordinance addresses the needs for regional and community parks. The county has not adopted any regulations that require developers to provide a neighborhood park. Regional and ^ community parks are sited and controlled by the county; the County does not generally get involved in the siting or design of neighborhood parks, nor does the county maintain them. Whether a park is designated a regional or a community park is determined by the draw of the attraction. A park can be smaller, but have an attraction that draws persons from a larger area, thus it can be a regional park. This 3.9 -acre park would most likely not contain any attractor element such that it would make it function as a community or regional park. Additionally, the introductory paragraph from the DRI Application (provided on the previous page) indicates that this 3.9 -acre park was to "supplement individual tract amenities," suggesting that the scope of the park would be limited to a neighborhood park. Based upon that assessment, staff is of the opinion that the 3.9 -acre park would be for a neighborhood park. The introductory paragraph does note that the parks would "provide additional active open space ", but the term "active" is not defined in the context of the park commitment. Currently Olde Cypress has developed as a golf course community with a golf driving range, tennis courts, a swimming pool, and fitness facilities. Therefore, the community appears to offer recreational opportunities as currently developed. However, whether the existing facilities meet the needs of the community is not for staff to ascertain. At the Neighborhood Information Meeting (NIM) held for the companion PUD amendments, there was no clear consensus from the attendees as to whether or not the park use should be eliminated. There was opposition voiced to the park's removal, while other attendees voiced support for the park's removal; other attendees did not offer an opinion. Since only approximately 100 persons attended the NIM, not all property owners attended. Staff has received and continues to receive correspondence, some of which is supportive of the park's removal and some of which is opposed to the park's removal. (Copies of correspondence received as of 2/3/11 have been provided in the CCPC packets.) It appears that the park issue may be something best resolved by the property owners within Olde Cypress. If the commitment for the 3.9 -acre park is removed from the DRI, the development (Homeowner/Property Owners' Associations or the Developer) could still provide neighborhood park(s), as that term is defined in the LDC since a park is also an allowable principal use within the Olde Cypress PUD document, Ordinance No. 00 -37 Section 7.04.A.4. In the alternative, should the CCPC and the BCC determine that the park commitment should remain, staff recommends that clarification be provided to indicate that the park is indeed a neighborhood park, where the park is to be located; when it is to completed; what facilities it is to provide; who it is to serve —the public or only residents of this project (and all residents or just those within the gated community if that is where the park is located); who is to construct it; and who is to maintain. it. Although not normally necessary for a neighborhood park, these clarifications are necessary if the commitment stays in the PUD, so staff has something measurable to ensure PUD commitments have been met. Transportation Review: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can n be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Mitigation is not required. OLDE CYPRESS DRI: DOA- PL2010 -1052 Page 7 of 9 February 17, 2011 CCPC Revised 2/3/11 It should be noted that the number of units allowed by the approved DRI are not changing; only the unit type is changing as the adjacent PUD (HD Development) is incorporated into this DRI. However, an increase in trip generation is noted, and is a result of differing ITE calculations for Multi- family versus Single- family units. The most recent iteration of the trip generation comparison reveals that 33 net new (total two -way) trips are generated. Immokalee Road Impacts: The first concurrency link that is impacted by this project is Link 43. 1, Immokalee Road between I -75 and Logan Boulevard. Staff has calculated that the project generates 11 net new p.m. peak hour, peak direction trips, which represents a 0.29% impact. This segment of Immokalee Road currently has a remaining capacity of 1,325 trips, and is currently at LOS "C" as reflected by the 2010 AUIR. The adjacent concurrency link that is impacted by this project is Link 43.2, Immokalee Road between Logan Boulevard and Collier Boulevard. Staff has calculated that the project generates 6 net new p.m. peak hour, peak direction trips, which represents a 0.17% impact. This segment of Immokalee Road currently has a remaining capacity of 1,718 trips, and is currently at LOS "B" as reflected by the 2010 AUIR. No subsequent links beyond this segment of Immokalee Road are significantly impacted by this project. Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. This petition was not required to have a hearing before the Environmental Advisory Commission (EAC) as the preserves for the DRI were previously approved with the original approval of the both PUDs; there are no impacts proposed to the previously approved preserves. The DRI as a whole meets the minimum of twenty -five percent preservation acreage. The DRI acreage is 602 acres; 194.5 acres (32 %) has been preserved. The n petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP and staff recommends that this amendment petition be found consistent with the pertinent objectives, goals and policies of the CCME. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition revised on January 31, 2011. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition DOA - PL2010 -1052 to the Board of County Commissioners (BCC) with a recommendation of approval as described by the amending DRI Development Order resolution. However, should the CCPC decide to recommend that the 3.9 -acre park commitment be retained, the following issues need to be addressed: 1. When the park is to be built— commenced and completed; and 2. What facilities will be provided; 3. Who is to maintain the park; and 4. Where will the park be provided on site; and 5. Must there be two parks in the increments shown, or is there discretion as to how the 3.9- acre park commitment is to be fulfilled; and n 6. If the increment issue is discretionary, who is to decide and when is the decision made. OLDE CYPRESS DRI: DOA- PL2010 -10.52 Page 8 of 9 February 17, 2011 CCPC Revised 2/3/11 PREPARED BY: L�-q /t I — <�� kw440--.1 / KA D ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAY40ND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES LIAM D. LO QJ, P. ., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALANG , M STRATOR DATE GROWTH MANAGEMENT DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the March 22, 2011 Board of County Commissioners Meeting OLDE CYPRESS DRI: DOA- PL2010 -1052 February 17, 2011 CCPC Rev: 1129/11 Page 9 of 9 Co Lerr Co-�tvity DRI REVIEW MEMORANDUM To: Kay Deselem, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Date: July 20, 2010 Subject: Olde Cypress Development of Regionallmpact (DRI) Review PETITION NUMBER: DRI- PL2010 -1052 PETITION NAME: The Olde Cypress Residential Planned Unit Development (RPUD), as a Development of Regional Impact (DRI) REQUEST: The Olde Cypress RPUD Development of Regional Impact (DRI) proposes to add approximately 65.3 acres of land to the existing 538.1 -acre project, in accordance with the provisions of Florida State Statutes and the Collier County Growth Management Plan (GMP). No changes are eo"*N proposed that would affect the total number of approved residential units, phasing, commencement or build - out dates. The new acreage will be part of the companion Vita Tuscana PUD, while the existing acreage remains in the Olde Cypress PUD. LOCATION: The proposed, larger Development of Regional Impact (DRI) contains approximately 603.4 acres and is located on the north side of Immokalee Road (CR 846), east of its intersection with Olde Cypress Boulevard. The property lies within the Urban Estates Planning Community in Sections 21 and 22, Township 48 South, Range 26 East, in Collier County. COMPREHENSIVE PLANNING COMMENTS: The 65.3 -acre subject property to be added to the Olde Cypress DRI has the future land use designations of Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE). Approximately 46.6 acres of the subject site is derived from the former HD Development PUD (now Vita Tuscana) with approval for 104 residential units. This portion is presently an undeveloped Residential Planned Unit Development (RPUD). Another 18.7 acres presently outside either existing PUD would be incorporated in to the Olde Cypress DRI. This portion is presently undeveloped Rural /Agriculture District land. —1- Olde Cypress DRI Total Land Area of 603.4 acres Developed Land Area of 227.4 acres: ■ "R ", Residential Use Tracts of 184.2 acres — single- family residences and multi - family residences, up to 1,100 du; apportioned to 491 SF (45 %) and 609 MF (55 %); an overall density of 2.4 dwelling units per acre. 0 • "C ", Commercial Uses Tract of 12.5 acres — 165,000 sq. ft. commercial space; • "ROW ", Public Right -of -Way Tracts of 30.7 acres — [Extending 01de Cypress Boulevard, northward from Immokalee Road] Undeveloped Land Area of 376 acres: • "P ", Preserve Uses Tracts totaling 194.5 acres. • "GC ", Golf Course, lakes, driving range and clubhouse tracts totaling 181.5 acres. The table below illustrates the acreage figures, dwelling unit counts and residential densities involved in each part of the project: Ttl ACs Tli DUs Ttl Coml ACs non -Coml AC Gross Res'I Density Existing DRI 538.1 1,100 12.5 525.6 2.09 DU/AC Proposed DRI 603.4 1,100 12.5 590.9 1.86 DU /AC Olde Cypress PUD 538.1 942 12.5 525.6 1.79 DUTAC Vita Tuscan PUD 65.3 158 0.0 65.3 2.41 DU/AC Even with the acreage increase, no additional residential units are proposed for the larger DRI. Based upon the above analysis, Comprehensive Planning staff has determined the Olde Cypress DRI amendment can be found consistent with the Future Land Use Element of the Growth Management Plan, subject to the Olde Cypress PUD reducing its total approved dwelling units from 1,100 to 942, as shown in the table above. ON CITY VIEW cc: William Lorenz, PE Director, Land Development Services Department Ray Bellows, Planning Manager, Zoning Services Section Mike Bosi, AICP, Comprehensive Planning Manager, Comprehensive Planning Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Tony Russo, Jr., Senior Administrative Assistant, Public Utilities Planning & Project Management Dept. Chris D' Arco, Environmental Specialist, Stormwater & Environmental Planning Section Mike Greene, Manager, Transportation Planning Section FLUE File I:ICitpvfew Documents2lComp►hensive Planning Dept Lette►s101de Cypress DRI- PUDIDOA- PL2010 -1052 Olde Cypress MIA= —2- 01de Cypress DRI THE OLDE CYPRESS (formally Woodlands) DRI DRI #03- 8485 -53 NOTICE OF PROPOSED CHANGE Background The DRI is located east of Interstate 75, and north of Immokalee Road (CR 846), in northern Collier County. Attachment I shows the project location. The Collier County Board of County Commissioners on November 6, 1986 approved the Woodlands Development of Regional Impact (DRI). The development order was appealed by both the Southwest Florida Regional Planning Council ( SWFRPC) and the Florida Department of Community Affairs (DCA). During 1987, the Board of County Commissioners approved two amendments to the D.O., in order to address the two agencies' appeal issues. The project is currently approved for 1,100 residential units and 165,000 square feet of retail and office space, all on approximately 500 acres. The development is approved for five phases, ending in 2015. According to the 2010 Annual Monitoring Report to date, 360 single - family & 396 multi - family units have been constructed, the golf course is complete and the 165,000 SF of commercial is built out. Previous Changes There have been six previous changes to The Olde Cypress /Woodlands DRI. On April 28, 1987, the Collier County Board of County Commissioners approved Resolution No. 87 -96, which amended the development order's transportation conditions, based on the appeal of the development order by the SWFRPC (see above). On September 15, 1987 Resolution (87 -207) was adopted, amending section a(4), finding of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DRI development order to the Florida Land and Water Ad judicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its final order of dismissal of the appeal. On November 1, 1994, the Collier County Board of County Commissioners approved Resolution No. 94 -774, which extended the project's commencement and buildout/D.O. termination dates by four years and eleven months, to the currently approved commencement date of October 7, 2000, and the buildout /termination date of October 7, 2015. On October 22, 1996, the Collier County Board of County Commissioners approved Resolution 96 -482, which reduced the approved number of residential units from 1,460 to 1,100, and reduced commercial use from 200,000 square feet to 165,000 square feet and miscellaneous /'1, '~ On October 22, 1996, the Collier County Board of County Commissioners approved Resolution 96 -482, which reduced the approved number of residential units from 1,460 to 1,100, and reduced commercial use from 200,000 square feet to 165,000 square feet and miscellaneous changes to the plan resulting from permitting requirements of the South Florida Water Management. Also, the amendment removed a reserved road right -of -way from the east boundary of the DRI. The applicant was allowed to adjust the project's approved uses to incorporate the former right -of -way acreage. Miscellaneous changes were also made to drainage /water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. On May 18, 1999, the Collier County Board of County Commissioners approved changes to the Planned Unit Development Document for The Woodlands, to incorporate revisions to the project's development standards, and to allow mini - storage as a use within the commercial area. The development order was not amended. In December 1999, Resolution (99 -472) 28.69 acres was added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1 acre archaeological preserve area. Standards were also incorporated in the development order to provide protection for archaeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. On May 23, 2000, Resolution (2000 -155) was adopted to add 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modification of the golf course /open space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modified from 152.5 acres to 155.2 acres. No changes to the number of dwelling units, commercial floor area, phasing schedule, commencement date, or build -out date was requested. Attachment II shows the existing Master Development Plan for the Olde Cypress DRI. Proposed Changes On June 28, 2010 a Notice of Proposed Change (NOPC) was submitted to aggregate into the Olde Cypress DRI up to 125 single - family residential units and 33 multi - family units, and associated accessory uses, within the Vita Tuscana RPUD boundary. The developer proposes to add 63.88 acres to the existing DRI with no change in the total 1,100 number of approved units. The aggregation will not add density or units to the DRI. The water and sewer for this project will be provided by Collier County Public Utilities through existing infrastructure serving Olde Cypress and /or Immokalee Road. No changes are proposed to the phasing, commencement, or build -out dates. The additional acreage is planned for residential development. Attachment III shows the Proposed Master Development Plan Map with the additional land area and development plan. Regional Staff Anal The proposed changes are presumed to be a substantial deviation under Sub - chapter 380.06(19), Florida Statutes. This presumption relates to the addition of land area to the DRI. The addition of land area to an approved DRI is covered under Subparagraph 380.06(19)(e)3., Florida Statutes, which reads as follows: "Except for the change authorized by sub - paragraph 21, any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." The NOPC application attempted to rebut the presumption of a substantial deviation by providing a trip generation analysis, aerial vegetation map, some conservation easement information and requested Big Cypress Fox Squirrel information. Character Magnitude, Location The Character of the DRI, as a residential development with some commercial uses, will not change. The magnitude and location of the DRI will change somewhat due to the additional acreage. Regional Goals Resources Or Facilities In reviewing the potential impacts of the proposed changes, Regional staff looked at two possible regional impacts from the changes. These were Transportation, and Vegetation & Wildlife. Also, n a local issue dealing with a 3.9 acres park should be addressed by the county. Transportation Impacts A new trip generation calculation was provided, which indicated that a 10.4 percent increase in traffic may occur. This increase is proposed because the amount of single family units increased by 125 units compared to increasing the multi family by 33 units. There is no increase in the total approved 1,100 units. The 10.4 percent increase is less than the automatic substantial deviation trigger in Chapter 380.06(19)(b)15 stating: "A 15 percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development of regional impact review." Having rebutted trip increases proposed by the changes, no additional transportation impacts were identified for the proposed changes. Vegetation & Wildlife The additional land area to be added was partly cleared. (see Attachment IV) already and has received an Environmental Resource Permit, which set aside a Deed of Conservation Easement for 16.24 acres of jurisdictional wetlands. The remaining acreage (47.64) of the total 63.9 acres to be added will be developed as residential. A review of the NOPC indicates that copies of the Florida Fish and Wildlife Conservation Commission (FWC) approved Big Cypress fox squirrel management plan and overall preserve management plan including a method of clearly identifying the preserve boundary must be incorporated into the development order amendment. Assuming these conditions are included within the development order amendment language the proposed changes will not have significant vegetation and wildlife impacts. Local 3.9 acre Park Issue A 3.9 acre park was part of the original DRI, PUD applications and Master Development Plan Map. Even specific language in the county's PUD exists to the affect of providing a 3.9 acre park. The local park issue should be addressed in this development order amendment to clear up the issue as to whether there will be a 3.9 acre park as required and shown on the original master development plan. We believe the condition is still a requirement of the development even if it was removed from the original master development plan during the 1996 amendment. Multii urisdictional Issues No multijurisdictional issues will result from the proposed changes. Need For Reassessment of The DRI There does not appear to be a need to reassess the DRI as a result of the proposed changes. Acceptance of Proposed D.O. Language Regional staff recommends acceptance of the proposed development order amendment language with the exception of the following conditions. Copies of the FWC approved Big Cypress fox squirrel management plan and an overall preserve management plan including a method of clearly identifying the preserve boundary must be incorporated into the development order amendment. The local park issue should be addressed in the development order amendment to clear up the issue as to whether there will be a 3.9 acre park as required and shown on the original master development plan. RECOMMENDED ACTIONS: 1. If the two conditions are incorporated in the proposed development order language above staff will notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not appear to create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. n n c o SMXP6`. JW ATTACHMENT 1 GENERAL LOCATION MAP OLDS CYPRESS ATTACHMENT 11 EXISTING DEVELOPMENT PLAN OLDS CYPRESS; N MOTO HERBACEOUS BERA/D CREAWN AREA DENOTES N£TEANO /UPLAND REETORAMN Aftk �OX a AMPA MM& EXACT LOCATIONS AAD SRE TO AS 0E79 lWrAV M FEND =XVW CC TOW7M TDTAL AREA TO SE c GS A A DE770TES APROXfgTE LOCA77ON OF ELEVATED GOLF'CARY AMPOES. EXACT LOCATION TO BE OE EWWO AV a80 D~ CONSTRUCTIOK * AZLEC77VN CLEAJUM AV TNEAV AREAS PEAAfTM FOR QOLF COURSE PLAY 4 FUnW ACCESS LAND USE SUMMARY DESCRIPTION / PARCEL ACRES+ / -. RESIDENTIAL ® 15ra2 COMMERCIAL 12.5. ROAD R.O.W. 23.8 WETLAND PRESERVE 178.2 LAKE/PRESERVE it GOLF COURSE, 'OPEN SPACE, 188.9 LAKES AND CLUBHOUSE SITE TOTAL PROJECT MMONAL EE ROAD /C. R. 84 g � W W _ Z N I W e PRESERVE - HERBACEOUS WETLAND CREATION AREA CtG PRESERVE •WETLAND I UPLAND RESTORATION AREA PRESERVE - FOX SQUIRREL PRESERVES, l�J EXACT LOCATIONS AND SIZE TO BE w DETERMINED IN FIELD DURING /1 CONSTRUCTION. TOTAL AREA TO BE B5 AC •/- /�-�{ q 1 Al ACRES TRACT EXCLUDED FROM ORI T ^ V1 �j DENOTES GOLF TE LOCATION A ELEVATED GOLF CART BRIDGES. EXACT LOCATION TE DETERMINED IN FIELD , DURING CONSTRUCTION. * SELECTIVE CLEARING IN THESE W ¢ F p AREAS PERMITTED FOR GOLF COURSE PLAY 4 FUTURE ACCESS U z O W a LAND USE SUMMARYA V OEBCRIPNONIPARCEL ACREAGE ^ ® c —ERTHL 'pies H COMMERCIAL i5t ROAD R.O.W. ee.1t PRESERVE 1515: O COIF COURSE, OPEN SPACE LAKES AND CLUBHOUSE SITE IeI.S_ TOTAL PpOUECT B Lft U U s �V 1 1 7 1 11 .1 T 1 I J I 1 MMONAL EE ROAD /C. R. 84 g � W W _ Z N I W e PRESERVE - HERBACEOUS WETLAND CREATION AREA CtG PRESERVE •WETLAND I UPLAND RESTORATION AREA PRESERVE - FOX SQUIRREL PRESERVES, l�J EXACT LOCATIONS AND SIZE TO BE w DETERMINED IN FIELD DURING /1 CONSTRUCTION. TOTAL AREA TO BE B5 AC •/- /�-�{ q 1 Al ACRES TRACT EXCLUDED FROM ORI T ^ V1 �j DENOTES GOLF TE LOCATION A ELEVATED GOLF CART BRIDGES. EXACT LOCATION TE DETERMINED IN FIELD , DURING CONSTRUCTION. * SELECTIVE CLEARING IN THESE W ¢ F p AREAS PERMITTED FOR GOLF COURSE PLAY 4 FUTURE ACCESS U z O W a LAND USE SUMMARYA V OEBCRIPNONIPARCEL ACREAGE ^ ® c —ERTHL 'pies H COMMERCIAL i5t ROAD R.O.W. ee.1t PRESERVE 1515: O COIF COURSE, OPEN SPACE LAKES AND CLUBHOUSE SITE IeI.S_ TOTAL PpOUECT B Lft U U s CTlON: r� A: �WNSHIp ra �� 525 15 aNC -F, \i;:. '.n+� "'.:^^ n• ,.:. >.,� •, _ _ .::.. -._,.. ::: .,'. _, .cart?'.,. ,+,t�'`f xw 6 °$2 qy_y ....x... ..,'x IT- 655E3 -D (11.7ac)r.r c w. = " * s is s a I rw.r. 08 ac,r �.� , ss ��• FLUCCS, Descrrpuon t @aS✓ 411E, ._ ,,r „r. ek . . •a sG� }Jr rN'y1.t .g.. a , {, „?.0...... Residential ^�. u s a .. Commerual and Selemes 0 1 ac:? a ! , r�, s:> b R . �, ro GoltCot r-es 1 �,*.yCanal� x iAi ., .•� }.nr `a. +��lfit}gt ��x -i '¢ti a'q�{,: '.. r;';y ,._r�4 {f l� ` :t �.. I _ +\s:stormtt�ferrl� pint -:.Pbad• d i ; -- "A' T .r” x .e , ;Sii , i i,h }C �,,'1dS,'r4"2,,, .kC' tFry, Nit'• 6 M�i,,.. y� QfiF'S$ Q'� ,p Wr,.''l.F •.'.5.3�,• t"ti::C c; -� - 1 _ i '�''":��1' ;uihni,u '�' ":9� µ ` 621 h eke' 1D.5 ac; Roads' g77h�dv5'" S tC t& k,: Wy? i }�Mns �i YS fs ;?•n t, ='624 t i5o ocI .�• I 41 ,�I�:�iTK) 'A , %� i ('� ) :ii �. 3'k yr k:, 'a.. w, "L - ., ,, (S.9ac) '"� • -" red �'� ri �� <. "" r✓O.Zacj ' stib (09acI 624E3 ^. ( "A. C) L.1 si1� ♦ .. c.r. j� r"",elrt.`w'".!! ti �u x 9 uu v xnnaw : a lmpNanrii," .�_ez•.— .-s:- x-:,.ccrrx s•°u +'uiw.w¢s -.-` CocohatcheeCanal Culverts 743 (0.2 ac.) 511 , .,.,,,, r :gn•n +^w.a:: <nw ..rr 7t"` >. 9t ^e�+°*^s.: ?'- �.w,P sx vyKn<.N4:i:,x "4, a'S'N.'.`v :Alllo` au?i:: wr•, u+. ... 'CtlCO.3 fAa1er Cont'101SYRVC1nre •. k.-,.`+•"�"'•.; -Y'3F° " :,..: i " "� " ,:::r ac ��'. . •mrF.,p °'""`"e ,a,, _ Gr�� J 4 r :- _ - -•. -_. 5 62 pineinvadedbYExohcs (5775 °°' JD t •a, sand Rhodes l and S,u{veyirtg,. Inc + , ` N • •, ° 625E2O liy, i s pJatwoode invaded•hy Exotics ,f 26.50 °,1 - Grained gbasedonpAd (e/nierpretatio »:gt2008 F 4 neh78vaAtlsinvadodtiyxotics ( ?7- .TS, °o' `- .Drained tt ? %,ac i a'a2UU: liar raphyand ytg 625E3D,�' gyp. crg , groped t»rth' l» A9aach 2010 � l � ° i�%d Iron. of$ FWIIID %urisdicholfali4etlan{1s' field "revreraed. %appavedhySFbin,D. n -..zJ4 po 54 ?a ti� r F-°` .' :�••;•i6' C1e.'A {etas_. - iFB.✓1ao. �r.' .•$, PE fIT USE. ONLY, NO . f�UCTIOI , , w o oral «6? aF - or..m9: x:\stocks \es \sr�c�y,os•, L DEVELOPMENT ORDER NO. 1I- RESOLUTION NO. I I - A RESOLUTION AMENDING RESOLUTION NUMBER 86 -01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO INCREASE THE NUMBER OF SINGLE FAMILY AND MULTI - FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 86 -01 (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as Olde Cypress formerly the Woodlands Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86 -01, the Board of County Commissioners of Collier County, Florida approved several amendments to said Development Order; and WHEREAS, "Olde Cypress ", represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A, has filed its application and Notice of Proposed Change (NOPC) to Development Order No. 86 -01, as amended, which is attached hereto and incorporated herein as Exhibit `B'; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Olde Cypress/DOA- PL2010 -1052 Rev. 1/31/11 1 of 6 Words stmelc through are deleted; words underlined are added. in Florida Statutes, is authorized and empowered to consider proposed changes to the Olde Cypress DRI Development Order No. 86 -01, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. on , which had the effect of amending the PUD zoning district for the Olde Cypress development previously approved in Ordinance No. 2000 -37; and WHEREAS, on _ , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered "Olde Cypress" application and Notice of Proposed Change to the Olde Cypress DRI Development Order No. 86 -01, as amended, and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the Board of County Commissioners hereby approves the following Olde Cypress DRI Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86 -01, as amended, for the Olde Cypress DRI is hereby amended to read as follows: The applicant proposes the development of Olde Cypress pursuant to the ADA, and the terms and conditions of this Development Order, as the same may be amended. The development consists of 538.1 602 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately 155.2 184.2 acres, approximately 176.2 acres of preservation area, and approximately 168.3 181.5 acres of lakes, open Olde Cypress /DOA- PL2010 -1052 Rev. 1 /31 /11 2 of Words stm& thfough are deleted; words underlined are added. space, an 18 -hole golf course and 2.1 acres of lake /preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. Paragraph 6 of the Findings of Fact Section of Development Order 96 -2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE: h. Prior to the issuance of any local development order to allow vertical construction for lands within the 63.9 acres being added in this amendment, the developer, or his assigns, will submit and receive approval of a Big Cypress Fox Squirrel Management Plan that includes an overall preserve management plan. Said plans must clearly identify a method to identify the preserve boundary. This submittal shall be made concurrently to RPC, DCA, FWC and Collier County. Paragraph 9 of the Findings of Fact Section of Development Order 96 -2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous Commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments, are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provided the timing basis for this review. If this phasing schedule is significantly altered by the applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted excepting any park requirements, as conditions for approval. Olde Cypress /DOA- PI.2010 -1052 Rev. 1/31/11 3 of Words stmsk-t#reag# are deleted; words underlined are added. I SECTION TWO: FINDINGS OF FACT A. The real property, which is the subject of the proposal, is legally described as set forth in Exhibit `B ", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Proposed Change to a previously approved DRI known as Exhibit "C ", and by reference made a part hereof. D. The applicant proposes the development of Olde Cypress on 602 acres of land for residential/golf course and commercial development described in Development Order 86 -01, as amended. E. A comprehensive review of the impact generated by the.proposed changes to the previously approved development has been conducted by the County's departments and the S WFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant Section 380.05, Florida Statutes, as amended. G. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Proposed Change to a previously approved DRI. Exhibit "C" attached hereto and by reference made a part hereof. Olde Cypress/DOA- PL2010 -1052 Rev. 1/31/11 4 of 6 Words swusk through are deleted; words underlined are added. B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of buildout pursuant to Section 380.06(15)(g), Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. , as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council, 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Olde Cypress /DOA- PL2010 -1052 Rev. 1/31/11 5 of Words stfurA thFeu are deleted; words underlined are added. This Resolution adopted this second, and majority vote. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: day of 2011, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Steven. T. Williams sral,k Assistant County Attorney 03 Attachments: Exhibit A - Map H Exhibit B — Legal Description Exhibit C — Notice of Proposed Change CP /10- CPS - 01045\37 Olde Cypress/DOA- PL2010 -1052 Rev. 1/3 1 / 11 6 of 6 Words s"eh dwau are deleted; words underlined are added. I ^I _ 661 ® Z �. . 1 .. .. " " " .. i 1 \ +� '. "•'• "• "• "•'• PRESERVE. HERBACEOUS NEIIANO CREATION AR61 .. . .I - PRESERVE •1YETLrWDi UPLAND RESTORATION AREA ®....A p �I PRFSERVE•FOX SQUIRREi PRESERVES. ` EXACT LOCATIONS AND SIZE TO BE • "•` OETERMEJEO {N FIELD OLWNC 4 / :.� CONSTRUCTION. TOTAL AREA TO BE 65 AC n p61 ACRESTRACf EXCLUDED FROM OPo r/1 OUT PARCEL 1111 DENOTES AFROXIM ATE LOCATION OF ELEVATED GOLF CARY BRIDGES EXACT ® DURT DURING OONSTR.ICTION. NJFD IN FIELD SELECTIVE CLEARING IN THESE COU PE FOR GOLF �. COVRSE PLAY I --ACC— V z Q a LJ V w LAND USE SURNRYAA J x EII REBEIEMIM IPARCEI A 10.8. E LORMERCILL 13.Ef l Z.i rM" _ _ _ .'.�I PRESERVE 1W.L GRF COURSE. OPEN SPACE ISI,St a cwsaue y\ \) CO_ 91F w _ _ _ - / TOTAL PROIFGT HOUSE SR'E 0=.. OUT O O S D O PARCEL IMMON A L IF E' R0 AC (C R. 8f 6) eeT HODU�e� :-:17 i W Rhodes & Rhodes Land Surveying, Inc. 98100 Bonita Grande Driver Bute 107, Bonita Springs, Florida 34135 Phone (939) 405 -8166 Fax (239) 405 -8163 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00 059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00 °59'51 "W. ALONG THE WEST LINE OF SECTION 21 A DISTANCE OF 2560.17 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.0 1'00'08"W., ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2659.99 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE RUN N.89 °04'49 "E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE - QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89 °04'26 "E., ALONG THE NORTH LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE RUN S.00 055'09 "E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2663.26 FEET TO THE EAST ONE- QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.00 °55'37 "E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBERTON, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89 °06'04 "E., ALONG THE NORTH LINE OF SAID CONDOMINIUM FOR A DISTANCE OF 656.66 FEET; THENCE RUN S.0I "01'19 "E. FOR A DISTANCE OF 1898.09 FEET TO THE NORTH RIGHT -OF -WAY LINE OF THE COCOHATCHEE CANAL (100 FEET WIDE)AS RECORDED IN DEED BOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89 109'07 "W., ALONG SAID NORTH RIGHT -OF -WAY LINE, FOR A DISTANCE OF 659.81 FEET TO THE EAST LINE OF SAID SECTION 21; THENCE RUN S.89 °09'28 "W., ALONG SAID NORTH RIGHT -OF -WAY, FOR A DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF FAIRWAY PRESERVE AT OLDE CYPRESS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.00 °56'04 "W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE RUN S.89 °08'07 "W., ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 660.47 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.00 °56'31 "E., ALONG THE WEST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.23 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO THE NORTH RIGHT -OF -WAY LINE OF THE AFORESAID COCOHATCHEE CANAL; THENCE RUN S.89 °09'28 "W., ALONG SAID NORTH RIGHT -OF -WAY LINE, FOR A DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET 1 OF 2 Exhibit 8 ll*� Rhodes & Rhodes Land Surveying, Inc. 28100 Bonita Grande Drive, suite 107, Bonita springs, Florida 34135 Phone (239) 405-8166 Fax (239) 405 -8163 OFFICIAL RECORDS BOOK 3579 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.00 057'12 "W., ALONG SAID EAST LINE, FOR A DISTANCE OF 224.51 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65 °23'20 "W., FOR A DISTANCE OF 43.57 FEET; (2) THENCE S.78 °26'13 "W., FORA DISTANCE OF 61.22 FEET; (3) THENCE S.80 004'25 "W., FOR A DISTANCE OF 45.57 FEET; (4) THENCE S.84 °27'31 "W., FOR A DISTANCE OF 31.15 FEET; (5) THENCE S.80 009'47 "W., FOR A DISTANCE OF 30.89 FEET; (6) THENCE S.58 048'23 "W., FOR A DISTANCE OF 24.42 FEET; (7) THENCE S.54 °27'05 "W., FOR A DISTANCE OF 36.02 FEET; (8) THENCE S.40 °25'12 "W., FOR A DISTANCE OF 33.11 FEET; (9) THENCE S.47 057'45 "W., FOR A DISTANCE OF 62.74 FEET; (10) THENCE S.50 °21'05 "W., FOR A DISTANCE OF 49.97 FEET; (11) THENCE S.68 °22'05 "W., FOR A DISTANCE OF 37.47 FEET; (12) THENCE S.42 018'38 "W., FOR A DISTANCE OF 39.61 FEET; (13) THENCE S.56 °49'27 "W., FOR A DISTANCE OF 15.80 FEET TO THE AFORESAID NORTHERLY RIGHT -OF -WAY LINE OF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89 °08'23 "W., ALONG SAID NORTH RIGHT - OF -WAY LINE, FOR A DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: DAVINCI ESTATES AT OLDE CYPRESS, A SUBDIVISION RECORDED IN PLAT BOOK 35 AT PAGES 33 THROUGH 37, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00 °59'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00 °59'51 "W. ALONG THE WEST LINE OF SECTION 21, FOR A DISTANCE OF 2560.17 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89 °06'45 "E., ALONG THE SOUTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.01 000'01 "W., ALONG THE WEST LINE OF SAID DAVINCI SUBDIVISION, FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.89 005'40 "E., ALONG THE NORTH LINE OF SAID DAVINCI SUBDIVISION, FOR A DISTANCE OF 1321.51 FEET; THENCE RUN S.00 058'40 "E,, ALONG THE EAST LINE OF SAID DAVINICI SUBDIVISION, FOR A DISTANCE OF 1330.47 FEET; THENCE RUN S.89 °06'45 "W., ALONG THE SOUTH LINE OF SAID DAVINCI SUBDIVISION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEGINNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. SHEET 2 OF 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shurnard Oak Blvd. Tallahassee, Florida 32399 850/488 -4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380..06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be inade to the local government, the regional planning agency, and the state land planting agency according to this form. 1. 1, Brian Stock, the undersigned owner /authorized. representative of Olde Cypress Development, LTD & Vita Pima, LLC, hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Olde Cypress DRI (f /k/a The Woodlands DRI) development, which. (original & current project names) information is true and correct to tine best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, (local government) to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. 6/7 Date DOA- PL2010 -1052 REV:1 OLDE CYPRE55 DRI 10-1-1 DATE: 6/11110 Due: 7/2/10 Exhibit C 2. Applicant (name, address, phone). Olde Cypress Development, LTD 2647 Professional Circle, Suite 1201 Naples, FI 34119 Contact. Keith Gelder (239) 592 -7344 3. Authorized Agent (name, address, phone). Waldrop Engineering, P.A. 28100 Bonita Grande Drive Bonita Springs, F134135 Contact: Chris Mitchell (239) 405 -7777 Olde Cypress DRI DOA- PL2010 -1052 submittted: 1 -12 -11 (this page only) 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Olde Cypress Dri (F/KIA The Woodlands Dri) Naples, F134103 Section 21 & 22 / Township 48s /Range 26e 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order 1—N conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. No changes are proposed to the phasing, commencemen4 or build -out dates. The developer proposes to add 63.88 acres to the existing DRI with no change in total number of approved units. The additional acreage is planned for residential development 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Please See Attached 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There have been five (5) development order amendments adopted by Collier County since the original "The Woodlands DRU' development order (Ord. 86 -1) was issued on November 6, 1986. The following is a description of the five (5) do amendments: (])Resolution (87 -96) adopted Apri128,1987, amended section b(5)(a)(7) and (8), transportation, to clarify responsibilities of Collier County and the developer; amended section 6(5)(6)(4), transportation conditions, clarifying and redefining criteria by which a substantial deviation shalt be determined; (2) Resolution (87 -207) adopted September 15, 1987, amending section a(4), finding of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DRI develompent order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council The Woodland's DRI development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Comission issued its final order of dismissal of the appeal. (3) Resolution (94 -774) adopted November 1, 1994, extended the woodland's DRI commencement date and the buildoutltermination date by four (4) years, eleven months (11) or until October 7, 2000 and October 7, 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. (4) On October 22, 1996, the BCC amended the development order with resolution (96 -482) to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management. Also, the right - of -way reservation on the east side of the Woodlands was eliminated. Miscellaneous changes were also made to drainagelwater quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. (5) In December 1999, Resolution (99 -472) 28.69 acres were added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1 acre archaelogical preserve area. Standards were also incorporated in the development order to provide protection for archaelogical resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000 -155) adopted May 23, 2000 added 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modiftcation of the golf course%pen space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modified from 152.5 acres to 155.2 acres. No changes to the number of dwelling units, commercial floor area, phasing schedule, commencement date, or build -out date was requested. W 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within ' /z mile on a project master site plan or other map. Vita Pima, LL recently purchased 65.29 acres directly adjacent (.south) of the Olde Cypress DRI. The easterly 46.64 acre parcel is an existing RPUD (HD Development Ordinance #05 -65). The westerly 18.65 acres is currently zoned agricultural Vita Pima, LLC has filed a concurrent PUD Amendment application with Collier County to rezone the entire 65.29 acres to RPUD. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The proposed change is less than 40% of any of the criteria listed in 380(19)(b), F.S. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buildout dates or phasing are proposed 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require any comprehensive plan changes. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J- 2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Attached 13. Pursuant to Subsection 380.06(19)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build - out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See attached Proposed Master Plan, Map H and Proposed changes to the Collier County Development Order. n b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; See attached legal description of the property to be attached to the Development Order. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J -2.025 (7), F.A.C. No change. a wz c� o F p[ d U W O F O A az a 0 O U F w Q A O N FF7 "1 F p� y� C CN O N Q Q N COD uO cd O N N M Oc L 0 i O d� N r: 000 0 0 o. a do" y u '.�Df�y ¢. a° q . A y 0 •O ca 0 y 'Li H Q W 0W f'd v �^�yi' u / V er,^ O 0 V o .� O 02 L Ci7 ci u a, O Q U u H cn It -,,1 in 4 Q < J5 H A N q w o 0 `n . O ... a ?01 aide Cypress DRI / PUD Unit Summary Last Updated: 3/15/2010 Subdivisio n Tot J,Qts. Built to Datc YA Strada Bella SF 18 17 94% Santorini SF 55. 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF 55 55 100% Santa Rosa SF 27 27 100% Biscayne Place SF 8.. 8 100% Woodse e SF .130 125 96% Total SF Units 366 360 98% Subdivision Tvtie Vtal UniM Built to Date 1e Fairway Preserve MF 264 264 100% Amberton MF 312 132 42% Total MF Units 576 396 69% Olde Cypress DRI DOA- PL2010 -1052 email submittal 12/6110 Olds QEVress DRI Total Units Built tq Date Total Proposed Units 1100. 756 69% Olds Gress PY7D Existing MF Units 576. SF Units 366 Unallocated ..158- Total Units 1100 HD Development RPUD Exisdno Pmposed SF Units 71 125 Total Units 71 125 Total DRI Units Exis i Prof sed Olde Cypress. PUD 1100 942 Vita Tuscana PUD 0 125 Total Units 1100 1067 Olde Cypress DRI DOA- PL2010 -1052 email submittal 12/6/10 Olde Cypress DKI Trans!iortatzon Summary E) ssting Urdt Mix Unija Ho 491 1.0 491 PM Peak Total _TAM Units Hour -T-n�2s Tlip SF 296 1A 296 NF 804 0.5 402 Total 1100 698 PM Peak Total Unija Ho 491 1.0 491 % Change in Total Trips 10.40% Olde Cypress DRI DOA- PL2010 -1052 email submittal 12/6110 20A • Friday, January 28, 2011 • Naples Daily News PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M.. Thursday. February 17, 2011, in the Board of County Com- missioners meeting room, third floor, Administration Building, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida, to consider: PUDZ- PL2010 -1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a Rezone from the Residential Planned Unit Development (RPUD) zon- ing district with a Special Treatment (ST) Overlay for a project that is known as the HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow for development of a maximum of 125 single - family residential units and 33 multi -fam- ily units, and associated accessory uses. The 65.29± acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (Com- panion to DOA- PL2010 -1052) [Kay Deselem, AICP, Co- ordinator] All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday. February 17. 2011, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation to the Board of County Commissioners, if applicable. DA MNCI El' (DR, IN u OLDE CYPRESS MIRASOL 22 HERITAGE BAV DR, 21 PROJECT zs OLDS CYPRESS (DR0 LO C AT I O N ADDIE'S CORNER TREE FARM NAPLES4M KALE ROAD (C.R. BEB) o $ SUMMIT 9s RICHLAND LAKES TUSCANY _ 3 v COVE 27 26 RICAS HERITAGE W CRYSTAL HABITAT GREENS p LAKE - -CREST INDIGO LAKES BRITTANY BAY APARTMENTS WARM SPRINGS Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evi- dence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 231182001 January 28. 2011 AGENDA ITEM 9 -C GO*r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: FEBRUARY 17, 2011 SUBJECT: PUDZ- PL2010 -1054; HD DEVELOPMENT RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) (COMPANIONS TO DOA- PL2010 -1052 & PUDZ- PL2010 -388) PROPERTY OWNER & APPLICANTIAGENT: Owner /Applicant Agents: Olde Cypress Development, Ltd. and Vita PIMA LLC 2647 Professional Circle Naples, FL 34119 REQUESTED ACTION• Chris Mitchell Waldrop Engineering, P.A. 28100 Bonita Grande Drive Bonita Springs, FL 34135 Richard D. Yovanovich Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special Treatment (ST) Overlay, for a project that is known as the HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow for development of a maximum of 125 single- family residential units and 33 multi - family units, and associated accessory uses. GEOGRAPHIC LOCATION: The 65.29± acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (See location map and proposed PUD Master Plan on the following pages) HD Development, PUDZ -PL 2010 -1054 Page 1 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 • PURPOSE/DESCRIPTION OF PROJECT: I The HD Development PUD project was approved in Ordinance Number 05 -65 on November 15, 2005. A copy of the ordinance is included with the application materials. The subject site at that time consisted of 46f acres. The petitioner is seeking to add 18.7± acres of agriculturally zoned lands to the project i The original HD Development PUD was approved for a maximum of 104 dwelling units at a 'maximum density of 2.23 units per acre. The 104 units were to consist of a maximum of 71 single - family units and 33 multi- family units. This amendment proposes a maximum of 158 dwelling units which results in a density of 2.4 units per acre. The change will increase the number of units from 104 dwelling units (71 single - family and 33 multi- family units), to a total of; 158 which will consist of a maximum of 125 single - family residents; the originally approved! maximum of 33 multi- family units will be unchanged (see Exhibit A, Section D in the PUD document/ordinance.) In the companion amendment to the Olde Cypress PUD (PUDZ- PL2010 -388), the petitioner proposes to elumnai;e 158 dwelling units which will allow the HD Development to be added to the Olde Cypress DRI without increasing the maximum number of dwelling units allowed in the DRI. The companicn amendment to the Olde Cypress DRI Development Order (DOA- PL2010- 1052) proposes to acid the 63.9 -acre HD Development PUD into the DRI boundary. Currently the petitioner seeks to repeal Ordinance Number 05 -65 by adopting a new ordinance • that allows the changes noted previously. The petitioner is also revising the property development standards as explained later in this report, the removal of an earlier affordable housing payment commitment, and the approval of two deviations that were not addressed in the 2005 action. The Master Plan for the proposed amendment depicts generalized areas of development and traffic circulation. When originally submitted, the petitioner proposed changing the project name from HD Development to Vit-i Tuscan.. The petitioner abandoned that plan. The project has retained its original name of HD Development; however some documents in the application still have the Vita Tuscan name. !Those references are for this project—HD Development PUD. SURROUNDING LAND USE AND ZONING: i North: Treeline Drive, developed single - family residential uses, and a golf course/lake within the Olde Cypress project that was approved for a density of 2.1 units per acre (to be decreased to 1.75 units per acre if the pending DRI and PUD amendments are approved), with a zoning designation of PUD (Olde Cypress). The maximum building height limitations for this project are 35 feet for single - family attached and detached, zero lot line, two - family & duplex, and townhouse units; and 45 feet for multi- family dwellings (Ordinance # 0 -37). East: Preserve and developed commercial areas within the commercially designated area of the Olde Cypress PUD. Building height limitation for all commercial uses in the Olde • Cypress PUDI, is 50 feet above grade. (Ordinance # 00 -37) i 1 HD Development, PUDZ -PL 2010 -1054 Page 2 of 15 February 17, 2011 CCPCI Revised (2) 1/31/11 LEE COUNTY DOA0. PARKLANDS MWASOL �� (DM) r 8 9 10 it 12 RIAL WAIL HERITAGE BAY � CREEK TERAFINA WRASOL (DRI) 8 17 16 15 14 13 Aa- �_ rrr��A DA VINCI ESTATES IN ty2� WIALL LONEORE OLDE CYPRESS n / M SOL HERITAGE BAY PELICAN STRAND E F L_•J�' 22 (WI) CARLTW (D B) '= 20 2t 23 24 LAKES OLOE cwflTSs PROJECT (DRD LOCATION EBW NO PLAZA WKE AGME'S TREE FARM CORNER NAPLES- IMMOKALEE ROAD C.R. 645) Ia' J..L.Uufa' s DZ mC11L.1NO LAKES LAKES — GSIION 3 TUSCAN r MALIBU LAKE 29 GOLDEN GATE ESTATES 28 COW 25 27 B 4LY 30 UNIT B] HERITAGE RITAGE CRYSTAL2 H AT RIGAS LAKE R6T BREEIEVATGD HAMILTON (S) INDIGO LAKES BRITTANY BAY APARTMENTS WARM SPRINGS l7LEENS STANDING Bpi BUTTWMO PRESERVE OAKS PAMO SUMMIT PLACE ISLANDM ALK COVE N NAPLES 32 (DRI) VANDERBILT I 31 GOLDEN GATE ESTATES 33 COUNTRY TAUS WLSHIRE LAKES PELICAN UNIT 06 34 35 36 MARSH (DRI) ® 2. ROUT CAM BO%MVOD VANDERBILT BEACH ROAD 4p NLLS BUCKS RUN M6510N CNUflCH VANDERBET SSSQ ARRED TRUST PRC6iA CAROLINA VILLAGE VINEYARDS a (DRI) VINEYARDS D )) 6 5 •n 4 tadu GOLDEN GATE O EW S 3 CGIDER GATE ESTATES -7 2 m y 2 v GOLDEN GATE ESTATES o UNIT 3 1 L� 2 B C, GOLDEN GATE BOULEVARD GOLDEN GATE ESTATES 8 9 1D 11 12 UNIT 33 VINEYARDS GOLDEN GATE ESTATES GOLDEN GATE ESTATES GOLDEN GATE ESTATES 7 () UNIT 32 UNIT 1 BBBBBBB UNIT 4 LOCATION MAP PETITION # PUDZ -PL- 2010 -1054 ZONING MAP Ia' J..L.Uufa' ® 2. NkPLES-IMMOKALEE r% - �♦r �..Br _� �idVa. , HID� PETITION # PUDZ -PL- 2010 -1054 ZONING MAP R s F PRESS 6AlP WUPSE --/ // aoeP eaxsE - - - - - - - - - - - PRwfaraw�core:,RUn,aR ' EXISTING TREELINE DRIVE i ®6pelsPEnreRExl6oPER o PUD R.O.W. (�v PEA PERPxw apse ® °M"• I 1 - u RESOERT� P., � 561GLE �Y RES�E � R w PUO GOLF CpMSE i I lI 1 I I i I- 1 1 I I — I 1 I i molm1C m IBISES malmmm ROJECT LOCATION MAI 1_ U a w ¢ Q � aU � wH w Wa w U — wSPTTlB£ S6B'P6D1V feb9.66 B 100' CANAL R.O.W. IMMOKALEE ROAD (S.R. 846) 145' R.O.W. P"°VI°;PEa, 1' T P,eESEKVE MFA 3 3RD Z o l UC pN — --------- - - - - -- w66w w,rcNEwsrnc aRag > � o A- z W 6 a6waR ® I aracuuuw® I nawwuu+ai 1 i P. RESIoEMnal I i Pw RES9fR,u1 p c =o SECTION A-A HfEW11Cf N6) LAND USE SUMMARY a�,� ER,>sl..aEaE a�EaaE �(w � N %cs SM[:LE GawLr nuclnREwn],y K'(ls %aF MULTFPNARY TPPCTgRCA + <izl l6mt _ 25.AM lwj _ Env ou�%PEU sPawr N 0: 0 nETEMION= � ma TOTaL GIRlSS agFA sI 1_ U a w ¢ Q � aU � wH w Wa w U — wSPTTlB£ S6B'P6D1V feb9.66 B 100' CANAL R.O.W. IMMOKALEE ROAD (S.R. 846) 145' R.O.W. P"°VI°;PEa, 1' T P,eESEKVE MFA 3 3RD Z o l UC pN — --------- - - - - -- w66w w,rcNEwsrnc aRag > � o A- z W 6 a6waR ® I aracuuuw® I nawwuu+ai 1 i P. RESIoEMnal I i Pw RES9fR,u1 p c =o SECTION A-A HfEW11Cf N6) LAND USE SUMMARY a�,� ER,>sl..aEaE a�EaaE �(w � N %cs SM[:LE GawLr nuclnREwn],y K'(ls %aF MULTFPNARY TPPCTgRCA + <izl l6mt _ 25.AM vsloErc %aP no.w. aREns °.., _ Env ou�%PEU sPawr ELS�'TiRG 1gnvE VEGETanOR pW�Pwsnr,c INNTIVE VE(FrRTNIR•,69M3E6 ,63 NB nETEMION= 9 TOTaL GIRlSS agFA 653x: tmL,i NR,a affil 4tL USE PESl1ER11.L PIL6aCa6oULTAaL. Vaf f RFSIOEMIx PIA Op6fttEa Uf6TS652S aa•LaI IXYK aCCE55 ELSE PRaIER 6£m s� SO R.O.w. Rf510FMK 20 v.WES F:USrN6,v vaaES ExISRG ° 2 e o RESIOEinu rsR>Ewux — --------------- - - - - -- -- '(• '�,,v wmsuePE *w cornw,rnrtEUwa �Tmra 6'SIOEN'oLC tv PLE I aaNIR0. EtEVAnWYY BEEPER ' V£ � TER EtEVanOR 6%: RYP.I im.i ini ' C S _ �' i6oRw EP wR n P oRtr EU:valou «,a _ J, 6+Y` m "a"vn:; 'y TEtiM E VpaP n WmK va r�s o6mw TE OE nUnmRVwrRR+P6616 a�RUrtmESanl � J+ Pewt6,ETEnms, T 1 Pu�nll6rwomsr.•uPrsoPno,we A 2 mx:RfaSE 6sR,aq GUREx VY v l , ?SrASNg�5U6GPMERBR aaI �( ��4Z�F2 N,Y ��E w6�T0�� l�� "°Vi� C'1SU TOPMER a 61RCHt11. P2 TYPICAL ROADWAY SECTION TYPICAL LAKE SECTION SECTION B-B ® R.rs. u.TS nrs SET NUMBER: 195Dt EDED1 SAEET: KEYMAP R --------1----------- -----------------'-- NOTES � � � �B � � � " BOARDWALK EASEMENT KEYMAP R --------1----------- -----------------'-- NOTES � � � �B � � � " I EMSTING TRE UNE DRFVE PUD R.O.W. - - -- - -- - -- - -I- L-L TT ill'b"m 111MEM lumms IW GNAT R.O.W. IMMOKALEE ROAD (S.R. 846)145' R.O.W. LAND USE SU. y SECTION A-A TYPICAL ROADWAY SECTION TYPICAL LAKE SECTION SECTION B South: Immokalee Road, then six 5 acre Agriculturally zoned tracts, five of which are undeveloped; the developed Saturnia Lakes subdivision, approved at 3.13 dwelling units per acre, which has a zoning designation of PUD (Riggs PUD); the Heritage Greens golf course community, approved at a density of 2.1 units per acre, with a zoning designation of PUD (Ordinance #97 -13) West: Recreation tracts within the Olde Cypress subdivision, with a zoning designation of PUD (Olde Cypress) (Ordinance # 00 -37). Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject site is designated Urban/Urban Mixed Use District, as contained in the Future Land Use Element (FLUE) and depicted on the Future Land Use Map (FLUM) of the Growth Management Plan. This designation allows a base density of four du/ac. The proposed density is 2.4 du/ac. Staff believes the project is consistent with FLUE Objective 7 and subsequent Policies 7.1 through 7.4 regarding Smart Growth principles for interconnections, loop road, sidewalks /trails, and various other Smart Growth principles. A complete analysis is the July 20, 2010 memo from Comprehensive Planning staff. A copy of that memo is attached. HD Development, PUDZ -PL 2010 -1054 Page 3 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 Transportation Element: Transportation Planning staff has reviewed the petitioner's PUD Traffic Impact Statement (TIS) included in the application back -up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically note that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. Transportation Planning staff has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the five -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Mitigation is not required. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed changes to the PUD documents. The PUD meets the minimum of twenty -five percent preservation acreage. The native vegetation on site is 64.9 acres; 16.23 (25 %) is required to be preserved. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP and staff recommends that this amendment petition be found consistent with the pertinent objectives, goals and policies of the CCME. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: HD Development, PUDZ -PL 2010 -1054 Page 4 of 15 February 17, 2011 CCPC Revised (2) 1131111 Environmental Review: Environmental Services staff is recommending approval subject to the Environmental condition contained in Exhibit F of the PUD document. A hearing was not required before the Environmental Advisory Commission (EAC) per Collier County Code of Ordinances Part One, Chapter 2, Article VIII. Division 23. — Environmental Advisory Council. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues. Transportation Division staff has recommended approval subject to the adoption of the Transportation Development Commitments provided in Exhibit F of the attached PUD Ordinance. Zoning Services Review: The petitioner has revised the Master Plan to remove the Tract designations, however the overall project design as to the location of the preserve areas and the general depiction of the single - family and multi- family dwelling areas remain essentially the same. The proposed Master Plan shows greater site development detail with lot lines depictions provided. The general configuration of the internal roadway system is also shown as well. This amendment proposes several changes to the property development regulations from what was approved in Ordinance Number 2005 -61 as shown below. ' The existing ordinance contains a footnote that allows the reduction to 18 feet in certain circumstances, so there really is no change 2 No changes are proposed to the multi- family area; changes are only proposed for the single - family unit type. The use list has been revised to exclude a clubhouse from the single - family residential area. The development standards contained in Exhibit B of the PUD documents reflect a design approach that would allow construction of a compact and clustered development. HD Development, PUDZ -PL 2010 -1054 Page 5 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 Ordinance # 200545 Amendment proposal z Lot Area 9,000 square feet 6,000 square feet Lot Width 60 feet interior 65 feet corner 50 feet for both Front setback 23 feet' 19 feet Side Yard Setback 6 feet for 1 story 7.5 for 2 story 5 feet for both Building Height 35 feet with a maximum of 1 story- -zoned height; no actual 35 feet zoned height, maximum of two Principal Buildings height provided stories Minimum Floor Area 2,400 square feet 1,600 square feet ' The existing ordinance contains a footnote that allows the reduction to 18 feet in certain circumstances, so there really is no change 2 No changes are proposed to the multi- family area; changes are only proposed for the single - family unit type. The use list has been revised to exclude a clubhouse from the single - family residential area. The development standards contained in Exhibit B of the PUD documents reflect a design approach that would allow construction of a compact and clustered development. HD Development, PUDZ -PL 2010 -1054 Page 5 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. However, staff would note that in reviewing the appropriateness of the requested uses /densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. Specifically, staff notes single - family residential building heights are proposed to increase from one story to two stories. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bounded to the north, east and west by the Olde Cypress project -- either preserve areas and commercial areas (east); or recreational uses (west); or roadway ( Treeline Drive), single - family homes or golf course area to the north. That project was approved at a density of 2.1 units per acre. Olde Cypress PUD appears to have been approved with uses similar to what was approved, and again proposed, for the HD Development PUD. There are no new uses proposed as part of this amendment to the HD Development. The proposed property development regulations for the single - family units in HD Development are similar to what is approved for single - family detached units in Olde Cypress as shown below: ' The PUD contains a footnote to allow a reduction to 10 feet for a garage and 20 feet the remaining structures if two parking spaces are provided in an enclosed side -entry garage Treeline Drive separates this project from all residential development in Olde Cypress except for a small portion along the north property line as shown below: HD Development, PUDZ -PL 2010 -1054 Page 6 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 Olde Cypress as approved ' HQ, Development amendment propoSOU Lot Area 6,000 square feet 6,000 square feet Lot Width 60 feet 50 feet Front setback 25 feet' 19 feet Side Yard Setback 5 feet 5 feet Building Height Principal Buildings 35 feet zoned height (no mention of actual height or number of stories) 35 feet zoned height with a maximum of 2 stories Minimum Floor Area 1,200 square feet 1,600 square feet ' The PUD contains a footnote to allow a reduction to 10 feet for a garage and 20 feet the remaining structures if two parking spaces are provided in an enclosed side -entry garage Treeline Drive separates this project from all residential development in Olde Cypress except for a small portion along the north property line as shown below: HD Development, PUDZ -PL 2010 -1054 Page 6 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 In the previous zoning action, the developer of the HD Development agreed to provide an enhanced buffer to be placed along a portion of the northern property line. That commitment will remain, as explained in PUD document, Exhibit F.2.A. In any case, both projects will be developed with similar property development regulations as minimum standards. The density proposed for HD Development at 2.4 units per acre is somewhat higher than what is approved for Olde Cypress (2.1 units per acre), but staff believes roadway separation of Treeline Drive and the enhanced buffer will ameliorate any perceived incompatibility. It appears from the aerial photos and the plat for Olde Cypress, Unit 1 (Plat Book 32, specifically pages 3 and 5) that the lots developed in Olde Cypress are larger than the minimum allowed lot sizes, however both projects will be single - family use subdivisions, so the uses are compatible. The multi - family development area abuts a commercially designated area of Olde Cypress. Deviation Discussion: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviation #1 seeks relief from LDC Section 6.06.01.0 that requires a local road right -of -way to be a minimum of 60 feet wide, to allow a 50 -foot wide right -of -way for roadways within the development. Petitioner's Rationale: The applicant provided the following justification for this deviation: The internal rights of way shall be private and shall be maintained by the HOA. The proposed deviation allows for design flexibility as well as consistency with right -of -way widths approved for the HD Development RPUD. The reduced right -of -way width allows for single family development within the parcel. For these reasons, the proposed deviation will not negatively impact public health, safety or welfare. HD Development, PUDZ -PL 2010 -1054 Page 7 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 Staff Analysis and Recommendation: This deviation would allow the developer to provide narrower roadways within the development. The HOA can control traffic via posted speed limits and project design. Since the roadways will not be county - maintained, staff does not object. Therefore, the deviation seems appropriate. Zoning and Land Development Review staff would recommend APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a 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 is "iustified as meeting public numoses to a degree at least eauivalent to literal annlimtinn of such regulations." Deviation #2 seeks relief from Collier County Cade of Ordinances Chapter 22, Article 4, Section 22 -112.2 that requires a 4 to I slope to a depth of 10 feet from control, then a 2 to 1 slope to the bottom of the excavation, to allow for 4 to 1 slope to a depth of 7 feet from control elevation, then a 2 to 1 slope to the bottom of the excavation (20' maximum). Petitioner's Rationale. The applicant provided the following justification for this deviation: The proposed deviation allows for design flexibility for stormwater management features internal to the development and will not negatively impact public health, safety or welfare. Furthermore, the proposed deviation will not impact the form or function of the on -site lakes. Staff Analysis and Recommendation: This deviation would allow the developer to potentially get more fill from the lakes thus decreasing development costs. Staff does not object. Zoning and Land Development Review staff would recommend APPROVAL of this deviation 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 is " iustified as meeting public numoses to a degree at least equivalent to literal annlicatinn of such re ations." LDC Subsection 10.03.0512 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans` compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non - italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" n (Staff's responses to these criteria are provided in bold font): HD Development, PUDZ -PL 2010 -1054 Page 8 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 1. The suitability of the area for the type and pattern of development proposed in relation to 101,4N physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendments and believes the changes are compatible with the development approved in the area with the additional buffering proposed by the petitioner. Therefore, the commitments made by the applicant provide adequate assurances that the proposed change will not adversely affect living conditions in the area. Z. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GAP). County staff has reviewed this petition and has offered an analysis of the relevant goals, n 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. Staff has provided an extensive review of the proposed changes and believes that the project will be compatible with the surrounding area. S. 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. Currently, 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. In addition, the project's development must comply with all other applicable concurrency management regulations when development n approvals are sought. HD Development, PUDZ -PL 2010 -1054 Page 9 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that 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 ofsuch regulations. The petitioner is seeking two deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion 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. Staff believes the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements 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 is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findings: LDC Subsection 10.03.05.L states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed changes. Staff is of the opinion that the project as proposed is consistent with GNW FLUE Policy 5.4 requiring the project to be compatible with neighborhood development with the additional buffering commitments provided by the petitioner. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern, Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed changes are appropriate given the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts, The proposed PUD rezone would not create an isolated zoning district because most of the subject property is already zoned PUD. The Agriculturally zoned parcels that are being HD Development, PUDZ -PL 2010 -1054 Page 10 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 added demonstrate a reasonable extension of the PUD zoning in this Urban Mixed Use district per the GMP. The land to be added is bordered by the PUD zoned lands of Old Cypress to the west and north. . 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn, bringing the agriculturally zoned land within the FLUE Urban Mixed Use District into a more urban zoning district. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner purchased adjacent agriculturally zoned land that he wishes to develop as part of the existing HD Development PUD. Without rezoning, the agriculturally zoned tracts could not be developed with the proposed property development regulations. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, with the commitments made by the applicant, is consistent with the County's land use policies that are reflected by the Future n Land Use Element (FLUE) of the GMP. Therefore, the proposed change 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 affectpublic safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations do not indicate that exceedingly tall structures n would be included in the project; therefore the project should not significantly reduce light HD Development, PUDZ -PL 2010 -1054 Page 11 of 15 February 17, 2011 CCPC Revised (2) 1131111 and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change will 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. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties around this property are already developed or developing now. 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 contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change 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 property currently has two zoning designations — Agricultural and PUD. The tracts could be developed within the parameters of those zoning designations; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County, The petitioner proposes to develop single- family uses and multi- family uses and is proposing property development regulations similar to what is approved for the adjacent project. The GMP is a policy statement, which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the HD Development, PUDZ -PL 2010 -1054 Page 12 of 15 February 17, 2011 CCPC Revised (2) 1/31111 community. 15. Whether is it 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 particular zoning petition. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 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 site development plan or platting 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is 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 with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM meeting was duly noticed by the applicant and held October 18, 2010 at 5:30 p.m. at the Olde Cypress Clubhouse. Please refer to the minutes provided by the petitioner's agent that are included in the application material. HD Development, PUDZ -PL 2010 -1054 Page 13 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on February 2, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL2010 -1054 to the BCC with a recommendation of approval. HD Development, PUDZ -PL 2010 -1054 Page 14 of 15 February 17, 2011 CCPC Revised (2) 1/31/11 PREPARED BY: ./'� . dxj_ Akdwl-� KAY E LEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: 0,�/ ",/J RAYYAOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 0106d, � - - /- 9ILLEM'F LO NZ, J .E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALAN UID UTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION )J-qltl DATE /-31-// DATE DATE -L - Lc- // DATE Tentatively scheduled for the March 22, 2011 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN J. PUDZ -PL 2010 -1054 ebruary 97, 2011 CCPC Revised 1/29/11 DATE C7 SaFfS• Pagejappi/*8 i r 4 CONSISTENCY REVIEW MEMORANDUM To: Kay Deselem, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Date: July 20, 2010 Subject. Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ- PL2010 -1054 PETITION NAME: Vita Tuscana RPUD REQUEST: To rezone the 65.3 acre site from A, Rural Agriculture zoning district (approximately 18.7 acres), and HD Development PUD (approximately 46.6 acres) to RPUD, Residential Planned Unit Development, to be known as Vita Tuscana. �. The HD Development PUD is an undeveloped Residential Planned Unit Development (RPUD) approved for 104 residential dwelling units. The new Vita Tuscana RPUD would be incorporated into the Olde Cypress DRI. The Vita Tuscana Residential Planned Unit Development project entails up to 158 single - family residences and multi - family residences; apportioned to 125 SF (79 9/6) and 33 MF (21 9/6) for a gross density of 2.41 du /ac. An undeveloped right of way, a remnant of the existing HD development PUD is to be vacated. Another configuration has been designed for streets within the Vita Tuscana RPUD. LOCATION: The subject property is generally located in the northeast quadrant of the Immokalee Road (CR846) /Olde Cypress Boulevard intersection, lying adjacently south of the Olde Cypress PUD /DRI and adjacently north of Immokalee Road. COMPREHENSIVE PLANNING COMMENTS: The subject site is designated Urban /Urban Mixed Use District, as contained in the Future Land Use Element (FLUE) and depicted on the Future Land Use Map (FLUM) of the Growth Management Plan. This designation allows a base density of 4 du /ac. The proposed density is 2.4 du /ac. -I — Vita Tuscana RPUD The table below illustrates the acreage figures, dwelling unit counts and residential densities involved in each part of the project: Ttl ACs TV DUs Ttl Com'I ACs non -Com'I AC Gross Res'I Densit Existing DRI 538.1 1,100 12.5 525.6 2.09 DU /AC Proposed DRI 603.4 1,100 12.5 590.9 1.86 DU/AC Olde Cypress PUD 538.1 942 12.5 525.6 1.79 DU/AC Vita Tuscana PUD 65.3 158 0.0 65.3 2.41 DUTAC The acreage increase is reflected in the Olde Cypress DRI, and in the Vita Tuscana (fka HD Development) PUD. Although no additional residential units are proposed for the larger DRI, the total dwelling unit count in the Vita Tuscana (HD Development) PUD is increased. The new, larger number should appear in Vita Tuscana PUD documents. As currently proposed, the "158" number does not appear in the amended PUD Ordinance or other relevant locations in Vita Tuscana (HD Development) PUD materials. FLUE Policy 5.4 "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code." Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. FLUE Objective 7 and relevant policies are stated below; each policy is followed by staff analysis. Objective 7.• In an effort to support the Dover, Kohl & Partners publication, Toward Better Places. The Community Character Plan for �\ Collier County. Florida promote smartgrowth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopmentpr jeas, where applicable. 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 PUD will be accessed from Treeline Drive, providing access onto Olde Cypress Boulevard, then onto Immokalee Road. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to hep reduce vehicle congestion on nearby collector and arterial roads and minimi .Ze the need for traffic signals The PUD Master Plan shows an internal access to the developed portion of the Olde Cypress DRI and includes a loop configuration of curvilinear streets. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The PUD Master Plan includes such connection to Treeline Drive — internal to the Olde Cypress PUD /DRI. The Master Plan also illustrates interconnection between the Multi- Family Tract situated at the project's southeast corner and the adjacent Olde Cypress Preserve Commons commercial component. n -2— Vita Tuscana RPUD 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. The proposed PUD provides for more than 16 acres of preserved Native Vegetation /Conservation Area (± 25 %), for a blend of single - family and multi- family housing opportunities, and for pedestrian access to the paths and sidewalks existing in the Olde Cypress PUD. Based upon the above analysis, Comprehensive Planning staff has determined the Vita Tuscana RPUD rezoning may be found consistent with the Future Land Use Element of the Growth Management Plan. ON CITY VIEW cc: William Lorenz, PE Director, Land Development Services Department Ray Bellows, Planning Manager, Zoning Services Section Mike Bosi, AICP, Comprehensive Planning Manager, Comprehensive Planning Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Tony Russo, Jr., Senior Administrative Assistant, Public Utilities Planning & Project Management Dept. Chris D' Arco, Environmental Specialist, Stormwater & Environmental Planning Section Mike Greene, Manager, Transportation Planning Section FLUE File k0tyview DocumentsMomprhensive Planning Dept. Lettersl0/de Cypress DRI- PUDIPUM- PL2010 -1054 Vita Tuscana.dou -3— Vita Tuscan RPUD ORDINANCE NO. 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AND AGRICULTURAL (A) ZONING DISTRICTS TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS HD DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT OF UP TO 125 SINGLE- FAMILY RESIDENTIAL UNITS AND 33 MULTI - FAMILY UNITS AND ASSOCIATED ACCESSORY USES, LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, EAST OF OLDS CYPRESS BOULEVARD, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 65.29+/ - i� ACRES SUBJECT TO CONDITIONS; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE 05 -65; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Chris Mitchell of Waldron Engineering, P.A., representing Vita Pima, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit D, attached hereto and incorporated herein by reference, located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Residential Planned Unit Development (RPUD) and Agricultural (A) Zoning Districts to a Residential Planned Unit Development (RPUD) Zoning District for a 65.29 + /- acre project known as HD Development RPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in HD Development / PUDZ- PL2010 -1054 Revised 2/07/11 1 of 2 Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance 05 -65, adopted on November 15, 2005, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these provisions. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST: DWIGHT E. BROCK, CLERK 0 , Deputy Clerk Approved as to form and legal sufficiency UK` AF Steven T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Deviations from the LDC Exhibit F - Development Commitments CP\ 10- CPS - 01043 \40 HD Development / PUDZ- PL2010 -1054 Revised 2/07/11 2 of 2 FRED W. COYLE, Chairman EXHIBIT "A" LIST OF PERMITTED USES HD DEVELOPMENT RPUD 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 and Structures: 1. Single- Family dwelling units. 2. Multi - Family dwelling units. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Clubhouse/Recreation uses and facilities, for areas designated as Multi- Family on the PUD Master Plan, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Gatehouse 4. Essential services, including interim and permanent utility and maintenance facilities. 5. Water management facilities. 6. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). HD Development RPUD - PUDZ- PL2010 -1054 Page 1 of 11 Last Revised: 02/04/11 C. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in ^` whole or in part, for the preserve area depicted on the RPUD Master Plan other than the following: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). D. Development Density 1. A maximum of 125 Single - Family Residential dwelling units for all Single - Family tracts within the HD Development RPUD. 2. A maximum of 33 Multi- Family. 3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of the project. The gross project area is 65.29 t acres and the residential density maximum shall be 2.42 units per acre. HD Development RPUD - PUDZ- PL2010 -1054 Page 2 of 11 Last Revised: 02/04/11 EXHIBIT "B" DEVELOPMENT STANDARDS HD DEVELOPMENT RPUD Development of the HD Development RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for residential land uses within the HD Development RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. TABLE RESIDENTIAL DEVELOPMENT STANDARDS Standards Single Famil Multi Family Minimum Lot Area 6,000 SF r unit) N/A Minimum Lot Width 50' (1) N/A Front Yard Setback 19' (2) 15' Side Yard Setback 1 Story 5' 7.5' 2 Story 5' 10' 3 Story N/A 12.5' Rear Yard Setback Principal Structure 20' (30' adjacent to Olde 20' Cypress PUD) Accessory Structure 10' (20' adjacent to Olde 10' Cypress PUD) PUD Boundary Setback Principal Structure N/A 20' Accessory Structure N/A 10' Lake Setback (3) 20' 20' Preserve Area Setback Principal Structure 25' 25' lD Development RPUD - PUDZ- PL2010 -1054 Page 3 of 11 Last Revised: 02/04/11 Accessory Structure 10' 10' Distance Between Structures Main/Principal 1 Story 12' 15' 2 Story N/A 20' 3 Story N/A 25' Accessory Structures 10' 10' Maximum Height Principal Building (Actual) 40' with a max of 2 story N/A Principal Building (Zoned) 35' 42' with a max. of 3 stories Accessory Building (Actual) 25' N/A Accessory Building (Zoned) 20' 20' Clubhouse Building (Actual) N/A N/A Clubhouse Building (Zoned) N/A 38' Minimum Floor Area 1600 SF 650 SF for 1 Bedroom 900 SF for 2 Bedrooms 1000 SF for 3 Bedrooms 1. May be reduced on cul -de -sac lots and lots on the inside part of the curved streets by 25 %. 2. The front yard setback for side - loaded garages may be reduced to 18', with the home remaining at 19', where the applicant demonstrates that 2 vehicles can be adequately parked on a double -wide driveway without overhanging on the sidewalk located at the edge of the right -of -way. The back of sidewalk location, per the PUD cross - section, will be located a minimum of 4 Feet from the ROW line to ensure 23 Feet from the back of sidewalk to the garage face for a front load garage. 3. Lake setbacks are measured from the control elevation established for the lake. A. PRESERVE AREA REQUIREMENTS 1. A minimum of twenty -five (25) percent of the viable native vegetation (64.9 acres), as described in Section 3.05.073 of the Land Development Code, shall be provided on -site, including both the under -story and the ground cover emphasizing the largest contiguous area possible. A total of 16.23 acres is required to be preserved. B. LAKES 2. Lake slopes shall be 4 to 1 from control elevation to a depth 7 feet below control elevation. The allowable lake slope from seven feet below control to the lake bottom (a maximum of 20 feet total depth) is 2 to 1. HID Development RPUD - PUDZ- PL2010 -1054 Page 4 of 11 Last Revised. 02/04/11 ----------------------- - - - - EXISTMGTREMME DRIVE ' ®I I I 1 �m I I I i 1 I �-j a I \ � m nWK� � wmrmcr 700' CANAL P.O.W. IMMONALEE RGAD (S.R 848)145' R.O.W. es.ww I� „. ucn ® I .u.oxnw® 1 1 I ww.mnv. 1 'w'® I wineenr orm.wm. I � I SECTION A-A LAND USE SUM MAIiV �.xm+axw umm �.m mrw°mmw e° `ew e�a"�'�io. wo =20 .nr no mw iu. w wrue .mwmn e _ aeu.wx _ _.. - r wmwPwwrmp �� J� nawm 6m wmmuml Wq T�1 _ TYPICAL ROADWAY SECTION TYPICAL LAKE SECTION SECTION M m� I��aae IdaAe �eeae H a a W U A x a �y� pig j •_ W O a N O O O a N A W 1 O � O O eA � :4 a EXHIBIT "D" LEGAL DESCRIPTION HD DEVELOPMENT RPUD Property Description: A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21, Township 48 south, Range 26 east and being further bounded and described as follows: Commencing at southwest comer of the southwest quarter of Section 21, Township 48 south, Range 26 east, thence n.00 °59'51 "w. along the west line of the southwest quarter of said section for 100.00 feet to the northerly right -of line of a 100 feet wide drainage canal as described in deed book 43, page 251 of the Public Records of Collier County, Florida; thence n.89 °08'23 "e. along said northerly right -of way for 330.14 feet to the southeast corner of Tract 13 of Olde Cypress, Unit One, a subdivision recorded in Plat Book 32 at pages i through 11, inclusive, of the public records of Collier County, Florida; thence continue n.89 °08'23 "e. along said northerly right -of -way line for 330.14 feet to an intersection with the west line of the west half of the east half of the southwest quarter of the southwest quarter of said section 21 and to the point of beginning; thence n.00 °59'15 "w. along the west line of said fraction for 1230.24 feet to the northwest corner of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit One subdivision; thence n.89 °07'34 "e. along the southerly line of said subdivision for 1981.51 feet; thence n.89 °08'07 "e. along the southerly line of said subdivision for 330.24 feet to the northeast comer of the west half of the west half of the southwest quarter of the southeast quarter n of said section 21; thence s.00 °57'12 "e. along the east line of said fraction and along said subdivision line for 1230.83 feet to the aforesaid northerly right -of -way line of a 100 feet wide drainage canal; thence s.89 °09'28 "w. along said northerly right -of -way for 330.16 feet to the east line of the southwest quarter of said section 21; thence s.89 °08'23 "w. along said northerly right - of -way line for 1980.86 feet to the point of beginning. Parcel contains 65.294 acres, more or less. n HD Development RPUD - PUDZ- PL2010 -1054 Page 6 of 11 Last Revised: 02/04/11 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE HD DEVELOPMENT RPUD Deviation No. 1: The Applicant is requesting a deviation from Land Development Code (LDC) Section 6.06.01. O to allow for a 50' right -of -way internal to the proposed development. This Section of the LDC requires that a local road right -of -way be a minimum of 60 feet wide. Justification: The internal rights of way shall be private and shall be maintained by the HOA. The proposed deviation allows for design flexibility as well as consistency with right -of -way widths approved for the HD Development RPUD. The reduced right -of -way width allows for single family development within the parcel. For these reasons, the proposed deviation will not negatively impact public health, safety or welfare. Deviation No. 2: The Applicant is requesting relief from Collier County Code of Ordinances Chapter 22, Article 4, Section 22 -112.2 to allow for a 4 to 1 slope to a depth of 7 feet from control elevation, then a 2 to 1 slope to the bottom of the excavation (20' maximum). This Section of the Ordinance requires a 4 to 1 slope to a depth of 10 feet from control, then a 2 to 1 slope to the bottom of the excavation. Justification: The proposed deviation allows for design flexibility for stormwater management features internal to the development and will not negatively impact public health, safety or welfare. Furthermore, the proposed deviation will not impact the form or function of the on -site lakes. HD Development RPUD - PUDZ- PL2010 -1054 Page 7 of 11 Last Revised: 02/04/11 EXIHBIT "F" DEVELOPMENT COMMITMENTS n HD DEVELOPMENT RPUD 1. ENVIRONMENTAL A. The flow - way /cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD Master Plan. 2. LANDSCAPE A. The required 10 -foot Type A buffer required along the northern property line shall be 20 feet wide from the western property line a distance of approximately 1160 feet, where Treeline Drive diverts from the east -west alignment to head northwest, as depicted in Exhibit C PUD Master Plan. The plantings will be consistent with Exhibit G Olde Cypress South Buffer. 3. TRAFFIC The development of this PUD shall be subject to and governed by the following minimum stipulations. A. Payment in Lieu of 6 -foot sidewalks and 4 -foot bike lanes for Immokalee Road frontage shall be required. The amount shall be determined utilizing FDOT's 2008 Transportation Costs, as amended. Payment shall be required prior to PPL approval. B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. The Developer, his successor, or assign(s) agrees to contribute proportionate far share payment(s) toward traffic control improvements at the following intersections: 1. Treeline Drive at Olde Cypress Boulevard/Logan Boulevard Extension 2. Olde Cypress Boulevard at Immokalee Road The improvements may include, but shall not be limited to, signal installation or improvement of existing signalization, and turn lane improvements. Payment shall be required within 90 days of the County's request, or upon inclusion of improvements in a development order such as an SDP or Plat, or when warrants are considered met as a result of the project's traffic. Proportionate share must be calculated based on percentage of this project's impact on the operating capacity of the improvements. Payment shall be made to the entity responsible for construction/ maintenance/ ownership of the improvement(s). HD Development RPUD - PUDZ- PL2010 -1054 Page 8 of 11 Last Revised: 02/04/11 For any improvements constructed by the Developer, and for any rights of way or Public Access easements contributed by this development to Collier County, the Developer, his successor, or assign(s) agrees to retain responsibility to operate and maintain said conveyances until such time ^ that the Board of County Commissioners formally accepts ownership and maintenance responsibility for of the improvements. C. A sidewalk easement is required as depicted on Exhibit H, Vita Tuscana Easement Requirements, for the existing sidewalk/pathway servicing the existing control structure for the Cocohatchee Canal. The granting of the sidewalk easement will not require additional buffer width for the landscape buffer required adjacent to the canal right -of- way. Plantings shall be placed within the remaining width of the 20 foot landscape buffer. If the area cannot be effectively planted, no plantings shall be required for the length of the easement. The sidewalk easement shall be provided by the developer at no cost to the county within 90 days of the County's request, or upon inclusion of improvements in a development order, such as an SDP or Plat. D. A boardwalk easement is required as depicted on Exhibit H, Vita Tuscana Easement Requirements, to allow for an elevated boardwalk adjacent to the surface water management weir providing controlled discharge for the adjacent slough to the Cocohatchee Canal. The easement shall be 15 feet wide and taper to the boundary within 50 feet of the end of the weir. The granting of the boardwalk easement will not require additional buffer width for the landscape buffer required adjacent to the canal right -of- way for portions of the buffer within the developable portions of the PUD. Plantings shall be placed within the remaining width if the 20 foot landscape buffer. If the area cannot be effectively planted, no plantings shall be required for the length of the easement. The Developer will cooperate with Collier County as the land owner in securing the necessary permits for the construction of the boardwalk. The Developer shall not be financially responsible for the permitting, wetland mitigation or construction of the boardwalk. The boardwalk easement shall be provided by the developer at no cost to the county within 90 days of the County's request, or upon inclusion of improvements in a development order, such as an SDP or Plat. HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 11 Last Revised: 02/04/11 OVERALL BUFFER PLAN sale: r = so' r� GOLF COURSE BUFFER PLAN • '••' sale: r - ya I I GOLF COURSE PLANT LIST Comaaa Nam Na Neaw �qE° bym Sabniml Nam° Common Name 6peclAmllon Neale 5M -.1. Nerve Caamn Nam Sp�. NNre �ouP.v.m mi.a �uaa -M SM Baen"Nma Common Name SPx M.- Nettie common aP sw o+mra cabP. van a emva v Cy B6 Sym Baank 1.- Common Name apedfi - NetWe e. y Syy, BU ,nw Nam° Cart Name Ngmq W axeGm SPedlk - Nellw tP ,F Y � 9ym kal Noma Comron Ne Mm�e..or. sppBV p� u� av°u Nob° TREELINE DRIVE BUFFER PLAN swc I' =10' TREELINE DRIVE PLANT LIST Ory SyYn N�W`nNm Comaaa Nam Na Neaw 2a�. a: myN6 5M -.1. Nerve Caamn Nam Sp�. NNre �ouP.v.m mi.a �uaa Semi �o°.+'.�r.�aw,apmw Name 6peolAatlm Nettie common prye S� —1-Nam C time Spacmuaan Near. x Sym cel Nam Gammon N W mwa. aa_ N- i i 4. 0 o_ a4 a5 P, IT N O O O a w a A� v 0 � N O ,y ro o � A m 0 a� op o. It 0 0 ~ 0 N a N Q a � N C O � Q (y" ec� 10 Jtemating Trees and Palm mass. Double hedge row (meandering), minted small trees and large shrubs. Full bufering to street. TREELINE DR Treeline Drive Buffer iProposed Residences OVERALL BUFFER PLAN Scale: 1" = 50' / / 1 � � _-- _— __— _ - - - -' / 2 / I t i 1 / 1 - - -' Alternating Trees and Palm mass, large shrub massing on Property lures. Views open at lower level (2' -8'). Emphasis on upper, buttering at screen enclosure & root line. I TIFF AREA Golf Course Buffer (920 LF) I / Proposed Residences ! / Tv�l!`Af inn[ C R GOLF COURSE BUFFER PLAN v Scale: 1' = 10' �, GOLF COURSE PLANT LIST TFtEEs Qty Sym Botanical Name Common Name Specification Native 21 CS Cassia suratlensis Glaucous Cassia V- 10'oa4'sod. N 82 PE Pinus =Itii Slash Pine 12 -14' oa z S- 6'spd, 2.S cal Y 21 Qv Quercus virginianei live Oak 16' oa x 8'spd, 4" cal Y PALMS PALMS Qty Sym Botanical Name Common Name Specficaton Native 82 SP Sabal palmetto Cabbage Palm 8'11'14' a cut head Y SHRUBS SHRUBS Qty Sym Botanical Name Common Name Specification Native 82 SER Sensnoa repens Saw palmetto 10 gallon 24' Y 345 TRD Tripeacum dactlilera Fakahatohee Grass 3 gallon 24" Y GROUNDCOVERS 226 GAL Galphemie grac&s Thryallie 3 gallon 20" Qty Sym Botanical Name Common Name Specification Native 5.182 NEP Nephrolepis spp. Sword Fern 1 gallon 18" Y MISCELLANEOUS 121 IVN Ilex spp. Shilling' Ilex StNlings 3 gallon 16' Qty Sym Botanical Name Common Name Specification Notes 25,976 SF Irrigation To be field verified by contactor. SEE PLANS OR SPECS Qty Sym Botanical Name Common Name Specification 25,976 SF Mulch Pine Straw T thidr 7,538 SF Irrigation To be field verified by contractor. SEE PUNS OR SPECS MTREELINE DRIVE BUFFER PLAN Scale: 1"= 10' 1 � TREELINE DRIVE PLANT LIST TREES Qty Sym Botanical Name Common Name Specification Native 39 CS Cassia surrallensls Glaucous Cassia B'' -10' oa x 4' ePd Y 50 MC Myrira arvers Wax Myrtle 8kB mull Y 22 QV Querels *gmlam Live Oak 16' oa x 8' spd. 4" cal Y PALMS Qty Sym Botanical Name Common Name Specification Nati ve 50 SP Sabal palmadc Cabbage Palm 8', 11', 14' ct cat head Y SHRUBS Qty Sym Botanical Name Common Name Specification Native 193 BOU BougainvBes'helen johnson' Dwarf Bougainvillea 3 gallon 2P N 369 CES Corwcerpus eredus ear. Slyer Buttonwood 10 galon 48" Y 226 GAL Galphemie grac&s Thryallie 3 gallon 20" N GRDUNDCOVERS Qty Sym Botanical Name Common Name Specification Native 121 IVN Ilex spp. Shilling' Ilex StNlings 3 gallon 16' N MISCELLANEOUS Qty Sym Botanical Name Common Name Specification Notes 7,538 SF Irrigation To be field verified by contractor. SEE PUNS OR SPECS 7,536 SF M.Idh Pun: Straw 3" tick 5 3F v nR a. Elf mP."m�p EF €X� o� aui o U aW IL Q U N Q J c �u s igs eog$ G x x w U Q a 2i CL E Q EE o ° o U- J > U- w ❑ w Q J D- EL ❑ Q Lu Lu = Z d 3 V ft. 2 X w Z tD U W L.L W LL LL m U_ cQ G W U (n u / PR EAVEAREA Lie 4c: -------------- --_-------------------_-------------_-------_--_----------_------------- X [ o � BOARDWALK EASEMENT N tz Y lvu kt, � � � LK -------------- -------------_—_--------------_-------_-------_----_--_-----_-------_-------' SIDEWALK EASEMENT - o � � 4c: - o � � 4* -9c. B. CPSP- 2010 -2, Petition requesting Amendments to the Future Land Use Element and Future Land Use Map and Map Series (FLUE /FLUM), to: modify the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO); modify FLUE Policy 5.1; modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make FLUM boundary corrections in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. [TRANSMITTAL HEARING] [Coordinator: David Weeks, AICP, GMP Manager] 9. ADVERTISED PUBLIC HEARINGS GA. PUDA-PL2010-388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a park (3.9 acres minimum) within the Olde Cypress PUD /DRI. The subject property is located in the Olde Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP] B. OA- PL2010 -1052 Olde Cypress Development, LTD and Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., is requesting a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will remove the 3.9 -acre park requirement, add 63.9 acres into the DRI boundary, and amend Map H to incorporate this change. The subject property consisting of 602± acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ- PL2010 -1054) [Kay Deselem, AICP, Coordinator] a DZ- PL2010 -1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop gineering, P.A., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special Treatment (ST) Overlay for a project that is known as the HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow for development of a maximum of 125 single - family residential units and 33 multi - family units, and associated accessory uses. The 65.29± acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA- PL2010 -1052) [Kay Deselem, AICP, Coordinator] D. PUDZ- 2009 -AR -14425 An Ordinance of the Board of County Commissioners of Collier County, Florida, 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 Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district to allow for development of up to 135,000 square feet of commercial development and/or a retirement community/group housing at a FAR of .60 and/or a hotel /motel of an intensity of 26 units per acre for a 23.33 + /- acre parcel to be known as the Addie's Corner MPUD located in the northwest quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] It 9A -90 Good Morning/Afternoon Commissioners, My name is Charles Slaght and I reside at 2918 Lone Pine Lane, Naples, Florida, 34119 I am going to read my statement as this is limited to a 5 minute presentation a written copy of this presentation will be provided. I am going to reach way back and frame the picture briefly... we've all heard, "Life, Liberty, and the Pursuit of Happiness which was originally penned as Life, Liberty, and Property" With this said I lead into my presentation with: If someone takes my property rights from me, someday that someone or others may take your property! Property Rights are extended to owners when they purchase lots within a development. Yes there are deed restrictions and conveyances which limit or prescribe certain activities within community and are regulated by by -laws and HOA Boards. Homes are built on specific purchased lots but amenities many times are located elsewhere in a community but you have certain rights conveyed like access to these amenities especially if they are used to entice you to buy their lots and build in their community. We bought our property outright, then just a vacant lot, in the OC development as we were enchanted by the many advertised amenities, this then made us partial owners in current and future amenities, and decided to build our dream home in Olde Cypress (yes we do pay dues to use and upkeep these amenities). Let me digress, a representative of Stock Development, Chris St Cyr, presented all the Olde Cypress amenities and helped us tour the community handing us off to a builders representative and at no time were we told that the promised park, nature trails, or boardwalk would not be provided due to build -out or by a developer's failure to plan for these amenities (on this tour two possible sites for a park were presented: end of Lone Pine lane and Wild Orchid). Printed sales materials and the online website for Olde Cypress also stated that there would be parks, nature trails, etc. within the community. There are a number of documents that were passed into existence by different legal county and state entities (CCPC, BCC they may have had different names but these agencies function to protect the state, the county, the developer, and the eventual owner). These are legal documents with specific requirements as dictated by the State of Florida and Collier County (DRI/PUD/DO) which were signed and agreed to by all parties before any clearing or construction ever began. Developers submit documents (DRI's, PUD's and DO's) and want approval to develop and of course they want to make money doing this as a part of their American dream to make a reasonable profit on their monetary risk. County and state agencies ensure the documents are legal, are reviewed by the County Attorney, cover various legal requirements, protect the citizens from harm, these documents represent a written picture of what the developer wants to build, and are only passed once all legal criteria has been satisfied. With this due diligence, due regard, and due care how can a developer later rescind this agreement; I am a bit mystified (as wording within the PUD/DRI/DO states this is even legally binding on successors)? I have submitted many emails and letters with a vast number of issues to the CCPC and the BCC and I trust you have read them all however let me provide some history and distill some of the information please bear with me. Mention was made in these documents as: • Original documents were filed as "The Woodlands" development and were filed by the Immokalee Road Partnership, Inc. (the principle parties) • Providing bicycle - pedestrian system along all roads within the project [also] provision for bike racks or storage facilities in recreational areas DO 86 -1 • Providing parks, nature trails and Boardwalk, bicycle paths, passive recreational uses of wetlands, and other facilities for recreation to be maintained by the HOA was submitted in Ordinance 86 -75 • Interestingly providing a polling place and adequate hurricane sheltering were also stipulated in Ordinance 86 -75 • Exhibit "H" of Ordinance 86 -75 shows position of parks in northeast corner • Resolution 87 -96 modifies transportation issues • Resolution 87 -207 references acreages therein and increases preserve area (91- 149 acres) no modification to the rest of Ordinance 86 -75 • Resolution 94 -774 and DO # 94 -4 "no changes to master plan" and new commencement date of October 7, 2000 A Collier County Code Enforcement claim (CESD20100020925) was filed against the developer on or about November 18, 2010. It was not until the date that the CCPC hearing was announced via mail did I find out that my claim was closed (no letter, no communication, nothing). I was sent an email by County Staff dated January 3rd from Mr. Richard Yovanovich, Esq. where he had replied and stated that the OC PUD was not being closed out and therefore the Notice of Violation must be rescinded and also later stated that "The Master Association is supporting the proposed amendment" (I continue to ask for documentation of this Master POA action and signed conveyance and to date none has been supplied therefore you should request such signed documentation which may also be an illegal uttering or conveyance by all mentioned parties). If I can not file a claim for a Code Enforcement Violation then how can the developer ask for an amendment dropping the park, nature trails, and bike paths: I'm puzzled? In your packet you have numerous other email communications which I have sent to each of you and I ask that you review these in your mind as there are many concerns that I and others have regarding the purposed amendments and filings that affect the Olde Cypress PUD/DRUDO. I am also concerned with the 33 multiple family units requested in the third action before you as this is surely does not fit our community PUD as single family units and is not desired by the community. r While it may appear that the solution regarding a 3.9 acre (or whatever size is required) park may seem insurmountable there are surely solutions which would be amenable to the developer, the community, and the County (small pocket parks). The Nature Trails/Boardwalks and bike paths are a more difficult barrier to broach but by our working hand in hand there could be a solution found here as well. Bike racks are easily placed at the fitness center and clubhouse and possible park sites so this is a simple solution. Where there is a will there surely must be a way if the developer, the community, and County agencies all work together to find amiable solutions that create a win -win scenario providing these amenities for everyone. I am a disabled veteran, I have served and sacrificed offering my life and my physical wellbeing for each of you to have the rights I spoke of in the beginning (Life, Liberty, and the Pursuit of Happiness - Property). I am not here for accolades or honor but I am here to see justice prevail! While others within our community may want to give up their rights to real property I do not, and the dissention of one in this case has to be upheld for all. I ask that you protect me and others who need your support, disallow the petition for amendment of the OC DRI/PUDBO, and that you charge the developer to work with the community and the County to meet all legal requirements of these foundational documents and any others that have jurisdiction. Thank you! A G - tur►�� ------------------------------------------------------- c� o'° REGULAR MEETING OF OCTOBER 22, 1996 OF THE BOARD OF COUNTY COMMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:10 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: John C. Norris VICE - CHAIRMAN: Timothy L. Hancock Timothy J. Constantine Pamela S. Mac'Kie Bettye J. Matthews ALSO PRESENT: W. Neil Dorrill, County Manager David C. Weigel, County Attorney I'm COMMISSIONER CONSTANTINE: I'll move approval of the item. COMMISSIONER HANCOCK: Okay. COMMISSIONER MAC'KIE: Second. MR. DORRILL: Wait. We do -- we do have one. Mr. Cox is registered. I presume that you -- you're okay. COMMISSIONER HANCOCK: Would you like to talk us out of this or -- CHAIRMAN NORRIS: I'll reopen the public hearing if Mr. Cox is going to talk us out of this. MR. COX: Actually, all I was going to say is that my wife and I own the property, and we live on it -- the property in question and that staff has covered the situation thoroughly, and available for any questions. CHAIRMAN NORRIS: Identify yourself for the record, please. MR. COX: I'm sorry. My name is Eugene Cox. CHAIRMAN NORRIS: Okay. I'll close the public hearing. We have a motion and a second. All those in favor signify by saying aye. Opposed? (No response) Item #12B3 ORDINANCE 96 -64 RE PETITION PUD -83- 26(1), GEORGE L. VARNADOE OF YOUNG, VANASSENDERP & VARNADOE, P.A., REPRESENTING THE IMMOKALEE ROAD PARTNERSHIP AND THE RIBECK CO., REQUESTING AN AMENDMENT TO THE "THE WOODLANDS" PLANNED UNIT DEVELOPMENT THROUGH A "PUD TO PUD" PLANNED UNIT DEVELOPMENT REZONING ACTION HAVING THE EFFECT OF REPLACING THE MASTER PLAN WITH A NEW MASTER PLAN; REDUCING THE DENSITY AND INTENSITY OF AUTHORIZED LAND USES; INCREASING OPEN SPACE AND PRESERVES AND MAKING OTHER CHANGES TO REFLECT THE CURRENT TIMEFRAME WHICH IS LOCATED NORTH OF IMMOKALEE ROAD (COMPANION TO ITEMS 12C1 AND 12C2) - ADOPTED WITH STIPULATION CHAIRMAN NORRIS: Next item is Petition PUD -- MR. NINO: For the record my name is Ron -- CHAIRMAN NORRIS: -- eighty -three dash -- MR. NINO: -- Nino, planning services -- CHAIRMAN NORRIS: -- twenty -six paren one. COMMISSIONER CONSTANTINE: This has a couple of companion items with it? MR. DORRILL: Yes, it does. MR. NINO: Yes. If I may, Mr. Chairman, deal with DOA -96 -3, and the determinations have been substantial or a substantial change. The petition that's before you deals with the Woodlands' development and regional impact first approved in November 6th of 1986. The petitioner is seeking to amend the development order and the PUD, because in the intervening period of time since its adoption, they are able to more definitively identify the environmental conditions that need to be preserved and -- COMMISSIONER MAC'KIE: Can I just interrupt you to ask you this? This looks to me like we're reducing density, we're reducing commercial acreage, we're increasing -- COMMISSIONER CONSTANTINE: Green space? COMMISSIONER MAC'KIE: -- preservation and green space. MR. NINO: Exactly. COMMISSIONER MAC'KIE: So it seems like this might could move along more quickly than it is -- MR. NINO: All right. COMMISSIONER MAC'KIE: -- because it looks like a really good idea. COMMISSIONER CONSTANTINE: Quick question for the petitioner. It does -- it does look like an increase of green space. Are there any tax dollars involved with this? COMMISSIONER MAC'KIE: This paid political announcement COMMISSIONER CONSTANTINE: I think it's a legitimate question. MR. VARNADOE: I'm not going to use any of Mr. Saunders' tax on this property. Thank you. My name is George Varnadoe for the record. I have an hour presentation, so I hope you're not going to (Laughter) COMMISSIONER HANCOCK: I have -- I do have one question for the petitioner. The north -south collector road -- I -- I'm sorry. I -- I didn't form this ahead of time -- what does that line up with on Immokalee Road? COMMISSIONER MATTHEWS: You don't want to know. MR. VARNADOE: The -- the -- COMMISSIONER HANCOCK: The north -south collector that's now on the west side of the property. MR. VARNADOE: It's -- it's really a local road, Mr. Hancock, that -- that is to provide access to the -- the Section 16, which is to the north, which is landlocked without that. I think it's pretty close to Logan. COMMISSIONER HANCOCK: Okay. Is there anything on the south side of Immokalee that lines up with this road? COMMISSIONER MATTHEWS: Not currently. COMMISSIONER HANCOCK: Is that correct? There's nothing on the south side of Immokalee that lines up with this proposed -- MR. VARNADOE: It's -- no. COMMISSIONER MATTHEWS: Currently, no, there is not. However, from the next section down or two sections down, there's Logan Boulevard. It does line up with a section -- a section line that -- therefore, if -- if we approve this, I would -- would like a definite stipulation -- and -- and I see that roadway is only 60 feet wide -- that it remain 60 feet wide and no additional right -of -way. COMMISSIONER CONSTANTINE: I'm sorry. It lines up with what? COMMISSIONER MATTHEWS: A potential Logan Boulevard extension. MR. VARNADOE: Let me give you a little background just so everybody understands. When this project first came in in 1984, there was a thought about putting State Road 951 -- swinging it 1 mile to the west and coming up the east side of the Woodlands through this -- what is now preserve area. COMMISSIONER CONSTANTINE: All -- all that green is preserve area forever? MR. VARNADOE: Forever, unfortunately. The -- and so the Growth Management Plan was changed to show that alignment of 951. When we ran into these environmental problems and the county started exploring the section north of this and north of that about how we were going to get through there, they decided that really wasn't going to work. So they realigned 951 back over to -- going straight north between the Florida Rock property and the Nicewander (phonetic), I guess, property. When that happened we needed to have a -- some access to the section to the north of us, and that's why this local road is -- is being proposed. But we have no objections to Commissioner Matthews' stipulation. That's all that's shown on the master plan -- all reflected in the PUD at the present time. CHAIRMAN NORRIS: Mr. Varnadoe, is this -- this one -- is that an exact section there that's shown on that map? MR. VARNADOE: That map shows one section, yes, sir. CHAIRMAN NORRIS: Okay. It looks like, then, if you count the preservation area and the open space, golf course, and lakes, that you're -- you have -- well over 50 percent of that is - MR. VARNADOE: It's -- 67 percent, sir, is -- is in open space, lakes, or golf course; and over 35 percent of the site are going to be in conservation easements or green space, I guess, is the current buzz word for this. And that's the area shown in the -- in the hatched green /black up there. CHAIRMAN NORRIS: Okay. Now, reading this -- and if I understand right, we're going down in dwelling units from 1460 to - MR. VARNADOE: We're going from -- we're going from 1460 to 1100, from 2.9 units an acre to 2.2, a reduction of about 25 percent, 24.7 per our accountant. CHAIRMAN NORRIS: And the commercial acreage is going down as well from 15 to 12 and the -- MR. VARNADOE: Twenty percent reduction, yes, sir. CHAIRMAN NORRIS: And 35,000 square feet is coming off of that. The preservation area is going to be larger as is the open space, lakes, and golf course area. MR. VARNADOE: Yes, sir. COMMISSIONER CONSTANTINE: All right. So -- CHAIRMAN NORRIS: So tell us what's wrong with this. MR. VARNADOE: Well, from a developer point of view, we have less land to develop and less chance to make money; but that's the -- the environmental price we're paying on this piece of property. COMMISSIONER HANCOCK: I appreciate the brutal honesty. Mr. Nino, my -- my concern -- and before I agree with what Commissioner Matthews has set forth, if Logan were to finally connect to this road, it runs northward to the Lee County line, is there any plan of this connecting to a road in Lee County anywhere in our -- our MR. NINO: There's no provision for that road -- COMMISSIONER MATTHEWS: Not at this point. COMMISSIONER CONSTANTINE: Let me -- let me ask -- CHAIRMAN NORRIS: Excuse me. One at a time, please. COMMISSIONER HANCOCK: I want to make sure we don't make a transportation mistake here like we made 20 years ago. MR. NINO: The road -- the road reservation is still on the west side -- east side of the Parklands, which will provide for the extension of 951 all the way to Bonita Beach Road. MR. VARNADOE: We went through this with Mr. Perry before he left the county as to what right -of -way we needed on the west side. He said all you need -- we need to accommodate there is a local road. He said it may or may not ever connect to Lee County, but it's not -- it doesn't go anywhere once it gets there. COMMISSIONER HANCOCK: Okay. Thank you. CHAIRMAN NORRIS: Public speakers on this item? MR. DORRILL: No, sir, I don't have any. MR. NINO: If I may confirm for the record, we've heard from both the Regional Planning Council and DCA and they have determined this to be an insubstantial change. MR. VARNADOE: Could I -- I hate to talk myself out of something, but a point of clarification, Commissioner Matthews. We do show wider than 60 feet in this area (indicating) just as an entry feature, but the main right -of -way through the project is -- is just 60 feet. And I think if we just refer to our PUD master plan, that's what we -- we are -- are illustrating thereon. COMMISSIONER MATTHEWS: That's fine. I -- I just would like to see that the -- that the right -of -way in the, at least, northern half of the project remain 60 feet. MR. VARNADOE: Thank you. CHAIRMAN NORRIS: If there's no more questions, then I'll close the public hearing. COMMISSIONER CONSTANTINE: Mr. Chairman, considering that 67 percent of this property will in perpetuity never be available for development, I'm going to go ahead and make a motion that we approve the change. COMMISSIONER MAC'KIE: Second. MR. NINO: Mr. -- Mr. Chairman. CHAIRMAN NORRIS: We have a motion and a second. MR. NINO: Mr. Chairman, you need a motion on the PUD. CHAIRMAN NORRIS: I understand. MR. NINO: Oh, I'm sorry. CHAIRMAN NORRIS: We got -- we got two companion items. We -- we'll get to them. COMMISSIONER MATTHEWS: We have three altogether. Could I ask the motion maker -- and I -- I'm not -- I'm not sure whether you know, how we would put this in, but I would like to see some sort of stipulation in the PUD, at least, that -- that this roadway remain 60 feet and that in order to widen the roadway at all, even at the developer's discretion, that that would be a change to the PUD; and they would have to -- have to bring it back for a public hearing. COMMISSIONER CONSTANTINE: I think Mr. Varnadoe agreed to that on the record, so I'll -- I'll go ahead and make that a part of the motion. COMMISSIONER MATTHEWS: Thank you. CHAIRMAN NORRIS: Okay. Then we -- does the second amend? COMMISSIONER MAC'KIE: Yes, sir. CHAIRMAN NORRIS: Okay. Then we have a motion and a second amended, and all those in favor signify by saying aye. Opposed? (no response) Item #12C1 RESOLUTION 96 -481 DETERMINING THAT REVISIONS TO THE WOODLANDS DEVELOPMENT ORDER DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW (COMPANION TO ITEMS #12B3 AND #12C2) - ADOPTED CHAIRMAN NORRIS: We'll take the Companion Item 12(C)(1) first. COMMISSIONER CONSTANTINE: Mr. Chairman, I'll -- if -- do you need to close the public hearing on that or are we -- CHAIRMAN NORRIS: I'll close the public hearing on that one. COMMISSIONER CONSTANTINE: I make a motion we approve 12 (C) (1) . COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Item #12C2 RESOLUTION 96- 482/DO -96 -2 RE PETITION DOA -96 -3, GEORGE L. VARNADOE OF YOUNG, VANASSENDERP & VARNADOES, P.A., REPRESENTING THE IMMOKALEE ROAD PARTNERSHIP AND THE RIBECK CO. FOR AN AMENDMENT TO "THE WOODLANDS" DRI DEVELOPMENT ORDER 86 -1, AS AMENDED, HAVING THE EFFECT OF REPLACING THE MASTER PLAN WITH A NEW MASTER PLAN, REDUCING THE DENSITY AND INTENSITY OF AUTHORIZED LAND USES, INCREASING OPEN SPACE AND PRESERVES AND MAKING OTHER CHANGES TO REFLECT THE CURRENT TIMEFRAME, SAID PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (COMPANION TO ITEM #12B3 AND 41201) - ADOPTED Our next -- our other companion item is 12(C)(2), Petition DCA -96 -3. Close the public hearing. COMMISSIONER CONSTANTINE: Mr. Chairman -- COMMISSIONER MATTHEWS: Mr. Chairman, I'd like to make a motion that we approve Petition DOA -96 -3 (sic). COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and second. All those in favor signify by saying aye. Opposed? (No response). CHAIRMAN NORRIS: That covers the Woodlands. 107 PAr,t 431 RESOLU'iION 87- 207 AMENDING DEVELOPMENT ORDER 86 -1, FOR THE WOODLANDS; AMENDING SECTION A.4, FINDINCS OF FACT, TO STATE A MAXIMM SQUARE FOOTAGE OF COMMERCIAL RETAIL PERMITTED AND TO INCREASE THE TOTAL ACREAGE OF PRESERVATION AREAS AND TO SET FORTH A REVISED LAND USE SCHEDULE THAT DOES NOT INCREASE THE TOTAL AMOUNT OF ACREAGE OR DWELLING UNITS PREVIOUSLY APPROVED. SCR 23, 2987 WHEREAS, the Board of County Commissioners approved on November 6, 1986, Development Order 86 -1, known as "The Woodlands "; a d WHEREAS, the Department of Community Affairs staff has recommended to the Collier County Community Development Division that it should formally request the Board of County Commissioners to amend said Development Order; and WHEREAS, the Department of Community Affairs staff and the developer for the Woodlands have agreed on revised language; and WHEREAS, the Board of County Commissioners must approve the revised language in an amended Development Order; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS Of Collier County, Florida, that Development Order 86 -1 s 11 be amended as follows: SECTION ONE: Development Order 86 -1, Section A.(4) shall be amended as follows: (4) The applicant proposes the development of the Woodlands Planned Unit Development, kaewa- ae- eetnpes fie- F�chfbftBur- eAd -b7 reference- a+ade -e- pore- kereefr -fer pursuant to terms and conditions of Ordinance 86 -75, as the same.may be amended. The development consists of 500.11 acres which 4ee -Iedesr includes a maximum of 200,000 square feet of commercial retail on a maximum of IS- eerearo €- ee�erefe}, 15 acres, an 18 hot golf eenree course on approximately 114 acres, residentia Words underlined are additions; words are dQletions. t SUMEMM 15, 1987 1,460 dwelling units or, 459 eeresT approximately 147.2 acres, and approximately 4 149 acres of preservation areear area, 47.5 acres of which will function for water management detention purposes. The general plan of development is depicted on Exhibit "E" of said Ordinance 86 -75, incorporated herein by reference, although the acrea¢es referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. BE IT RESOLVED that this resolution be recorded in the minutes of • this Board. Commissioner P istor offered the foregoing resolution and moved its adoption, seconded by Commissioner Saunders and upon roll call the vote was: AYES: Commissioners Pistcr, Saunders, Glass, Goodnight b Hasse NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: None Done this 15th day of September 1987. ATTEST,,.'. BOARD OF ZONING APPEALS ' JAMES C GILES , CLERK COLLIE U2ZTY . FLORIDA - irgi a agrz A.. HASSE, A-.,-tMAIRMAN } Zieputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R. BRUCE ANDS ON AS£ISTANT COUNTY ATTORNEY Woodlands DO Amendment bou 107n,-, n,-, 432 Words underlined are additions; words struck— threnth are deletions. 1 DEVELOPMENT ORDER 86- 1 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER (.',:`•. COUNTY, FLORIDA FOR THE WOODLANDS PLANNED UNIT DEVELOPMENT LOCATED IN PART OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Y G% F� �J F WHEREAS, Ross McIntosh, Agent, for Immokalee Road Partnership and Greg Cabiness, Applicant, filed on December 6, 1983, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, The Woodlands Planned Unit Develop- ment, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, Immokalee Road Partnership and Greg Cabiness have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS', the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380.06 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA and on the Application for Public Hearing for PUD Zoning on October 2, 1986; and WHEREAS, The Woodlands ADA is also part of an overall rezoning application by the developer; and the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other develop- ment permits by the County or State; WHEREAS, on November 6, 1986, the Board of County Commissioners at an open public hearing in accordance with the Collier County, Zoning Ordinance approved Ordinance 86 -75 which rezoned the subject propert This,& -irel' rPtl Q;''' w 'n trYe /!jecr' ry of S:atc s Gffice the 2 - day of 2--t) .. ?_ and acknowledgement of ha filing received this,L — day of - Sysrrs IAeGUN � er!k=- --C�-; to PUD known as the Woodlands; and WHEREAS, on November 6, 1986, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida. Statutes, considered the application for Development of Regional Impact submitted by Ross McIntosh, Agent; the report and recommendations of the SWFRPC; the certified record of the documentary and oral evidence ,presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommen- dations of Collier County Staff and Advisory Boards; and the comments upon the record made before this Board of County Commissioners at said .meeting, hereby makes the following Findings of Fact and Conclusion of Law. A. FINDINGS OF FACT 1. The applicant submitted to the County an.ADA and sufficiency responses known as composite Exhibit A, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 2. The application is in accordance with Section 380.06(b), Florida Statutes. 3. The real property which is the subject of the ADA is legally described as set forth in Exhibit B of the Planned Unit Development Document for The Woodlands attached hereto and by reference made a part hereof. 4. The applicant proposes the development of The Woodlands Planned Unit Development, known as composite Exhibit B, and by reference made a part hereof, for 500.11 acres which includes: 15 acres of commercial, an 18 -hole golf course, 1,460 dwelling units on 159 acres, and approximately 91 acres of preservation areas. 5. A comprehensive review of the impact generated by the develop- ment has been conducted by the appropriate County departments and agencies and by the SWFRPC. 6. The Development is consistent with the report and recommenda- tions of the SWFRPC submitted pursuant to Subsection 380.06 (11), Florida Statutes. -2- 7. The development is consistent with the land development regulations of Collier County. 8. The development will not unreasonably interfere with the, achievement of the objectives of the adopted State Land Devel- opment Plan applicable to the area. 9. The development is not in an area designated an Area of Criti- cal State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. B. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled November 6, 1986, that the Development of Regional Impact Application for Development Approval submitted by Ross McIntosh, Agent, .is hereby ordered approved subject to the following conditions as recommended by the SWFRPC or in response to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: 1. DRAINAGE /WATER QUALITY: The applicant has proposed a surface water management system that is conceptual in nature at this time. A crucial component of this development will be in the determination of the discharge elevations for the control structures and- the cypress slough crossing conveyances. The applicant proposes to improve and possibly restore to some degree, the "historic" hydroperiod of this site - after years of being adversely influenced by man's activities. Monitoring activities are still on -going within the site; only when these tests are completed can the proper structures (and elevations) be implemented into the final surface water management design. Therefore, more detailed information will need to be provided through the development review process to assure that the concepts are adhered to and that additional adverse regional impact will not occur. Further information is necessary in order to provide a full analysis of impacts. 3 Conditions: a. The surface water management system shall implement the design standards and water quality "best management, practices" outlined in the Application for Development Approval, response to Question 22 Drainage. b. An ongoing monitoring maintenance and sampling program shall be designed by the Petitioner subject to review and approval by Natural Resources Management Department (NRMD) and the Florida Department of Environmental Regulation to determine concentrations of potential pollutants in the parcel's lakes, preserves, and groundwater. The details of the monitoring program shall be mutually agreed upon between the Petitioner, the NRMD, and the Florida Department of Environmental Regulation at a .date prior to the commencement of site development. Details of the monitoring program are hereby incorporated by reference into this Development Order. The monitoring program shall include: 1. Surface water in lakes, cypress preserves, and other retention areas; 2. Groundwater monitoring of selected locations; 3. Lake sediment monitoring; 4. A sampling frequency adequate to allow assessment of pollution; 5. If any violation of the State water quality stan- dards are attributable to the development, the causation will be modified or stopped (if deemed necessary to NRMD) and remedial action taken and, upon the request of NRMD, more intensive monitoring will occur. Lastly, if during this monitoring program a wellfield protection ordinance is adopted by Collier County, the Woodlands shall be subject to the more stringent of the two programs. C. Storage of any substance identified in the EPA Toxic Substances Control Account List (Chapter 40, CFR 261, also adopted by the State as FAC 17 -30) must be in the 4 facility and the location subject to the approval of NRMD and Water Management Department upon consideration of the recommendations of the Water Quality and Pollution. Control Department Director. Storage of such materials in aboveground and underground tanks shall conform to the minimum requirements provided in F.A.C. 17 -61. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and NRMD; considering recommendations from the Environmental Science and Pollution Control Department Director. In addition, all golf course maintenance related chemicals (i.e., pesticides, insecticides; herbicides) shall be stored in an on —site facility that• is located and /or constructed to prohibit accidental contamination to the proposed project wellfield in the northeast portion of the site and any potential future regional wellfield within the Coral Reef aquifer system. d. The applicant shall coordinate with the Florida Depart- ment of. Environmental Regulation and Collier County in the off —site storage of any hazardous waste, as defined in the Collier County Hazardous Waste Assessment, that may be generated by any business located in the Commer- cial portion of the Woodlands DRI site. This may be accomplished through the use of restrictive covenants or some other type of deed stipulation deemed appropriate by Florida Department of Environmental Regulation. e. The Development Order shall provide that prior to project construction, the developer will provide the information specified within the South Florida Water Management District (SFWMD) Impact Assessment report to the SFWMD, SWFRPC and Collier County for review and that a Conceptual Surface Water Management permit shall be obtained from the SFWMD. Collier County's review shall be conducted according to the provisions of Chapter 380.06(19), S Florida Statutes if requested by Florida Department of Community Affairs (DCA), SWFRPC staff, and appropriate County Departments. f. Should Collier County decide that a new County wide or regional wellfield is to be located within the Coral Reef Aquifer system, then the Woodlands Project shall be subject to land use controls, golf course restrictions and ordinances implemented by Collier County for the area -wide protection of this wellfield. g. The applicant shall coordinate with the owners of the southern adjacent outparcels and the South Florida Water Management District to ensure the integrity of the preserved cypress flowway. All subsequent surface water management permits for these two outparcels shall reflect this coordinated effort. h. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board and the County Engineer. i. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. j. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80 -26, as amended by Ordinance 83 -3, and as may be amended in the future. k. Should an "ultimate legal back -up entity" for the Pumped Surface Water Management System be required by any other regional or state agency, the Developer will be responsi- ble for providing all the necessary documents to establish a perpetual Taxing District for users of the system, and an escrow capital fund for initial adminis- tration and operating expenses, all to the satisfaction -6- .. of the County Engineer and County Attorney. 1. Construction activities on this project shall be coordi- nated with construction contracts to implement improve- ments to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendation of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. M. When required by the County, the developer agrees to contribute his fair share on a pro -rata tributary area/ run -off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal water- shed. 2. ENERGY: The proposed project would be an all electric develop- ment and would increase the energy demands of the Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Conditions: - a. Provision of a bicycle - pedestrian system to be placed along arterial and collector roads within the project. This system is to be consistent with applicable county requirements. , b. Provision of bicycle racks or storage facilities in recreational, commercial and multi - family residential areas. c. Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the project area. d. Use of energy - efficient features in window design (e.g., tinting and exterior shading). e. Use of operable windows and ceiling fans. —7— f. Installation of energy- efficient appliances and equip- ment. g. Prohibition of deed restrictions or covenants that would. prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). h. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. 1. Installation of energy- efficient lighting for streets, parking areas, and other interior and exterior public areas. j. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, F.S. k. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. 1. Planting of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. M. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. n. Planting of native shade trees for each residential -unit if native shade trees do not exist for each residential unit. o. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. p. Provision for structural shading (e.g., trellises, awnings, and roof overhangs) wherever practical when -'8- natural shading cannot be used effectively. q. Inclusion of porch /patio areas in residential units. r. Consideration by the project architectural review commit -. tee(s) of energy conservation measures (both those noted here and others) to assist builders and tenants in their efforts to achieve greater energy efficiency in the development. 3. FLOODPLAIN /HURRICANE EVACUATION: The Woodlands DRI location has a natural elevation of twelve to fourteen feet above mean sea level and is:well beyond the expected flooding areas of hurricanes in categories one through three. However, the project area is on a major evacuation route for the county and one mile east of an I -75 interchange offering excellent access to and from major evacuation routes. - The potential for on -site public /common areas to be used as public hurricane shelters would provide a use of regional benefit. Condition: a. The applicant shall meet with Collier County Disaster Preparedness Officials to identify those public areas that may be used for shelters in the commercial portions and /or golf course clubhouse of the project as storm shelter and /or staging areas. 4. HISTORICAL /ARCHAEOLOGICAL: No historical or archaeological sites are known to exist on the Woodlands DRI site, however, a regionally significant burial site is located immediately east of the site and the project area has never been subjected to a systematic professional survey. Based on data from environ- mentally similar areas in Collier County, it is likely that sites will be found within the project. The Department of State, Division of Archives, History and Records Management has expressed similar concerns. Conditions: a. A systematic professional survey shall be carried out within-all areas identified as likely to contain histori- cal /archaeological sites prior to commencement of con- struction. Copies of the survey shall be sent to the State Division of Archives, the Collier County NRMD and SWFRPC. Both the survey method and the report shall be. reviewed and approved by the State Division of Archives and Collier County Natural Resources Management Depart- ment, and this shall be done prior to any land clearing or ground disturbing activities. The personnel or agency performing the survey shall be approved by the State Division of Archives and the Natural Resources Management Department. All recommendations by the above offices shall be incorporated into a Development Order Amendment following the procedures established in Chapter 380.06, F. S. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discov- ered, all development at that location shall be immedi- ately stopped and the State Division of Archives and Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Depart- ment or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Depart- ment will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Evaluation of a historical /archaeological site shall include but not be limited to its determination as a site of regional or local significance, impact minimization by incorporating the site into preservation or green space areas, or other mitigation actions. b. The State Department of Archives and the County NRMD shall be 'provided access to the project for monitoring purposes any time during the life of the project. 10 5. TRANSPORTATION: a. GENERAL: The Woodlands DRI has direct access to Immokalee Road (CR 846), and will have direct access to the proposed arterial road on the eastern boundary of the Woodlands connecting Carrell Road to CR 846. (1) For purposes of this section, "significant impact" is defined as when the project traffic on any road segment/ intersection equals or exceeds 57 of the Level of Service "C" 'for said roadway segment/ intersection on an annual average daily condition. (2) The Woodlands development is predicted to have a "significant impact" on the following roadway segments: Lee County: Bonita Beach /Carrell Road; I -75 to CR 887 Collier County: CR 951 - Immokalee Road to East Golden Gate Boulevard - Vanderbilt Beach Road to Pine Ridge Road Immokalee Road - Goodlette Road to U.S. 41 - Goodlette Road to Airport Road - Airport Road to Livingston Road extension - Livingston Road extension to I -75 - I -75 to Oaks Boulevard - Oaks Boulevard to Woodlands main access road entrance - Woodlands main access road and CR -951 (3) The following intersections are predicted to be "significantly impacted" by the Woodlands project: Immokalee Road at Airport Road Immokalee Road at Livingston Road extension Immokalee Road at I -75 Immokalee Road at Oaks Boulevard Immokalee Road at Logan Boulevard extension Immokalee Road at Parklands South access road -11- Immokalee Road at CR 951 CR 951 at West Golden Gate Boulevard Immokalee Road at Goodlette Road Airport Road at Vanderbilt Beach Road Airport Road at Pine Ridge Road Pine Ridge Road at CR 951 (4) The Woodlands actual impact on the road segments and intersections specified in (2) and (3) hereof and the service level of each of the above referenced ,road segments and intersections shall be empirically determined by the County using the monitoring reports required by CONDITION (1). (5) The County has adopted a Road Impact Fee Ordinance, Ordinance No. 85 -55 and the developer, or its successors in interest, shall pay the "impact fees" specified by said ordinance for all development in the Woodlands. i These impact fees, together with that portion of gasoline taxes and ad valorem taxes generated from the project and its inhabitants and programmed for road improvements, together with the dedication of right -of -way specified as CONDITION (2), shall mitigate the transportation impacts reasonably attributable to the Woodlands development. (6) An analysis of the County's proposed schedule for improvements to the roadway segments and intersections significantly impacted by the Woodlands indicates that the local government will be able to provide the transportation facilities at the approved level of service "consistently" with the development schedule for The Woodlands as set forth in the PUD document, with the potential exceptions of that section of County Road 846 from I -75 to CR 951 and that section of Bonita Beach /Carrell Road located in Lee County. (i) By adopting this development order Collier County is making no commitment to improve Carrell Road or any other road in Lee County, however, CONDITION (4) shall be applicable. -12- (ii) By adopting this Development Order, Collier County has determined that if the developer complies with CONDITION 3, it will have made adequate provision, for its impacts on the roadway segment of CR 846 between I -75 and CR 951. (7) Collier County, although it has estimated the time frame in which each of the road segments /intersections significantly impacted by this development shall need improvement to maintain the requisite level of service adopted by the County, as the same may be amended from time to time, and has ascertained that it can provide the transportation facilities consistent with the development schedule of The Woodlands, makes no guarantee that said roadway segments /intersections shall,not fall below the requisite level of service in spite of this commitment of the County to provide said facilities consistent with the Development Schedule. (8) By accepting this Development Order, developer understands and agrees that, although the proposed schedule of the County for improving the roadway segments /intersections significantly impacted by The Woodlands _would indicate that it will have the ability to keep the necessary transportation improvements at the requisite level of service consistent with the development schedule of The Woodlands, the County is not guaranteeing the same and developer understands and agrees the .County shall not be liable for its inability to have said facilities available consistent with the development schedule of The Woodlands. b. CONDITIONS: (1) The applicant shall submit an annual monitoring report to the Collier County Engineering Department, Collier County MPO, FDOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report -13- shall be submitted at the time of the issuance of the first Certificate of Occupancy for development at The Woodlands. Reports shall be submitted annually, thereafter until buildout of the project. The reports, at a minimum, shall contain traffic counts taken at the access points to the site and turning movements to each of the intersections listed in a(2) above. (2) The developer shall dedicate right -of -way along the eastern boundary of the project to be utilized as part of the County's future arterial network system. The developer shall dedicate enough right -of -way so that the County will have 120 feet of right -of -way from County Road 846 to the northern project boundary, taking into consideration the existing 30 foot easement on the west border of Section 22 for approximately the first one -half mile on the southerly portion of Section 22. (3) Although impact fee payments are generally reserved for collection at the time of building permit, developer shall pay impact fees for the residential units projected to be constructed within the next ten year period (using the PUD phasing plan) if the following occurs: (i) that-portion of CR 846 between I -75 and CR 951 exceeds Level of Service "C" on average annual daily condition, and (ii) The Woodlands traffic, at that time, constitutes 5% or more of the traffic on said roadway segment, and (iii)the County is prepared to enter into a contract for four - laning of said roadway segment. (4) (1) If Level of Service "C" on an average annual daily condition for any regional roadway segment /inter- section identified herein is exceeded and project traffic on said roadway segment /intersection equals or exceeds 51 and is less than 10% of the Level of Service "C" service volume (utilizing generalized service volumes as established by FDOT); and =14— (a) the roadway improvement necessary to return to Level of Service "C" or better condition, is not programmed on the applicable MPO or Collier. County five year traffic improvement plan with identified funding; or (b) if such programmed improvement is deleted from said five year traffic improvement plan; or (c) if five years pass without the start of construction of said improvement; or (d) the level of service on any said roadway segment/ intersection exceeds level of service D on an annual average daily condition prior to the construction of the programmed improvement; then Developer shall, within ninety (90) days, file a petition with Collier County for a determination 1 of whether a substantial deviation has occurred in accordance with subsection 380.06(19), Florida Statutes (1985). If it is determined that a substantial deviation has occurred, the developer may continue development during substantial deviation DRI review until an .amended development order is issued, provided that the amended development order is issued within six (6) months of the date of the substantial deviation determination. Further development will be authorized and conditioned by the final amended development order. (ii) If Level of Service "C" on an average annual. daily condition for any regional roadway segment /inter section identified herein is exceeded and project traffic on said roadway segment /intersection equals or exceeds 10% of the Level of Service "C" volume (utilizing generalized service volume as established 15 by FDOT); and (a) the roadway improvement necessary to return to level of service C or better condition is not. programmed on the applicable MPO or Collier County three year traffic improvement plan with identified funding; or (b) if such programmed improvements deleted from said three year traffic improvement plan; or (c) if three years pass without the start of construction of said improvement; or (d) the level of service on any said roadway segment/ intersection exceeds Level of Service "D" on an annual average daily condition prior to the construction of the programmed improvement; then a substantial deviation shall be deemed to have occurred. The developer may continue development during said substantial deviation DRI review until an amended development order is issued, provided that the amended development order is issued within six (6) months of the date of notice that a substantial deviation has occured. Further development will be authorized and conditioned by the final amended development order. (5) The developer shall provide a fair share contribution toward the capital costs of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County.: ~ (6) If four - laning of CR 846 in front of the project has not commenced prior to development of commercial or residential units within the project, the developer shall provide an eastbound left turn storage lane and westbound deceleration lane at each project entrance before any Certificates of Occupancy are issued for the units which would be using that project entrance. 16 (7) The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. (8) The applicant assigned a significant number of Woodlands trips to the proposed Parklands South Access Road from the Parklands boundary southward, in Phase IV (ending 2004) of the Woodlands. The applicant also assigned a significant number of Woodlands trips to the proposal Livingston Road between Immokalee Road and Vanderbilt Beach Road during Phase V (ending 2007). If these road segments are not constructed by the specified Phase, the project shall undergo a determination as to whether a substantial deviation has occurred. An amended development order shall be rendered after any substantial deviation determination, whether found to be a substantial deviation or not. 6. VEGETATION AND WILDLIFE: The applicant has identified the potential for certain species to exist in preservation areas on the site. The primary issue of regional concern is project impacts to 15 species of birds, 2 species of reptiles and 2 species of mammals which are endangered, threatened, or are species of special concern that may grow, feed, nest and breed on The Woodlands site. Conditions: a. The applicant commits to deed restrictions, upland buffer areas, and cypress preservation areas to protect the endangered, threatened or special concern species. b. A survey for any eagle and woodstork nesting activities shall be conducted prior to commencement of development. Copies shall be sent to Collier County NRMD, the SWFRPC and Florida Game and Fresh Water Fish Commission. C. All exotic plants, as defined in the Collier County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be • �17— implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with, and approved by the Natural Resources Management Depart- ment. d. Once specific site clearing plans are submitted, bounda- ries of areas proposed for development shall be set and flagged in the field by the petitioner, subject to approval by NRMD. Boundaries of areas proposed for preservation shall be set and flagged in the field by the petitioner, subject to approval by NRMD. Precautions by work crew supervisors working close to planned preserve areas shall be encouraged in order to minimize wildlife and preservation area disturbances. e. The petitioner shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal (United States Fish and Wildlife Service) stipulations concerning protected plant and animal species. f. A site clearing plan shall be submitted to the Natural Resources Management Department for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. g. Native species shall be utilized, where available tb the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Devel- opment Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site land- 18 scaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construc- tion or due to past activities. 7. WETLANDS: The Woodlands site contains a total of 358 acres of wetlands which accounts for 727 of the total site. Most of the cypress and a major portion of the transitional wetlands are part of a major slough system which traverses the eastern portion of the site. As a result of pumped discharges associ- ated with the agricultural operations located both west and north of the project site, along with drainage improvements such as the canal located immediately south of the project site adjacent to Immokalee (CR 846) Road, the overall site has experienced an altered hydroperiod. Presently the exotic melaleuca is diffused throughout the site, but no specific locations or acreages of impacted areas have. yet been delin- eated. The applicant estimates that up to 119.6 acres or 33% of the wetlands will be impacted by roads, golf cart crossings, lakes and the golf course. As mitigation for wetland impacts, the applicant has committed to a series of mitigation measures such as wetland and upland buffer zone preserve areas, upland preserve areas., lake littoral and limnetic zone creation, exotic invaded wetland restoration and hydroperiod restora- tion. Conditions: a. The applicant commits to wetland preservation, wetland mitigation and water management design presented within the ADA and sufficiency documents which are incorporated as conditions of approval. b. Prior to the implementation of each phase of the develop- ment, more detailed information shall be submitted to the Florida Department of Environmental Regulation, SFWMD, SWFRPC, and Collier County NRMD for review, which pro- vides the following information: ,f9- C_.. r 11 1. Ecological health condition and function of each wetland to be impacted. 2. A more precise identification of which wetland area, will be destroyed, based on the above survey and the application of the proposed wetland resource manage- ment guidelines. 3. Historic water levels to be maintained within wetland preserves to serve as a design and review guide. 4. More detailed information on how the water manage- ment system will maintain ,historic water levels within each wetland preserve. (Placement and design of the adjustable structures, equalizer swales and culverts.) 5. A maintenance plan to maintain the overall ecologi- cal integrity of wetland preserve areas. 6. An annual report from the Homeowner's Association to regularly monitor compliance with deed restrictions for residential setbacks and preservation. C. The Collier County review shall be conducted according to substantial deviation determination provisions of Chapter 380.06, F.S. 8. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN: The subject property is designated as Urban on the Future Land Use Map and meets the necessary rating points for the proposed density of 2.92 units per gross acre. In addition, the project meets the criteria for the. proposed land uses. Therefore, the develop- ment complies with the Comprehensive Plan. 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provid- ed the timing basis for this review. If this phasing schedule is significantly altered by the applicant then many of the —20— i basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and /or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Depart- ment of Community Affairs and all affected permit agen- cies as required in Subsection 380.06(18), Florida Statutes. C. The development Phasing Schedule presented within the ADA, and as adjusted to date of development order approval and /or permit approval is incorporated as a condition of approval. If Development Order conditions and Applicant Commitments incorporated within the Development Order to mitigate _regional impacts, are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be deemed to be a substantial deviation for. the affected regional issue. 10. FIRE: a. Prior to the issuance of any building permits, a fire station serving this project must be operating with five (5) miles of the project. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval with supplemental documents and the Application for Public Hearing -21- for rezoning with supplemental documents that are not in con- flict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by refer- ence. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Develop- ment Order. 3. This Development Order shall remain in effect for 20 years, the estimated duration of the project. However, in the event that significant physical development has not commenced within Collier County within five (5) years, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include• roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 4. The applicant or their successors) in title to the subject property shall- submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present; ? 22- a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectiveness of this development order as provided herein. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County may order a termi- nation of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. 7. The definitions contained in Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 8. This Order shall be binding upon the Developer, assignees or successors in interest. 9. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. '=23— 11. This resolution shall become effective as provided by law. 12. Certified copies of this order are to be sent immediately to the Department of Community Affairs, Southwest Florida Region- al Planning Council. DULY PASSED AND ADOPTED this 6thday of November 1986. DATE: November 6, 1986 BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA r ^� ATTEST: BY JAMES C. GILES,CLERK 4 Irg 'Magri 4i M, ,CHAIRMAN ' :7 4 Deputy lerk • ;.APPROVF.D:AS TO FORM AND LEGAL SUFFICIENCY KENNET� ,_ XUYLE `yam COT�012NEY WOODLANDS DO PETITIONER -24- STATE OF FLORIDA COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: Ordinance No. 86 -75 and Development Order 86 -1 adpoted by the Board of County Commissioners on November 6, 1986 as it appears on file in the office of the Clerk to the Board, Official Minutes and Records for the Board of County Commissioners. WITNESS my hard and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of February, 1987. JAMES C. GILES Clerk of Courts and Clerk Ex- officio to the Board-of County Commissioners L BY-- lbuuase Chesonis Deputy Clerk rd , l' .r iy i�• S; air rI NO, QEC�•�'! =�S Qi� 2• L� u.�� hOV 2S ORDINANCE 86 -_2.5_ SF-.Ati'ORDINANCE AMENDING ORDINANCE 82 -2 THE COM- f,C�_ PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY M AMENDING THE ZONING ATLAS MAP NUMBER 48 -26 BY c,) CHANGING THE ZONING CLASSIFICATION OF THE HEREIN m DESCRIBED REAL PROPERTY FROM A -2 AND A -2 "ST" TO v "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE < WOODLANDS FOR 1460 DWELLING UNITS, 15 ACRES OF COMMERCIAL USES, AN 18 HOLE GOLF COURSE, AND to APPROXIMATELY 91 ACRES OF PRESERVATION AREAS, v FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1.3 MILES EAST OF I -75 IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, + 500.11 ACRES; AND PROVIDING AN EFFECTIVE DATE. P G y � r+ ' -c WHEREAS, Ross McIntosh, representing Immokalee Road Partnership and Greg Cabiness, petitioned the Board of County Co=issioners to change the Zoning Classification of the herein described real property; 'IOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida is changed from A -2 and A -2 "ST" to "Pi1D" Planned Unit Development in accordance with "The Woodlands" PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 48 -26, as described in Ordinance 82 -2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice thet is has been filed with the Secretary of State. DATE: N —enber 6, 1986 BOARD OF COUNTY COMMISSIONERS U " COLLIER CO TY, FLORIDA r CG -'A7TXST:- L DY: (s i PA�{ES' C. `GILE$p rLRK OH A. PISTOR, CHAIRMAN i ordinance filed with the ltjhl�ni3 Magr' i' --� ?G / Th s Cic'iJc^. Secretary of $iota's Off' :e the AP�RQVEO 11 TO FORM AND LEGAL SUFFICIENCY day of �a'�^"— z n,,,,,,.. and acknowledgement of that filing received is ll= -'ioy of .2 KENNETH B. CUYLER 3DOK 2IA;[ Ql Dy wfyCwft �J COLLIER COUNTY ATTO EY R- 83 -26C Ordinance :W� i. THE WOODLANDS PLANNED UNIT DEVELOPMENT DOCUMENT aF PREPARED BY: GEORGE L. VARNADCE Young, van Assenderp, Varnadoe & Denton, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 33963 1w DATE ISSUED: December 1, 1983 DATE REVISEI)i October 20, TM DATE APPROVED BY CCPC: October 2, 19B6 DATE REVISED: November 6, 19816 DATE APPROVED—" BCC: N o v FF ORDINANCE NUMBER; 86-75 N A, "4 `25 02 1w , m�� K�� m�� ^ omm ` � .`� -- — zmmLu OF comrmyzo oorTzon z, Statement of compziance, . . . . , . . . . . . . l oncTzon zz Property Ownership a General Description. ' 2,01 Introduction and Purpose , . . . , . , . , . , . , . z 2.02 Name ' ' ' . . ' ... . . . ' ' . , . . ' . , . . . . z �2,03 Legal Description . . , . , . . . . , . ' , . . , , . z �2'04 Title to pronertv. . . . . . . . . . , , , . . . . . z | � 2,05 General Description.'. , , , z z'oo Development a rcvctinnazinnti�n oc zcac�s, . . . . . z � 2.07 noo Conceptual Site Plan Approval prvcess, , . . . . n 2.00 Site Development Plan Approval rcoceso , . . . . . , * xocrIox zzz, Project ocveznpmvnt. . , , . , . , , . . . , . 4 3'01 pucnnme. . ' . , , . . . . . . ' . . . , . . . ^ ^ . * 3'02 uvnncaz Plan of oe,ezopment, , , . , , . . . , . . ^ ^ 3.03 weuonuu . . , ' ^ ^ , . ^ . . ^ , . . , , . . , . , * socrznw Iv, Land Use and Regulation , . , . . , . . . , . . s 4.0',- ro ' . , . . . , , . . . . , . , , . . ' . . . . s � 4,02 Project Plan & Land Use Tracts . , . ' , , ' . ' . ' s . 4,03 Project Density. * . s ^ �.o^ se�v�n�e ^n� sc�euuz�ne, , . . , . . . . . , . , , . 5 4.05 Recreational Facilities and ocxeuuze . . . . . . . . s socrzon v, Golf coursc. . , , . . , , . . . . . . , . . . . 7 ^ 5.01 purpoue. ' . ' . , . . . . . . . , , . . . . . . , , 7 � s'vz Permitted Uses *na stcwctucws. . . . . . , . . . . . 7 oocrIn* VI, Nature Preserve a wildlife manctuary. , . . . . o 6'01 pvrpose. . . . . , , . . . . . . , . . . . , . . . , o ^` '. 6.02 punct/on . ' . . . . . . , . . . . . , . . . . . . . u 6.03 Treatment use' . . , . . . . . 9 o.o* Permitted Uses and utrpctvr�u. . , . , . . , . . . , y 6,05 Regulations ' ' , . . . . , . . . . . . . . . . . . , zo oncrIow vzz' Detached Single Family . . . . . . , . . . . . zo 7.01 pucnuoe. , . . , .-. . , . . . . , . , . . , . . . . zo 7.02 Maximum o°ezziny Units , . , . . , . . . . . , . . , zo r'oa Permitted ouos a otructurew. . , , . . . . , . . , . zo r'o« Regulations. . . ' . , . . . . . . . ' . . . . . , . 11 aocrzom vzzz' Villas - r�wnx�pow� - o�uw�wr . . . . . . , , zz o . u� u . ' . , . . . . . , , . . . , . . , , , , Purpose we �owv . . 12 8.02 maximum o°ooinn on/to . , . . . . . . . . . . . . . lz 8,03 Permitted Uses o otructurwv. . . , . . . . . . , . . lo 8.04 Regulations. . ' ' . . , . . . ' 13 .�. sucrzox IX, Garden xpactmen�o . ' . . . ' ' . . , . . . , . 1* 9'01 nureose' , ' ' ' ' ' . ' ' ' . ' . ' ' . . ' . . . ' z« � o'oz xaximom ovezz1ny Units , . . . . , , . . . . . . . . 14 9.03 uuwo Permitted , , . . . . . , . . , . . . , . . . , 14 9.04 nrquz*tivns' , ' ' . . . . ' . , , , . , . , . . . , 15 , m�� K�� m�� ^ omm ` � .`� -- — SECTION X, Community Shopping & Business Office Center . . .16 a 10.01 Purpose. . . �Uses .16 10.02 Permitted & Structures. .16 10.03 Minimum Yard Requirements . . . . . . . . . . . . . .18 10.04 Building Separation. . . . . . . . . .18 10.05 Minimum Floor Area ofPrincipal Structures . . . . .19 10:06 Maximum Height . . .19 10.07 Minimum Off- Street Parking & Off- Street•LOading Requirements . . . . . . . . . . . .19 10.08 Minimum Landscaping Requirements . . . . . . . . . .19 10.09 Signage. .Plan .19 10.10 Conceptual Site Review, . . . .19 10.11 Size..... • • .. .................19 SECTION XI, General Development Commitments. . . . . . . . .19 11.01 Purpose. . . . . . . . . . .19 11.02 PUD Master Development Plan. .19 11.03 Clearing, Grading, Earth Work &•Site Drainage. .20 11.04 Utilities. . . . . . . . . . . . . . . . . .20 11.05 Solid Waste Disposal . . . . . . . . . . . . . . .25 11.06 Recreational Facilities . . . . . . . . . . . . . . .25 11:07 Traffic Improvements . . . . . . . . . . . . . . . .25 11.08 Streets. . . . .26 11.09 Exceptions to.County Subdivision Regulations .26 11.11 Polling Places . . . . . . . . . . . . . .27 11.12 Environmental Stipulations . . . . . . . . . . .27 j 11.13 water Management Stipulations. . . . . . . . . . . .29 11.14 Fire Station ........... .............................30 l^ .l •;' SECTION I STATEMENT OF COMPLIANCE This development of approximately 500 acres of property in Section 21, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as THE WOODLANDS will Com- ply with the planning and development objectives of Collier County as net forth in the Comprehensive Plan. The residential and com- mercial aspects of the development together with associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: !; 1. Project development will be compatible with and com- plimentary to the surrounding land uses. 2. The Project shall comply with the applicable zoning and other regulations. 3. The subject property has the necessary rating points to determine availability of adequate community fa- cilities and services. 4. The Project shall utilize natural systems for water management,such as existing drainage areas and environmental sensitive areas in accordance with their natural functions and capabilities. 5. The development areas are being well separated from the environmental sensitive areas and the value and functions of the environmental sensitive areas will ;. not be unduly adversely affected by the development. SECTION II .f PROPERTY OWNERSHIP Z GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE I.. It is# the intent of the owner and project coordinator to establish and 4evelop a Planned Unit Development on approximately 500 acres of property located in Collier County', Florida, on the north side of David C. Brown Highway, approximately 1.3 miles east of I -75. It is the purpose of this document to provide the required detail and data concerning the development of the property. is , b bon 025 nst 0") 2.0 2 NAME The development shall be known as THE WOODLANDS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B ". r 2.04 TITLE TO PROPERTY The property is owned by the Immokalee Road Partnership (beneficial interest) and Greg Cabiness. A list of the record title holders is attached as Exhibit "1 ". The project coordinator is Ross W. McIntosh, whose addr ^ss is 1000 Kings Lake Boulevard, Suite 204, Naples, FL 33942. Evidence of unified control of property is furnished as'Exhibit "1 ". 6 2.05 GENERAL DESCRIPTION The general location of THE WOODLANDS, the current zoning classi- fications of surrounding properties, and nearby land developments '.' are illustrated by Exhibits "A /C ", "Existing Land Uses ". At the time of this application the property was zoned agriculture. Certain portions of the property were designated special treatment areas as shown in Exhibits "A /C ". 2.06 DEVELOPMENT AND FRACTIONALIZATION-OF-TRACTS A. When the develo 'per sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Administrator for approval, prior to the development of the tract by the developer or prior to the sale to a suhsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. B. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.06, in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the.fractional parts therein and the square footage assigned to each of the fractional parts. The drawing, shall also show the location and size of access to those fractional parts that do not abut a public street. -2- 4� b0ox 025 FJ' 1i 06 4 C. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.07 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. D. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Zoning Ordinance requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. E. In evaluating the fractionalization plans, the Adminis- trator's decision for aproval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. F. If approval or denial is not issued within ten (10) working r days, the submission shall be considered automatically approved. , 2.07 PUD CONCEPTUAL SITE PLAN APPROVAL-PROCESS When PUD Conceptual site plan approval is desired or required by this document, the following procedure shall be followed: A. A written request for conceptual site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the conceptual site plan will be in harmony with the general intent and_purpose of this document. Such material may include, but is -.not limited to the following, where applicable: 1. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off- street loading areas; yards and other open spaces. 2. Plans showing proposed locations for utilities hookup. +, 3. Plans for screening and buffering. B. In the case of clustered buildings required property •" development regulations may be waived or reduced provided a site plan is approved under this section. -3- eoox 025 oA::t 07 C. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a specific fee for Conceptual Site Plan 4' Fteview is adopted. '{ D. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. 2.08 SITE DEVELOPMENT PLAN APPROVAL-PROCESS Site Development Plan approval, when desired or requested by this document, shall follow the procedure as outlined in the Zoning Ordinance. SECTION III PROJECT DEVELOPMENT Z,. 3.01 PURPOSE ' The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. =4. 3.02 GENERAL PLAN OF DEVELOPMENT 'f The general plan of development of THE WOODLANDS is for a planned residential community carefully integrating a mixture of single family and multi - family dwelling units with a golf and country club, neighborhood commercial, business and office center, water r: recreational facilities, bicycle and jogging trails and protected wetlands. 3.03 WETLANDS Ttie applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. ' t t` -4- bou 025r.- = VO 4 ' 1 If SECTION IV LAND USE AND REGULATION 4.01 PURPOSE 's �• The purpose of this section is to set forth the land use and regu- lations for development of the property identified on the master plan. 4.02. PROJECT PLAN & LAND USE TRACTS Ts The project plan, including street lay -out and land use, is illus- trated in Exhibit "E ", "Development Plan ". Include6 is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accomodate topography, vegetation and other site conditions. The specific location and size of individual tracts shall be submitted to the Director prior to application of building permits in accordance with Section 2.06, Development and Fractionalization of Tracts. 4.03 PROJECT DENSITY ±� The total acreage of the THE WOODLANDS is approximately 500 acres. .` The maximum number of dwelling units to be built on the total acreage is 1460. The number of dwelling units per gross acre is approximately 2.92. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. ( 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property= however, it is estimated that total build out will take '( approximately seventeen to twenty years. Exhibit "F" indicates, by phase, the estimated absorption of units (by unit type) over the approximate life of the build out of the project. The estimate may, of course, change depending upon future economic s1 factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE r The following recreational facilitieg are scheduled to be con- structed for the use of the residents of THE WOODLANDS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build -out. E. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres); -5- I 1 aoa� 025n, - ;! 09 �4 • ;y 2. Swimming pool; 3. Bicycle paths and sidewalks; 4. Nature trails; <'. 5. Passive recreational uses of wetlands and transitional areas (Preservation 91.40 acres minimum); r 'k 6. Parks (3.9 acres minimum). * Subject to receipt of necessary environmental and other permits and approvals from applicable governmental agencies. 'j TABLE • 1 T A E W O O D L A N D S LAND•USE•SCHEDULE LAND USE TYPE , DWELLING UNITS Detached Single Family 125 Villas /Townhouses /Cluster 258 Garden Apartments 1,077 TOTAL, 1,460 ACREAGE C1.7c tou 025 °arli 10 RESIDENTIAL 159.0 Acres COMMERCIAL (200,000 sq. ft. maxitnum) 15 + /- Acres ,/ Y GOLF AND COUNTRY CLUB 117.41 Acres 'f. NATURE PRESERVE, PARK AND WILDLIFE SANCTUARY 91.40 Acres *Exact acreage to be determined at time of site development and fractionalization, but will not exceed 15 acres. C1.7c tou 025 °arli 10 r.� t." f; SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E ", "Development Plan", as Golf Course. 5.02, PERI4ITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal-Uses-and-Structures 1. Golf Course 2. Colf Clubhouse and Country Club 3. Water Management Facilities H. Permitted Accessory Uses • and -Structures 1. Pro -shop, practice driving range, and other customary accessory uses of golf courses or other recreational facilities. 2. Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities. 3. Shuffleboard courts; swimming pools, and other IVtypes of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non - commercial plant nursery. it j,. i -7- $ODA 925P :=! 11 r ,i r i V.r . min ®� C. General Requirements 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Buildings shall he set back a minimum of fifty (50) feet from abutting residential districts and twenty five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone: 3. Lighting facilities shall be arranged in a manner which will protect roadways and neigh- boring properties from direct glare or other interference. D. Maximum Beight Fifty (50) feet above the finished grade of the lot. E. Off- Street-Parking The off - street parking will be as required by the zoning ordinance of Collier County. F. Off- Street Parking Landscaping Landscaping.shal'1•be provided as required by the zoning ordinance of Collier County. G. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section 11 hereof. SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY i• ?- 6.01 PURPOSE The purpose of this section is to set forth the function, treat- ment and use of the Preservation Area designated as such on Exhibit "E ". 6.02 FUNCTION We -Primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of 6" water during rainy seasons and a ground recharge area as well as a I . is f -8- 600K G25 P: _t .12 water quality improvement facility. The area will also provide .' unique recreational opportunities and an aesthetic experience for z;• the pleasure of project residents. 6.03 TREATMENT USE e. The treatment of these areas shall be the preservation and protec- tion of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Natural Resources Management Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Natural Resources Management Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaluca, Schinus, and others in accordance With County Ordinances 82 -37 and 82 -113 as amended, will bi required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio- physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow -way which will provide additional retention, filtration and uptake of materials within th6 water column. [See Water Management Plan submitted with this application or as my be revised and /or updated for further details.] In areas of vegetative types which are protected by ordinance or law, development shall be limited so as to preserve and maintain the vegetation as much as practicable. Minor passive recreational facilities may be permitted upon approval of the Natural Resources Management Department, Planning Department and any other appropriate County Departments upon submittal of conceptual site plan. The final design and location of roadways and water management berms crossing this area shall be approved by the County Engineer, Natural Resources Management Director, other appropriate County departments, and other governmental permitting agencies. 'b. 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered +, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal-Uses-and-Structures . LimlUeo access roads. 2. Nature trails and Boardwalk. 3. Paths and bridges to provide access from the uplands through the area. BOOK 0,25° ='+T lc) \i ) as as F I 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Director and Natural Resources Management Director. B. Permitted Accessory Uses and Structures. 1. Accessory uses and structures customarily associated with the uses permitted in this district, upon approval by Director and Natural Resources Management Director. 6.05. REGULATIONS A. General 1. All development including clearing, grading and /or other earth work shall be in accordance with the commitments in Section XI of this document and approved by the Natural Resources Management Department. 2. All structures or other development shall be subject to receipt of necessary permits and authorizations from applicable County, State and Federal Governmental agencies. SECTION VII DETACHED SINGLE•FAMILY 7.01 PURPOSE r; The purpose of this section is to set forth the regulations for (' the parcels designated on Exhibit "E" "Development Plan" and Table 1 as Detached Single Family (S.F.). F. 7.02 MAXIMUM DWELLING UNITS A maximum of 125 dwelling units may be constructed in S.P. areas. 7.03 PERMITTED USES 4 STRUCTURES No building or structure, or part thereof, may be erected, altered or used; or land or water used, in whdle or in part, other than the following: A. Permitted Principal,Uses &-Structures 1. Single family detached dwellings. 2. Water management facilities a• 4 -10- BOOK 025!,_, 14 3. Open spaces and related recreational ¢ facilities. B. Permitted Accessory 'Uses 4 Structures 1. Customary accessory uses and structures, in- eluding private garages. 2. Model homes in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. •, 3. Temporary sales facilities for a specific project for the initial sale of residences or lots as permitted by zoning ordinance in effect at time building permit is requested. i t 7.04 REGULATIONS A. General All yard set backs, etc., shall be in relation to the individual lot line boundaries. B. Minimum Lot Area All lots in this section shall have at least (8,000) square feet. C. Minimum Yard Set Backs 1. Front yard - 25 feet. 2. Side yard - 10 feet. 3. Rear yard - 15 feet. D. Minimum Floor Area Mimimum floor area shall be 1250 square feet. E. Off- Street Parking Two parking spaces shall be required for each dwelling unit. F. Maximum Height Thirty five feet above finished grade of lot. Accessory buildings limited to fifteen feet above finished grade of lot. G. Minimum Lot Width ,ou 025 mi 15 1. Corner Lot - 95 feet. 2. Interior Lot - 80 feet. SECTION VIII VILLAS - TOWNHOUSES—CLUSTER r rj 8.01 PURPOSE The purpose of this section is to set forth the regulations for the areas designated on Exhibit "E" Development Plan and Table 1 as Villas - Townhouses - Cluster ( "V /T11 "). 8.02 MAXINUH DWELLING UNITS A maximum of 258 dwelling units may be constructed in all of the "V /TH" parcels. 8.03 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, other than »� the following: A. Permitted Principal Uses &-Structures h 1. Single family units as individual structures or as combinations up to and including eight at- tached units per structure. Such unit types as single family attached, duplex., patio, cluster attached, cluster detached, villa attached or detached, townhouses and zero lot lines are 1 permitted. 2. water management facilities. 3. Parks, open spaces and other recreational out - °' door facilities. r; 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other } }' similar facilities. I' 5. Sewage treatment, water treatment and water storage. I �. B. Permitted Accessory Uses• &-Structures 1. Customary accessory uses and structures includ- ing privA.te garages, s j. -12- BOOK 025 PI'•= 16 r' Olio I'. s.. 2. Signs as permitted by the zoning ordinance of Collier County in effect at the time a building permit is requested. 3. Model homes in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 4. Temporary sales facilities for the initial sales of units for a specific project as permitted by zoning ordinance in effect at the time building permits are requested. 8.04 REGULATIONS A. i' Site Plan Design The overall site plan design shall be harmonious in terms of landscaping and enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. B. Lighting Facilities ` Lighting facilities will be arranged in a manner which = will protelt rozdways and neighboring properties from direct glare or other interference. C. Maximum Height ., Thirty five feet as measured from the finished grade of the site. D. Minimum Set Back-Requirements All principal use buildings, shall be set back a minimum r of 25 feet from tract boundaries. All other uses shall be set back a minimum of 15 feet from fractionalized tract boundaries. E. Distance Between-Structures Between any two principal structures - one -half the sum of their heights but not less than 15 feet. F. Minimum Floor Area Principal use structure where identified in Section 8.03 shall be as follows: One story structures shall contain not less than 1000 square feet. w{` -13- t' sao� 025 17 +t _� .. Try .... .i�...� --•- - . will M. � SECTION Ix GARDEN APARTMENTS N 4. 9.01 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Exhibit "E" Development Plan and Table 1 as Garden Apartments ("GA "). L 9.02 MAXIMUM DWELLING UNITS L A maximum number of 1,132 dwelling units may be constructed in all 7 of the Garden Apartment parcels. 9.03 USES PERMITTED 4'. } No building or structure, or part thereof, shall be erected, al- )k�i tered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses z: 1. Multifamily residential buildings. •; 2. Parks, open spaces and other recreational h. facilities. s 3. Water management facilities. 4. Signs as permitted by the Zoning Ordinance in affect at the time a building permit is requested. �i B. Permitted '\ccessory Uses and•Structures 1. Customary accessory uses and structures, in- cluding private garages. 2. Model dwelling units in conjunction with the +' q' promotion of the development for a period not to exceed three years from the initial use as a t' model. 3. Swimming ?ools, tennis courts, racquet courts +` and related facilities., 4. Temporary sales facilities may be permitted for the initial sales of units for a specific project in accordance with zoning ordinance in effect at the time building permits are requested. 5. Signs as permitted by zoning ordinance in effect at time building permit is requested. -14- 40Q£ 025%P=cr 18 Imia ,,, p M looK 025J,1 f. 9.04 REGULATIONS A. Lot Area Two acres minimum. B. Lot Width Two hundred feet minimum. C. Height of Buildings Three habitable•floors above parking. A maximum of seven habitable•floors above parking may bL approved to protect existing natural vegetation upon approval of the Director and Natural Resources Director through a conceptual or final site development plan. Buildings adjacent to the projects boundary property line shall not be approved for the additional height. 7. D. Minimum Yard Setback Fifty feet from major collector roads designated on the Master Plan, twenty-five feet from tract or development parcel lines and/or from the edge of the gutter or private road, twenty-five feet or one-half the height of the structure, whichever is greater, except that detached accessory structures shall be set back twenty feet or one-half the height, whichever is greater. E. Distance Between Structures 1. Between any two principal structures -- one- wi half the sum of their heights. 2. Between any two accessory structures -- one - •' half the Cum of their heights. 3. In the case of cluAtered buildings with common architectural themes, the distance may be less, provided conceptual and/or final site development plan is approved. F. Minimum Living Area 750 square feet of living area per dwelling unit within principal structure. G. Off-Street Parking Principal use structures which are identified herein shall contain a minimum of two parking spaces per dwelling unit. The Director may permit looK 025J,1 f. ( a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Zoning Director. H. Off - Street Parking Landscaping Landscaping shall be provided as required by the zoning ordinance of Collier County in effect at the time a building permit is requested. W. I. Buffer Area hf: A landscaped buffer shall be provided along any tract boundary adjacent to the Woodlands project boundary including adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not i required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of the Zoning Ordinance in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. SECTION X CO"UNITY SHOPPING AND BUSINESS OFFICE CENTER 10.01 PURPOSE The purpose of this section is to set forth the plan and regul tions for the areas designated on Exhibit "E" Development Plan�as Community Shopping and Business Office Center ( "C "). 10.02 PERMITTED USES i STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following; A. Permitted Uses {' 1. Antique shops 2. Appliance stores 3. Art studios, 4. Art supply shops 5. Automobile parts stores * 6. Automobile service stations 7. Bakery shops 8. Banks and financial institutions * Automobile service stations shall only be ..`.lowed from and after two (2) years from the date of this Development Order, unless prohibited or otherwise restricted as provided in Section 11.12(L) hereof. -16- boo ( 025 20 I� I i 9. Barber and beauty shops 10. Bath supply stores 11. Bicycle sales and services 12. Book stores 13. Carpet sales -not including storage or installation 14. Child care center subject to site plan approval) 15. Clothing stores 16. Cocktail lounges 17. Confectionery and candy stores 18. Delicatessens 19. Drapery shops 20. Drug stores 21. Dry goods stores 22. Florist shops 23. Food Markets 24. Furniture stores 25. Gift shops 26. Gourmet shop 27. Hardware stores 28. Health food stores and health facilities 29. Hobby supply stores 30. Ice cream stores 31. Interior decorating showrooms and office 32. Jewelry stores 33. Laundries 34. Liquor stores 35. Locksmith 36. Medical clinics 37. Millinery shops 38. Music stores 39. Offices, general and professional 40. Office supply stores 41. Paint and wallpaper stores 42. Pet shops and supplies 43. Photographic equipment stores 44. Post office 45. Radio and television sales and service 46. Restaurants 47. Shoe sales and repairs 48. Shopping centers 49. Souvenir stores 50. Stationery stores 51. Tailor shops 52. Tile sales - ceramic tile 53. Tobacco shops 54. Toy shops 55. Tropical fish stores 56. variety stores 57. Veterinary offices & clinics (no outside Kenneling) 56. watch and precision instrument repair shops 59. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. -17- tau 025p &,1 21 A _._ oil f "SS n �T. 60. Water management facilities. tY ., LL ' •r. B. Permitted Accessory Uses and Structures .. 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Temporary sales /information facilities may be permitted at the Director's discretion. 10.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all road aye r and tract boundaries. A buffer area of at least 10 feet shall be maintained between parking areas and any roadways or residents 1 parcels. 10.04 BUILDING SEPARATION � All buildings shall be separated 20 feet or one -half the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these dis- tanci:s may be less provided that a site development plan is approved by the Director. 10.05 MINIIIUM FLOOR AREA OF PRINCIPAL STRUCTURES i, one thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permit- ted then site development plan approval has been received. i 10.06 MAXI!!UM HEIGHT 50 feet above finished grade of lot. 10.07 MINIIIUM OFF- STREET PARKING b-OFF- STREET•LOADING REQUIREMENTS As required by the zoning ordinance of Collier County. �3. 10.08 MINIIIUM LANDSCAPING REQUIREMENTS r As required by the zoning ordinance of Collier County. 10.09 SIGNf,GE , Sign:: as permitted by the-Zoning Ordinance in effect at the time a '. permit is requested. x'10.10 CONC);PTUAL SITE PLAN REVIEW I 4: '. 600K C25 PS �T 22 s' w�. i A conceptual site plan for each commercial tract as shown on the Mast Plan shall be submitted for review and approval prior to fractionalization of the tract. I SIZE The existing 11.6 acre commercial parcel on the southeastern cornet of the project can be expanded to a maximum of 15 acres in this location to the wetland demarcation line so long as the entrance does not split the commercial tract. If the best location of the entrance road would split the commercial tract, the same will be subject to approval by the Collier County Planning Commission. SECTION XI ' GF,NERAL DEVELOPMENT COMMITMENTS t• S 11.01 PUFPO:IE The purpose of this section is to set forth the standards for y development of the project. 11.02 PUr) MASTER DEVELOPMENT PLAN t A. The PUD Master Plan and the Development Plan illus- trate a preliminary development plan. B. The design, criteria and g lay-out illustrated in the { Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. ' C. All necessary easements, dedications or other in- struments shall-be executed or granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas, t -19- ;t 'f !in M ?. To protect the integrity of the Planned Unit ., Development, the access roads (with the exception of the commercial area) may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads neces- sary to construct and build certain facilities on the project. G, water management facilities and lakes shall be only '�• the size and depth required to meet the needs of the developer for fill on the property or as required 5., for water management and water quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. 11.03 CLEARING, GRADING, EARTH'WORK'L'SITE DRAINAGE t All clearing, grading, earth work and site drainage shall be pett formed in accordance with all applicable state and local codes,, Environmentally sensitive areas and protected plant species wil be carefully marked and protected during construction using the 5 best available management techniques so as not to harm any such areas or plants. 11.04 UTILITIES i A. Mater and Sewer 1. water distributions and sewage collection and transmission systems will be constructed throughout th$ project development by the developer pursuant to all current requirements of Collier County and the State o Forida. water and sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. Al water and sewer facilities constructed on private property and not required by the County to be located a within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities k` Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer 1} is requested, prior to being placed into service. 2. All construction plans and technical specifications an proposed plats, if applicable, for the proposed water distribution and Sewage collection and transmission -20- sou C25 pv: i 24 '.J ! facilities must be reviewed and approved by the Utili Las w` Division prior to commencement of construction. s•; i3. All customers connecting to the water distribution and sewage collection facilities will be customers of the ! County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and /or sewer s service to the project, the water and /or sewer customers t shall be customers of the interim utility establishedlto j serve the project until the County's off -site water i and /or sewer facilities are available to serve the project. 4. It is anticipated that the County Utilities Division ill :r ultimately supply potable water to meet the consumpti e !r. demand and /or rece ?ve and treat the sewage generated y this project. Should the County system not be in a position to supply potable water to the project and /or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on -site treatment facilities and /or interim on -site sewage treatment and R: disposal facilities adequate to meet all requirements of C the appropriate regulatory agencies. S. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed �• project, state that: r a) The proposed water supply and on -site treatment facilities and /or on -site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and /or off -site sewer f�.cilities are available to service the project. The interim treatment facilities shall supply services only to those lands approved by the County for development. The utility facility(ies) may not be expanded to provide water and /or sewer service outside the development boundary approved by the County without the written consent of the County. A b) Upon connection to the County's off -site water facilities, and /or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of ;e -21- Z03K 025 P,�! 25 ■1m a. Florida standards. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and /or sewer facilities will be made by the owners, the assigns or successors at no cost to the County within 180 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and /or sewer lines necessary to make the connection(s), etc. d) At the time County off -site water and /or sewer facilities are available for the project to connect ith, the following water and /or sewer facilities shall be conveyed to the County pursuant to appropriate Count Ordinances and Regulations in effect at the time: 1) All water and /or sewer facilities constructed in publicly owned rights -of -way or within utility easements required by the County within the proj ct limits and those additional facilities required to make connection with the County's off -site water and /or sewer facilities; or 2) All water and sewer facilities required to connect the project to the County's off -site water and /or sewer facilities when the on -site water and /or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County when County water and /or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's water and /or sewer facilities the Developer, his assignes, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed invent ry of the facilities served within the project and the P entity which will be responsible for the water and /o sewer service billing for the project. -22- BOOK 025 w,, 26 ®Y1�II� MI MGM MRS f) All construction plans and technical specifications related to connections to the County's off -site water and /or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County at its option may lease for operation'and maintenance the water distribution and /or sewage collection and transmission system to the project Developer or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities. The Lease, if required, shall remain in effect until the County can provide water and /or sewer service through its off -site facilities or until such time that bulk rate water and /or sewer service agreements are negotiated with the interim utility system serving the project. B. Data required under County Ordinance No. 80 -112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project, submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on -site water supply, treatment and transmission facility is utilized to serve the proposed project, it mui;t be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D. When the County has the ability to provide sewage treatment and disposal and /or water supply and distribution services, the Developer, his assigns or successors' will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Woodlands ownggr, with the woodlands assuming all costs for the connection work to be performed. E. The project's Owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for -23- N ..� . ao U25Pl:, 27 ..t ' irrigation purposes. The owner would be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, as required by the DER, consistent with the volume of treated wastewater to be utilized The Woodlands has first rights to effluent generated by the project. F. The County may require, and the developer agrees to furnish a site up to 2 acres in size for 2 N.G. storage tank and re -pump facility at a mutually agreeable location. The County has until January 1, 1990 to notify the owner if the site will be required. The owner shall set aside the site for County use. In the event the tank and /or re -pump facilities have not been installed by 1995, the County shall relinquish its interest in the site. It is understood that the County may require the Woodlands to Install a water storage tank on site if County water facilities are not available at the time occupancy of the development has commenced. Should the County desire to oversize these facilities in anticipation of future demands and growth when the County's water facilities are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the developer for such oversizing. G. Construction and ownership of the water and sewer facilities, including any proposed interim water and /or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. H. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and /or water service to the project until the County can provide these services through its water and sewer facilities. I. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system Onder consideration. 11.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an ap- proved solid waste disposal service to provide for solid waste collection service to all areas of the project. _24_ 8004 U2 Ft�E �C7 -k :,. & WA I 11.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas anq facilities and access thereto shall be maintained by a home owners association. In addition, any future recreational facilities, as may be needed by the futare residents of this project, shall b funded through a system of revenues collected by the home owners association. Every residential unit owner of the development shall become a member of the home owners association. 11.07 TRAFFIC IMPROVEMENTS a. The proposed "loop" road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, section 11.02 -F, states that the roads } may be private with the exeception of the access road through the commercial area. The read through the commercial area may possibly be designated public ! providing all design requirements and stipulations of the Engineering Department are complied with at time of r, design and construction. j;. C. The project shall be provided with one additional point of access to the "loop" road for emergency vehicle use. This acces3 will be located along the west boundary as shown on the master plan. d. The developer shall dedicate right -of -way along the eastern boundary of the project to be utilized as part+ of the County's future arterial networ). system. The developer shall dedicate enough right -of -way so thathe County will have 120 feet of right -of -way from County Road 846 to the northern project boundary, taking into �. consideration the existing 30 foot easement on the west border of Section 22 for approximately the first one -half mile on the southerly portion of Section 22. i. e. All access roads /drives shall be limited to the access points shown on the master plan. The proposed commercial areas shall not have direct access to Immokalee Road, all drives shall be connected to the access roads built by j this project. f. All traffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747, P.S.). q. If the four laning has not been started, the develope shall provide an eastbound left turn storage lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. -25- bou 025 °a ,,, 29 �i _ M x art t . a h. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any i project entrance when deemed warranted by the County Engineer. The signals shall ibe owner, operated and maintained by Collier County. i. The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. 4 1 1.0E . STREP.TS The streets within the project may be privately owned and main- tained, with the exception of the north /south right -of -way ease- ment on the eastern boundary of the project. The access streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment upon approval of the County Engineer and the Natural Resources Management Department. Typical sections are attached as exhibit 11.09 EXCEPTIONS TO COU14TY SU3DIVISION•REGULATIONS A. Article X,,Section 19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, excep� at entrances. B. Article XI, Section 17.F t, G: Street right of way and cross - section for specified roads shall be as shown on Exhibit "G "i provided that a sidewalk or bikepath be provided on both sides of four lane roads and the "loop" road shall meet subdivision requirements for a minor collector. For purposes of this requirement the east north /south road will be considered a two lane road. C. Article XI, Section 17.H: The 1,000 feet maximum dead -end street length requirement shall be changed to a maximum of 2000 feet. The road on the east boundary of the project is not subject to this limitation. ' D. Article XI, Section 17.I: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of -26- EG61( Q25 YAQ Ou 1 streets will be waived if agreed upon by the County Engineer and the NRMD. F. Article XI, Section 21: The requirement for blank utility casings; shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Article XI, Section 10: The requirement that PRM's be installed in typical water value cover is waived. 11.11 POLLING PLACES Polling Places shall be provided in accordance with Section 9.1.1 of the Zoning Ordinance, and as may be amended in the future. 11.12 ENVIRONMENTAL STIPULATIONS A. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accomodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. p� landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with aqd approved by the Natural Resources Management Department and the Community Development Division. D. A site archaeological survey will be conducted prior to commencement of construction. If during the course of site clearing, excavation, or other constructional activities, an archaeological cr historical site, artifact, or other indicator is discovered, all development at that location - 27 - aoaK 025Pa i 31 Y. rp shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable to Natural Resources Management Department or a designated consultant to assess the find and determine the proper co rse of action in .regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. Once specific site clearing plans are submitted, boundaries of areas proposed for development shall be set and flagged in the field by the petitioner, subject to approval by NRMD. II F. Boundaries of areas proposed for preservation shall be sett and flagged in the field by the petitioner, subject to approval by NRMD. G. A monitoring program shall be designed by the Petitioner subject to review and approval by NRMD to determine concentrations of potential pollutants in the parcel's lakes, preserves, and groundwater. The details of the monitoring program shall be mutually agreed upon between the petitioner and the NRMD at a date prior to the commencement of site development. Details of the monitoring program are hereby incorporated by reference into this PUD document. The monitoring program shall include: 1. Surface water in lakes, cypress preserves, and other retention areas; 2. Ground water monitoring of selected locations; 3. Lake sediment monitoring; 4. A sampling frequency adequate to allow assessment of pollution; 5. If any violation of the State water quality standards are attributable to the development, the causation will be modified or stopped (if deemed necessary to NRMD) and remedial action taken and, upon the request of NRMD, more intensive monitoring will occur. Lastly, if during this monitoring program a wellfield protection ordinance is adopted by Collier County, the Woodlands shall be subject to the more stringent of the two programs. H. Storage of any substances identified in the EPA Toxic Substances Control Account List (Chapter 40, CFR 261, also adopted by the State as FAC 17 -30) must be in the facility and the location subject to the approval of NRMD. I. It has been agreed that the location of the BS- County Corridor is to be located along the eastern boundary of t� - 28 - 6007( U25 mi 32 .A ` property. The County is considering two alternative route Determination of the final alternative will be subject to review and approval by the owner and the Natural Resources Management Department. J. The petitioner shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal (United States Fish and Wildlife Service) stipulations concerning protected plant and animal species. K. For all of the stipulations above., mutual agreements must be reached between NRMD (and /or other. County departments as indicated) and prsonnel of the Woodlands development. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), the BCC to act as the final arbitrator. L. The County is considering adoption of an ordinance which may prohibit, limit, require additional safeguards, or otherwise control and regulate activities within the Coral Reef Aquifer relating to the storage and /or distribution of petroleum products. Assuming there have been no permits issued for an automobile service station for this project (see 2 year moratorium on slime in Section 10.02(A)(6) hereof), at the time of adoption of said ordinance, this project shall be subject to said ordinance and developer recognizes that t e same may prohibit or regulate automobile service stations in this project. 11.13 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the- submitted plans is granted by the Water Management Advisory Board and the Count; Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed la es in accordance with Collier County: Ordinance No. 80 -26, as amended by Ordinance 83 -3, and as may be amended in the future. D. Storage of hazardous materials in aboveground and underground tanks shall conform to the minimum requirements provided in P.A.C. 17 -61. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the 29 - r� aou 025P ;- 33 4K ,F w F—] EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and NRMO, considering recommendtions from the Environmental Science and Pollution Control Department Director. E. Should an "ultimate legal back -up entity" for the Pumped Surface Water Management System be required by any other regional or state agency, the Developer will be responsible for providing all the necessary documents to establish a perpetual Taxing District for users of the system, and an escrow capital fund for initial administration and operating expenses, all to the satisfaction of the County Engineer and County Attorney. F. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossirs�gs in Section 20 unless previously completed by other parties. G. When required by the County, the developer agrees to contribute his fair share on a pro -rata tributary area /run -off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 11.14 Fire Station Prior to issuance of any building permits, a fire station serving this project must be operating within five (5) miles of the project. - z • 30 - GOO 025 FIrl 31 s 'S ' a J 1 0 1 �I Eatfth H M.ttw D•Wtop -onl Pitn ae� W to t.'.•w �� ad W OrnwalCentutt•Mt r.+r� cam' t.cwwro r.w TOLDLAT5 t W kv Mn V ✓ 4 L / ' A �' `V 0 i r i STATE OF FLORIDA COUNTY OF COLLIER 1, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing in a true copy.of::- `'•w ORDINANCE NO. 86-75 that was adopted by the Board of County Commissioners during Special Session on the 6th day of November, 1986. WITNESS my'hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of November, 1986. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to the Board of County Commissionerg,-%mlit-j, By: --4 Virgipr,S6 tpu&f 600K U25 pv! 36 0 WHEREAS, Roes McIntosh, Agent, for Iasmokales Road Partnership andl Greg Cabinees, Applicant, filed on December 6, 1983, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, The Woodlands Planned Unit Develop- ment, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, Immokales Road Partnership and Greg Cabinees have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body o the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 is nuthorized and empowered to consider Application for Development Approval (ADA) for Developments of Regional Impact; an �ht WHEREAS, the public notice requirements of Chapter 380.06 and the Collier County Zoning Ordinance have been satisfied; and ('f.. WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Plorid �h3' Regional Planning Council (SWFRPC) and held a public hearing on the AD and on the Application for Public Hearing for PUD Zoning on October 2j ;1 ��j¢• 1986; and oow } WHEREAS, The Woodlands ADA is also part of an overall rezonin I ( P CC�',5 of a development orde 21 ` • DEVELOPMENT ORDER 86- 1 � DEVELOPMENT ORDER OF THE BOARD OF does not constitute a ° ,• COUNTY COMMISSIONERS OF COLLIER 09 p' c"% ment permits by the County or State; ":.. COUNTY, FLORIDA FOR THE WOODLANDS �� ✓� R'• E PLANNED UNIT DEVELOPMENT LOCATED IN r spy C WHEREAS, on November 6, 1986, the Board of PART OF SECTION 21, TOWNSHIP 48 C' k. SOUTH, RANGE 26 EAST, COLLIER s� Ordinance approved Ordinance 86 -75 which rezoned the subject iedyrwggrtqs COUNTY, FLORIDA: ?his De mkP Secreyyoory of Sta 's Office th� �Z'sdny of ' (Z�� F. 4 �"7 600K 11l j WHEREAS, Roes McIntosh, Agent, for Iasmokales Road Partnership andl Greg Cabinees, Applicant, filed on December 6, 1983, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, The Woodlands Planned Unit Develop- ment, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, Immokales Road Partnership and Greg Cabinees have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body o the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 is nuthorized and empowered to consider Application for Development Approval (ADA) for Developments of Regional Impact; an �ht WHEREAS, the public notice requirements of Chapter 380.06 and the Collier County Zoning Ordinance have been satisfied; and ('f.. WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendation of the Southwest Plorid �h3' Regional Planning Council (SWFRPC) and held a public hearing on the AD and on the Application for Public Hearing for PUD Zoning on October 2j ;1 ��j¢• 1986; and sa.ws�wn....,�......- �__..� - . WHEREAS, The Woodlands ADA is also part of an overall rezonin f� < i application by the developer; and the issuance of a development orde � pursuant to Chapter 380.06, Florida Statutes, does not constitute a ° ,• waiver of any powers or rights regarding the issuance of other develop- z' ment permits by the County or State; WHEREAS, on November 6, 1986, the Board of County Commissioners at an open public hearing in accordance with the Collier County•Zonin Ordinance approved Ordinance 86 -75 which rezoned the subject iedyrwggrtqs ?his De mkP Secreyyoory of Sta 's Office th� �Z'sdny of ' (Z�� F. 4 �"7 600K 11l j and ocknowledgement oft t filing received thlso� *' Y f of �•' ©y cwt sa.ws�wn....,�......- �__..� - . k t .f.. to PUD know as the Woodlands; and WHEREAS, on November 6, 1986, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida. Statutes, conaidered the application for Development of Regional Impact i � submitted by Ross McIntosh, Agent; the report and recommendations of the SWFRPC; the certified record of the documentary and oral evident presented to the Collier County Planning Cormzission; the report an recommendations of the Collier County Planning Commission; the recommen datlons of Collier County Staff and Advloory Boards; and the comment upon the record made before' this Board of County Commissioners at sa1�d meeting, hereby makes the following Findings of Fact and Conclusion of Law. A. FINDINGS OF FACT 1. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit A, and by reference made a part hereof, to the extent that they are not inconsistent with the terina and conditions of this Order. 2. The application is in accordance with Section 380.06(b), Florida Statutes. 3. The real property which is the subject of the ADA is legally described an set forth in Exhibit B of the Planned Unit Development Document for The Wocdlands attached hereto and by reference made a part hereof. 4. The applicant proposes the development of The Woodlands Planned Unit Development, known as composite Exhibit B, and y reference made a part hereof, for 500.11 acres which includes 15 acres of commercial, an 18 -hole golf course, 1,460 dwelling units on 159 acres, and approximately 91 acres of preservation areas. 5. A comprehensive review of the impact generated by the davalo - ment has been conducted by the appropriate County' departments and agencies and by the SWFRPC. 6. The Development is consistent with the report and recommend - tfons of the SWFRPC submitted pursuant to Subsection 380. 6 (11), Florida Statutes. jea . i } k y�. 7. The development is consistent: with the land developms t regulations of Collier County. 8. The development will not unreasonably interfere with t s, achievement of the objectives of the adopted State Land Devel- opment Plan applicable to the area. 9. The development is not in an area designated an Area of Crit — cal State Concern pursuant to the provisions of Secti m 380.05, Florida Statutes, as amended. B. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted s�d assembled November 6, 1986, that the Development of Regional Impa4 Application for Development Approval submitted by Ross McIntosh, Agen�, is hereby ordered approved subject to the following conditions so recommended by the SWFRPC or in response to their recommendation and the commitments specified in the FUD which are hereby adopted as conditions of approval of this Development Order: 1. DRAINAGE /WATER QUALITY: The applicant has proposed a surfs s water management system that is conceptual in nature at Ch a time. A crucial component of this development will be in t daterminarion of the discharge elevations for the conttr l structures and. the cypress slough crossing conveyances. s applicant proposes to improve and possibly restore to some degree, the "historic" hydroperiod of this site — after years of being adversely influenced by man's activities. Monitoring activities are still on —going within the site; only when theme teats are completed can the proper structures (and elevations) be implemented into the final surface water management design. Therefore, more detailed information will need to be provided through the development review process to assure that the concepts are adhered to and that additional adverse regional impact will not occur. Further information to necessary in order to provide a full analysis of impacts. 600K rzu 7 t� Ifs i• l: r. d: Conditions: a. The surface ,rater management system shall implement tie design standards and water quality "best managemenIt. practices" outlined in the Application for Developmett Approval, response to Question 22 Drainage. b. An ongoing monitoring maintenance and sampling program shall be designed by the Petitioner subject to review and approval by Natural Resources Management Department (NRMD) and the Florida Department of Environmental Regulation 40 determine concentrations of potential pollutants in t�e parcel's lakes, preserves, and groundwater. The dets4s of the monitoring program shall be mutually agreed upon between the Petitioner, the NRMD, and the Florida Department of Environmental Regulation at a date prior to the co=encement of site development. Details of the monitoring program are hereby incorporated by reference into this Development Order. The monitoring program shall includtt 1. Surface water in lakes, cypress preserves, and other retention areas; 2. Croundwater monitoring of selected locations; 3. Lake sediment monitoring; 4. A sampling frequency adequate to allow assessment of pollution; 5. If any violation of the State water quality stnr— dnrds are attributable to the development, the T causation will be modified or stopped (if doomed necessary to NRMD) and remedial action taken and. upon the request of NRMD, more intensive monitori4 will occur. Lastly, if during this monitoring program a wellfield protection ordinance is adopted by Collier County, the Woodlands shall be subject to the more stringent of the two programs. C. Storage of any substance identified in the EPA Toxic Substances Control Account List (Chapter 40, CPR 261, also adopted by the State as FAC 17 -30) must be in the eo. C25 fa`I 40 4 ' 4 facility and tho location subject to the approval of MD and Water Management Department upon consideration of t e recommendations of the Water Quality and Polluti n, Control Department Director. Storage of su h materials in aboveground and underground tanks she 1 conform to the minimum requirements provided in F.A.d. 17 -61. A Spill Prevention Control and Countermeasu a Plan for all above storage and underground tanks shall lies approved by the Water Management Director and HRMD; considering recommendations from the dnvironmental Science and Pollution Control Department Director. In addition, all golf course maintenance related chemicals ;. (i.e., pesticides, insecticides, herbicides) shall bs ix 0 stored in an on -site facility that is located and/ r F constructed to prohibit accidental contamination to t a proposed project wellfield in the northeast portion �f Lthe site and any potential future regional vellfieid within the Coral Reaf aquifer system. d. The applicant shall coordinate with the Florida Depar�- ment of. Environmental Regulation and Collier County �la the off -site storage of any hazardous waste, am datinll d in the Collier County Hazardous Waste Assessment, t may be generated by any business located in the Commer- cial portion of the Woodlands DRI site. This may a accomplished through the use of restrictive covenants r .V some other type of deed stipulation deemed appropriate y Florida Department of Environmental Regulation. e. The Development Order shall provide that prior to project construction, the developer will provide the information specified within the South Florida Water Management District (SFWMD) Impact Assessment report to the SFMV, SWFRPC and Collier County for review and that a Conceptual Surface Water Management permit shall be obtained from the SFWMD . Collier County's review shall be conduc od according to the provisions of Chapter 380.06(1 ). 025p -;t 41 sou 5 " Y ,a r �i• J• ' I Florida Statutes if requested by Florida Department of Community 'Affairs (DCA), SWFRPC staff, and appropriate County Departments. f. Should Collier County decide that a new County wide or regional wellfield is to be located within the Coral Reef Aquifer system, then the Woodlands Project shall be subject to land use controls, golf courea restrictions and ordinances implemented by Collier County for the area -wide protecticn of this wellfield. g. The applicant shall coordinate with the owners of the southern adjacent outparcels and the South Florida Wat r Management District to ensure the integrity of t a preserved cypress flowway. All subsequent surface vat �er management permits for these two outparcels shall reflect this coordinated effort. h. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the propo ad construction in accordance with tho submitted plans is granted by the Water Management Advisory Board and the County Engineer. i. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. J. An Excavation Permit will be required for the propo ad lakes in accordance with Collier County Ordinance to. 80 -26, as amended by Ordinance 83 -3, and as may be amended in the future. k. Should an "ultimate legal back -up entity" for the Pumped Surface Water Management System be required by any other regional or state agency, the Developer will be responsi- ble for providing all the necessary documents to establish a perpetual Taxing District for users of the system, and an escrow capital fund for initial adm is- tration and operating expenses, all to the satisfaction 600( 025 wi 42 -6- I 2 t r of the County Engineer and County Attorney. 1. Construction activities on this project shall be eoord - noted with construction contracts to implement improv -• ments to the Cocohatchea Canal (CR 846 Borrow Canal) loy the developer in accordance with the recommendation f the 1981 Gee and Jenson Hydrologic Report No. 242 prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated fern crossings in Section 20 unless previously completed by other parties. M. When required by the County, the developer agrees to contribute his fair share on a pro -rata tributary area/ run -off volume basis to implement the canal improvements to serve the remainder of the Cocohatchea Canal water- shed. , ENERGY: The proposed project would be an all electric develop- ment and would increase the energy demands of the Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Condition3: - A. Provision of a bicycle- pedestrian system to be pla ad along arterial and collector roads within the proje�t. This system is to be consistent with applicable couzity requirements. b. Provision of bicycle racks or storage facilities In recreational, commercial and multi - family resident�l areas. C. Cooperation in the locating of but stops, shelters, nd other paaaenger and system accosnodstions for i trea ;lt system to serve the project area. d. Use of energy - efficient features in window design (e.g., tinting and exterior shading). e. Use of operable windows and ceiling fans. 600K -7- 'i N -6 ti . r M f. Installation of energy - efficient appliances and equip- ment. g. Prohibition of deed restrictions or covenants that would, prevent or unnecessarily hamper energy conservatIt efforts (e.g., building orientation and solar water heating systems), h. Reduced coverage by asphalt, concrete, rock, and simil #r il substances in streets, parking lots, and other areas o reduce local air temperatures and reflected light and heat. J. Installation of energy- efficient lighting for streets, parking areas, and other interior and exterior public areas. J. Use of water closets with a maxfw- flush of 3.5 gallons and shower heads and faucets with a maximum flow rate f 3.0 gallons per minute (at 60 pounds of pressure p r square inch) as specified in the Water Conservation Act, Chapter 553.14, Y.S. k. Selection of native plants, trees, and other vegetation and landscape design features that reduce requiremenFa for water, fertilizer, maintenance, and other need . 1. Planting of native shade trees to provide reasonablte shade for all recreation areas, streets and parking areas. M. Placement of trees to provide needed shade in the warmer months while. not overly reducing the benefits of sunlight in the cooler months, n. Planting of native shade trees for each residential unit if native shade trees do not exist for each residential unit. o. Orientation of structures, as possible, to reduce molar heat gain by walls and to utilize the natural cooling effects of the wind. p. Provision for structural shading (e.g., trellillsp awnings, and roof overhangs) wherever practical ea aon� C?5 Pa,t 4� s uOU s , 3 a G G:. w; natural shading cannot be used effectively. q. Inclusion of porch /patio areas in residential units. r. Consideration by the project architectural review commit-, tee(s) of energy connervatlon measures (both those not 4d here and others) to assist builders and tenants in the t efforts to achieve greater energy efficiency in t s development. FLOCDPLAIN /HURRICANE EVACUATION: The Woodlands DRI location has a natural elevation of twelve to fourteen feet above mean sea level and is:well beyond the expected flooding areas of hurricanes in categories one through three. However, t�s project area is on a major evacuation route for the county ai:d one mile east of an I -75 interchange offering excellent access to and from major evacuation routes. The potential for on -site public /common areas to be used as public hurricane shelters would provide a use of regional benefit. Cood i t i.on : , A. The applicant shall teat with Collier County Disaster Preparednebs Officials to Identify those public areas that may be used for shelters in the commercial portions and /or golf course clubhouse of the project as storm shelter and /or staging areas. HISTORICAL /ARCHAEOLOCICAL: No historical or archaeologi161 sites are known to exist on the Woodlands DRI sits, however$ a regionally significant burial site is located immadiately east of the site and the project area has never been subjected td a systematic professional survey. Based on data from environ- mentally similar areas in Collier County, It is likly that sites will be found within the project. The Department of State, Division of Archives, History and Records Management has expressed similar concerns. Conditions: A. A systematic professional survey shall be carried out within-all areas identified as likely to contain histo i- cal /archaeological sites prior to commencement of con- 600K Urupvi 45 -9- I s struction. Copies of the survey shall be sent to tie State Division of Archives, the Collier County NRXD end Swuc . Both the survey method and the report shall e, reviewed and approved by the State Division of Archivles and Collier County Natural Resources Management Depart- ment, and this shall be done prior to any land clearing or ground disturbing activities. The personnel or agency performing the survey shall be approved by the State Division of Archives and the Natural Resources Management Department. All recommendations by the above offices shall be incorporated into a Development Order Amendment following the procedures established in Chapter 380.06, F. S. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical sits, artifact, or other indicator is discov- ered, all development at that location shall be immedli &rely stopped and the State Division of Archives {nd Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Depart - meet or s. designated consultant to assess the find I#nd determine the proper course of action in regard to its salvageabillty. The Natural Resources Management Depstt- ment will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Evaluation of a historical /archaeological site shall include but not be limited to its determination as a *its of regional or local significance, impact minimization by incorporating the sit* into preservation or green space areas, or other mitigation actions. b, The State Department of Archives and the County NRMD shall be 'provided access to the project for monitoring purposes any time during the life of the project. tm lf25,1,! 46' 10 TRANSPORTATION: ! a. GENERAL: The Woodlands DRI has direct access to Immokalsa Road (CR 84 ). and will have direct access to the proposed arterial road on the eastern boundary of the Woodlands connecting Carrell Road to CR 846. (1) For purposes of this section, "significant impact" is definad as when the project traffic on any road segment /intersection equals or exceeds 5% of the Level Service "C" 'for said roadway segment /intersection on Ipf Mtt annual average daily condition. (2) The Woodlands development is predicted to have a " significanc impact" on the following roadway segments: Lae County: Bonita Beach /Carrell Road; - I -75 to CR 887 Collier County: CR 951 - Immokalee Road to East Golden Cate Boulevard - Vanderbilt Beach Road to Pine Ridge Road Immokalee Road - Coodlette Road to D.S. 41 - Coodlette Road to Airport Road - Airport Road to Livingston Road extension - Livingston Road extansion to I -75 - I -75 to Oaks Boulevard - Oaks Boulevard to Woodlands main access road entrance - Woodlands main access road and CR -951 (3) The following intersections are predicted to be "significantly impacted" by the Woodlands project: Icswkalee Road at Airport Road Immokalee Road at Livingston Road extension Immokalsa Road at I -75 Immakalea Road at Oaka Boulevard Immakalee Road at Logan Boulevard extension Immokalee Road at Parklands South access road aoox CK Fa <1 47 r� an Immokalee Road at CR 951 CR 951 at West Golden Gate Boulevard Immokalee Road at Goodlette Road Airport Road at Vanderbilt Beach Road Airport Road at Pine Ridge Road Pine Ridge Road at CR 951 (4) The Woodlands actual impact on the road segments {nd intersections specified in (2) and (3) hereof and �he service level of each of the above referenced road segments and' intersections shall be empirically determined by the County using the monitoring reports required by CONDITION (1). (5) The County has adopted a Road Impact Fee Ordinance, Ordinance No. 85 -55 and the developer, or its successors in interest, shall pay the "impact fees" specified by said ordinance for all development in the Woodlands. Those impact fees, together with that portion of gasol ns taxes and ad valorem taxes generated from the project nd its inhabitants and programmed for road improvemen s, together with the dedication of right- of-way specified as CONDITION (2), shall mitigate the transportation imp, is reasonably- attributable to the Woodlands development. (6) An analysis of the County's proposed schedule for improvements to the roadway segments and intersections significantly impacted by the Woodlands indicates that the local government will be able to provide the transportation facilities at the approved level of service "consistently" with the development schedule for The Woodlands as set forth in the IUD document, with the potential exceptions of that section of County Road 846 from 1 -75 to CR 951 and that section` of Bonita Beach /Carrell Road located in Lee County. (i) By adopting this development order Collier Count3 is making no commitment to improve Carrell Road or any other road 'in Les County, however, CONDITION (4) shall be applicable. p 600K C�v ra ' 48 • =12— X, � of M M (ii) By adopting this Development Order, Collier County has determined that if the developer complies vitbi i, } CONDITION 3, it will have made adequate provision. for its impacts on the roadway segment of CR 846 between I -75 and CR 951. j (7) Collier County, although it has estimated the time frame i in which each of the road segments /intersections significantly impacted by this development shall nee rr` improvement to maintain the requisite level of eervic� adopted by the County, as the same may be amended from i time to time, and has ascertained that it can provide th� M1 ' transportation facilities consistent with the developmenl� schedule of The Woodlands, makes no guarantee that said roadway segmenta /intersections shall not fall below thl requisite level of service in spite of this commitment o� i the County to provide maid facilities consistent with the , Development Schedule. (8) By accepting this Development Order, develops understands and agrees that, although the propose schedule of the County for improving the roadwa segments /intersections ai nificantly impacted by Th Woodlands .would indicate that it will have the ability t� keep the necessary transportation improvements at th requisite level of service consistent with th development schedule of The Woodlands, the County is no guaranteeing the mama and developer understands and agrees the iCcunty shall not be liable for its inabili to have said facilities available consistent with th development schedule of The Woodlands. b. CONDITIONS: i r. (1) The applicant shall submit an annual monitoring report to the Collier County Engineering Department, Collie County HPO, FDOT, and the Southwest Florida Regions G, Planning Council for review. The first monitoring report boaK C21UP,;t 49 -13- shall be- submitted at the time of the issuance of th first Certificate of Occupancy for development at The Woodlands. Reports shall be submitted annually, thereafter until buildout of the project. The reports) at a minimum, shall contain traffic counts taken at thl P i access points to the site and turning movements to eae i of the intersections listed in a(2) above. (2) 'rhe developer shall dedicate right- of-way along the eastern boundary of the project to be utiliz.,d as part of S,• the County's future arterial network system. The developer rhall dedicate enough right- of-way so that the County will have 120 feet of right -of -way from County Road 846 to the northern project boundary, taking int�O consideration the existing 30 foot easement on the vest border of Section 22 for approximately the first one -half t, mile on the southerly portion of Section 22. (3) Although impact fee payments are generally reserved for collection at the time of building permit, developer i shall pay impact fees for the residential units projected to be constructed within the next ten year period (using the PUD phasing plan) if the following occurs: (i) that-portion of CR 846 between I -75 and CR 951 i exceeds Level of Service "C" on average annual { daily condition, and (ii) The Woodlands traffic, at that time, constitutes �Z i or more of the traffic on said roadway segment, Asd (iii)the County is prepared to enter into a contract for four- laniug of said roadway segment. (4) (1) If level of Service "C" on an average annusi daily condition for any regional roadway segment /in or- section identified herein is exceeded 'and proje�t traffic on said roadway segment /intersection equals or exceeds 3% and is less than IOx of the Leval of Service "C" service volume (utilizing generaliz d service volumes as establit.hed by £DOT); and BOOK �t�ci PaS1 JU 114 (a) the roadway improvement necessary to return o Level of Service "C" or better condition, is not programmed on the applicable HPO or Colli it. County five year traffic improvement plan wi h identified funding; or (b) if such programmed improvement is deleted from said five year traffic improvement plan; or (c) if five years pass without the start of construction of said improvement; or (d) the level of service on any said roadway segment /intersection exceeds level of service D on an annual average daily condition prior to the construction of the programmed improvement; then Developer shall, within ninety (90) days, file a petition with Collier County for a determination of whether a substantial deviation has occurred in accordance with subsection 380.06(19), Florida Statutes (1985). If it is dot ezmlled that a substantial deviation has occurred, the developer may continue development during substantial deviation DRI review until an .Amended development order is issued, provided that the amended development order is is ad within six (6) months of the date of he substantial deviation determination. Furt�er development will be authorized and eonditiofsd by the final amended development order. (ii) If Level of Service "C" on an average ana al daily condition for any regional roadway ■agment /i to section identified herein is exceeded and project traffic on said roadway segment /intersection equ la or exceeds 10% of the Leval of Service "C" vol e (utilizing generalized service voluma as establis ad WK 025 part 51 15 I MI Y by FDOT); and (a, the roadway improvement necessary to return to r level of service C or better condition is not, programmed on the applicable HPO or Collie 'i County three year traffic improvement plan with f identified funding; or (b) if such programmed improvements deleted from said three year traffic improvement plan; or (c) if three years pass without the start of n L: construction of said improvement; cr (d) the level of service on any said roadway r. segment /intersection exceeds Level of Sarvl�s � I "D" on an annual average daily condition prior to the construction of the programmed improvement; t' y then a substantial deviation shall be deemed to have occurred. The developer may continue development during said substantial deviation DRI review until an ! amended development order is issued, provided ' t that the essnded development esUr is iseek within six (6) months of the data of notice that i substantial deviation has occured. Further development will be authorized and conditioned by the final amended development order. r.. (5) The developer shall provide a fair share contribution toward the capital costa of a traffic signal at any project entr"ce when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. (6) If four - laving of CR 846 in front of the project has not commenced prior :o development of commercial or residential units within the project, the developer shall provide an eastbound left turn storage lane and westbound deceleration lane at each project entrance before any Certificates of Occupancy are issued for.the units which would be using t at project entrance. 0 all ® si (7) The developer shall provide arterial level street lighting At each project entrance. The operating and maintenance coats f these units shall be assumed by C ollier County. (8) The applicant assigned a significant number of Woodlands trips to the proposed Parklands South Access Road from the Parklands boundary southward, in Phase IV (ending 2004) of the Woodlands. The applicant also assigned a significant number of Woodlands trips to the proposal Livingston Road between Immokalee Road and Vanderbilt Beach Road during Phase V (ending 2007). If these road segments are not constructed by the specified Phase, the project shall undergo a determination as to whether a substantial deviation has occurred. An amended development order shall be rendered after a#�r substantial deviation determination, whether found to be la substantial deviation or not. 6. VEGETATION AND WILDLIFE: The applicant has identified t s tion potential for certain species to exist in preserva are a on the site. The primary issue of regional concern is projs t impacta to 15 species of birds, 2 species of reptiles and 2 species of mammals which are endangered, threatened, or are species of spacial concern that may grow, feed, nest and bread on The Woodlands site. Conditions: • a. The applicant commits to deed restrictions, upland buffer areas, and cypress preservation areas to protect the endangered, threatened or special concern species. b. A survey for any eagle and woodetork nesting activities shall be conducted prior to comtnancement of develop=* t. Copies shall be sent to Collier County KM, the �g�IpC r i and Florida Came and Fresh Water Fish Commission. C. All exotic plants, as defined in the Collier County Codes i' shall be removed during each phase of construction f os ➢. development areas, open space areas, and preserve areas. Following site development a maintenance program shall be bDDK C05 wi c1J • =77— 0 y implecented to prevent rei.nvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with, and approved by the Natural Resources Management' Depart— went. d. Once epacifie site clearing plans are submitted, boundq— ries of areas proposed for development shall be set 'sd flagged in the field by the petitioner, subject t�o i i approval by NRMD. Boundaries of areas proposed for preservation'shall be set and flagged in the field by the petitioner, subject to approval by N. Precautions by �. work crew supervisors working close to planned preserve r} K' areas shall be encouraged in order to ninimize wildlife �''• F, and preservation area disturbances. S' �' e. The petitioner shall satisfy all state (Florida Came and A Fresh Water Fish Commission) and federal (United States Fish and Wildlife Service) stipulations concerning protected plant and animal species. f. A site clearing plan shall be submitted to the Natural Resources Management Department for review and approval r. prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict R how the final site layout incorporates retained native ' vegetation to the maximum extent possible and how roadM' I ' buildings, lakes, parking lots, and other facilities haws been oriented to accommodate this goal. g. Native species shall be utilized, where available to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural f Resources Management Department and the Community Devel- opment Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site lasd- I i tou 025 pr:! 51 • 16 r�.. ecaping shall be the re— creation of native vegetation nd ''• habitat characteristics lost on the site during const c— y' tion or due to past activities. 7. WETLANDS: The Woodlands site contains a total of 358 acres of y;. wetlands which accounts for 72% of the total site. Most of Lfy the cypress and a major portion of the transitional wetlands are part of a major slough system which traverses the eastern i, portion of the site. As a result of pumped discharges associ- ated with the agricultural operations located both west and north of the project site, along with drainage improveme�sts r!. :+ such as the canal located immediately south of the proj ct site adjacent to Immokslee (CR 846) Road, the overall site has experienced an altered hydroperiod. Presently the exotic melaleuca is diffused throughout the site, but no spocitic locations or acreages of impacted areas have yet been delin- eated. The applicant estimates that up to 119.6 acres or 33% of the y wetlands will be impacted by roads, golf cart crossings, 1+8 and the golf course. As mitigation for wetlani impacts, he 1 applicant has committed to a series of mitigation measures such as wetland and upland buffer zone preserve areas, upland preserve areas, lake littoral and limnstic zone creation, exotic invaded wetland restoration and hydroperiod restora- tion. Conditions: a. The applicant cormlts to wetland preservation, wetland mitigation and water management design presented within the ADA and sufficiency documents which are incorporated as conditions of approval. r' b. Prior to the implementation of each phase of the dsysltlp ment, more detailed information shall be submitted to he 1 Florida Department of Environmental Regulation, S , SNFRPC, and Collier County MRMD for review, which pro — i video the following information: 600K U25 PS,! 55 =fg- 1. Ecological health condition and function of each wetland to be impacted. 2. A more precise identification of which wetland area, will be destroyed, based on the above survey and the application of the proposed wetland resource manage- ment guidelines. 3. Historic water levels to be maintained within wetland preserves to serve as a design and review i guide. ) ... w. More detailed information on how the water manage- ment system will maintain historic water levels a within each wetland preserve. (Placement and design of the adjustable structures, equalizer awales and culverts,) C 5. A maintenance plan to maintain the overall ecologi- c, F cal integrity of wetland preserve areas. , 6. An annual report from the Homeowner's Association to regularly monitor compliance with deed restrictions j1 for residential setbacks and preservation. C. The Collier County review shall be conducted according to substantial deviation determination provisions of Chapter 380.06, F.S. 8. CONSISTENCY WITH THE LOCAL COXPZEHENSIVE PLAN: The subject property is designated as Urban on the Future Land Use Map and meets the necessary rating points for the proposed density pf 2.92 units per gross acre. In addition, the project meets t�a criteria for the. proposed land uses. Therefore, the develop — ment complies with the Comprehensive Plan. 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous commitments were made by the applicant to mitigata proja t impacts. Many, but not all of these commitments are listed It this Development Crder. Additionally, the ADA provided a Phasing Schedule that provid- ed the timing basis for this review. If this phasing schedule is significantly altered by the applicant than many of the Doox C215- PIS! 56 -20- t r •, is basic assumptions of this approval could be substantial y changed, potentially raising additional Regional issues and/ r ! impacts. yr Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not �tl conflict with specific conditions for project approvaIl outlined above are officially adopted as conditions for approval. b. The develcper shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Depart- ment of Community Affairs and all affected permit agen- cies as required in Subsection 380.06(18), Florida Statutes. i C. The development Phasing Schedule presented within the ADA, and as adjusted to date of development order approval and /or permit approval Is incorporated as a condition �L approval. If Davelopment Order conditions and Applicot Commitments incorporated within the Development Order to mitigate .regional impacts, are not carried out its indicated to the extant or In accord with the timing schedules specified within the Development Order and th s phasing schedule, then this shall be deemed to be a substantial deviation for. the affected regional issue. 10. PIRE: a. Prior to L;:e issuance of any building permits, a fix's station serving this project must be operating with fiV* (S) miles of the project. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval with supplemental documents and the Application for Public Henri g boy C2u o= t 57 —21— for rezoning with supplemental documents that are not in con- flict with conditions or stipulations specifically enumerat d 4 above art hereby adopted to this Development Order by refer i ence. 2. The Community Development Administrator shall be the local official reeponslble for assuring compliance with the Develop - Y_ ment Order. 3. This Development Order shall remain in effect for 20 years, the estimated duration of the project. However, in the event that significant physical development has not commenced within Collier County within five (5) years, development approval i will terminate and this development order shall no longer be r effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sever and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement } of development. T 4. The applicant or thiir successor(s) in title to the subject property shall-submit a report annually, commencing one year t from the affective data of this development order, to the 9... Board of County Commissioners of Collier County, the Southwest 3; Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not requi e further review pursuant to Section 380.06, Florida Statute , unless it is found by the Board of County Commisslonera �Of i' n Collier County, after due notice and hearing, that one or more of the following is present; 6008 C2u Px;t �p ?22— I a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved development plans which create a reasonable likelihood of. adverse regional impacts or other regional impacts whi h were not evaluated in the review by the Southwest Flori a Regional Planning Council; or b. An expiration of the period of effectiveness of this development order as provided herein. Upon a finding that either of the above is prearnt, the Board of County Commissioners of Collier County may order a termi- nation of all development activity until such time as a new DRI Applica':ion for Development Approval has been eubmitts}i, r reviewed and approved in accordance with Section 380.05, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty f the applicant to comply with all other applicable local, ate 0 or federal permitting procedures. R 7. The definitions contained in Chapter 380.06, Florida Statutes, r shall control the interpretation and construction of any terms of this Development Order. 8. This Order shall be binding upon the Developer, assignees or successors in interest. . .r 9. It is understood that any reference herein to any governmental agency shall be construed to mean say future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duti a of any referenced governmental agency in existence on t:6 effective date of this Order. 10. In the event that any portion or section of this Order Is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. Bou C25 PA,E 59 lu23— of BOOK C-25WE 60 —24— —7 all 11. This resolution shall become effective as provided by 1jw. 12. Certified copies of this order are to be sent immediately to the Department of Community Affairs* Southwest Florida RaSj n- al Planning Council. DULY PASSED AND ADOPTED this 6thday of 140veffber 1986. DATE: Dbveater 6, 1986 BOARD OF COUNTY COMMISSIONER4 COLLIER COWM, FLORIDA ATTEST: BY, JAMES C. GILES,CLERK CHAIRMAN 012. -V viit Magri -NAPPROVIDiA-L tO FORM AND LEGAL SUFFICIENCY RCqnf 'CUYL WOODLANDS DO PETITIONER of BOOK C-25WE 60 —24— —7 ki ORDINANCE 96- 64 Clerk _. AN ORDINANCE AMENDING ORDINANCE NUMBER of board f 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 862122 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WOODLANDS, FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (C.R. 846), IN -TI SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 t• EAST, COLLIER COUNTY, FLORIDA, CONSISTING 7- 4 OF 500 ACRES MORE OR LESS; PROVIDING FOR :, rT7 THE REPEAL OF ORDINANCE NUMBER 86 -75, AS y -• AMENDED, THE WOODLANDS PUD; AND BY n PROVIDING AN EFFECTIVE DATE. a, Ik WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe, P.A., representing Immokalee Road Partnership and Ribeck Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as D Exhibit "A ", which is incorporated herein and by reference made a part f , hereof. The Official Zoning Atlas Map Numbered 862122, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 86 -75, as amended, known as the Woodlands PUD, adopted on November 6, 1986 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. ,SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this vZ°;1""day of 1996. ATTEST:---`— DWIGHT. E'.' BROCK, CLERK i APPROVED 'AS • TO ObRM AND LEGAL'SUFFICIENCY CL ice. MARJO IE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD -83 -26(1) ORDINANCE /18094 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I BY* J C. tTORRIS, CHAIRMAN -2- ey_�� THE WOODLANDS PLANNED UNIT DEVELOPMENT DOCUMENT PREPARED BY: GEORGE L. VARNADOE Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DATE ISSUED: ( ) DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: 10/22/96 ORDINANCE NUMBER: 96 -64 TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II, Property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description 2.06 Site Development Plan Approval Process 2.07 Development Regulations SECTION III, Project Development 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands SECTION IV, Land Use and Regulation 4.01 Purpose 4.02 Project Plan & Land Use Tracts 4.03 Project Density 4.04 Sequence and Scheduling 4.05 Recreational Facilities and Schedule 4.06 Native Vegetation Retention 4.07 Common Area Maintenance SECTION V, Golf Course 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Development Standards SECTION VIII, Community Shopping & Business Office Center 8.01 Purpose 8.02 Permitted Uses & Structures 8.03 Minimum Yard Requirements 8.04 Building Separation 8.05 Minimum Floor Area of Principal Structures 8.06 Maximum Height PAGE 1 -1 II -1 IIl -1 IV -1 NT-1 VI -1 VII -1 VIII -1 �r Ly PA13E 8.07 Minimum Off- Street Parking & Off - Street Loading VIII -3 Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 Size SECTION IX, General Development Commitments IX--1 9.01 Purpose 9.02 PUD Master Development Plan 9.03 Clearing, Grading, Earth Work & Site Drainage 9.04 Utilities 9.05 Solid Waste Disposal 9.06 Recreational Facilities 9.07 Traffic Improvements 9.08 Streets 9.09 Exceptions to County Subdivision Regulations 9.10 Polling Places 9.11 Environmental Stipulations 9.12 Water Management Stipulations 9.13 Fire Station L `� SECTION I STATEMENT OF COMPLIANCE This development of approximately 500 acres of property in Section 21, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as THE WOODLANDS will comply with the planning and development objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial aspects of the development together with associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. Project development will be compatible with and complimentary to the surrounding land uses. 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize natural systems for water management, such as existing drainage areas and environmental, sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmental sensitive areas and the value and functions of the environmental sensitive areas will not be unduly adversely affected, by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling units per acre for THE WOODLANDS, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. SECTION I - PAGE 1 +r �y SF'CTION II 1 PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner and project coordinator to establish and develop a Planned Unit Development on approximately 500 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of I -75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 NAME The development shall be known as THE WOODLANDS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B ". 2.04 TITLE TO PROPERTY The property is owned by the Immokalee Road Partnership (beneficial interest). The project coordinator is John Wanklyn, whose address is 1100 Fifth Avenue South, Suite 201, Naples, Florida 34102. 2.05 GENERAL DESCRIPTION THE WOODLANDS is a Development of Regional Impact, consisting of 500.11 acres, located on the north side of Immokalee Road (CR Ae 846), immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. 2.06 SITE DEVELOPMENT PLAN APPROVAL PROCESS Site Development plan approval, where required by the Land Development Code, shall follow the procedure as outlined in the Collier County Land Development Cade. 2.07 DEVELOPMENT REGULATIONS A. Regulations for development of The Woodlands shall be in accordance with the contents of this PUD ordinance and applicable sections and parts of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit SECTION II - PAGE 1 %q I and Preliminary Work Authorization. Where these regulations fai to provide developmental standards then the provisions of the mos similar district in the County Land Development Code shall apply 1 11 4 SECTION II - PAGE 2 L�� 4 SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of THE WOODLANDS is for a planned residential community carefully integrating a mixture of single family and multi- family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. SECTION III - PAGE 1 Ly SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street lay -out and land use, is illustrated in Exhibit "E", "Master Plan ". Included is a schedule_ of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. 4.03 PROJECT DENSITY 1• The total acreage of THE WOODLANDS is approximately 500 acres,. The maximum number of dwelling units to be built on the total. acreage is 1100. The number of dwelling units per gross acre is approximately 2.20. The density on individual parcels of land throughout the project will vary according to the type of housing_ employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build out will take approximately seventeen to twenty years. Exhibit "F" indicates, by phase, the estimated absorption of units (by unit type) over the approximate life of the build out of the project. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of THE WOODLANDS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres); 2. Swimming pool; 3. Bicycle paths and sidewalks; SECTION IV - PAGE 1 L� 4. Natures trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty -five (25) percent of the gross land area, are deemed to be satisfied by the 172.2 acre preserve, park and wildlife! sanctuary, depicted on Exhibit "E" of the general plan of development for THE WOODLANDS. 4.07 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owner's Association. TABLE I THE WOODLANDS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL 133.0 Acres COMMERCIAL (165,000 sq. ft.) 12.5 Acres GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 157.8 Acres WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 Acres SECTION IV - PAGE 2 SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E ", "Development Plan ", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, ar land or water used, in whole or in part, of other than the following: A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities B. Permitted Accessory Uses and Structures 1. Pro- -shop, practice driving range, and other customary accessory uses of golf courses or other recreational. facilities. 2. Sma:.l commercial establishments, including gift: shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended cc exclusively serve patrons of the golf and country club or other permitted recreational facilities. 3. Shuffleboard courts, swimming pc,ols, and other types of facilities inter►ded for recreation. 4. Tennis and other racquet sportE courts. 5. Maintenance shops and equipment storage. 6. Non - commercial plant nursery. C. General Requirements 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment cf buffer areas. 2. Buildings shall be set back a m:_nimum of fifty (50) feet from abutting residential districts and twenty five (25) feet SECTION V - PAGE 1 ,r from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to a.ct as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. D. Maximum Height Fifty (SO) feet above the finished grade of the lot. E. Off - Street Parking The off - street parking will be as required by the Collier County Land Development Code. F. Off- Street Parking Landscaping Landscaping shall be provided as recuired by the Collier County Land Development Code. G. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. SECTION V - PAGE 2 L �� SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit "E". 6.02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a ground recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE ,. The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another o0jective will be r.o prohibit vehicles and construction equipment; unless specifically approved by the Development Services Direc>or for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, an& others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management systE!m that meets the requirement of ac,-!ncy permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio- phy,3ical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow -way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and /or updated for further details.] The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County engineer, Development Service's Director, other appropriate County departments, and other governmental permitting agencies. SECTION VI - PAGE 1 r `� 6.04 PERMITTEI) USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Limited access roads. 2. Nature trails and pedestrian and golf cart boardwalks. 3. Paths and bridges to provide access from the uplands through the area. 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Development: Services Director. r 6.05 REGULATIONS A. General 1. All development including clearing, grading and /or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department. 2. All structures or other development shall be subject to receipt of necessary permits and authorizations from applicable County, State and Federal Governmental agencies. SECTION VI - PAGE 2 SECTION VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within THE WOODLANDS designated on Exhibit "E ", PUD Master Plan, as R. 7.02 MAXIMUM DWELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated R. 7.03 GENERAL DESCRIPTION Areas designated as R c.,-. the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non- residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based an conceptual designs and is approximate. Actual acreages of all development tracts will be provided at: the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part:, for other than the following: A, Permitted Principal Uses & Structures: 1. Single family detached dwellings 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached, duplex, patio, cluster attached, cluster detached,, villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. SECTION VII - PAGE 1 y�i 4. Parks, open spaces and other recreational outdoor facilities. 5. Sewage treatment, water treatment and water storage. 6. Multi- Family Dwellings including Garden Apartments. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Model homes and model dwellincr units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5. Signs as permitted by the Collier County Land Development Code in effect at the time a building permit is requested. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Service: Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STANDARDS A. Table: II sets forth the development standards for land uses within the: "R" Residential District. B. Site development standards for category 1 uses apply to individual residential lot boundaries. Categary 2 and 3 standard; apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. SECTION VII - PAGE 2 ,* Y `, D. Development standards for uses not specifically set forth in Table II shall be established during rite Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. F. No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. G. Single Family zerci lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall be defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. H. Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. I. Landscaping shall be provided as required by the Collier County Land Development Code in effect at the time a building_ permit is requested. J. A landscaped buffer shall be provided along any tract boundary adjacent to THE WOODLANDS project boundary including adjacent to the roadway along the east and west: project boundaries. A landscaped buffer is not required along tract: boundaries adjacent to internal roadways where a preservation area exists or where the! golf course exists. The design of the buffer shall meet the standards of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. K. Differing housing types on the ,came tract must be compatible, unless the following standards are adhered to: SECTION VII - PAGE 3 1. The differing housing types are physically separated into discrete areas, such as separation by common amenities or water management areas; or 2. Landscaping or berms /walls are! provided meeting the standards of Division 2.4 of the Collier Country Land Development Code. SECTION VII - PAGE 4 IV L �� TABLE II THE WOODLANDS DEVELOPMENT STANDARDS FOR RESIDEN'.CIAL AREAS PERMITTED USES SINGLE PATIO DUPLEX MULTI - AND STANDARDS FAMILY AND VILLAS FAMILY DETACHED ZERO LOT TOWNHOUSES AND LINE GARDEN MULTI- APARTMENTS FAMILY (4 OR MORE LOW RISE STORIES) Category 1 2 = 4 Minimum Lot 6,000 SF 5,000 SF n/a 1 AC Area Minimum Lot Coiner Lot 45 n/a 150 Width 75 Interior Lot 60 Front Yard 20 20 *1 20 *2 Side Yard 10 10 *' *2 Rear Yard 15 *` *' *2 Maximum 40*' 3 5 4010 *' Building Height Distance 20 10 15 *s *6 Between Principal Structures Principal 1,000 S.F. 1,000 S.F. 1,000 S.F. *' Structure Floor Area Min. (S.F.) All distances are in feet unless otherwise noted. 1. Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide: for guest parking other than in private driveways may reduce front yard requirement to five (5') feet for the garage and fifteen (151) feet for the remaining structures. 2. Fifty feet from major collector roads designated on the Master Plan, twenty -five feet from tract or development parcel lines and /or from the edge of the gutter or private road, twenty -five SECTION VII - PAGE 5 �r Y feet or one -half the height of the structure, whichever is greater, except that detached accessory structures shall be set back twenty feet or one -half the height, whichever is greater. 3. A principal use building shall be setback a minimum of 25 feet: from tract /lot: boundaries and all other user shall be setback a minimum of 15 feet from tract /lot boundaries. 4. Zero (01) feet or a minimum of five (51) feet on either side except that where the zero (01) feet yard option is utilized, the opposite side of the structure shall have a ten (101) foot yard. Zero (0') feet yards may be used on both sides of a structurE! provided that the opposite ten (101) yard is provided. 5. Building height shall be vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure of the lot. Accessory buildings limited to 15 feet above fin.shed grade. 6. Four habitable floors above parking. A maximum of seven '► habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or final site development plan. Buildings adjacent to the project's boundary property line on the west shall be limited to three habitable floors above parking. 7. Between any two principal structures -- one -half the sum of their heights but not less than 15 feet. 8. Between any two principal structures -- one -half the sum of their heights. Between any two accessory structures -- one -half the sum of their heights. In the case of clustered buildings with common architectural themes, the distance ma,r be less, provided conceptual and /or final site development plan is approved. 9. 750 square feet of living area per dwelling unit within principal structure. SECTION VII - PAGE 6 Y SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this section is to set forth the plan and regulations for the areas designated on Exhibit "E" Development Plan as Community Shopping and Business Office Center ( "C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or .land or water used, in whole or in part, for other than the following: A. Permitted Uses 1. Antique shops 2. Appliance stores �► 3. Art studios 4. Art supply shops 5. Automobile service stations 6. Bakery shops 7. Banks and financial institutions 8. Barber and beauty shops 9. Bath supply stores 10. Bicycle sales and service 11. Book stores 12. Carpet sales -not including storage or installation 13. Child care center subject to site plan approval 14. Clothing stores 15. Cocktail lounges 16. Confectionery and candy stores 17. Delicatessens 18. Drapery shops 19. Drug stores 20. Dry goods stores 21. Florist shops 22. Food Markets 23. Furniture stores 24. Gift shops 25. Golf equipment and supplies 26. Golf driving range 27. Gourmet shop 28. Hardware stores 29. Health food stores and health facilities 30. Hobby supply stores 31. Ice cream stores 32. Interior decorating showrooms and office 33. Jewelry stores 34. Laundries SECTION VIII - PAGE 1 35. Liquor stores 36. Locksmith 37. Medical clinics 38. Millinery shops 39. Music stores 40. Offices, general and professional 41. Office supply stores 42. Paint and wallpaper stores 43. Pet shops and supplies 44. Photographic equipment stores 45. Post office 46. Radio and television sales and service 47. Restaurants 48. Shoe sales and repairs 49. Shopping centers 50. Souvenir stores 51. Stationery stores 52. Tailor shops 53. Tile sales - ceramic tile 54. Tobacco shops 55. Toy shops 56. Tropical fish stores 57. Variety stores 58. veterinary office & clinics (no outside Kenneling) 59. Watch and precision instrument :repair shops 60. Any other commercial use or professional service: which is comparable in nature with the foregoing uses and which the Director determines to bE! compatible in the district. 61. Plater management facilities B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Temporary sales /information facilities may be permitted at the Director's discretion. 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. A buffer area of at least 10 feet shall be maintained between parking areas and any roadways. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one -half the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme. These distances may be less provided that a site dE!velopment plan is approved by the Director. SECTION VIII - PAGE 2 L `� 8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when site development plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF- STREET PARKING & OFF- STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by the Land Development Code of Collier County. 8.09 SIGNAGE 'r Signs as permitted by the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by the Land Development Code of Collier County. SECTION VIII - PAGE 3 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan illustrate a preliminary development plan. B. The design, criteria and lay -out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the cons :inued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan., compatibility with surrounding uses, and maintenance of the preservation areas. E. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and :Location and treatment of buffer areas. F. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads necessary to construct and build certain facilities on the project. G. Water management facilities and lakes shall be only the size and depth required to meet the needs of the! developer for fill on the property or as required for water management and water quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Land Development Code Section 3.5.7.3.1. SECTION IX - PAGE 1 L` 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer 1. Water distributions and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. water and sewer facilities constructed within platted right:, -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not:, required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rages. Should the County not be in a position to provide water and /or sewer service to the project, the water and /or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and /or sewer facilities are available to serve the project. 4. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and /or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and /or receive the project's wastewater at the time development commences, the Developer, at his expense, will SECTION IX - PAGE 2 ,. �t install and operate interim water supply and on -site treatment facilities and /or interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, state that: a) The proposed water supply and on -site treatment facilities and /or on -site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off -site water facilities and/or off -site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands approved by the County for development. The utility ' facility(ies) may not be expanded to provide water and /or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off -site water facilities, and /or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site they interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent: with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off -site water and /or sewer facilities will be made by the owners, the assigns or successors at no cost to the County within 180 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and /or sewer lines necessary to make the connection(s), etc. d) At the time County off -site: water and /or sewer facilities are available for the project to connect with, the following water and /or surer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and /or sewer facilities constructed in publicly owned rights -of -way or within utility easements required by the County within the project limits and SECTION IX - PAGE 3 those additional facilities required to make connection with the County's off -site water and /or sewer facilities; or 2) All water and sewer facilities required to connect the project to the County's off -site water and /or sewer facilities when the on -site water and /or sewer facilities arse constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; e) The customers served on an interim basis by the utility system constructed by the Developer shall become customer: of the County when County water and /or sewer facilities are available to serve the project and such connection is made. Prior- to connection of the project. to the County's water and /or sewer- facilities the Developer, his assignees, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be! responsible for the water and /or sewer service billing for the project. f) All construction plans and technical specifications related to connections to the County's off -site water and /or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County at its option may lease for operation and maintenance the water distribution and /or sewage collection and transmission system to the project Developer or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities. The Lease, if required, shall remain in effect until the County can provide water and /or sewer service through its off-site facilities or until such time that bulk rate water and /or sewer service agreements are negotiated with the interim utility system serving the project. SECTION IX - PAGE 4 B. Data required under County Ordinance No. 80 -112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Developer shall submit a copy of the approved DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on -site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average a:,-id peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D. When the County has the ability to provide sewage treatment and disposal and /or water supply and distribution services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and THE WOODLANDS owner, with THE WOODLANDS assuming all costs for the connection work to be performed. E. The project's Owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized THE WOODLANDS has first rights to effluent generated by the project. F. The County may require, and the! developer agrees to furnish a site up to 2 acres in size for 2 M.G. storage tank and re -pump facility at a mutually agreeable location. The County has until January 1, 1990 to notify the owner if the site will be required. The owner shall set aside the site for County use. In the event the tank and /or re -pump facilities have not been installed by 1995, the County shall relinquish its interest in the site. It is understood that the County may require THE WOODLANDS to install a water storage tank on site if County water facilities are not available at the time occupancy of the development has commenced. Should the County desire to oversize these facilities in anticipation of future demands and growth when the County's water facilities are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the developer for such oversizing. G. Construction and ownership of the water and sewer facilities, including any proposed interim water and /or sewage SECTION IX - PAGE 5 treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, et:c. in effect at the time construction approval is requested. H. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to prcvide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a some 4 owners association. In addition, any future recreational facilities, as may be needed by the future: residents of this project, shall be funded through a system of revenues collected by the home owners association. Every residential unit owner of thi: development shall become a member of the home owners association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, section 9.02 -F, states that the road: may be private. The road through the commercial area may possibly be designated public providing all design requirements and stipulations of the Engineering Department are complied with at: time of design and construction. C. The project shall be provided with three (3) access points to Immokalee Road. d. All access roads /drives shall be limited to the access points shown on the master plan. The proposed commercial area: shall not have direct access to Immokalee Road. All drives shall. be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747, Florida Statutes) . f. If the four laning of Immokalee Road has not been started, the developer shall provide an eastbound left turn storage SECTION IX - PAGE 6 L �� lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north -south local road on the! western side of the project shall be constrained to a two lane (sixty foot. (601) right of way) configuration over the north half of the project. 9.08 STREETS The streets within the project may be privately owned and maintained. The access streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment upon approval of the County Engineer and the Development Services Department. Typical sections are attached as Exhibit "G". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name: signs shall be approved by the County Engineer but need not meet: U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging_ requirements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street right of way and cross - section for specified private roads shall be as shown on :Exhibit "G"; provided that a sidewalk or bikepath be provided on both sides of four lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.:2.8.4.16: The 1,000 feet maximum dead -end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 feet tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. SECTION IX - PAGE 7 F. Land Development Code, Sections 3.2.8.3.24 and 3.2.8.4.20: The requirement for blank utility casings shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that PRM's be installed in typical water valve cover is waived. H. Right -of -Way requirements shall be determined in accordance with the general requirements of Division 3.2 Subdivisions, however, road right -of -way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES Polling Places shall be provided in accordance with Collier � County Land Development Code, and as may be amended in the future. 9.11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwater Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida water Management. District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation /mitigation areas, upland buffer zones, and /or upland preservation areas shall be dedicated as conservation and common areas in conservation easements as well as on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11- 01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11- 01232S, and U.S. Army Corps of Engineers Permit No. 198990960].PMN. Any amendments to these Permits shall be subject to review and approval by Current_ Planning Environmental Review Staff. SECTION IX - PAGE 8 Y � E. Buffer zones adjacent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. 11- 01232S. F. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan /construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11- 01232S. G. Replacement and mitigation plantings shall be randomly spaced and /or clumped at the densities quoted in The Woodlands Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water. Management Advisory Board and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code. D. Storage of hazardous materials in aboveground and underground tanks shall conform to the m_nimum requirements provided in F.A.C. 17 -61. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the: EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) SECTION IX - PAGE 9 t �� designated farm crossings in Section 20 unless previously completed by other parties. F. When required by the County, the developer agrees to contribute his fair share on a pro -rata tributary area /run -off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 9.13 FIRE STATION Prior to issuance of any building permits, a fire station serving this project must be operating within five (5) miles of the project. 3•NOODL.MM \PUD.FNL October 24, 1996 SECTION IX - PAGE 10 IV L `� EXHIBIT "B" Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right -of -way, also excepting the following described parcels located in said Section 21, E % of SW IX of NW 1,(, and the W M of SE 1,( of NW !4, and the W % of SW 'X of SE IX, and the W % of W % of SW % of SE ;4, and the SE IX of SW 1,( of E % of W M of SW 14 of SW U, and the E % of SW U of SW i4. All of the foregoing subject to any limitations, dedications, reservations, restrictions or easements of record. Property contains: 500.11 acres t 3- WOODLAND \LEGAL iy LAND USE SUMMARY 0C RIP710N / PARCEL ACRLi "r5mri' I33.0 C0RNERCUL Its ROAD RO.R. RE7IAN0 PRPSERYC 20.6 1I0 .t O COURSE; OPEN SPACE LRAM AND CIURHOUSE Srrr IS'/O MrAL PRO/ALT 5001 EXHIBIT "Ell F- 1n w E 0 In Li i N LO d Do 50'• R.O.W. S' EASEMENT 1 1/2- ASPHALTIC (SIDEWALK AND EASEMENT CONCRETE REQUIRED ON LOCAL STREETS) Z' ,2• o.DZ F1 V-7-7 MIALK WHERE REQUIRED 'R.O.W. MAY EIE DECREASED WITH APPROPRIATE JUSTIFICATION AND ADEQUATE PROVISIONS FOR UTILITIES. 10' 2 SLOPE 2' VALLEY CUTTER OR CURB 6- UMEROCK BASE (PRIMED) 12• STABILIZED SUB GRADE (LBR 40) NO1F. 50'* R.O.W. SECTION ' SHALL BE 40' (MN)ENT RADIUS N.T.S. 2. CUL -DE -SAC R/W RADIUS SHALL BE SO' (MIN). 2 R. 60' R.O.W. SECTION N. T. S. 100' R.O.W. 24 12' MIN 24 12• 0.02 FT /FT S. PE 6' MIN. WALK CURB - 11/2' ASPHALTIC a- UNFROCK BASE (PRIMED) 2' VALE- �;U TER OR CLPfI CONCRETE - 12- STABILIZED SUB GRADE (LB: 40) 100' R.O.W. SECTION j N T S. I EXHIBIT G HOLE MONTE9 3 ASSOCIATES ji ENGINEERS- P'L.ANI�ER6- BUR VE YORB THE WOODLANDS ROADWAY SECTIONSI jw I "2%0*95� 715 10th Street S., Naples, FL 33939 - Phone :(241) 262 -4517 '-' *moo" - 'L" /9� E ntl' 1 1/2- ASPHALTIC CONCRETE 10' SLOPE 2' 12' 0.02 FT /FT J 12• 4• MIN. WALK 2' VkLLET GUTTER OR CURB B' UMEROCK EASE (PRIMED) 12' STABILIZED SUE. GRADE (LBR 40) 60' R.O.W. SECTION N. T. S. 100' R.O.W. 24 12' MIN 24 12• 0.02 FT /FT S. PE 6' MIN. WALK CURB - 11/2' ASPHALTIC a- UNFROCK BASE (PRIMED) 2' VALE- �;U TER OR CLPfI CONCRETE - 12- STABILIZED SUB GRADE (LB: 40) 100' R.O.W. SECTION j N T S. I EXHIBIT G HOLE MONTE9 3 ASSOCIATES ji ENGINEERS- P'L.ANI�ER6- BUR VE YORB THE WOODLANDS ROADWAY SECTIONSI jw I "2%0*95� 715 10th Street S., Naples, FL 33939 - Phone :(241) 262 -4517 '-' *moo" - 'L" /9� E ntl' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 96 -64 Which was adopted by the Board of County Commissioners on the 22nd day of October, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of October, 1996. )v DWIGHT E. BROCK ' Clerk of Courts and Clerk Ex- officio to Board-of County Commissioner B Maureen Keny v Deputy Clerk ••. 18A • Friday, January 28, 2011 • Naples Daily News 41b PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M.. Thursday February 17. 2011, in the Board of County Commis- sioners meeting room, third floor, Administration Building, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida, to consider: PUDZ- 2009 -AR -14425 An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004 -41, as amended, the Collier County Land Devel- opment Code, which includes the comprehensive zoning regu- lations for the Unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by chang- ing the zoning classification of the herein described real prop- erty from a Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district to allow for development of up to 135,000 square feet of commercial devel- opment and /or a retirement community /group housing at a FAR of .60 and /or a hotel /motel of an intensity of 26 units per acre for a 23.33 + /- acre parcel to be known as the Addie's Corner MPUD located in the northwest quadrant of the intersection of Immo- kalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] All interested parties are invited to appear and be heard. Individ- ual speakers will be limited to 5 minutes on any item. Expert wit- nesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have writ- ten or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 17 2011, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commission- ers, if applicable. HERITAGE BAY MIRASOL (DRI) 23 -4 zz PROJECT ADDI LOCATION N CORNER (P) E•s KA PLES- I NAMMOLEE ROAD (C.fl. 8461 SUMMIT o RICHLAND LAKES ¢ ¢ m TUSCANY - 3 V COVE 27 26 HABITAT 25 CRYSTAL WOODCREST p LAKE INDIGO DIGO LAKES BRITTANY BAY WARM SPRINGS APARTMENTS Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and there- fore may need to ensure that a verbatim record of the proceed- ings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 23178$480 January 28 2011 AGENDA ITEM 9 -D Collier C014nty SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: FEBRUARY 17, 2011 SUBJECT: PUDZ- 2009 -AR- 14425; ADDIES CORNER MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) Owner / Applicant. Happy #4 Family Corporation c/o Larry Pomposini 927 N. Highland Avenue Pittsburg, PA 15206 "Agents: Robert L. Duane, AICP HoleMontes 950 Encore Way Naples, FL 34110 REQUESTED ACTION: Richard D. Yovanovich, Esquire Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Rural Agricultural Zoning District to the Mixed Use Planned Unit Development District (MPUD) Zoning District to allow development of a maximum of 135,000 square feet of commercial development and/or a retirement community /group housing at a FAR of 0.60 and/or a hotel/motel at an intensity of 26 units per acre for a project to be known as the Addies Corner MPUD which consists of a 23.33 acre parcel located in the northwestern quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951). The retirement community /group housing may include independent living facilities, assisted living facilities and/or skilled nursing facilities. The retirement community /group housing and hotel/motel development are not included in the 135,000 square feet of commercial development. PROJECT STATUS: -`__'-he Collier County Planning Commission originally heard this petition on November 18, 2010. At that nearing, the petitioner continued the petition to address concerns raised by the CCPC at that hearing. A Addies Comer MPUD, PUDZ 2009 -AR -14425 Page 1 of 3 February 17, 2011 CCPC Revised: 1/21/11 c summary of these issues has been provided in the petitioner's resubmittal letter dated December 6, 2010 (see copy attached). The applicant's agent has also submitted a revised PUD document and a revised n Master Concept Plan. ADDITIONAL ANALYSIS: Staff's original recommendation was to add the following stipulation: The development within this project shall be limited to 1, 044 unadjusted two -way, PMpeak hour trips (or 708 adjusted two -way, PMpeak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. The terms `adjusted' and "unadjusted" shall reference allowances for pass - by and internal capture trip reductions. For purposes of calculation of the weekday PMpeak hour trip generation for this PUD, the lesser of the weekday PMpeak hour trips as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8rh Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. The petitioner has added this stipulation, as shown in Exhibit F. Therefore, the stipulation no longer needs to be included. Analysis of the current documents now indicates that this PUD can be deemed consistent with the Growth Management Plan (GMP). ATTACHED INFORMATION: The Staff Report prepared for the November 18, 2010 Planning Commission meeting is attached. A copy of the applicant's December 7, 2010 letter is attached along with the documentation provided by the petitioner showing compliance with the Neighborhood Information Meeting requirements for the meeting scheduled for December 16, 2010. Also attached is the current draft Ordinance with the revised PUD document. NEIGHBORHOOD INFORMATION MEETING (NIM): This petitioner has held two Neighborhood Information Meetings. The first NIM was held on December 7, 2009. The NIM synopsis was provided in the staff report prepared for the November 18, 2010 CCPC. A second NIM was scheduled and duly noticed for December 16, 2010 to address issues raised at the CCPC hearing regarding project intensity and building height. No one from the public attended the second meeting, so no presentation was made. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on January 24, 2011. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDZ- 2009 -AR- 14425 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the conditions of approval that have been incorporated in the PUD Ordinance of Adoption. Addies Corner MPUD, PUDZ- 2009 -AR -14425 Page 2 of 3 February 17, 2011 CCPC Revised: 1/21/11 PREPARED BY: CA� SeAd, KAY ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMOND V. BELWWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES irwL 2�j�enk - LIAM D. fo z, JR ; P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NI CASALANGUIDA, DE'PWTADNINISTRATOR GROWTH MANAGEMENT DIVISION /r DATE DATE a 2..6 Zv/ DATE / "7(-// DATE Tentatively scheduled for the April 12, 2011 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Addies Corner CPUD, PUDZ- 2009 -AR -14425 February 17, 2011 CCPC Revised: 1/20/11 DATE Page 3 of 3 ORDINANCE NO. 2011- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 135,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND /OR A RETIREMENT COMMUNITY /GROUP HOUSING AT A FAR OF .60 AND /OR A HOTEL/MOTEL AT AN INTENSITY OF 26 UNITS PER ACRE FOR A 23.33 + /- ACRE PARCEL TO BE KNOWN AS THE ADDIS'S CORNER MPUD, LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Happy #4 Family Corporation, represented by Robert L. Duane, AICP of Hole Montes and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for development of up to 135,000 square feet of commercial development and/or a retirement community /group housing at a FAR of .60 and/or a hotel/motel at an intensity of 26 units per acre for a 23.33 + /- acre parcel to be known as Addie's Corner MPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, Addies Comer PUDZ- 2009 -AR -14425 Revised 1/24/11 Page 1 of 2 as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST: DWIGHT E. BROCK, CLERK .0 , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments 09 -CPS- 00951/66 Addies Comer PUDZ- 2009 -AR -14425 Revised 1/24/11 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LISA FRED W. COYLE, Chairman A*0'1 nio EXHIBIT "A" LIST OF PERMITTED USES ADDIES CORNER MPUD 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: I. Tract A - Permitted Commercial Principal Uses: A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses (N /A) 7. Architectural services (8712) 8. Auto & Home Supply Stores (5531) 9. Bakeries, Retail (5461) 10. Banks, commercial: national (6021) 11. Banks, commercial: not chartered (6029) 12. Banks, commercial: state (6022) 13. Banks, savings: Federal (6035) 14. Banks, savings: not federally chartered (6036) 15. Barber Shops (7241) 16. Beauty Shops (7231) 17. Book Stores (5942) 18. Business Associations (8611) 19. Business Consulting Services, not elsewhere classified (8748) 20. Camera & Photographic Supply Stores (5946) 21. Candy, Nut & Confectionery Stores (5441) 22. Carpet and Upholstery Cleaning (7217) 23. Civic, Social and Fraternal Associations (8641) 24. Clothing & Accessory Stores, Men's & Boy's (5611) 25. Clothing Stores, Women's (5621) 26. Collection Services (7322) 27. Commodity Contracts Brokers & Dealers (6221) 28. Commercial Art & Graphic Design (7336) 29. Commercial Photography (7335) 30. Commercial Economic, Sociological & Educational Research (8732) 31. Computer & Computer Software Stores (5734) 32. Computer Facilities Management Services (7376) 33. Computer Maintenance and Repair (7378) 34. Computer Processing & Data Preparation Services (7374) 35. Computer Programming services (7371) Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 0 1 -26-11 Page 1 of 12 36. Computer Rental & Leasing (7377) 37. Credit Reporting Services (1323) 38. Credit Unions, Federal (6061) 39. Credit Unions, State: not federally chartered (6062) 40. Dairy Products Stores (5451) 41. Data Processing Consultants (7379) 42. Dance Studios, Schools & Halls (7911) 43. Data Processing Services (7374) 44. Dental Laboratories (8072) 45. Dentist Office /Clinic (8021) 46. Direct mail advertising service (7331) 47. Direct Selling Establishments (5963) 48. Doctors - Medicine Offices & Clinics (8011) 49. Doctors - Osteopathy Offices & Clinics (8031) 50. Doctors - Chiropractors Offices & Clinics (8041) 51. Drapery, Curtain & Upholstery Stores (5714) 52. Drinking Places (Alcoholic Beverages); Bottle Clubs and Cabarets (5813) are not permitted 53. Drug Stores (5912) 54. Eating Places (5812) 55. Engineering services: industrial, civil, electrical, mechanical, marine (8711) and design 56. Executive Offices (9111) 57. Executive & Legislative Offices Combined (9131) 58. Fire, Marine & Casualty Insurance Services (6331) 59. Floor Covering Stores (5713) 60. Florists (5992) 61. Food Stores, Miscellaneous (5499) 62. Foreign Branches & Agencies of Banks (6081) 63. Foreign Trade & International Banking Institutions (6082) 64. Furniture Stores (5712) 65. Funeral home or parlor (7261) 66. Gasoline Service Stations (5541) 67. General Government, not elsewhere classified (9199) 68. Gift, Novelty & Souvenir Shops (5947) 69. Grocery Stores (5411) 70. Hair weaving or Replacement Services (7299) 71. Hardware Store (5251) 72. Health practitioners - not elsewhere classified (8049) 73. Hobby, Toy & Games Shops (5945) 74. Home health care services (8082) 75. Hotels & Motels (7011) 76. Household Appliance Stores (5722) 77. Hospital & Medical Healthy Services (6324) 78. Information Retrieval Services (7375) 79. Insurance Carriers, not elsewhere classified (6399) 80. Investment Advice (6282) 81. Jewelry Stores (5944) 82. Land Subdividers & Developers (6552) 83. Landscape architects, consulting & planning (0781) 84. Laundries (Coin Operated) & Dry - cleaning (7215) Addies Corner MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 2 of 12 QO 85. Legal services (8111) 86. Libraries (except regional libraries) (8231) 87. Life Insurance Services (6311) 88. Liquor Stores (5921) 89. Loan brokers (6163) 90. Luggage & Leather Goods Stores (5948) 91. Management Services (8741) 92. Management Consulting Services (8742) 93. Markets, Meat & Fish (Seafood) Markets (5421) 94. Markets, Fruit & Vegetable Markets (5431) 95. Medical Equipment Rental & Leasing (7352) 96. Medical Laboratories (8071) 97. Membership Organizations, not elsewhere classified (8699) 98. Miscellaneous amusement and recreational services not elsewhere (7999) classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 99. Miscellaneous Business Credit Institutions (6159) 100. Miscellaneous General Merchandise Stores (5399) 101. Miscellaneous Home Furnishings Stores (5719) 102. Miscellaneous personal services, not elsewhere classified excluding (7299) massage parlors, steam baths, tattoo parlors and Turkish baths. 103. Miscellaneous Retail Stores, not elsewhere classified (5999) 104. Mortgage Bankers & Loan Correspondents (6162) 105. Musical Instrument Stores (5736) 106. News Dealers & Newsstands (5994) 107. Nondeposit Trust Facilities (6091) 108. Optical Goods Stores (5995) 109. Optometrists - offices & clinics (8042) 110. Paint, Glass & Wallpaper Stores (5231) 111. Pension, Health and Welfare Funds Services (6371) 112. Personal Credit Institutions (6141) 113. Photocopying & Duplicating Services (7334) 114. Photographic Studios, Portrait (7221) 115. Photofinishing Laboratories (7384) 116. Physical Fitness Facilities (permitted only when physically integrated (7991) and operated in conjunction with another permitted use in this district - no stand alone facility permitted) 117. Podiatrists - offices & clinics (8043) 118. Political Organizations (8651) 119. Professional Membership Organizations (8621) 120. Professional Sports Clubs & Promoters (7941) 121. Public Relations Services (8743) 122. Radio, Television & Consumer Electronics Stores (5731) 123. Radio, Television & Publishers Advertising Representatives (7313) 124. Real Estate Agents and Managers (6531) 125. Record & Prerecorded Tape Stores; adult video rental or sales (5735) prohibited 126. Religious Organizations (8661) 127. Repair Shops & Related Services, not elsewhere classified (7699) 128. Retail Nurseries, Lawn & Garden Supply Stores (5261) Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 3 of 12 129. Secretarial and Court Reporting Services (7338) 130. Security Brokers, Dealers & Flotation Companies (6211) 131. Security and Commodity Exchanges (6231) 132. Sewing, Needlework & Piece Goods Stores (5949) 133. Services Allied with the Exchange of Securities or Commodities, not (6289) elsewhere classified 134. Shoe Repair Shops and Shoeshine Parlors (7251) 135. Short-Term Business Credit Institutions, except agricultural (6153) 136. Social Services, Individual & Family (activity centers, elderly or (8322) handicapped only; day care centers for adult & handicapped only) 137. Sporting Goods Stores & Bicycle Shops (5941) 138. Stationery Stores (5943) 139. Stores, Children's and Infants Wear (5641) 140. Stores, Family Clothing (5651) 141. Stores, Miscellaneous Apparel & Accessory (5699) 142. Stores, Shoes (5661) 143. Stores, Women's Accessory & Specialty (5632) 144. Surety Insurance Services (6351) 145. Surveying Services (8713) 146. Tanning Salons (7299) 147. Tax Return Preparation Services (7291) 148. Title Abstract Offices (6541) 149. Title Insurance Services (6361) 150. Tobacco Stores & Stands (5993) 151. Travel Agencies (no other transportation services) (4724) 152. Used Merchandise Stores (5932) 153. Veterinary services for animal specialties (0742) 154. Video Tape Rental, adult video rental or sales prohibited (7841) 155. Watch, Clock & Jewelry Repair (7631) II. Tract A - Permitted Group Housing/Retirement Community/principal Uses: A. Group Housing, 8051 Skilled Nursing, Intermediate Care Facilities 8052, Nursing and Personal Care not else classified 8059. B. Independent Living Units C. Assisted Living Units D. Retirement Community III. Tract A — Permitted Accessory Uses: Accessory uses customarily associated with the permitted principal uses, including, but not limited to: A. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 4 of 12 n B. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. IV. Tract B — Permitted Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the MPUD Master Plan, that is required to be a minimum of 8.85 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. V. Group Housing Retirement Community Commitments: The developer of the group housing /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: The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager /activities coordinator to assist residents with their individual needs. The manager /coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed so that a resident can age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Addies Corner MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 5 of 12 EXHIBIT B DEVELOPMENT STANDARDS ADDIES CORNER MPUD The table below sets forth the development standards for land uses within the Addies Corner MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. 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). ** 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 135,000 of commercial development For each acre of Group Housing/Retirement Community or Hotel/Motel or fraction thereof developed, 10,914 S.F. of commercial development will be reduced on Tract "A" * * ** The maximum height and setbacks shall be the same as those for office buildings. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 6 of 12 1001 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) (See paragraph below) From Immokalee Road Canal ROW 25 ft. SPS From Eastern Project Boundary 25 ft. 15 ft. From Western Project Boundary 25 ft. 15 ft. From Northern Project Boundary —As Shown 521 ft. Minimum 521 ft. Minimum 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 BUILDINGS 1/2 the sum of building heights ** 10 ft. MAXIMUM HEIGHT ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. Office Buildings 55 ft. 65 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 135,000 sq. ft. * ** N/A GROUP CARE FACILITIES Maximum 0.60 F.A.R. up to 26 units per acre * * * & * * * * N/A HOTEL & MOTEL Maximum 26 units per acre * ** & * * ** 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). ** 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 135,000 of commercial development For each acre of Group Housing/Retirement Community or Hotel/Motel or fraction thereof developed, 10,914 S.F. of commercial development will be reduced on Tract "A" * * ** The maximum height and setbacks shall be the same as those for office buildings. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 6 of 12 1001 II. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST In the event amendments are made to the Tree Farm MPUD to the east of this MPUD to allow for a unified development plan of both properties, a zero setback shall be allowed along the common property line of this MPUD. III. ALTERNATIVE LANDSCAPING EAST PROPERTY LINE A minimum 6 -foot height hedge, minimum 3 -foot in spread, planted a maximum 4 -feet on center, 100% opaque at planting shall be installed along the east property line, in lieu of a wall, along with other requirements of a Type B Landscape buffer. IV. A stipulation has been added that outside amplified music is prohibited. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 7 of 12 m x z L1. FU RE SHARED ACCESS TO THE EAST �uvR9vom vA1NWAr jj li l !i l9'twE b' wWRt, IRWTER �I 0 0 li ISTR6'A• nWTU .J ._._._. ._._. 0 o L r j l 0 0 TRACT 'A' PRA PA 1WAY2 l UU ,6,„E •C ■MR 0 0 _ 1Q1Y1E v 0 0 0 6NiER 1W1,PE lr IS TW2 Y IWWRII, O FUTURE SHARED ACCESS N THE WEST DOSRN9 SITF SUMMARY ACREAGE ii II PROJECT II % OF TOTAL jI Pun« , SITE I II I v.,run> II ' ' 53.02 S ALQSR ro wa mro II AccSaavmnES � II 6.90 37.94 ( t�ASa PWwEn s1E _ 2.14 6.85 Ac. OR 37.93% PROVIDED. It; it N �I 3 RloaAro "11 r®RaaoaW II- JID. rv,OVV41G II I 1 ; III j I PREPARED FOR: LARRY POMPOSINI S ? 950 Encore Way RENSED 01/26 /2011 i NRPIee. FL. 31110 RENSED 04/12 /2010 REVISED 01/25/2011 y PMne: 12391250 -2000 RENSED 07/16/2010 REVISED 12/27/2010 HOLE MONIES Fbritle C9Hif�Uaf RENSED 11/03/20M REVISED 12/02/2010 ewa iu9' AV,hok tbO No.i712 REVISED 10/30/2009 RENSED 07/09/2010 FU RE SHARED ACCESS TO THE EAST �uvR9vom vA1NWAr jj li l !i l9'twE b' wWRt, IRWTER �I 0 0 li ISTR6'A• nWTU .J ._._._. ._._. 0 o L r j l 0 0 TRACT 'A' PRA PA 1WAY2 l UU ,6,„E •C ■MR 0 0 _ 1Q1Y1E v 0 0 0 6NiER 1W1,PE lr IS TW2 Y IWWRII, O FUTURE SHARED ACCESS N THE WEST DOSRN9 SITF SUMMARY LEGEND' 'RIGHT OF WAY EASEMENT SUBJECT TO FINAL DESIGN PLANS. MAXIMUM DEVELOPMENT INTENSITY: D PRESERVE 135.000 S.F. OF COMMERCIAL DEVELOPMENT. FOR EACH ACRE OF GROUP HOUSING/ RETIREMENT COMMUNITY OR HOTEL/ MOTEL 1 OR FRACTION THEREOF DEVELOPED, 10,914 S.F. OF RETAIL AREA WILL BE REDUCED .d ON TRACT W. TOTAL OPEN SPACE REQUIRED 30% - 7,8 Ac. TOTAL OPEN SPACE PROVIDED 65% t 15.23 Ac. II ADDIE'S CORNER EXHIBIT 'C' - MPUD MASTER PLAN i c� u 0 U I 1 1 I I I ; iij ;II 1 I 1 I � 1 1; Hill j lil;Il I I I 1 ; 1 II, X11 1 ; I I 1' ' IIi,II 1 I Ili;ll I I I 1 t , i 1 , Il�ili 1 11 II �;ll II � II nll I II ;�11 r h II II __-_ vswsAaac - -- 5TH I �• u 0 Q w W W J Q Y 0 L IEiT 1VM INE raw. C^' ACREAGE OPEN % OF TOTAL COMMERCIAL DEVELOPMENT (TRACT 'A•) 12.373 4.57± 53.02 RIGHT OF WAY EASEMENT- PRESERVE AREA (TRACT '8') 1.61± 6.65± 1.313 6.65± 6.90 37.94 LAKE 0.50± 0.50± 2.14 6.85 Ac. OR 37.93% PROVIDED. It; it LEGEND' 'RIGHT OF WAY EASEMENT SUBJECT TO FINAL DESIGN PLANS. MAXIMUM DEVELOPMENT INTENSITY: D PRESERVE 135.000 S.F. OF COMMERCIAL DEVELOPMENT. FOR EACH ACRE OF GROUP HOUSING/ RETIREMENT COMMUNITY OR HOTEL/ MOTEL 1 OR FRACTION THEREOF DEVELOPED, 10,914 S.F. OF RETAIL AREA WILL BE REDUCED .d ON TRACT W. TOTAL OPEN SPACE REQUIRED 30% - 7,8 Ac. TOTAL OPEN SPACE PROVIDED 65% t 15.23 Ac. II ADDIE'S CORNER EXHIBIT 'C' - MPUD MASTER PLAN i c� u 0 U I 1 1 I I I ; iij ;II 1 I 1 I � 1 1; Hill j lil;Il I I I 1 ; 1 II, X11 1 ; I I 1' ' IIi,II 1 I Ili;ll I I I 1 t , i 1 , Il�ili 1 11 II �;ll II � II nll I II ;�11 r h II II __-_ vswsAaac - -- 5TH I �• u 0 Q w W W J Q Y 0 L IEiT 1VM INE raw. C^' 1 I I i l l A NAIVE VEGETATION PRESERVATION: EA. 22.6V OF NATIVE HABITAT X .15 a 3.43 Ac REWO. 6.85 Ac. OR 37.93% PROVIDED. It; it N �I I 1 ; III j I PREPARED FOR: LARRY POMPOSINI HAPPY #4 FAMILY CORPORATION 921NDRD,HIGHUINOAVENUE PRTs -H.PA 15A62127 PIbNE: H121 69 5 03 59 EXHIBIT D LEGAL DESCRIPTION ADDIES CORNER MPUD The North one -half (1/2) of the West one -half (1/2) of the Southeast one - quarter (1/4) of the Southeast one - quarter (1/4) of Section 22, Township 48 South, Range 26 East; and The South one -half (1/2) of the West one -half (1/2) of the Southeast one - quarter (1/4) of the Southeast one - quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the south 100 feet thereof, and The East one -half (1/2) of the East one -half (1/2) of the East one -half (1/2) of the Southwest one- quarter (1/4) of the Southeast one - quarter (1/4) of Section 22, Township 48 South, Range 26 East, excepting the south 100' thereof. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 9 of 12 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC ADDIES CORNER MPUD 1. Deviation #1 seeks relief from LDC Section 5.03.02.H.1.a., commercial and industrial districts, which require if located on a contiguous residentially zoned property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district, to not require a wall within a Type B buffer along the east property line of this MPUD adjacent to the Tree Farm MPUD to the east. (See Exhibit C, MPUD Master Plan.) As mitigation for the wall, a 6 -foot height hedge shall be required in addition to the requirements of a Type B Landscape buffer. (Also, see Exhibit B — Development Standards pertaining to Landscaping). 2. Deviation #2 seeks relief from LDC Section 5.05.04 D.l to allow the floor area ratio (F.A.R.) to be increased from 0.45 to 0.60 for a Group Housing/Retirement Community. Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 10 of 12 /'1 EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ADDIES CORNER MPUD I. TRANSPORTATION REQUIREMENTS (Amended by Transportation Staff on 2/4/10) changes accepted on 3/26/10 and then CAO edits put in) 1. The Owner will dedicate in fee right -of -way for the purpose of relocating the Cocohatchee Canal as depicted on Tract A on the MPUD Master Plan, that includes compensatory right -of -way for the turn lane into the project. This area comprises ± 1.62 acres and was based on the most current information available at the time of approval of this ordinance. The property owner will dedicate to Collier County this right -of -way within 90 days of written request of the County at no cost to the County. The County will be responsible to relocate the canal, except only those portions immediately adjacent to (approximately 100' each side of) the proposed bridge. Collier County Transportation will provide design direction to the developer as to the ultimate alignment of the relocated canal prior to the time of SDP approval. 2. The Owner, his successor or assigns shall provide a roadway connection available to adjacent properties to facilitate interconnection to the properties to the east (the Tree Farm MPUD) and West (Mirasol PUD), at the time of submittal of the first development order application. 3. When Owner constructs the bridge providing connection to Immokalee Road it shall be constructed in a location consistent with the future location of the Cocohatchee Canal to accommodate the ultimate canal configuration. This will include relocation of the canal immediately adjacent to (approximately 100' each side of) the proposed bridge. 4. The Owner, his successor, or assigns agrees to construct at no cost to the County a 12' multi -use pathway along the North side of the future location of the Cocohatchee Canal, within property owned by Collier County, which shall connect to the pathway to the West. A 10' pathway may be substituted at this location if consistent with the County's Comprehensive Pathway Plan. This pathway shall be constructed prior to issuance of the first Certificate of Occupancy. 5. The development within this project shall be limited to 1,044 unadjusted two - way PM peak hour trips (or 708 adjusted two -way, PM peak hour trips; correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated November 6, 2009); allowing for flexibility in the proposed uses without creating unforeseen impacts on the Addies Comer MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 11 of 12 adjacent roadway network. The terms "adjusted" and "unadjusted" shall reference allowances for pass -by and internal capture trip reductions. For purposes of calculation of the weekday PM peak hour trip generation of this PUD, the lesser of thecalculated weekday PM peak hour trips as in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. 6. The Owner, his successor, or assigns agrees to be responsible for 2% of the construction costs (not to exceed $50,000) to be considered the PUD's proportionate share of the improvements to the intersection of C.R. 951 and Immokalee Road. Payment shall be due within 90 days of receipt of the County's written request. The term "improvements ", in this paragraph, means the relocation of the canal, the at -grade improvement of turning movements and turn lanes, all other ancillary at -grade improvements (curbs, bike lanes, etc), construction of a relocated bridge over the Cocohatchee Canal, and signalization for all movements. The term does not refer to potential future, grade- separated intersection improvements. II. ENVIRONMENTAL 1. Based on total site acreage of 23.34 acres and 22.65 acres of native habitat area, 3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier County Land Development Code. The MPUD Master Plan shall provide 8.85 acres of preserve area. 2. As a part of the Environmental Resource Permitting process of the South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE), recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel, wood stork, and any other protected species which inhabit or utilize the areas within the project. Addies Corner MPUD PUDZ- 2009 -AR -14425 Last revised: 01 -26 -11 Page 12 of 12 HOLE M ENGINEERS PLANNERS - SURVEYORS LANDSCAPE ARCHITECTS 950 Encore Way • Naples, Florida 34110 • Phone: 239.254.2000 • Fax: 239.254.2099 December 14, 2010 Ray Bellows, Planning Manager Land Development services Department Growth Management Division Planning & Regulation COLLIER COUNTY GOVERNMENT 2800 N. Horseshoe Drive Naples, Florida 34104 RE: PUDZ -AR -14425 ADDIE'S CORNER - MPUD NEIGHBORHOOD INFORMATION MEETING SUPPORT DOCUMENTATION HM: 2006100 Dear Ray: Enclosed herewith, please find the following documents pursuant to the County's NIM requirements and your request: • One (1) (original) executed Affidavit of Compliance (signed by Robert L. Duane); • One (1) copy of the Property Owner's list; and • One (1) copy of the Neighborhood Information Meeting notification letter sent to all Property Owners on Monday, December 6, 2010. Once the NIM has taken place, we will provide you with a copy of the recorded meeting and the remaining post NIM Meeting documentation. Should you have any questions or require additional information, please feel free to contact me. Very truly yours, HOLE MONTES, INC. Tobi D. Charbonneau Permitting Coordinator TDC H:\2006\2006100 \WP \CPUD Rezone 2009WIM (DECEMBER 16, 2010) \RB 101214 NIM SUPPORT DOCUMENTATION.doc Naples • Fort Myers a AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, as amended, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 days prior to the scheduled- Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) Robert L. Duane, AICP, Planning Director State of Florida County of Collier The foregoing Affidavit of Compliance was acknowledged before me this 13th day of December, 2010 by Robert L. Duane, who is personally known to me or who has produced as identification. (Signature of Notary Public) Paulette Debus Charbonneau Printed Name of Notary (Notary Seal) PAULEM DMW CHAMOIS" -0 1 W COMMISSION t DD 8120 EXPIRES Decwter7,2D12 Bw&d Thm No" Pubrc UnMWNn; H:\2006\2006100 \WP \CPUD Rezone 2009\NIM (DECEMBER 16, 2010)\Affidavit of Compliance NIM 101213.doc BOARD OF COUNTY COMMISSIONERS Donald A &Jodi A. Bennett Jack J. Crifasi III Y'k9 Hollow Brook Circle OF COLLIER COUNTY 3rd 77 Burnt Pine Drive les, Florida 34119 3299 Tamiami Trail East, 3 Floor Naples, Florida 34119 -9759 Naples, Florida 34112 -5746 Peter Di Lillo Trust 128 N. 24`h Avenue Melrose Park, Illinois 60160 -3032 Timothy G. Hains Trust Tree Farm Land Trust 1395 Panther Lane, Ste 300 Naples, Florida 34109 -7875 Michael & Natalie E. Marsalli 8483 Hollow Brook Circle Naples, Florida 34119 -9724 Jess W. Dinesen 60 Burnt Pine Drive Naples, Florida 34119 -9759 Omar Hakim & Stephanie Mahoney 75 Burnt Pine Drive Naples, Florida 34119 -9759 Gary M & Kerry M Martell 79 Burne Pine Drive Naples, Florida 34119 -9759 Pebblebrooke Lakes Master Association, Patricia A. Schultheis 1290 10`h Avenue North 8610 Pebblebrooke Drive maples, Florida 34119 -9715 Naples, Florida 34102 -5428 Namik & Vjolica Tabaku 81 Burnt Pine Drive Naples, Florida 34119 -9759 Walgreen Company Attn: Law Department 200 Wilmot Road Deerfield, Illinois 60015 -4620 Tinwood - Pebblebrooke LLC 1 Independent Drive, Ste. 114 Jacksonville, Florida 32202 -5005 Roberto & Maria Zabala 67 Burnt Pine Drive Naples, Florida 34119 -9759 Pedro M & Erin K Garcia 71 Burnt Pine Drive Naples, Florida 34119 -9759 IM Collier Joint Venture c/o Robert G. Claussen P.O. Box 10489 Naples, Florida 34101 -0489 McDonald's Corporation c/o Michael Lee Adams 1023 5`� Avenue North Naples, Florida 34102 -5818 David Stedman 74 Burnt Pine Drive Naples, Florida 34119 -9757 Barry G Trice 76 Burnt Pine Drive Naples, Florida 34119 -9757 Larry Pomposini HAPPY #4 FAMILY CORPORATION 927 North Highland Avenue Pittsburgh, Pennsylvania 15206 H:\2006\2006100 \WP \CPUD Rezone 2009\NIM (DECEMBER 16, 2010)\PROPERTY OWNER ADDRESS LABELS 101202.doc oil HOLE MONTES ENGINEERS - PLANNERS SURVEYORS LANDSCAPE ARCHITECTS 950 Encore Way • Naples, Florida 34110 - Phone: 239.254.2000 • Fax: 239.254.2099 December 6, 2010 RE: ADDIS'S CORNER NEIGHBORHOOD INFORMATION MEETING THURSDAY, DECEMBER 16, 2010 HM PROJECT NO.: #2006100 Dear Property Owner: Please be advised that this firm has submitted a formal application to Collier County requesting a rezone from the Rural Agricultural Zoning District to the Mixed Use Planned .Unit Development District (MPUD) Zoning District to allow development of a maximum of 135,000 square feet of commercial development and/or a retirement community /group housing at a FAR of 0.60 and/or a hotel/motel at an intensity of 26 units per acre for a project to be known as the Addies Corner MPUD which consists of a 23.33 acre parcel located in the northwestern quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951). The retirement community /group housing may include independent living facilities, assisted living facilities and/or skilled nursing facilities. The retirement community /group housing and hotel /motel development are not included in the 135,000 square feet of commercial development. In order to provide you with an opportunity to become fully aware of our intention to the described property as indicated above, and to give you an opportunity to influence the form of development, we are holding a Neighborhood Information Meeting on Thursday, December 163 2010 at 5:30 P.M. at the St. Monica's Episcopal Church, located at 7070 Immokalee Road, Naples, Florida. For your convenience, a property location map is attached. At this meeting every effort will be made to illustrate the proposed request. If you are unable to attend this meeting, but have questions or comment s, they can be directed by mail, phone, fax or e -mail to: Ray Bellows, Planning Manager, Land Development Services Department, Growth Management Division, Planning & Regulation, 2800 North Horseshoe D rive, Naples, Florida 34104. Telephone: (239) 252- 2463/Fax: (239) 252 -6710. Very truly yours, BOLE MONTES, INC. Robert L. Duane, AICP Planning Director (Representing Addie's Corner) RLD:tdc Enclosures H:\2006\2006100 \WP \CPUD Rezone 2009\NIM (DECEMBER 16, 2010 )4bjM3RIMAW OWNER LETTER ADDIES CORNER 101206.doc V 0 a v 0 a. i x x at i 0 s i 0 0 i PARKLANDS 7 9 K3 b Y2 75 QUAIL CREEK 18 7 16 5 14 13 PROJEC QUAIL ❑ LOCATIO 21 22 23 24 RECENC VILLAGE OLDS CYPRESS PU S IMMOKALEE D ( C.R. ; 84 ) 26 30 29 25 DOVE POINTE 27 a ae �n 35 35 VANDERBILT BEACH R AD VINEYARDS 951 VINEYARDS 2 6 5 4 3 I J m A V W J SCA E: 1' —4000' 7 VINEYARDS 9 O ' U PINE RIDGE ROAD G w 11 RID SU E 950 Encore Way ADDIE'S CORNER CHECKED BY : R.Lo. PROJECT No. 2IM1100 Na I. :, FL. 34110 DRAWN BY : CAD FA.E NAME Phony. 239 254 -2000 LOCATION ,1m , Florida Certificate of DATE : , EKHIBIT - TEN , OF 4 EIpEAtSftw�R55UlYEt�gIS Authorization No.1772 MAP IM IN HOLE MONTES ENGINEERS - PLANNERS SURVEYORS LANDSCAPE ARCHITECTS 950 Encore Way • Naples, Florida 34110 - Phone: 239.254.2000 - Fax: 239.254.2099 December 21, 2009 Ray Bellows, Planning Manager COLLIER COUNTY GOVERNMENT Land Development Services Department Growth Management Division, Planning & Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 RE: ADDIE'S CORNER PUD - PUDZ-AR -14425 POST - NEIGHBORHOOD INFORMATION MEETING SUPPORT DOCUMENTATION HM: 2006100 Dear Ray: Enclosed herewith, please find the following "Post" NIM document per Collier County requirements. • One (1) (original) copy of the Affidavit of Publication dated December 10, 2010; Please note, since there were no attendees that showed up for the meeting, the NIM Meeting Minutes and the Guest Sign -In Log Sheet will not be provided. Should you have any questions or require additional information, please feel free to contact me. Very truly yours, HOLE MONTES, INC. Wd. NO 6Mw ,I / I 1 0 Tobi D. Charbonneau Permitting Coordinator TDC Enclosure n H:\2006\2006100 \WP \CPUD Rezone 2009\NIM (DECEMBER 16, 2010)\RB 101221 POST NIM SUPPORT DOCUMENTATION.doc Naples - Fort Myers NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Pubiicati State of Florida Counties of Collier and Lee Before the undersigned they serve as the autl appeared Kim Pokarnev, who on oath says i the Accounting Manager of the Naples Daily newspaper published at Naples, in Collier C distributed in Collier and Lee counties of Flo attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time it on December 10, 2010 Affiant further says that the said Naples Daily News i published at Naples, in said Collier County, Florida, an newspaper has heretofore been continuously published County, Florida; distributed in Collier and Lee counties each day and has been entered as second class mail mai Office in Naples, in said Collier County, Florida, for year next preceding the first publication of the attar advertisement; and affiant further says that he has neif promised any person, firm or corporation any disc( commission or refund for the purpose of securing this ai publicationlin the spiTewspaper. ignature of affiant Sworn to and subscribed before me This 13th da of December, 2010 (Signature of notary public) LE9KAROL E KANGAS Public - Slate of Florida m. Ex es Jul 29, 2013 Pl r missian �Y DD 912237 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by the Addie's Corner, represented by Robert L. Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. on: Thursday, December 16, 2010 at 5:30 P.M, at the St. Monica's Episcopal Church, 7070 Immokalee Road Naples, Florida 34119 Subject .Property: Consists of approximately 23.331 acres located on the north side of Im- mokalee Road, approximately 680± feet to the west of C.R. 951, in Section 22, Township 48S, R26E, Collier County, .Florida' The property owner's are requesting to rezone from the Rural Agricultural Zoning District to the Mixed Use Planned Unit Development District (MPUD) Zoning District to allow development of a maximum of 135,000 square feet of commercial development and /or a retirement com- munity /group housing at a FAR of 0.60 and/or a hotel /motel at an intensity of 26 units per acre for a project to be known as the Addies Corner MPUD which consists of a 23.33 acre parcel located in the northwestern quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951). The retirement community /group housing may include indepen- dent living facilities, assisted living facilities and /or skilled nursing facilities. The retirement community /group housing and hotel /motel development are not included in the 135,000 square feet of commercial develooment. ••.- .r,w� I VVn 117PV 1 Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner /developer and Collier County staff, If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail to: Ray Bellows, Planning Manager Land Development Services Department Phone: (239) 252 -2463 Growth Management Division, Planning & Regulation Fax: (239) 252 -6710 2800 N. Horseshoe Drive, raybellows@colliergov.net Naples, Florida 34104 No. 231188467 December 10 2010 Exhibit A CP- 2008 -5 n Coastal Management mnt: C ✓.1 [''' Conservation and Coas a Element: � � �.�C 2 GOAL 6: � � � � V'��" t THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measurable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. ********************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** [page 29] Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the Immokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this element for the Lake Trafford /Camp Keais Strand System, in order to preserve an appropriate amount of native vegetation on site. That portion of the Lake Trafford /Camp Keais Strand System which is contained within the Immokalee Urban Area will be treated as Neutral Lands under Policy 6.1.2.b of this element. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7 shall be preserved on site. This policy is not intended in all cases to require preservation of wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the County shall develop specific criteria to be used to determine when wetlands having a WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy 6.1.2 of this element. Words underlined are added; words #W& t#reegh are deleted; row of asterisks (" * *) denotes break in text. Immokalee - Lake Trafford Urban Wetlands 10 \ Legend 1210 FUDs LAKE AFB RD RD mokae Urban Area oka Urban Wetlands o3fl0 ° ° 11 SFWMDLand Cover 99 (7 121 t ( m 1230 ^350 ? 6�5 2110 _ Qther y .• t( —� "324 r Water -1110 1 6 010 `1' 1 « 1220 3100 4 J ' Wetlands r 11 530IS " `, 230 1 R r -1320 2 320 � 1210 6250 5 � X117 1�8210�� , 170 216 - MAIN S7 W iAl S7 E L CR 8 6Al l\� t'?5 57�f�, �77� v 3104 740__ 1 16210 , 17 -�" 0 G— � � 1550 213 1710 3100 _4;��j 0 22 r \� ��J 2140 1r7 - / 2140 1 1 52600 q tt l 1350 40 2110 �` 2110 2210 r 2 a �7 r 1 `1 C 6170 1 71 1 4110 170 4220 6170 5 6 tr7 L62 c - ` 430',; ( 1 $174 4110 2150 �� 'r y - 13301 `^ Land Cover Code Descriptions " 170 1JT0r 3100 -Herb aceous (Dry Prairies 1210 1'~ 4^ � 14 2110 1110 - LD,vdensdy Fixed Single Fixed nd N 3200 - Upland Shrub and EYush land 6410 6.1.321 1860 1130 - Loa Densely: Mixed Units, Fixed and Irbbile Hama Units 3210 - Paimelto Prairies L 121rt 41 c 1210 - M edi um D ensitp: Fi: d Single Family Units 4110 - Rna Flatwuods ? rV 4110 (] 1223- Mod iumDensty:DAsbileHorneUnits k - Brazilian Pepper 1231 - Medium Density . Mired Units, Fixed and &6bile Home Und 4240- MelalRuca +? 44 1237 - M edi um D ensity: Mixed Units, Fixed and Mo till a Home Unil 4280 - C abba ge pal m \ Y 1310 - F gh Density: Fixed Single Family Units 4340 - Hardwood /Unnitererous Mixed 132] - Fgh Density: Mobile Home Unis 5200 - Lakes 1300 - Multiple Duelling Units, Law Rise 5300 - R arvoirs � 13M - F q Density: Mixed Units, Fixed and Mobile Horne Units 5770 - Mixed wetland hardwoods 1403 - C nrmerrial and 3evicm bl N - Mixed Shrubs _ 1550 - Crtha r li ghl industry 6210 - Cypress 1} 1700 - lustduhonal E915 - Cyprear - Doma�Heads 1710 - Educatinnal Facilities E216 - Cypress- Mixed Han dwvods ' 189] - Parka and zoos 5240 - Cypress - Rne - Cabbage Palm `} 2110 - Irepuwad pastures 5x250. Wet Finelands Hydric Pine 2123 - l rimproved pastures 6300 - Vktland Fo,msiod Mixed �? 2137 - V.nodland pastures 6410 - FresMaler Marshes f Graminoid Prairie -Marsh 214() - F on ctops 6430 - V*t Prairies 2197 - Field crops 7430 - Spoil areas M map may induje a nM Uae for nd unaliproy 7210 - C true tuxes _ p Th map may include approved and un�praxed Bala Mla SwfCe:SUIIG- MRC5 soils Created By GIB ODES: ErNironmenial Services �+1� G1GIS 1rrp51mmokiA1E -.rmtl 1 r r r t r r i I '` ' +[L2er County Gvmagea 0 035 0 7 1 A Miles Dale: 13r11fo2 (PLEASE PRINT CLEARLY) Agenda Item # aE MEETING DATE �1711 I (Circle Meeting Type) � egu a Special Workshop Budget AGENDA ITEM TITLE CP - C�� -►_� lrnmOkc�.tsu- Qrc Mcx Itn✓ T ( ac. NAME Co�,rl�v -► „gyp �� ADDRESS y6C) MPvr�hi r ^)�n�,p L �ytp2 Representing/ Petitioner: Ccx)servcL ck, CQ S(,J FL.. Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONI Y TNF rNnrR (PLEASE PRINT CLEARLY) MEETING DATE ! / -2- 0/// AGENDA ITEM TITLE - fin Agenda Item # (Circle Meeting Type) Regular Special Workshop Budget NAME ��vy�ClY�7 ADDRESS Representing/ Petitioner: L{/>l >Gr"7T fa"17) Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD 10A • Friday, January 28, 2011 • Naples Daily News PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday February 17 2011 at 8:30 A.M. in the Board of County Commissioners chamber, third floor, County Government Center, 3299 East Tamiami Trail, Naples. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Community Affairs the Transmittal of 2010 Cycle Growth Man- agement Plan amendment to the Future Land Use Element and the Future Land Use Map and Map Series. The resolution title is as follows: RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMEND- ED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, TO CHANGE THE SUBDISTRICT FROM DAVIS BOULEVARD /COUNTY BARN ROAD MIXED -USE SUBDISTRICT TO DAVIS BOULEVARD /COUNTY BARN ROAD RESI- DENTIAL SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. Or- RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMEND- ED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, TO REMOVE IN IT'S ENTIRETY, THE DAVIS BOULEVARD /COUNTY BARN ROAD MIXED -USE SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMIT- TAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. CPSP- 2010 -5, Staff petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series to modify the Davis Boulevard /County Barn Road Mixed Use Subdis- trict by changing it from mixed use to residential, and limiting density to a maximum of 5 dwelling units per acre - or possibly repealing the subdistrict in its entirety; the subdistrict is located at the southeast corner of Davis Blvd. (SR 84) and County Barn Road, in Section 8, Township 50 South, Range 26 east, containing + 22.83 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] a 1. G.G. BLVD. PINE RIDGE RD. n a OLDEN 1 G.G. GATE 1 U PKWY. S.R.- 84 1 -75 DAMS eLw. CPSP - 2010 -5 CITY OF NAPLES All interested parties are invited to appear and be heard. Copies of the proposed Growth Manage- ment Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the documents should be directed to the Land Development Services Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, February 17. 2011 will be read and con- sidered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P. Strain, Chairman - Collier County Planning Commission Na 311884_ anus 28.2011 I F