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CCPC Backup Docs 03/17/2011CCPC REGULAR MEETING BACKUP DOCUMENTS MARCH 17, 2011 AGENDA * *REVISED ** COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MARCH 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 - February 3, 2011, February 17, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. 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] 1 B. CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. [Coordinator: Carolina Valera, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL2010 -854: Naples Daily News BPPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 06 -49, the Naples Daily News Business Park Planned Unit Development (BPPUD), located at 1100 Immokalee Road, Naples, Florida, by amending Section 2.9 of 06 -49 to allow a change in the plant materials in the landscape buffer; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, Principal Planner] B. This item has been continued from the February 17`h meeting: 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. (Companion to DOA- PL2010 -1052 and PUDZ- PL2010 -1054) [Coordinator: Nancy Gundlach, AICP] C. This item has been continued from the February 17'h meeting: 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 PUDA- PL2010 -388 and PUDZ- PL2010 -1054) [Kay Deselem, AICP, Coordinator] D. This item has been continued from the February 17'" meeting: 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 PUDA- P12010 -388 and DOA- PL2010 -1052) [Kay Deselem, AICP, Coordinator] E. PUDZ-2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will allow development of a 500 seat church, a single family residence and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS A. Watershed Management Plan Update Workshop — Summary of Existing Conditions [Coordinator: Mac Hatcher] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA i[ I W., 16Iu1 :i►1 3/8/2011 CCPC Agenda/Ray BellowsJmp 3 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 9:00 A.M.. Thursday, March 17, 2011 in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDA- PL2010 -854, Naples Daily News BPPUD. An Or- dinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 06 -49, the Naples Daily News Business Park Planned Unit Development (BP- PUD), located at 1100 Immokalee Road, Naples, Florida, by amending Section 2.9 of 06 -49 to allow a change in the plant materials in the landscape buffer; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, Principal Plan- ner] 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 com- ments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 17, 2011, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Col- lier 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 accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment 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 Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman 10A • Friday, February 25, 2011 • Naples Daily News 2° N21 COWpi Y pC4 22 t 112 iR(ptl)3] PROF. CE�40PY IlEE� FO �(C.R. 818 E ,wxY sau.Re 2] w�PfLC/.R 7�� iCwo PROJECT LOCATION —CAN P.Y�,CH H QT OE°CH RORD 5 If a person decides to appeal any decision made by the Col- lier 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 accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment 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 Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman 10A • Friday, February 25, 2011 • Naples Daily News FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS 4ST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 5T � A i !J � �, IF4 (L �C.- Y W-�N a> e� '�, f.-VC Y�, t, bS l o ��/ 'AILING ADDRESS THE BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMITTEE ON 3 �p WHICH I SERVE IS A UNIT OF: I`•?i l� ice'; COUNTY ❑ CITY COUNTY ❑ OTHER LOCAL AGENCY :ITY NAME OF POLITICAL Sus IVISSIION' Co )ATE ON WHICH VOTE OCCURRED MY POSITION IS: 3 I ,,1 ' Z D (` ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before? : ompleting the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inbUdir d'thd parent organization or subsidiary of a corporate principal by which he .or she is retained); to the special private gain or loss of a relative; of to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 of 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ` ELECTED OFFICERS: ' In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this forrawith the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing,and whether, made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICHTHE V TI ftW1L:L BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for, recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE 1 APPOINTED OFFICERS (continued) °. _Acopy jof the form must be- provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YouVAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: I • __You rJlui&eii"sctose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the ._-agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, r ✓ inured to the special gain or loss of 'i,� b r y whom I am retained; or inured to the special gain or loss of ,which ,, ,ir r✓ iTtge parent ;organization or subsidiary of a principal which has retained me. (bpThfLr,1 *gAdto'before my agency and the nature of my conflicting interest in the measure is as follows: a— ecm4Q, a Ck_�O 0. N-.a U1 _ " % e e she c o� u Yti rJ � G_ S U .� s �?� 'L, 3 -11 -?ZIP Date Filed Signat e u . * NOTI jyNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 1 FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CI171b6 i�Ai_TY iVOT'TO EXCEED $10,000. CE F0RM,P- .REY.1/98 ,� PAGE 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 COMPLIANCE "; 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 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Words strusk through are deleted; words underlined are added. 1 of 4 01de Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15/11 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 bieyele and j egging t4ls 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 499 942. The number of dwelling units per gross acre is approximately 24 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 ANDSCHEDULE 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 OLDS 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. Bieyele paths and sSidewalks; Q. Nature -r-.ails. Words stfuck thFgugh are deleted; words underlined are added. 2of4 Olde Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15/11 4 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. 6/ Parks (3.9 aer-es m) 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, AND WILDLIFE SANCTUARY *SEE ALSO SECTION 8.13 OF THIS ORDINANCE 4,44-9 942 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 eleve hundred ( i 00) units nine hundred forty -two (942) units. Words StFUGk through are deleted; words underlined are added. 3of4 Olde Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15/11 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 4J00 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 S l 1; it Assistant County Attorney CP \10- CPS - 01044\29 Words Ftr u^k through are deleted; words underlined are added, 4 of 4 Olde Cypress PUD/ PUDA- PI.201 U -388 Rev. 3/15/11 i 1 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 COMPLIANCE "; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT "; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FAQ%ff,WS AND SCHEDULE "; AMENDING TABLE I ENTITLED tbL%JtYPRESS LAND USE SCHEDULE "; AMENDING SECTION NTITLED "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 2.4 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Words Gogh are deleted; words underlined are added. 1 of 4 Olde Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15111 0 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 bieyele and j aggiag tFeAsi 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 4-,, 942. The number of dwelling units per gross acre is approximately 24 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. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swimming pool;. Bieyele paths and sSidewalks; 4. NalRre =rails; Words stFuGk thFough are deleted; words underlined are added. 2of4 Olde Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15/11 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows: TABLE I 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;448 942 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 eleN,ea homed (1100) s nine hundred forty -two (942) units. Words atFusk thFoug# are deleted; words underlined are added. 3 of 4 01de Cypress PUD/ PUDA- PL2010 -388 Rev. 3/15/11 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 44,-W 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 12011. ATTEST DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams -5d'' 17 • It Assistant County Attorney 3 CP \10- CPS - 01044\29 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Words strur* thmugh are deleted; words underlined are added. 4of4 Olde Cypress PUD/ PUDA- P1.2010 -388 Rev. 3115/11 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 (limited to Tract "A "). 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 26 Last Revised: 03/16/2011 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 ± acres and the residential density maximum shall be 2.42 units per acre. HD Development RPUD - PUDZ- PL2010 -1054 Page 2 of 26 Last Revised: 03/16/2011 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 Family Multi Family Minimum Lot Area 6,000 SF (per unit) N/A Minimum Lot Width 50'(1) N/A Front Yard Setback 19'(2) 15' Side Yard Setback 1 Story 6' 7.5' 2 Story 6' 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' Accessory Structure 10' 10' HD Development RPUD - PUDZ- PL2010 -1054 Page 3 of 26 Last Revised: 03/16/2011 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 distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. The front yard setback for side - loaded garages may be reduced to 18', with the home remaining at 19'. There shall be at least a 23 -foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 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 3.05.07.13 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 4 of 26 Last Revised: 03/16/2011 I 2 3 i 8 8 g A �m EIOfINp1 EUW ORNE ,r.es• N RU.W F-T i' J � I 1 1 .AR ••"' ifL���TI.� i 1.,�.. a 0 �eeee 0 • I � C� j �M�.s IIIA ----- ��,.��.. a .� • --- IW OMM ILO.W. iMMONMEe RCr (8. N. MO) 149FLOW m.�,.� —m �.,...m —� __ ..e.,�... rr..w.•.,�y.,�... i ...• ,.�...,.�. SECTION uRO use suwM.nv TYPICAL ROADWAY SECTION TYPICAL SECTION B-B �® a z W a` U o so� a W U Q x O N M O "O N N H xa 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 corner 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 corner of the west half of the west half of the southwest quarter of the southeast quarter 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 6 of 26 Last Revised: 03/16/2011 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 Land Development Code (LDC) Section 5.03.02.0 which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along a portion of the southern property line. Justification: The proposed deviation will allow for additional visual screening and mitigation of noise pollution resulting from traffic along Immokalee Road, a 4 -lane divided arterial roadway. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the HD Development PUD and Olde Cypress Community. HD Development RPUD - PUDZ- PL2010 -1054 Page 7 of 26 Last Revised: 03/16/2011 EXHIBIT "F" DEVELOPMENT COMMITMENTS 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 1,160 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. B. A combination 6 -foot masonry wall and 2 -foot berm shall be required along a portion of the southern property line, as depicted on Exhibit C PUD Master Plan. The location of the wall is subject to approval at the time of PPL review. 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 Owner, 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). For any improvements constructed by the Owner, and for any rights of way or Public Access easements contributed by this development to Collier County, the Owner, 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 8 of 26 Last Revised: 03/16/2011 C. A sidewalk easement is required as depicted on Exhibit H, HD Development 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 Owner 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, HD Development 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 Owner will cooperate with Collier County as the land owner in securing the necessary permits for the construction of the boardwalk. The Owner shall not be financially responsible for the permitting, wetland mitigation or construction of the boardwalk. The boardwalk easement shall be provided by the Owner 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. 4. GENERAL COMMITMENTS A. Fitness Center Expansion. Developer shall permit and construct improvements to the existing fitness center as set forth in Exhibit "I" attached hereto and incorporated herein. B. Entry Landscape Upgrades. Developer and the OCMPOA have agreed to the design and installation of the landscape improvements set forth in Exhibit "J" attached here to and incorporated herein. The OCMPOA shall permit and install the landscape improvements. Within thirty (30) days of completion and acceptance of the landscape improvements, Olde Cypress shall pay to the OCMPOA the lesser of. 1) $100,000 or 2) total verified cost of the landscape and irrigation improvements invoiced by the landscape contractor. C. Treeline Drive. Developer shall provide additional performance security to cover potential off - site damages to existing pavement, sidewalks, landscaping, and irrigation on Treeline Drive from Logan Boulevard to the project entrance directly caused by Developer's use of Treeline Drive for construction access. The performance security shall be posted in conjunction with the Construction and Maintenance Agreement pursuant to Section 10.02.04(B)(3) of the Collier County LDC. HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 26 Last Revised: 03/16/2011 Trosllnt Drive BNkr (bed Lfl Proposed R"Welses r77-1 - OVERALL BUFFER PLAN sae:r =sa } TYPICAL 100 LF. GOLF COURSE \�— i / B OOLF COURSE BUFFER PLAN tats: I. -w II GOLF COURSE PLANT LIST M' x. gym B.t.rile/Ilse C.nni.n Wm. op.wr+Me BgKifilbn NMM m w u.o. Sp eoeenluI Nan CC —NWln +e,e.r.m.r 8-ft an NMM Qly eym sasaetl Nana c— Wm. 5—ir Men NMM w eNe n= m.ne.�frw �q �p� i�x r Cry ! Bo 1.1 Name Q q NUns NY•N.bm eWeMnlbn �a�,Y NMM ON mere 8ym BomnlW Name Conmon Wm. f wu�i vn.Ww.r,Wonm 8pe<Ifunn e.t� oN VECe Noeee I Golf Course Sun.r (920 LFL - - -- Proposed Residences i TYMdIL IM L.I. A TREELINE DRIVE BUFFER PLAN -.1w I - -10, N 0 0 a� on CIS a V 1/) O O O N 0. N a I _ Q '—I O N �O �N M it O o A W TREELINE DRIVE PLANT LIST „M ae..�.n.K—r a Cr°A'..."a'� s!. NAN. erlllOY`r. =' Mn el.*,N— W e✓tM. Cavan N— feeYa �M. epeMAabn iwe NMM Me 0A' s Y eym 8elee.el Nm m �YWir� Cpnnm Non 81tlfilbn NMM s a�i.�a alt aNNwaewb iNl�e ay.na »>rr . OIIOIIIOa1etl CII eeMee Nan Cann.n Man BpetlAaem NeNM •^oM eaaa » v NCWMe CN' iss or eeYNal Nan a .Mi CaniNn Neer eti aw BpWfnlpi rMy aza Noes N 0 0 a� on CIS a V 1/) O O O N 0. N a I _ Q '—I O N �O �N M it O o A W PROERVEAREA \ � \ I "W,L �}. � tic 1_ �.;._ _Lws -L u W ! �_w�� u – – – — – – – - - – – – – - – – – – - – – – – – – – – – – – – – – – – – – – – – – – – – – ------------------------- – ----------- ---------------- 77— ------------------ --------------- PR� � BOUKTAAY(l = Z7 — -- — -- — -- — -- — -- — -- ------------------------------------------- -- --------------------- — BOARDWALK EASE E14T 40 ull ®T KEYMAP ffI Z w g � hoL4 IC O N td) cc CL It kr) O O Qo C14 O o w d (Dd �. CD a o o c� o� oC �d d N N O O O C!� A 'O (D N O N O� EXHIBIT "I" N RENOVATION TO: THE FITNESS CENTER AT OLDE CYPRESS HUMP!ig MW A R C ..m w � � O CC CD CD o o� w � a O � 'TJ C; d N '0 r N O O O w crc CD w 0 N Q� EXHIBIT "I" (CONT.) \ EXISTING POOL / j �N / PROPOSED ADDITION C° — I ORAGE f tLLr =_ � 77-REE WEIGHTS EXERCI S k AND EQUIP E6T IREA I STRU4 hE)l HVR MHREY • ROSAL [Nw—& A �N 1 TT 4—O OFFICE 0 ENOVATION TO: T SS CENTER AT OLDE CYPRESS C)YEVC- WWrd(M 4AHr1/JL`I' �Isn� s'frllwjUZs3: t°lo4 S.F Rto�irro A;.y�PTa•n : x;i90 s¢ ?*TALL: 4,oj4s.p INIUMOV, e10.TINCI E+q�ir /p><»uw,G LI SP pfivemov e 1197 PoeosLw I I (vo 5� -f-rA4 P1TNt15s 14LVAL ZC102'R AV-ov;,14h F ooM: 6w SG EXIS' m � L r. X C CD c < CD CD ,o oCD w � o, 7� .d o C 'U C O N 'Z7 r N O_ O O b w cra CD 0 N rn EXHIBIT "J" OLDE CYPRESS EAST ENTRY w d �d S. CD oCD rn� oC C7 b C d N C" N O O O U A It UC CD U O M N O� EXHIBIT "J" (CONT.) �o 7� CD c �. co C o CD ,B oCD w � o C 0 C N 'v r N 0 Cl 0 Iv vo CD 0 '-n N Q� EXHIBIT "J" (CONT.) GUARDHOUSE m d a� O co w � O� O G d b d N It r N O O O U A "C1 W OQ Co J O N EXHIBIT "J" (CONT.) w O � d C. �p O �p O C d N b C" N O O O U CD ( CD r-+ 00 O M N ON EXHIBIT "J" (CONT.) � d 7� CD S. CD CD C o O CD W oC C7 'U C N .d r' N O O O m •MOYN[S • FLAW LAYOUT TO M NOD ADAMM. EXHIBIT "J "(CONT.) WO rrOMr OAR FALMS RlDXXXYAUASPOA. tf R O vm" TO MAMN Efmml USANOM ICAV tO 1 M6 cymm niwM, a OAt xl uklONM COLOR WO WAM)OL FA MTO RSYM OLDE CYPRESS SECONDARY ENTRY ^o cra 0 N w d 7y CD O C C CD CD ., 'Lf O (CD O C � d b d N b r N O O O to .A. b A� (!Q CD N O O M N O� EXHIBIT "J" (CONT.) w d � d CD . cP O. Ow CD �, o� oC C7 C d N :ry C" N O O O U �-v w CD N O N O� EXHIBIT "J" (CONT.) TREEUNE DRIVE TREELINE DRIVE � x d 7d d C < < cD CD o co o� oC C7 C d N C" N O O O U A b P� UQ CD N N O M N O\ EXHIBIT °J °(CONT.) w = C7 CD CC S. CCD EXHIBIT "J" (CONT. ) C o CD ,v oCD w � N � O C 9M 'TJ C7 N "0 N O_ O O U A -v crc N w O N NTRY w d 7d d CD �. co CD O CD w � O� O C; C; d N b r N O r O O U It 03 U4 CD N O N O\ EXHIBIT "J" (CONT.) �z o C CD CD c co CD C o C> CD w � rn O � N `C7 N O O O Ch b CD CD N Un O N EXHIBIT "J" (CONT.) OLDE CYPRESS WEST ENTRY w d CD d a � O co w O O� oC d d N 'C r N O O O U A W UQ CD N O� O M N O� EXHIBIT °J" (CONT.) 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 (limited to Tract "A "). 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: 03/17/2011 C. Weserve 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 ± 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: 03/17/2011 It 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 I RESIDENTIAL DEVELOPMENT STANDARDS Standards Single Family Multi Family Minimum Lot Area 6,000 SF (per unit) N/A Minimum Lot Width 50' (1) N/A Front Yard Setback 19' (2) 15' Side Yard Setback 1 Story 6' 7.5' 2 Story 6' 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' Accessory Structure 10' 10' HD Development RPUD - PUDZ- PL2010 -1054 Last Revised: 03/17/2011 4 Page 3 of 11 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 be reduced on cul -de -sac lots and lots on the inside Dart of the curved streets by 25 %. 3. Lake setbacks are measured from the control elevation established for the lake. A. PRESERVE AREA REQUIREMENTS A minimum of twenty -five (25) percent of the viable native vegetation (64.9 acres), as described in Section 3.05.07.13 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 4 of 11 Last Revised: 03/17/2011 _ ----------------- 2 x a � g e — Ea1STINGPIID N MWE - - - - - -- -- i - N W { ACK I � � � : P0.D19tT[ACAIIOHi M.fP � �� A LLI 1-11 I i� ,aa�va ♦ V A . W 1kp G ...... 100' bWAL RO.W. IMWKALFE ROAD (8.R 016)116' RO.W, SECT F E E F E uRO usE BUMMARY ""'°"'°"° TYPICAL ROADWAY SECTION TYPICAL LAKE SECTION SECTION B-B me M N y N Q 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 corner 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 corner of the west half of the west half of the southwest quarter of the southeast quarter 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 6 of 11 Last Revised: 03/17/2011 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 Land Development Code (LDC) Section 5.03.02.0 which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along a portion of the southern property line. Justification: The proposed deviation will allow for additional visual screening and mitigation of noise pollution resulting from traffic along Immokalee Road, a 4 -lane divided arterial roadway. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the HD Development PUD and Olde Cypress Community. HD Development RPUD - PUDZ- PL2010 -1054 Page 7 of 11 Last Revised: 03/17/2011 EXHIBIT "F" DEVELOPMENT COMMITMENTS 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 1,160 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 Schematic Buffer Design. B. A combination 6 -foot precast or masonry wall and 2 -foot berm shall be required along a portion of the southern property line, as depicted on Exhibit C PUD Master Plan. The location of the wall is subject to approval at the time of PPL review. 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 Owner, 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). For any improvements constructed by the Owner, and for any rights of way or Public Access easements contributed by this development to Collier County, the Owner, 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. HD Development RPUD - PUDZ- PL2010 -1054 Page 8 of 11 Last Revised: 03/17/2011 C. A sidewalk easement is required as depicted on Exhibit H, HD Development 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 Owner 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, HD Development 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 Owner will cooperate with Collier County as the land owner in securing the necessary permits for the construction of the boardwalk. The Owner shall not be financially responsible for the permitting, wetland mitigation or construction of the boardwalk. The boardwalk easement shall be provided by the Owner 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. wr - • _ _ - ' ' 1 111 �. • HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 11 Last Revised: 03/17/2011 HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 11 Last Revised: 03/17/2011 r i" -- /��' 4 / I 2 �)o I r r HOLE #11 r 2 ' i i _ j' , TREELINE DR MAREA I Go Course Buffer (92(1 LF) �. Treellm Drlve Buffer 500 LF lf Proposed Residences Proposed Reekecim TYPICAL 100 LF. �.,1•,� TREELINE DRIVE TYPICAL 100 LF GOLF COURSE 1 I I I i + I + 1 B GOLF COURSE BUFFER PLAN sew: r=10, - TREELINE DRIVE BUFFER PLAN snare: r = ro GOLF COURSE PLANT LIST an sna soWnlnl Name conxnon NemO m soeanmeon WWI o. a �.:a•w e, �ekai wme cannvm we. esceGnea � Ne1Ne Oty ae s" Boleninl Name Cammm Name ,so =ro��e.. 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I .. ... ... .. n lil --- 777 ...... ...... . 1 v N--- EASTINGCOODHATCHEECANAL -------------- T ---------------------- SIDEWALK EASEMENT 'IT kf) CD O (g' O z t NOTES 'IT kf) CD O (g' O 10A • Friday, February 25, 2011 • Naples Daily News PUBLIC NOTICE PUBLIC N NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M., Thursday, March 17, 2011 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- 2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which in- cludes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zon- ing atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will al- low development of a 500 seat church, a single family residence and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by provid- ing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 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 autho- rized to represent a group or organization should limit their presen- tation 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 hear- ing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 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. 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 accommoda- tion 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. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman LEE COUNTY MED—RA 11 o—CANv R ES— i (DRI) 9 7 12 PEZZEnND DI cIELO RANG MFMO IAL DOULEVARo PROJECT — SANDALW_ IEL RDSA LOCATION QFaN 14 ? cR 1R cRC[k /r n0N R c [ v✓ 1 PSEUCAN U D F- = NLUS A ADEIRA � g S 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 autho- rized to represent a group or organization should limit their presen- tation 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 hear- ing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 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. 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 accommoda- tion 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. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman (PLEASE PRINT CLEARLY) MEETING DATE AGENDA ITEM TITLE b- r q Fm Agenda Item # d P Z (Circle Meeting Type) Regular Special Workshop Budget 11 14 NAME h a�n l'� 7� ADDRESS �-D �1��x 1 `f % 6 e4" � /Y( ✓- Representing/ Petitioner: r�l p,,,, —( 14- 4 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