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CCPC Backup Docs 07/21/2011CCPC REGULAR MEETING BACKUP DOCUMENTS JULY 21, 2011 COURT REPORTER AGENDA * *2nd REVISION *k COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JULY 21, 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 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. DOA- PL2011 -0354: A Resolution amending Development Order 2000 -01, Ronto Livingston DRI, a Development of Regional Impact, providing for Section One: Addition of Expiration Date and Extension of Buildout Date; renaming DRI to Tuscany Reserve DRI, and changing the report to biennially; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and Providing an Effective Date. The property is located in Sections 7 and 12, Township 48 South, Ranges 25 and 26 East, in Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner) 9. ADVERTISED PUBLIC HEARINGS A. CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commercial uses of the C -1 through C -3 zoning districts, with exceptions, and some uses of the C -4 and C -5 zoning districts with a requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62 acres. ADOPTION HEARING (Companion item to PUDZ- PL2009 -1017) [Coordinator: Michele Mosca, AICP, Principal Planner] B. PUDZ- PL2009 -1017 - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 190,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41± acres; and providing an effective date. (Companion item to CP- 2008 -1) [Coordinator: Kay Deselem, AICP, Principal Planner] C. CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.0l.A.1.C.12 of the Collier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] D. 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. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] E. CPSP- 2010 -2, staff 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. ADOPTIONHEARING [Coordinator: David Weeks, AICP, GMP Manager] F. 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 Subdistrict by deleting 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. ADOPTIONHEARING [Coordinator: Corby Schmidt, AICP, Principal Planner] T , ; le g advertised �Qtt bye been moved to" August 4, 20-11 CCPC Ageuda;' Note: This item has been Continued to the August 4, 2011 CCPC meeting: G. CP- 2006 -11, a petition requesting amendments to the Future Land Use Element (FLUE) and Future Land Use Map and Map Series (FLUM), and Conservation and Coastal Management Element (CCME), of the Growth Management Plan, to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in more than one Future Land Use designation through enhanced utilization of eligible Transferable Development Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a project; and, Allow for Native Vegetation Preservation in the URF portion of a project to be shifted to the RFMUD Sending Lands portion of the project when the required amount of Native Vegetation Preservation is proportionally increased in the Sending Lands portion of the project — as they relate to proposed Hacienda Lakes Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests. The property is located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South; Range 26 East, and Sections 19 and 30; Township 50 South, Range 27 East, consisting of 2,262± acres. ADOPTION HEARING [Coordinator: Corby Schmidt, Principal Planner] (Companion Petitions PUDZ-2006-AR- 10 146 and DRI-2006-AR- 10 147) Note: This item has been Continued to the August 4, 2011 CCPC meeting: H. PUDZ- 2006 -AR- 10146: Hacienda Lakes of Naples, LLC, represented by Robert Mulhere and Dwight Nadeau of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., requesting a rezone from the Agricultural (A), Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the (MPUD) Mixed Use Planned Unit Development zoning district for a project known as the Hacienda Lakes MPUD that proposes a maximum of 375,000 square feet of gross leasable retail commercial floor area; 75,000 square feet of office space and 135 hotel rooms; various attractions to include "swamp buggy races" on 64± acres and "Junior Deputy" passive recreation use on 35.01± acres; and a maximum of 1,7.60 dwelling units (at a maximum of 0.78 dwelling units per acre). The subject property, consisting of 2,262± acres, is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 & 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida. (Companion to Petitions DRI-2006-AR- 10 147 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] Note: This item has been Continued to the August 4, 2011 CCPC meeting: I. DRI- 2006 -AR- 10147: A Resolution of the Board of County Commissioners of Collier County, Florida approving a Development Order for Hacienda Lakes, a Development of Regional Impact located in Sections 11 through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida which will allow 1,760 residential dwelling units, 327,500 square feet of retail use, 70,000 square feet of professional and medical office, a 135 -room hotel, 140,000 square feet of business park or educational facility, and continuation of existing junior deputies passive recreation and existing swamp buggy attraction; providing for Findings of Fact; providing for Conclusions of Law; and providing an effective date. (Companion to Petitions PUDZ-2006-AR- 10 146 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp June 20, 2011 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: Legals(a)Naplesnews.com July 21, 2011 2010 Cycle Adoption (CCPC) (w /map) July 21, 2011 CCPC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 01, 2011 and furnish proof of publication to Marcia Kendall, Land Development Services Department, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a "1/2" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500112358 ACCOUNT NUMBER: 068778 NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011 at 9:00 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 Adoption of Growth Management Plan amendments to the Future Land Use and Future Land Use Map and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series. The ordinance titles are as follows: ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN, INCLUDING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORDIA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commercial uses of the C -1 through C -3 zoning districts, with exceptions, and some uses of the C -4 and C- 5 zoning districts with a requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3 I Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62 acres. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO CHANGE THE SQUARE FOOT LIMITATION IN THE VANDERBILT BEACH ROAD NEIGHBORHOOD COMMERCIAL SUBDISTRICT FOR CERTAIN USES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABIL,ITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP- 2010 -2, staff 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. ADOPTION HEARING [Coordinator: David Weeks, AICP, GMP Manager] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, 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 TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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 Subdistrict by deleting 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. ADOPTION HEARING [Coordinator: Corby Schmidt, AICP, Principal Planner] [insert map] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management 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. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 T46S T47S T48S T49S T50S T51S T52S T53S ALNnOO ONVMON9 ALNnaO 3OVO W C W O m M Y m m Z z W .� r W N � O w = M Cc r v3 j W F j P7 U W OZ Q 2 ALNnOO ANON3N W O CD 2 _ 6Z -'N'S 6Z _ N'S w a U \V W Q) r Za _ N Q 6Z -'N'S s m � C1 r p6 W N / m m N - g Q O m N CL ALNIIOO 331 U W N 0 ^ N O CiJ Ile S 4 N a / N m a a U ci U LU m N CC i< W "ON NOdNIV ° $ ° ! n = f 0 U7 N tt -'S' � - ! o w Z } is Mextico Of o =2 Gulf e a0 ��a Acct #068778 June 20, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: 2010 Cycle Adoption: Legal Advertisement w/MAP Dear Legals: Please advertise the above referenced notice (w /map) Friday, July 1, 2011 and kindly send the Affidavit of Publication, in triplicate to this Office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*0* #4500112358 June 20, 2011 July 21, 2011 CCPC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 01, 2011 and furnish the Affidavit of Publication, in Triplicate, to the Board Minutes and Records Department. The advertisement must be a "1/2" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500112358 ACCOUNT NUMBER: 068778 NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011 at 9:00 A.M. in the Board of County Commissioner's 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 Adoption of Growth Management Plan amendments to the Future Land Use and Future Land Use Map and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series. The ordinance titles are as follows: ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN, INCLUDING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORDIA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commercial uses of the C -1 through C -3 zoning districts, with exceptions, and some uses of the C -4 and C- 5 zoning districts with a requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62 acres. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO CHANGE THE SQUARE FOOT LIMITATION IN THE VANDERBILT BEACH ROAD NEIGHBORHOOD COMMERCIAL SUBDISTRICT FOR CERTAIN USES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP- 2010 -2, staff 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. ADOPTION HEARING [Coordinator: David Weeks, AICP, GMP Manager] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, 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 TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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 Subdistrict by deleting 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. ADOPTION HEARING [Coordinator: Corby Schmidt, AICP, Principal Planner] [insert map] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management 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. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 T46S T47S T48S T49S T50S T51S T52S T53S ALNf103 owmo 16 AIN= 30V0 W M n C I W O f M M m V �� rc V1 cc O � W � LU N � O Q W s M w vi W U _ M Q ALNnOO ANON3H 3 W M 0 w 6 6Z -'tl'S 6Z -'il'S W M N W � 6Z -'tl'S j z 7 m � G � QQ W W N S � - O m R' CL H ALNf100 331 U W ^ N O � 9 N G k� Q O o Q N LL N m a mob' CL d U ti U n W Z LSB -.a.0 CAD N z � � z F ° LSO -'H'S fl a 25 SL-1 a � Y 5 n ggC W 'Otl NOdNIV �6c z a U o ? 6 ° ,n N li = v 0a -° z ° adz NiextiC° i Of m S _S2 Gulf Martha S. r gara From: Sent: To: Subject: Ok -1 From: Marth Sent: Mond: To: Legals NI Subject: 20 Lega Is, f'eredia, Blanca [BEHeredia @Napiesnews.com] Monday, June 20, 2011 2:51 PM artha S. Vergara i .c: 2010 Cycle Adoption (w /map) Lrcara (r _rlto: M(:irtha .Vergara�'(Ocollierclerk.coml ,!n` 20, 201. 2:33 PM /clue Adopti, �'�; /neap) Please adver the followir.,, attached ad on Friday, July 1, 2011, (Display Ad Map). Send an ok v, you receiv:,. T;,a -,ks, anci Valti:c Office! lE- aii. ��r, :�Xolllerderk.ci.,n Please visit u,,.b ut c 11�;- �Icr1<.com T!,Is clectroni( c',rtlo!i i fie tial and may ceetain privileged information intended solely for the named addressee(s), It may not be used or dis( 2 c -pt for a p, se for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any actioi cci 'oy or in nce on information contained in this message. Unless express: ,d, opinions i this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. have n c:_,, (A this communication in error, please notify the Clerk's Office by emailing helpciesk@collierclerk.com quoting the sci I delete t: i s ;age and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any om:ard niis =Ion or ­ of emails and attachments having left the CollierClerk.com domain. Under Florida l -mail address s are public records. If you do not want your e-mail address released in response to a public record r est, do not nd electronic mail to tl is entity. Instead, contact this office by telephone or in writing. 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as the aut appeared Kim Pokarney, who on oath says the Accounting Manager of the Naples Dail) newspaper published at Naples, in Collier distributed in Collier and Lee counties of Fl( attached copy of the advertising, being a PUBLIC NOTICE Sworn to and subscribed before me This 6th day of July, 2011 (Signature notary public) � : KAROL E KANGAS Notary Public - State of Florida w�lo, My Comm. Expires Jul 29, 2013 ; Commission # CD 912237 NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011 at 9:00 A.M. in the Board of County Commissioner's 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 Commis- sioners to transmit to the Florida Department of Community Affairs the Adoption, of Growth Management Plan amendments to the Future Land Use and Future Land Use Map.and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series. The ordinance titles are as follows: ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE' UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN, INCLUD- ING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORDIA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commer- cial uses of the C -1 through C -3 zoning districts, with exceptions, and some uses of the C -4 and C -5 zoning districts with a requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62 acres. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO CHANGE THE SQUARE FOOT LIMITATION IN THE VANDERBILT BEACH ROAD NEIGHBORHOOD COMMERCIAL SUBDISTRICT FOR CERTAIN USES, AND FURTHERMORE REC- OMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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 Neigh- borhood 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 maxi- mum 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. ADOP- TION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS, SPE- CIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANS- MITTAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP- 2010 -2, staff petition requesting amendments to the Future Land Use Ele- ment 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 appli- cability 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 correc- tions in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. ADOPTION HEARING [Coordinator: David Weeks, AICP, GMP Manager] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, 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 FURTHER- MORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEV- ERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP- 2010 -5, Staff petition requesting an amendment to the Future Land Use El- ement and Future Land Use Map and Map Series to modify the Davis Boulevard /County Barn Road Mixed Use Subdistrict by deleting 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. ADOPTION HEARING [Coordinator: Corby Schmidt, AICP, Principal Planner] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Develop- ment 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. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 testi- mony 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 assis- tance. 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 N0. 678170859 July 1. 2011 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as the autl- appeared Kim Pokamey, who on oath says the Accounting Manager of the Naples Daily newspaper published at Naples, in Collier 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 I time i on July 1, 2011 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 attac advertisement; and affiant further says that he has neii promised any person, firm or corporation any disc( commission or refund for the purpose of securing this a publicatiop in the said newspaper. ( Signature of affia Sworn to and subscribed before me This 6th day of July, 2011 (Signature of notary public) KAROL E KANGAS • ? Notary Public - State of Florida My Comm. Expires Jul 29, 20131 f 4,F OFRo` Commission # DD 912237 VjJDL1V Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011 at 9:00 A.M. in the Board of County Commissioner's 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 Commis- sioners to transmit to the Florida Department of Community Affairs the Adoption, of Growth Management Plan amendments to the Future Land Use and Future Land Use Map.and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series. The ordinance titles are as follows: ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE` UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN, INCLUD- ING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORDIA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CP- 2008 -1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commer- cial uses of the C -1 through C -3 zoning districts, with exceptions, and some uses of the C -4 and C -5 zoning districts with a requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of ±40.62 acres. ADOPTION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO CHANGE THE SQUARE FOOT LIMITATION IN THE VANDERBILT BEACH ROAD NEIGHBORHOOD COMMERCIAL SUBDISTRICT FOR CERTAIN USES, AND FURTHERMORE REC- OMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition 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 Neigh- borhood 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 maxi- mum 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. ADOP- TION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS, SPE- CIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRANS- MITTAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP - 2010 -2, staff petition requesting amendments to the Future Land Use Ele- ment 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 appli- cability 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 correc- tions in rural areas; and, add clarity, correct date errors, and make other non - substantive text revisions. ADOPTION HEARING [Coordinator: David Weeks, AICP, GMP Manager] ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COL- LIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT, 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 FURTHER- MORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEV- ERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Petition CPSP- 2010 -5, Staff petition requesting an amendment to the Future Land Use El- ement and Future Land Use Map and Map Series to modify the Davis Boulevard /County Barn Road Mixed Use Subdistrict by deleting 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. ADOPTION HEARING [Coordinator: Corby Schmidt, AICP, Principal Planner] u� , 5 Coliiar County Florida p cr -mwa� cr , . d ..s [ � _ R All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Develop- ment 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. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 July 21, 2011 qj5 PUDZ -PL? 009 -1017 (CCPC) June 16, 2011 Estates Shopping Center CPUD CORRECTED RUN DATE Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Thursday, July 1. 2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500096189 Account Number: 068779 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, July 21, 2011, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- PL2009 -1017: Estates Shopping Center CPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 190,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41± acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] (insert map) 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 respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to July 11, 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 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. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman 0 a w 3 2 ZO GOLDEN GATE ESTATES GOLDEN GATE ESTATES m UNIT 14 UNIT 49 5 4 z GOLDEN GATE ESTATES GOLDEN GATE ESTATES 0 UNIT 10 UNIT 11 PROJECT LOCATION GOLDEN GATE BOULEVARD WILSON BLVD. CENTER SNOWY EGRET PLAZA 0 g J GOLDEN GATE ESTATES 9 0 co 10 UNIT 9 GOLDEN GATE ESTATES UNIT 12 z GOLDEN GATE ESTATES 11 O UNIT 13 GOLDEN GATE ESTATES UNIT 40 17 16 GOLDEN GATE ESTATES WARREN BROTHERS 15 14 UNIT 193 Patricia L. Morgan From: Patricia L. Morgan Sent: Thursday, June 16, 2011 3:13 PM To: Deselem, Kay; Rodriguez, Wanda Cc: MorganTrish; Neet, Virginia; Ashton, Heidi Subject: RE: CORRECTED LETTER -- Estates Shopping Center, PUDZ- PL2009 -1017 NDN ad for 7/21/11 CCPC We got you covered. It will run on Friday, July 1, 2011. Thank you. Trish Morgan, BMR Manager Clerk of the Circuit Court & VAB Minutes and Records Department (239)252 -8399 Phone (239)252 -8408 Fax patricia .morgan @colliercierk.com From: DeselemKay jmailto :KayDeselem @colliergov.net1 Sent: Thursday, June 16, 20113:11 PM To: Rodriguez, Wanda Cc: MorganTrish; Neet, Virginia; Ashton, Heidi Subject: RE: CORRECTED LETTER -- Estates Shopping Center, PUDZ- PL2009 -1017 NDN ad for 7/21/11 CCPC Geez. Trish and all: Can you accept the letter knowing that the date is 7/1 and ignore the Thursday reference? I really, really don't want to do the darned thing again. Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselem@collier oA v.net From: RodriguezWanda Sent: Thursday, June 16, 20112:38 PM To: DeselemKay Cc: MorganTrish; NeetVirginia; AshtonHeidi Subject: RE: CORRECTED LETTER -- Estates Shopping Center, PUDZ- PL2009 -1017 NDN ad for 7/21/11 CCPC Not trying to be picky, but July 15, is a Friday, not a Thursday... Wanda From: DeselemKay Sent: Thursday, June 16, 20112:34 PM To: Minutes and Records Cc: LorenzWilliam; BellowsRay; Trish L. Morgan; RodriguezWanda; NeetVirginia Subject: RE: CORRECTED LETTER -- Estates Shopping Center, PUDZ- PL2009 -1017 NDN ad for 7/21/11 CCPC Acct #068779 June 17, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: PUDZ- PL2009 -1017: Legal Advertisement w/MAP Dear Legals: Please advertise the above referenced notice (w /map) Friday, July 1, 2011 and kindly send the Affidavit of Publication, in triplicate to this Office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PeOe #4500096189 June 16, 2011 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday. July 1, 2011, and furnish the Affidavit of Publication, in Triplicate, to the Board Minutes and Records Department. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500096189 Account Number: 068779 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, July 21, 2011, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- PL2009 -1017: Estates Shopping Center CPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 190,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41t acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] (insert map) 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 respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to July 11, 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 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. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Q 3 2 GOLDEN GATE ESTATES GOLDEN GATE ESTATES m UNIT 14 UNIT 49 5 4 GOLDEN GATE ESTATES GOLDEN GATE ESTATES z 0 UNIT 10 UNIT 11 PROJECT LOCATION GOLDEN GATE BOULEVARD WILSON BLVD. CENTER SNOWY EGRET PLAZA 8 GOLDEN GATE ESTATES 9 UNIT 9 GOLDEN GATE ESTATES m 10 UNIT 12 z GOLDEN GATE ESTATES 11 0 UNIT 13 GOLDEN GATE ESTATES -' UNIT 48 17 16 GOLDEN GATE ESTATES WARREN BROTHERS 15 14 UNIT 193 Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 17, 2011 9:22 AM To: Naples Daily News Legals Subject: PUDZ- PL2009 -1017, Estates Shopping Center CPUD Attachments: PUDZ- PL2009 -1017 Estates Shopping Center CPUD (7- 21- 11).doc; PUDZ- PL2009 -1017 Estates Shopping Ctr CPUD (7-21 -1 1).doc; PUDZ- PL2009 -1017 Estates Shopping Ctr (7- 21- 11).pdf Legals, Please adverti � the following attached ad on Friday, July 1, 2011 (Display Ad Map). Send an ok wh ,n you receive. Thanks, E -mail: ma: F_ a_ygr a� @collierderkxom 1 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, July 21, 2011, in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- PL2009 -1017: Estates Shopping Center CPUD - - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 amend- ing the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district with a Wellfield Risk Man- agement Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 190,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41± acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 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 July 11, 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 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 rA [S CWLQ1�RtRAIEt �� tE5 � 0 AS Gx n N4T tx T W PROJECT LOCATION 11 R��r s ✓.UP UMf 9CSiAi6 F G 1[ i tMAi V iAt[s I it +8 „� wnwsn moexns �w5 E+YS �r[5 14 OOtMN W1E cvAis wns +.+ t5 ry aanot a3E esr�rzs irir w µ 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 July 11, 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 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 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarney, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 1, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the s4i4ewspaper. ( Signature-of affiant) Sworn to and subscribed before me This 6th day of July, 2011 (Signature of notary public) �zo+ KAROL E KANGAS 4 Notary Public - State of Florida My Comm. Expires Jul 29, 2013 5 X azaw,, R E-sXrti muN �..,¢ "T�- Commission # DD 912237 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, July 21, 2011, in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- PL2009 -1017: Estates Shopping Center CPUD - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 amend- ing the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district with a Wellfield Risk Man- agement Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 190,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41 t acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] �� ,i � rtb&9a CX2 f5ra,pg 91t£N Wb tSialfg OxM „ 1 wi 5 X azaw,, R E-sXrti muN �..,¢ "T�- 1 �r PROJEcr LOCAT €ctN vy a I sued A E%YAH5 fy.N U<.'ssiat[s �� Ukt 9 Jtt.#ti W.RtESSXR& �AUtt J 11 MadfFM�Gh. 8 §tA24 i 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 July 11, 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 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 No. 231182560 July 1: 2011 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JULY 21, 2011 SUBJECT: PUDZ- PL2009 -1017, ESTATES SHOPPING CENTER CPUD COMPANION ITEM CP- 2008 -1 PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Kenneth R. Johnson, as Trustee D. Wayne Arnold, AICP Mr. Richard D. Yovanovich, Esq. C/O Coleman, Yovanovich & Koester, ] 3800 Via Del Rey Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building Bonita Springs, FL 34134 Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Estates (E) Zoning District with a Wellfield Risk Management Treatment Overlay to the Commercial Planned Unit Development (CPUD) Zoning District with a Wellfield Risk Management Treatment Overlay, for a project to be known as the Estates Shopping Center CPUD. GEOGRAPHIC LOCATION: The 40.6± acre subject property is located at the northwest corner of Golden Gate and Wilson Boulevards, within Section 4, Township 49 South, Range 27 East. The site extends west from Wilson Boulevard to 3rd Street NW. (See location map and proposed PUD Master Plan on the following pages.) PURPOSE/DESCRIPTION OF PROJECT: Approval of this project, known as Estates Shopping Center CPUD, will allow up to 190,000 square feet of commercial development. As depicted on the PUD Master Plan, access to the property would be from Golden Gate Boulevard, Wilson Boulevard, 1St Street NW and 3rd Street Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 1 of 16 July 21, 2011 CCPC Revised: 6/23/11 LOCATION MAP 61 IN 91 120 ISS OIL WELL ROAD (O.R. BSS) 25 62 0 9B 119 134 11 ORANGE BLOSROY BJ e2 99 119 1]5 GRANCETREE RANCH e+ e1 1O 117 22 23 24 95 2p 21 GOLDEN LATE ESTATES 119 GOLDEN GATE ESTATES S 29 Y 19 79 UNR 21 115 UNIT 22 7 ORANOEIREE .7 79 3 103 114 = 139 RANDALL BOULEVARD U11 NAPLES- IMMONAIFE ROAD (C.R."G MIR -MAR RANDALL BLVD. 69 77 E 104 113 CENTERS E B 32 7ESTATES 25 dm 3 27 GOLDEN DATE ESTATES OLDEN GATE ESTATES 112 ,4, SITE 33 4 GOLDEN GATE UNIT 2. UNIT 25 2B GOLDE ESTATES 30 7s ;j::)i1R4 -, -: }: } ?i ? ?:i i:'%?i= i- *-- ,- r ?iigi.. UNIT Z3 5i;; })iii: °ii:iiziiiii); <.; T1 ':':':: MD': :'•:::':4iitl'i:':':�i.':':'::�: ryp� 5 ) 09:':':': ::1'Ni':':':::•::'::.:::::::':' :':'�:'::'::':.':'::.: 1 2 34 35 36 33 GOLDEN DATE ESTATES GOLDEN GATE ESTATES GOLDEN GATE ESTATES 31 32 GOLDEN GATE ESTATES UNIT 19 UNIT 17 UNIT 16 UNIT 19 3 2 GOLDEN GATE ESTATES GOLDEN GATE ESTATES 5 UNIT 14 UNIT 49 5 4 GOLDEN GALE CClOEN ESTATES GOLDEN GATE ESTATES GOLDEN GATE ESTATES UNIT NIT UNIT to uNlr n uNlr w 7 PROJECT LOCATION GOLDEN GATE BOULEVARD W LSON BLVD. CENTER ;;;;;;7E ;RET 7 PLAZA 1 a OLDEN GATE OLDEN CATS ESTATES 9 0 10 ESTATES UNIT 9 BEN GATE GOLDEN DA1E ESTATES 11 12 UNIT B ESTATES O UNIT 13 GOLDEN CATE ESTATES GOLDEN CATS UNIT 4e ESTA/E5 UNIT 51 1B 17 GOLDEN GATE GOLDEN GATE ESTATES 16 ESTATE5 UNIT 193 WARREN BROINERS 15 14 13 UNIT 1" 19 GOLDEN CA IE ESTATES 20 21 22 23 24 UNIT 195 LOCATION MAP 61 IN 91 120 ISS 12 25 62 0 9B 119 134 11 29 BJ e2 99 119 1]5 10 27 e+ e1 1O 117 1J0 B 29 95 00 101 119 137 S 29 Y 99 79 1G2 115 130 7 30 .7 79 3 103 114 = 139 U'14 B 31 U11 Y 69 77 E 104 113 140 E B 32 dm 3 09 75 105 112 ,4, SITE 33 4 LOCATION 70 7s ;j::)i1R4 -, -: }: } ?i ? ?:i i:'%?i= i- *-- ,- r ?iigi.. 3 s4 5i;; })iii: °ii:iiziiiii); <.; T1 ':':':: MD': :'•:::':4iitl'i:':':�i.':':'::�: ) 09:':':': ::1'Ni':':':::•::'::.:::::::':' :':'�:'::'::':.':'::.: 1 2 So CPUD V SNOWY C_3 EGRET PLAZA 52 53 BB S7 SB S9 122 123 124 125 54 05 90 121 -- mss 125 n 55 e4 120 127 u12 � N Se E 92 119 In s7 B2 93 119 129 39 B1 94 117 1J0 PETITION # PUDZ -PL -2009- 1017 C -2 17 16 19 1 20 4 3 21 e 9 1D 1s n U13 u 73 E 13 24 12 yy ZONING MAP a l,I ZONING: E, ESTATES ZONING: E, ESTATES ZONING: E, ESTATES awes LAND USE: SINGLE FAMILY RESIDENTIAL LAND USE: SINGLE FAMILY RESIDENTIAL LAND USE SINGLE FAMILY RESIDENTIAL 20' WIDE ENHANCED B TVPEB BIU F R I I q I '' ' . . m I m •� I ZONING: E, ESTATES I I I J LAND USE: SINGLE FAMILY RESIDENTIAL III LAKE r. -•. f 1 r III N UIIMIY Area III I �. :• CA ODOOOOQ6JQ TRACT A 2] 1 4 4 _ I, I g� �1A�Dao ZONING: E, ESTATES I I � LEN (�,'.'.3 LAND USE: SINGLE FAMILY RESIDENTIAL csl L'• "•) O III g L(L•, •,1 ,���LLL- 11fII,��� (] Q o I-I of l• :' :1 II II � O �I TR TB cx 1. III II I 50' ED •.'.'3 o'. I�TYPED BUFFER _ �• .•AREsEHVE•'•'•'•'•"•;•;) 50'WIDE ENHANCED TYPE DBUFFER =' - - -- _-- �--� -- - GOLDEN --- - - - - -- - - - - - -� ZONING: E' ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E. ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL .'.'.'.'.'.'.',•.•,•,• j I J .3 LAKE Li :' :•JJ Q I I 0 o i TRACT C I o i r cl I 50' WIDE ENHANCED TYPE DBUFFER- IOULEVARD WEST ZONING: E. ESTATES m LAND USE: SINGLE FAMILY ZONING: CPUD, SNOWY EGRET PLAZA RESIDENTIAL C-3, COMMERCIAL INTERMEDIATE LAND USE: RETAIL CENTERS i N o® ZONING: E, ESTATES swu • ,� LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C•2, COMMERCIAL CONVENIENCE LAND USE: RETAIL CENTER 1' Ij I ZONING: CPUD, WILSON BOULEVARD CENTER I LAND USE RETAIL CENTER SITE SUMMARY SITE •40.612 ACRES i LAKES •3.862 ACRES(, %) I PRESERVE =4.212ACRES(1D%) 1 OWNER; (40.622 ACRES (TOTAL SITE) - 12.532 ACRES (7.54 AC SINGLE FAMILY HOMES 490 AC ROW 09 AC. PUMP STATION) =25.092 ACRES (NATIVE VEGETATION) X 15% =4.212 ACRES (REQUIRED NOTES: PRESERVE) EASEMENTS AND ROADWAYS 4.92 ACRES D2 %) 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. COMMERCIAL 2. ALL ACREAGE IS APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF MAXIMUM PROPOSED a 190.000 GROSS SQUARE FEET SDP OR PLAT APPROVAL. 3. ALL MEDIAN OPENINGS ARE PROPOSED. OPEN SPACE: 30% MINIMUM REQUIREMENT: 4. 3RD STREET NW ACCESS SHALL BE DESIGNED TO PROHIBIT TRUCK TRAFFIC AND TO 10.72 ACRES (40.622ACRES -ROW (4.062ACRES) AND PUMP STATION (0.092 ACRES) X 30"A) LIMIT CUT THROUGH TRAFFIC. GradyMinor„ ® nonw6mnA .n1PJwtnu " „;::zaWA ESTATES SHOPPING CEN "u N.phr 20AAaa.2141 Civil EnCln,ers . Land Surveyors . ccex. ur4lTxalNmrsl car. ne.a mssul Planner, . Landscape Architects aunlxs EXHIBIT C v9®.r.ID Ly rxu. +ww.Olaipllinor.mn O.Gr.4raa— uxnswxm —.PA MASTER PLAN OnMPU.n adA-1 KENNETH R. JOHNSON AS TRUSTEE COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 N. TAMIAMI TRAIL. SUITE 300 NAPLES, FLORIDA 34103 239.435.3535 239.435.1215 FAX I© 0 KENNETH R. JOHNSON AS TRUSTEE COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 N. TAMIAMI TRAIL. SUITE 300 NAPLES, FLORIDA 34103 239.435.3535 239.435.1215 FAX NW. The exact alignment, as well as the placement of buildings, parking areas and drive aisles would be determined at the time of site development plan (SDP) approval. Approximately 4.21 acres of native vegetation, representing 15 percent of the existing native vegetation, would be maintained as preserve. SURROUNDING LAND USE AND ZONING: North: Developed with single - family homes (except north of middle tract which is occupied by a small Comcast facility); zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. South: Across Golden Gate Boulevard, a four -lane divided road, developed single - family homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a Walgreens pharmacy, zoned PUD (Snowy Egret Plaza) and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map. West: Across 3rd Street NW, developed, single - family homes; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. East: Across Wilson Boulevard, a 2 -lane undivided road, undeveloped tract, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a developed tract, zoned C -2, and two undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map. Aerial Photo (subject site depiction is approximate) Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 2 of 16 July 21, 2011 CCPC Revised: 6/23/11 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject site is located within Golden Gate Estates and designated Estates Mixed Use District, Residential Estates Subdistrict and Neighborhood Center Subdistrict on the Golden Gate Area Future Land Use Map of the Golden Gate Area Master Plan ( GGAMP). The property owner submitted a GGAMP amendment application [GGAMPA] (Petition CP- 2008 -1) that proposes to re- designate the subject property to a newly created Subdistrict entitled the Estates Shopping Center Subdistrict. This amendment, if approved, will allow up to 190,000 square feet of commercial land uses on the site. The amendment contains: a specific list of allowed uses (C -1 through C -3 commercial uses, with exceptions and certain C -4 and C -5 commercial uses), and prohibited land uses; a requirement that the first certificate of occupancy issued for a commercial use must be for a grocery store with a minimum square footage of 27,000 square feet; requirements for enhanced landscape buffers; a project phasing schedule based on intersection improvements to Golden Gate and Wilson Boulevards; and requirements for preserve areas. The Growth Management Plan (GMP) amendment was transmitted to the Florida Department of Community Affairs and no objections were made in their Objections, Recommendations and Comments Report. The Adoption hearing for this GMP amendment is scheduled to be heard by the Board of County Commissioners (BCC) on September 13, 2011; the Commercial Planned Unit Development (CPUD) rezoning is scheduled for this same hearing date. Staff has reviewed the applicable Goal and Policies of the GGAMP. Below is the GGAMP text (in italics) followed by staff analysis (in bold). GGAMP Goal 5: Future growth and development within Golden Gate Estates will balance the desire by residents for urban amenities with the preservation of the area's rural character, as defined by wooded lots, the keeping of livestock; the ability to grow crops, wildlife activity, low - density residential development, and limitations on commercial and conditional uses. Consistency with this Goal is contingent upon BCC approval of the companion GMP amendment, Petition CP- 2008 -1, to establish the Estates Shopping Center Subdistrict. GGAMP Policy 5.1.1: Consistent with public safety requirements, street, recreational and structure lighting within Golden Gate Estates shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. In implementing this Policy, the County shall apply the following standards: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 3 of 16 July 21, 2011 CCPC Revised: 6/23/11 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area c. This policy shall not apply to Tract 124 and the north 150 feet of Tract 126, Unit 12, Golden Gate Estates, located in the southwest quadrant of the Wilson and Golden Gate Boulevards Neighborhood Center. The proposed CPUD contains consistent Policy language which addresses project lighting. GGAMP Policy 5.3.2: The Land Development Code shall continue to allow the preservation of native vegetation and wildlife indigenous to the Estates Area The CPUD contains provisions for native vegetation retention on the site, which may be deemed consistent with the Policies of the Conservation and Coastal Management Element (CCME). The pending GMP amendment includes text that identifies the proposed native vegetation preserve on the master plan as satisfying Policy 6.1.1. of the CCME. As proposed, the CPUD will include approximately 4.2 acres of retained and revegetated preserve areas. In reviewing for compliance with Objective 7 and related Policies (shown in italics) of the Future Land Use Element (FLUE) regarding Smart Growth principles (interconnections, loop road, sidewalks /trails, etc.), staff provides the following analysis in bold text. FLUE 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 project has frontage on two collector roads and will provide connections to the existing and proposed sidewalks that will be located in the future roadway improvements. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed CPUD master plan identifies that the project will have internal access roads that will permit vehicles and pedestrians to safely move throughout the site, with limited need to utilize the adjacent collector roadways. FLUE 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 southern, eastern and western property boundaries are adjacent to public roadways. The northern property boundary abuts properties zoned Estates and are not eligible for commercial development; these properties are limited to single family development. A preserve area/buffer is located along the entire northern boundary of the site. Interconnection to these properties to the north is not provided and staff does not believe doing so is necessary. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 4 of 16 July 21, 2011 CCPC Revised: 6/23/11 Based on the above analysis, Comprehensive Planning Staff finds the proposed CPUD consistent with the Golden Gate Area Master Plan Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition CP- 2008 -1, to establish the Estates Shopping Center Subdistrict. Transportation Element: Transportation planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan with the provision of mitigation as stated in Exhibit E of the PUD. Traffic Impacts (Staff comments are limited to the significant impacts shown on the initial concurrency links.) Golden Gate Boulevard: The first concurrency link that would be impacted by this project is Link 17, Golden Gate Boulevard between CR -951 and Wilson Boulevard. The project would generate up to 160 PM peak hour, peak direction trips on this link, which represents a 6.81% impact. This concurrency link reflects a remaining capacity of 564 trips in the draft 2010 AUIR and is at Level of Service D. The second concurrency link that would be impacted by this project is Link 123, Golden Gate Boulevard between Wilson Boulevard and Everglades Boulevard. The project would generate up to 119 PM peak hour, peak direction trips on this link, which represents an 11.76% impact. This concurrency link reflects a negative remaining capacity of -73 trips in the draft 2010 AUIR and is at Level of Service F. This roadway is currently in the County's 5 year CIE. Due to the project's location at this major intersection the project will capture vehicles which are already on Golden Gate Boulevard east of Wilson Boulevard and traveling west to obtain the services to be provided by the project. The development of this commercial PUD will have a positive impact on green house gas reductions and shorten vehicle miles traveled for many Estates residents. Specific mitigation to address the impact to this roadway link is discussed below. Wilson Boulevard. The first concurrency link on Wilson Boulevard that would be impacted by this project is Link 118, Wilson Boulevard between Golden Gate Boulevard and the northerly terminus of Wilson (north of Immokalee Road). The project would generate up to 86 PM peak hour, peak direction trips on this link, which represents a 9.35% impact. This concurrency link reflects a remaining capacity of 569 trips in the draft 2010 AUIR and is at Level of Service B. Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Conservation and Coastal Management Element (COME): Environmental staff has evaluated the proposed PUD for compliance with the CCME. The proposed native vegetation preserve area is consistent with the area identified as preserve within the Estates Shopping Center Subdistrict and includes areas containing existing native vegetation as well as areas where native vegetation will be re- established on the site. Environmental review staff recommends this petition be deemed consistent with the Conservation & Coastal Management Element (CCME). Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 5 of 16 July 21, 2011 CCPC Revised: 6/23/11 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 GGAMP, FLUE and FLUM designations is a portion of the overall fmding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. 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: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental conditions contained in Exhibit F of the PUD document. Due to the amended LDC requirements, this project is not required to be heard by the Environmental Advisory Council unless that action is a directive of the CCPC or BCC. The project site contains approximately 28 acres of native vegetation that generally consists of pine flatwoods. A minimum of 15% of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 4.2 -acre preserve area is located primarily along the northern and western portions of the project site. No listed species were found on site. Wellfield Risk Management Overlay Zone: The Collier County Pollution Control Department has confirmed that the proposed wastewater area shown on the master plan is located outside the restricted W 1 zone of Wellfield Risk Management Special Treatment Overlay Zone (3.06 LDC). Any on -site water and wastewater systems will be required to obtain separate permits through the Department of Environmental Protection (DEP) and South Florida Water Management District (SFWMD). Those permitting agencies will be responsible for evaluating and assuring that there are no negative impacts to individual potable water wells near the proposed commercial PUD. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues. The property owner, through the pending Estates Shopping Center Subdistrict of the GGAMP has made commitments on project phasing and ROW dedication which are consistent with the proposed improvements to Golden Gate Boulevard. and Wilson Boulevard. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 6 of 16 July 21, 2011 CCPC Revised: 6/23/11 Appropriate mitigation for transportation impacts has been included as conditions in the PUD exhibits. This mitigation is consistent with the requirements of the Estates Shopping Center Subdistrict of the GGAMP. Access conditions have also been included in the PUD. The Developer has also agreed to coordinate with the Collier County Public School District to provide for a student bus stop adjacent to the PUD. The Developer has also committed to coordinate with the Collier County Area Transit (CAT) program to install a transit shelter adjacent to the PUD. Transportation Division staff recommends approval of the PUD, subject to the commitments contained in the draft PUD ordinance. Zoning Services Review: The Master Plan shows the location of the proposed development areas including the conceptual building orientation. The largest development tract will be on the parcel of land between 3`d Street NW and lst Street NW. The project's primary access from Golden Gate Blvd. is proposed to be located on this tract. The Developer will also be providing private water and wastewater services on -site and has provided for a large area immediately west of the principal development tract for these utility services. The master plan depicts enhanced buffers along all property lines, in compliance with the proposed GGAMPA. Conceptual graphic depictions of these buffers have been included as exhibits to the PUD. Staff is of the opinion that the enhanced buffers are consistent with the representations made by the Developer's representatives during the public hearing process for the comprehensive plan amendment and the CPUD application. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses 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. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. The entire 40.6 acre site is located within a pending new land use category in the GGAMP (Estates Shopping Center Subdistrict). Many compatibility issues were discussed throughout the review of the comprehensive plan amendment application. Comprehensive Planning Staff and the applicant have attended numerous meetings with homeowners in the Golden Gate Estates area in which issues such as compatibility of the proposed commercial project were discussed. In response to many of the comments, the PUD document has been tailored to address expressed concerns. For example, the PUD contains an extensive list of permitted and prohibited land uses. The majority of the permitted uses are consistent with C -1 through C -4 land uses. Some C -5 uses such as contractor offices are permitted; however, the Developer has restricted these uses to office functions only and has prohibited equipment storage. Standalone bars or nightclubs have been prohibited from the list of permitted uses due to compatibility concerns with nearby residences and community character. The PUD also includes restrictions on hours of operation and deliveries for businesses. The proposed delivery and hours of operation are consistent with those included in the Brooks Village PUD, which is located at Pine Ridge Road and Collier Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 7 of 16 July 21, 2011 CCPC Revised: 6/23/11 Boulevard, because that property also abuts Estates zoned properties. Based on concerns over noise impacts, the Developer has agreed to prohibit outdoor amplified music or televisions in conjunction with restaurant uses. The comprehensive plan amendment included some development standards relative to building placement. The CPUD development table includes the committed building setbacks, and establishes other setbacks from each property boundary. The proposed development table is shown below. DEVELOPMENT STANDARDS ESTATES SHOPPING CENTER CPUD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS External From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. From To Street NW 300 Ft. 300 Ft. From 15 Street NW 35 Ft. 30 Ft. MINIMUM YARDS Internal Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or 1/2 the sum of the building heights N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. 2 N/A MAX. COMMERCIAL SQUARE FEET 190,000 Sq. Ft. N/A ' Whichever is greater. 2 Per principal structure, on the finished first floor. 3 One grocery store a minimum of 27,000 square feet must be constructed and receive the first certificate of occupancy as part of Phase I construction. No use, other than the grocery store, may exceed 30,000 square feet. Other standards included in the PUD which address neighborhood compatibility include a limitation allowing only single -story buildings within the PUD, a minimum commercial building setback of 300' from 3rd Street NW and a minimum building setback of 125' from the northern property boundary. Outdoor lighting will be consistent with the lighting criteria specified in Policy 5. 1.1 of the GGAMP. The enhanced project buffers have been discussed previously, and staff considers the buffers a significant component to address neighborhood compatibility. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 8 of 16 July 21, 2011 CCPC Revised: 6/23/11 With the reduced height, increased setbacks, enhanced buffers and proposed use limitations, staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. Deviation Discussion: The petitioner is not seeking deviations from the requirements of the LDC. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.0.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" (Staff's responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed rezone and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. 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 (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis 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. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 9 of 16 July 21, 2011 CCPC Revised: 6/23/11 Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended development standards and project commitments regarding increased setbacks and buffers and use limitations. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. With the proposed enhanced buffers, the project will exceed the minimum open space required for commercial development. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. A phasing schedule has been developed by Transportation staff which addresses availability of roadways concurrent with development. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD encompasses the entire GGAMP (Estates Shopping Center Subdistrict) area GMPA. Use expansion outside this PUD's boundaries would require a GGAMP amendment. The project is consistent with the pending amendment to the GGAMP which will permit commercial development only on the 40.6 acre site. 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. The petitioner is not seeking any deviations. Rezone Findings: LDC Subsection 10.03.05.1 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" (Staffs 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 project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP and GGAMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 10 of 16 July 21, 2011 CCPC Revised: 6123/11 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 rezone is appropriate given the existing land use pattern, and development restrictions included in the PUD. 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 lands to the south and southeast are also zoned PUD (Snowy Egret Plaza CPUD and Wilson Boulevard Center PUD). SUBJECT PROPERTY 40.61 ACRES LINT 11 mar uh enas wr ° mo0i PALE °Ealp un ° °aar wM t mar as m.m ." n yr ,� 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 and are consistent with the proposed Estates Shopping Center Subdistrict of the GGAMP. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The Estates area has seen significant housing increases in recent years and projections indicate that Golden Gate Estates will be one of the areas having the most significant population increase in the near future. The proposed zoning change is necessary to address the lack of retail services in Golden Gate Estates. The applicant's request is consistent with the Estates Shopping Center Subdistrict of the GGAMP. A straw vote ballot question was taken to the registered voters in precincts near the subject property on the November, 2010 election. In that vote, 76% of the voters supported the proposed 190,000 square foot project. A rezoning to PUD is required, and without rezoning, the Estates zoned tracts could not be developed with the proposed uses or with the proposed property development regulations. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 11 of 16 July 21, 2011 CCPC Revised: 6/23/11 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed rezone, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traff c deemed incompatible with surrounding land uses, because ofpeak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure for Golden Gate Boulevard west of Wilson Boulevard and all of Wilson Boulevard has adequate capacity to serve the proposed project at this time. For the segment of Golden Gate Boulevard east of Wilson Boulevard, the project will capture vehicles already on Golden Gate Boulevard east of Wilson Boulevard and traveling west to obtain the services to be provided by the project. This project will positively impact Golden Gate Boulevard east of Wilson Boulevard. The project will minimally increase traffic at the intersection of Golden Gate Boulevard and 1St and 3rd Streets NW. The roadway north of the project boundary on 1St and 3rd Streets NW, where single- family home sites exist will be not impacted by passerby traffic. 8. Whether the proposed change will create a drainage problem; The proposed rezone will not create drainage or surface water problems. The developer of the project will be required to obtain a surface water management permit from the SFWMD prior to approval of a local site development plan. The conceptual master plan identifies the conceptual location of the water management areas which will be a component of the water management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this rezone petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The single story height of the proposed buildings, combined with the large setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affectproperty 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 conditions. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 12 of 16 July 21, 2011 CCPC Revised: 6123/11 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 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 a zoning designation of Estates. Without a rezoning of the property from Estates to PUD or conventional commercial, no commercial development may occur on the property. Through on -going studies including the recently prepared Horizon Study and market demand analysis prepared by staff and the applicant, there is anticipated to be an increased demand for commercial development throughout the Estates area. 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 a maximum of 190,000 square feet of gross leasable commercial uses. The petitioner has proposed property development regulations to allow establishment of those uses in a manner that is in a scale appropriate with the surrounding community. All commercial buildings will be single story structures and will be developed in a Key West, Bermuda or Old Florida architectural style. Except for the required grocery store use, no other individual commercial user can exceed 30,000 square feet; thereby limiting the scale of the development. The proposed location of buffers, preserves, and lakes will also address building scale and insure that it is consistent with the needs of the area. The size of the project issue was part of the straw poll of registered voters in the November 2010 election, and 76% of the voters supported this size project. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 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. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 13 of 16 July 21, 2011 CCPC Revised: 6/23/11 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. 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. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone 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 on May 5, 2011. Richard D. Yovanovich, agent for the applicant opened the meeting at 6:10 p.m. In attendance were Kay Deselem and Michele Mosca representing Collier County, and D. Wayne Arnold with Q. Grady Minor and Associates and Ted Treesh with TR Transportation Consultants, Inc. representing the applicant. At the time the meeting began, approximately 25 people were in attendance. A sign - in sheet was provided at the entrance of the meeting room for the attendees to provide their name, address, email and phone number. A color rendering of the conceptual site plan for the property was displayed at the front of the meeting room. Mr. Yovanovich gave a brief overview of the rezone petition and he then explained how the rezoning petition related to the Comprehensive Plan transmittal process. Mr. Yovanovich discussed the favorable results from the election that had taken place in 2010 where the 190,000 square foot grocery anchored shopping center was a straw ballot question. Mr. Yovanovich discussed the major key elements of the zoning application including general permitted and prohibited uses, extensive enhanced buffers, prohibition on outdoor amplified music, project access points and phasing schedule. Mr. Yovanovich emphasized that a grocery store at least 27,000 square feet in size must be the first certificate of occupancy issued for the project. Hearing dates for both the transmittal hearing and the rezone petition were also provided to the attendees. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 14 of 16 July 21, 2011 CCPC Revised: 6/23/11 Several attendees asked questions to which Mr. Yovanovich and Mr. Arnold responded. General areas of questioning included: water management, landscape buffering, improvements to Wilson Blvd. and Golden Gate Blvd., building size and heights, development time frames, fire protection, hours for garbage pick -up, hours of operation, outdoor seating, water /wastewater treatment plant maintenance, security, safety of children at the bus stop and the location of outdoor seating. Mr. Yovanovich invited anyone with further questions to contact him, Mr. Arnold, Ms. Deselem or Ms. Mosca. The meeting was adjourned at approximately 7:00 p.m. [Submitted by the petitioner's agent] COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL2009 -1017 to the BCC with a recommendation of approval. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 15 of 16 July 21, 2011 CCPC Revised: 6/23/11 PREPARED BY: - 1v&&47U KAY DE #LEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: 1 RAY ND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES DATE DATE 9L�� ', v6 -Z3 Lt't LLIAM D. LORE , JR., P. V., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK' CASALANGUI A, D INISTRATOR GROWTH MANAGEMENT DIVISION G -Zti -// DATE Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting Estates Shopping CPUD, PUDZ- PL2009 -1017 July 21, 2011 CCPC Revised: 6/21/11 Page 17 of 17 ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 190,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009 -1017) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property; and WHEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W -1, W -2 and W -3, which are not changed by this PUD Ordinance. 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 4, Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Estates Shopping Center \ PUDZ- PL2009 -1017 Rev. 6/28/11 1 of 2 Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Overlay for a 41 +/- parcel to be known as the Estates Shopping Center CPUD in accordance with Exhibits A through E.C.ld attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 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 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 0012 , Deputy Cleric Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses IC FRED W. COYLE, Chairman Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Developer Commitments Exhibit E.C.1a — 1St Street NW Landscape Buffer Exhibit E.C.lb — -1 Street NW Landscape Buffer Exhibit E.C.1c — Wilson Boulevard Landscape Buffer Exhibit E.C.Id — Golden Gate Boulevard Landscape Buffer CP \11- CPS - 01006 \21 Estates Shopping Center \ PUDZ- PL2009 -1017 Rev. 6/28/11 2 of 2 EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL I. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Amusement and recreation Groups 7911 —Dance studios, schools and halls, excluding discotheques 7991 — Physical fitness facilities 7993 — Coin - operated amusement devises 7999 — Amusement and recreation services, not elsewhere classified, including only day camps, gymnastics instruction, judo /karate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 — Men's and boys' clothing and accessory stores 5621 — Women's clothing stores 5632 — Women's accessory and specialty stores 5641 — Children's and infants' wear stores 5651 — Family clothing stores 5661 — Shoe stores 5699 — Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 — Auto and home supply stores 5541 — Gasoline service stations (with convenience), without repair, (Tract B only) 4. Automotive repair, services and parking (no outdoor repair /service. All repairs /services to be performed by authorized automotive technician.) Groups 7514 — Passenger car rental 7534 — Tire retreading and repair shops, including only tire repair 7539 — Automotive Repair Shops, Not Elsewhere Classified, including only minor service, lubricating and diagnostic service 7542 — Carwashes, as an accessory to convenience stores only 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 — Paint, glass, and wallpaper stores 5251 —Hardware stores 5261 — Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 — Photocopying and duplicating services 7335 — Commercial photography 7336 — Commercial art and graphic design Page 1 of 18 June 27, 2011 7338 — Secretarial and court reporting services 7342 — Disinfecting and pest control services 7359 — Equipment rental and leasing, not elsewhere classified 7371 — Computer programming services 7372 —Prepackaged software 7373 — Computer integrated systems design 7374 — Computer processing and data preparation and processing services 7375 — Information retrieval services 7376 — Computer facilities management services 7379 — Computer related services, not elsewhere classified 7382 — Security systems services 7383 —News syndicates 7384 — Photofinishing laboratories 73 89 — Business services, not elsewhere classified 7. Communications Groups 4812 — Radiotelephone communications 4841 — Cable and other pay television services Construction special trade contractors (office use only, no on -site equipment storage) Groups 1711 — Plumbing, heating and air- conditioning 1721 — Painting and paper hanging industry 1731 — Electrical work industry 1741 — Masonry, stone setting, and other stone work 1742 — Plastering, drywall, acoustical, and insulation work 1743 — Terrazzo, tile, marble, and mosaic work industry 1751 — Carpentry work 1752 — Floor laying and other floor work, not elsewhere classified industry 1761 — Roofing, siding, and sheet metal work industry 1771 — Concrete work industry 1781 — Water well drilling industry 1791 — Structural steel erection 179' ) — Glass and glazing work 1794 — Excavation work 1795 — Wrecking and demolition work 1796 — Installation or erection of building equipment, not elsewhere 1799 — Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 —National commercial banks 6022 — State commercial banks 6029 — Commercial banks, not elsewhere classified 6035 — Savings institutions, federally chartered 6036 — Savings Institutions, not federally chartered 6061 — Credit unions, federally chartered 6062 — Credit unions, not federally chartered 6091 — Non - deposit trust facilities 6099 — Functions related to depository banking, not elsewhere classified 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor amplified music or televisions) Page 2 of 18 June 27, 2011 11. Executive, legislative, and general government, except finance Groups 9111 —Executive offices 9121 —Legislative bodies 9131 — Executive and legislative offices combined 9199 — General government, not elsewhere classified 12. Food stores Groups 5411 — Grocery stores (one must be a minimum 27,000 square feet) 5421 — Meat and fish (seafood) markets, including freezer provisioners 5431 — Fruit and vegetable markets 5441 — Candy, nut, and confectionery stores 5451 — Dairy products stores 5461 — Retail bakeries 5499 — Miscellaneous food stores, including convenience stores with fuel pumps and carwash B. General merchandise stores Groups 5311 — Department stores 5331 — Variety stores 5399 — Miscellaneous general merchandise stores 14. Home furniture, furnishings, and equipment stores Groups 5712 — Furniture stores 5713 — Floor covering stores 5714 — Drapery, curtain, and upholstery stores 5719 — Miscellaneous home furnishings stores 5722 — Household appliance stores 5731 — Radio, television, and consumer electronics stores 5734 — Computer and computer software stores 5735 — Record and prerecorded tape stores (no adult oriented sales) 5736 — Musical instrument stores 15. Insurance carriers Groups 6311 —Life insurance 6321 — Accident and health insurance 6324 — Hospital and medical service plans 6331 — Fire, marine, and casualty insurance 6351 — Surety insurance 6361 —Title insurance 6371 — Pension, health and welfare funds 6399 — Insurance carriers, not elsewhere classified 6411 — Insurance agents 16. Justice, public order and safety Groups 9221 - Police protection 9222 — Legal counsel and prosecution 9229 — Public order and safety, not elsewhere classified 17. Meeting and banquet rooms 18. Miscellaneous retail (no adult oriented sales) Groups 5912 — Drug stores and proprietary stores Page 3 of 18 June 27, 2011 5921 — Liquor stores (accessory to grocery or pharmacy only) 5932 — Used merchandise stores 5941 — Sporting goods stores and bicycle shops 5942 — Book stores 5943 — Stationery stores 5944 — Jewelry stores, including repair 5945 — Hobby, toy, and game shops 5946 — Camera and photographic supply stores 5947 — Gift, novelty, and souvenir shops 5948 — Luggage and leather goods stores 5949 — Sewing, needlework, and piece goods stores 5992 — Florists 5993 — Tobacco stores and stands 5994 — News dealers and newsstands 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19. Non - depository Groups 6111 6141 6153 6159 6162 6163 credit institutions - Federal and federally- sponsored credit agencies - Personal credit institutions -Short -term business credit institutions, except agricultural -Miscellaneous business credit institutions - Mortgage bankers and loan correspondents - Loan brokers 20. Offices and clinics of dentist (Group 8021) 21. Personal services Groups 7212 — Garment pressing, and agents for laundries and drycleaners 7221 —Photographic studios, portrait 7231 — Beauty shops 7241 — Barber shops 7251 — Shoe repair shops and shoeshine parlors 7291 — Tax return preparation services 7299 — Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 6513 6514 6515 6517 6519 6531 6541 6552 — Operators of nonresidential buildings — Operators of apartment buildings — Operators of dwellings other than apartment buildings — Operators of residential mobile home sites — Lessors of railroad property — Lessors of real property, not elsewhere classified — Real estate agents and managers — Title abstract offices - Land subdividers and developers, except cemeteries 24. Schools and educational services, not elsewhere classified (Group 8299) Page 4 of 18 June 27, 2011 25. Security and commodity brokers, dealers, exchanges, and services Groups 6211 — Security brokers, dealers, and flotation companies 6221 — Commodity contracts brokers and dealers 6231 — Security and commodity exchanges 6282 — Investment advice 6289 — Services allied with the exchange of securities or commodities, not elsewhere classified 26. Social services Groups 8322 — Individual and family social services (adult day care centers only) 8351 — Child day care services 27. Travel agencies (Group 4724) 28. Veterinary services for animal specialties (Group 0742) 29. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30. United states postal service (Group 4311, excluding major distribution centers) 31. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. Page 5 of 18 June 27, 2011 B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. b. Essential service facilities c. Gazebos, statuary and other architectural features d. Utilities, water and wastewater facilities and /or plants, (all processing buildings must be enclosed.) II. PROHIBITED USES: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A.1 are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 —Radio, television, and publishers' advertising representatives 7331 — Direct mail advertising services 4. Correctional Institutions (Group 9223) 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 — Elementary and secondary schools 8221 — Colleges, universities, and professional schools 8222 — Junior colleges and technical institutes 8231 —Libraries 7. Health services Groups 8062 — General medical and surgical hospitals 8063 — Psychiatric hospitals 8069 — Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 — Liquor stores 5961 — Catalog and mail -order houses 5962 — Automatic merchandising machine operators 9. Personal services Groups 7211 —Power Laundries, family and commercial 7261 — Funeral service and crematories Page 6 of 18 June 27, 2011 10. Social services Groups 8322— Individual and family social services, excluding centers 8361— Residential care, including soup kitchens and shelters III. OPERATIONAL STANDARDS 1. Hours of Operation: a. Grocery and restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9 pm c. Gas /convenience uses: 24 hour operation d. Deliveries: 6 am to 10 pm 2. Building Architecture: adult day care homeless All buildings shall be designed in a unified architectural style which shall be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Halogen lighting shall be prohibited. B. PRESERVE 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 CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. 1. Principal Uses: a. Native preserves b. Water management c. Mitigation areas d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. 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. Page 7 of 18 June 27, 2011 EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT i Whichever is greater. 2 Per principal structure, on the finished first floor. 3 One grocery store a minimum of 27,000 square feet must be constructed and receive the first certificate of occupancy as part of Phase I construction. No use, other than the grocery store, may exceed 30,000 square feet. 4 Accessory uses such as fences /walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Table I, above, however they are subject to Sections 2.01.02, 4.02.02, 4.02.03 and 5.06 of the LDC. s Except the utility building shall not be located closer than 75 feet to the northern property line. Page 8 of 18 June 27, 2011 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. 5 From 3rd Street NW 300 Ft. 100 Ft. From 0 Street NW 35 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives /ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or 1/2 the sun of the building heights t N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. 2 N/A MAX. GROSS COMMERCIAL BUILDING AREA 190,000 Sq. Ft. N/A i Whichever is greater. 2 Per principal structure, on the finished first floor. 3 One grocery store a minimum of 27,000 square feet must be constructed and receive the first certificate of occupancy as part of Phase I construction. No use, other than the grocery store, may exceed 30,000 square feet. 4 Accessory uses such as fences /walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Table I, above, however they are subject to Sections 2.01.02, 4.02.02, 4.02.03 and 5.06 of the LDC. s Except the utility building shall not be located closer than 75 feet to the northern property line. Page 8 of 18 June 27, 2011 ZONING: E, ESTATES ZONING: E. ESTATES ZONING: E, ESTATES auen LAND USE: SINGLE FAMILY RESIDENTIAL LAND USE: SINGLE FAMILY RESIDENTIAL LAND USE: SINGLE FAMILY RESIDENTIAL w 20' WIDE ENHANCED BUFFER 20' WIDE TYPE B BLIFIER _ Q fl ZONING: E. ESTATES LAKE �!•_•:; g LAND USE: SINGLE FAMILY RESIDENTIAL zi U11111y Area p gr o� TRACT I° 1 r�ffry��1 t% T :E ZONING: E, ESTATES Ic ` -''� Q f LAND USE: SINGLE FAMILY RESIDENTIAL LAKE T T B nE' a 50'WIDEFJUFFER 50'WIDEENHANCED TYPE DBUFFER AR�sERV E• - • - -' -' - - • - •'� TYPE DBUFFER C- '- "- ". ".'- - -) B GOLDEN GAl ZONING: E, ESTATES ZONING: E, ESTATES ZONING: E, ESTATES LAND USE: SINGLE FAMILY LAND USE SINGLE FAMILY RESIDENTIAL LAND USE: SINGLE FAMILY RESIDENTIAL RESIDENTIAL SITE SUMMARY SITE - 40.621ACRES LAKES =3.861 ACRES (9%) PRESERVE =4.211 ACRES (10%) (40.621 ACRES (TOTAL SITE) - 12.531 ACRES (7.64 AC. SINGLE FAMILY HOMES, 4.90 AC. ROW..09 AC. PUMP STATION) = 2 &091 ACRES (NATIVE VEGETATION) X 15% =4211 ACRES (REQUIRED PRESERVE) EASEMENTS AND ROADWAYS 4.91 ACRES (12%) COMMERCIAL MAXIMUM PROPOSED= 190.D00 GROSS SQUARE FEET OPEN SPACE: 30 %MINIMUM REQUIREMENT: 10.71 ACRES (40.621 ACRES - ROW {4.681 ACRES) AND PUMP STATION (0.091 ACRES) X 30 %) NOTES ZONING E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL y LAKE •a - ::::'1��T o o I 0 0 TRACT C m o rr z ,+ I o I4LJ, p 0 I_ zI Z 50' WIDE ENH ANCED TYPED BUFFER Ji I ZONING: CPUD, SNOWY EGRET PLAZA C-3, COMMERCIAL INTERMEDIATE LAND USE: RETAIL CENTERS N ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E. ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C -2, COMMERCIAL CONVENIENCE LAND USE: RETAIL CENTER �I I ZONING: CPUD, WILSON BOULEVARD CENTER. I LAND USE: RETAIL CENTER �1 �I II OWNER: i 1. THIS PLAN IS CONCEPTUAL. IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGE IS APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL 3. ALL MEDIAN OPENINGS ARE PROPOSED. 4. 3RD STREET NW ACCESS SHALL BE DESIGNED TO PROHIBIT TRUCK TRAFFIC AND TO LIMIT CU F THROUGH TRAFFIC. KENNETH R. JOHNSON AS TRUSTEE COLEMAN, YOVANOVICH AND KOESTER, P A. 4001 N. TAMIAMI TRAIL, SURE 300 NAPLES. FLORIDA 34103 239.435.3535 239.435.1215 FAX PUD REZONEII P,i1n1^I`Yima9, 2M M7.1144 ESTATES SHOPPING CENTER CPUD j GradyMinor NurlM1Pwt 1N12311. H4.13117 Ci, 11 I;nglnccrs Lund SPD 11— • VWIIIrrs • Lllx& 11 An1Plrtl. EXHIBIT C a ,ci;mMASTER PLAN 6 m4)'Nlxar rnln D.Orn4y }Ilxa•an,i AV"xt'Ixlrn. 1'1. SN6tT 1 Rs�lran Pale 0•e Ob. EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN NORTH 00 019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No. 11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.l l; THENCE RUN NORTH 00 °19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. n Page 10 of 18 June 27, 2011 EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: 1. Right -of -Way for Golden Gate Boulevard Expansion and Right -of -Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. If a full median opening (with or without signalization) is allowed at the project entrance between lst and 3rd, the design and construction costs shall be the frill responsibility of the Developer. Access must be consistent with access provisions shown on the Master Plan per items 7.d.i through 7.d.iv stated below. Owner and developer have no right to a median opening. Median openings may be closed at any time by the County in the exercise of its police power. 3. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The remaining 90,000 square feet shall not obtain SDP approval from the Transportation Division until such time that project number 60040 has commenced, unless the Developer has elected to construct the complete intersection improvements shown in project 60040 (at Wilson and Golden Gate) prior to the County's commencement (some of which will be eligible for impact fee credits). No certificates of occupancy shall be issued for this phase until said improvements are complete. This phase shall also have proportionate share responsibility toward the intersection of Wilson and Golden Gate Boulevard. 5. Access points shown on the Master Plan are conceptual. 6. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SDP. Page 11 of 18 June 27, 2011 ii. Access to Golden Gate Blvd via 1 st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of I" Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first building certificate of occupancy. 2. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy -five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty -five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re- planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.14 of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. C. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. Page 12 of 18 June 27, 2011 2. Landscape buffers adjacent to external rights -of -way shall be: • 1" /3rd Streets — Minimum 30' wide enhanced buffer (Exhibit E.C.Ia and Exhibit E.C.Ib) • Wilson Boulevard — Minimum 25' wide enhanced buffer (Exhibit E.C.Ic) • Golden Gate Boulevard — Minimum 50' wide enhanced buffer (Exhibit E.C.1d) 3. The seventy -five foot wide vegetative preserve /buffer identified and located along the northern property boundary shall retain existing native vegetation. Where little or no native vegetation exists, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata. Plant materials must be native species similar to those presently existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to plant a hedge consisting of native vegetation immediately adjacent to the preserve /landscape buffer area for a length of approximately 450' west from 1st Street N.W. The hedge shall consist of native plant species and at time of planting the vegetation must be a minimum of 910 shrubs (10 gallon container), 4' on center, and 60" in height. The hedge shall be maintained at a minimum height of 72 ". The hedge shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. D. ENVIRONMENTAL 1. A minimum of 15% of the on -site native vegetation must be retained. 28.09± acres of native vegetation exists requiring preservation of 4.21± acres of native vegetation. See calculation below. (40.62± acres (total site) - 12.53± acres (7.54 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.09± acres (native vegetation) x 15% = 4.21± acres (required preserve). 2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. Page 13 of 18 June 27, 2011 Plan View ICU' 1st Street NW Section View P/L 30' 14' ht. oak tree 6` -5' ' ht hedge- -5 30' Buffer View from 1st Street " - 4 - " - - - \a-. 4t� Exhibit E.C.Ia - 1st Street NW Landscape Buffer rf (IJI'ady, 411m, 14' ht. oak tree - — 1st Street NW 20' O.C. E LIJ E 41-5' ht. - — > hedge 30' Buffer 60' 12/W k 301 BuffeL4- ICU' 1st Street NW Section View P/L 30' 14' ht. oak tree 6` -5' ' ht hedge- -5 30' Buffer View from 1st Street " - 4 - " - - - \a-. 4t� Exhibit E.C.Ia - 1st Street NW Landscape Buffer rf (IJI'ady, 411m, Plan View 4' lit. viine. Ni.il O 14' lit. ook tree cd 20' ti.c. 61-81 111 liedgi: 20' Wide Enhanced Buffer )A - 14' lit. oak (iw 0'-8, lit Ind"i: Estate Lot 2' lit. berm 20' Wide Enhanced Buffer Section View Elevation View from Estate Lot 135'+/-Length Exhibit E.C.Ie - Tract 106 Landscape Buffer 2U' -3U' lit SaWl P;111115 4, lit. C(Inc. wall Gradyklitior j 777,777777 ro v p > Water Typ. 1 31 ht native shrubs to V ` � Existing fill any voids to create ",; { Pines natural buffer PtL 501 Enhanced Suffer A-1 j� Existing j '�iL, r� •. >� .e �;y aCi ;i Palms . o 1• .i.4 ! ; 50' Enhanced ] 3uffer ,ate Exi ! ' 4 � W , g ater Retention Typ. J3 j ✓v r� Retention Existing Native Vegetation t t Golden Gate Blvd. > retained and j utilized in the buffer theme to the greatest 1 '. °,• $� extent where possible Plan View i Section View 31 ht native shrubs to Existing fill any voids to create Pines, oaks and ,R-i natural buffer native palms y! Y 'P f' to remain where ,)1rttV possible `i j -AJj 14' Oak Tree , }�. �}� Existing "gz �i 30' o.c. min b Palms (clustered) f' Proposed plantings Yi+dt to mimic native 1' Pine Tree Groups v -\ vegetation . cam, ``30 o.c (clustered) + PPP r ^ ry .-, '� :..:.8r:��x�. "*',"mss '� ti*-,1 i' � ,:G'ir l:a,. , J-�• View From Golden Gate Blvd. Exhibit E.C.1d - Golden Gate Boulevard Landscape Buffer C�r�ldtiiliil�or Plan View > CD eD 2S' Buffer ?/ 3' ht. hedge 10: oal, tree 30 e. Wilson Blvd 25' Buffer 10' oak 30, o.c. ev", 3' ht. t 49— Q hedge "Di Wilson Blvd Section View View from Wilson Boulevard Gt,advMinoi, Exhibit E.C.1c - Wilson Boulevard Landscape Buffer Chil M 4' ht. cone. Wall-4- 14' ht. oak tree 20' o.c. low shrub., 6'-8' ht hedge 301 Buffer P/L 14' lit. oak tree—' 6'-8' lit hedge-- low slirub.s__j 3' lit. berm 30' Buffer 201-301 lit Sabal Palms –12' lit. pines –4 ' lit, C.11C. Ivall View from 3rd Street . Grady Minor Exhibit E.C.1b - 3rd Street NW Landscape Buffer . Cnf� I, -- 3rd Street NW pine tree groups 20, O.C. Section View palm groups 20' O.C. P/L 14' lit. oak tree—' 6'-8' lit hedge-- low slirub.s__j 3' lit. berm 30' Buffer 201-301 lit Sabal Palms –12' lit. pines –4 ' lit, C.11C. Ivall View from 3rd Street . Grady Minor Exhibit E.C.1b - 3rd Street NW Landscape Buffer . Cnf� I, -- BonhamGail From: AshtonHeidi Sent: Thursday, July 21, 2011 10:34 AM To: BonhamGail Subject: FW: Commitment #2 language revision 2. The County will allow construction of a full median opening at the project entrance between 1st and 3rd, after approval of a right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction /installation costs of a traffic signal. The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. thuder Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by teleptione, or in writing, y� qa CC 7/21%1/ �v,ck C�sci JahGjulcla 01b From: cpawelak @aol.com Sent: Wednesday, May 11, 201111:05 AM To: DeselemKay Subject: Golden Gate Estates Shopping Center Dear Ms. DeSelem: ?4470 P V1t)17 We were present at the meeting held last Thursday, May 5, hosted by the developer's attorney, Richard Yovanovitch where we learned new information that is very disturbing. He stated that the shopping center may have a fast -food restaurant, an indoor restaurant that will have a full service bar and seating outside where patrons may take their alcoholic beverages, and a 24 -hour convenience store /gas station. First, we currently have a gas station/convenience store at the northeast corner of Wilson and Golden Gate Blvd. We live two blocks away from it on Third Street NW. Several years ago, the gas station had an operational intercom system, and we were subjected to hearing the transactions between the cashier and customer. We pointed this out to Mr. Yovanovitch emphasizing that sound carries here. We do not think he grasped the seriousness of the situation in that his solution was that tree plantings will provide a buffer. That does not work here -- we hear cars tearing in and out of the gas station/convenience store. Second, if a fast -food drive -thru goes in, we will have to endure the sound of orders being placed throughout the day, not to mention the food odors and emissions from cars. The intercom system will be disturbing and relentless. Third, regarding outdoor restaurant seating, last year the Board of Commissioners had to reverse a extremely disturbing situation at the PebbleBrook shopping center on 951 and Immokalee Roads that involved a restaurant/bar where patrons were allowed to drink alcohol outside. Residents living behind the restaurant recorded the loud music, vulgar language and rowdiness that was a daily and nightly occurrence and presented the evidence to the Board, whose members were clearly surprised and caught off guard. The language of the patrons was appalling and loud, and the music was deafening. Thankfully, that part of the restaurant's operation was shut down. At another meeting, Mr. Casalanguida from the County Transportation Department pointed out that the Wilson/Golden Gate Blvd. intersection is going to be widened to several lanes and that access to make a left turn off of 1 st and 3rd Streets on to Golden Gate Blvd. to go to Wilson will be blocked. It will be necessary for residents to turn right and go to 5th Street and make a u -turn. This is going to create such a traffic jam as people returning home from work go to and from the shopping center. 4 The relatively new shopping center at the corner of Wilson and Golden Gate Blvd., appears to barely succeed. Most of the spaces are vacant, and some that were occupied were quickly vacated. Mr. Yovanovich stated at many community meetings that a major supermarket #vill`be41w aneh of this pro�eet. That would appear to be SweetBay or Publix,- both bf which have f icilities Aeirrb�. We shop at the new Publix on 951 and Pine Ridge as well as the SweetBay on 951 and Vanderbilt Beach Road and often find that they are doing very little business. We doubt that they would diminish their sales even further by building in such close proximity. Another case in point is the development of strip malls surrounding the Walmart on 951 near Davis. Those facilities are sitting vacant and probably will for a very long time. This development will require a major water /sewage plant, which could affect our systems. The developer and team will not have to concern themselves with a package sewer plant close to their homes, a noisy fast -food restaurant, patrons drinking and carrying on outside a restaurant, cars tearing in and out of a 24 -hour convenience store, parking lot lighting, the effects on our well water delivery, not to mention the traffic inconvenience and noise. Another concern of great importance is that the developer, in order to cut his losses, may sell to another developer who will rent to retailers who are far different from what he proposed and may not make good neighbors. The developer spent $12 million for this property that, in this economy, is now nowhere near that value. If he is to have his way, we will suffer the consequences of his self - interest to protect and recover his investment, and he will move on to other projects to regenerate even more. The developer, under the guise of altruism, is attempting to impose a negative change in our lifestyle that we never asked for and do not deserve. My statement concerning altruism is based on statements made at meetings conducted by the developer's representatives after the purchase of the properties in which it was said that, "the developer felt that a shopping center was needed and would serve us well." Those of us who live on 1St and 3rd are being sacrificed for the sake of convenience for residents living primarily east of Wilson. On pages 67, 70, and 71 of the Board of County Commissioners' meeting dated 3/22/11, Michele Mosca with the Comprehensive Planning Staff states that the 1.25 supply to demand ratio is exceeded. On page 70, Ms. Mosca states that the staff recommends a neighborhood commercial center rather than a community -size commercial center. We have no objection to a center going in on the 5 acres already designated commercial, but this 40 -acre behemoth of a site is inappropriate. Most of the residents living in this area work in town and stop at shopping facilities on their way home. As residents who chose to live in the Estates for its rural nature, we e are reaching out to you to for help in preserving it. We coexist with wildlife and farm animals, and we are comfortable with that. The destruction of wooded habitat for the purpose of building, yet, another super -size mall, is shameful. Sincerely, Gene and Carolyn Pawelak 231 Third St. NW DeselemKa From: cpawelak @aol.com Sent: Friday, July 08, 2011 1:58 PM ro: DeselemKay; StrainMark Subject: PUDZ- PL2009 -1017 - Estates Shopping Center - Written testimony for inclusion of packets for July 21, 2011 meeting July 8, 2011 Attention Kay Deselem Collier County Growth Management Division Planning & Regulation Land Development Services In response to your letter dated June 16, 2011 regarding the Planning Commission meeting to be held on July 21, 2011, we respectfully request that you include the following testimony in the CCPC agenda packets for that meeting: We are residents of Collier County who live at 231 Third St. NW in Golden Gate Estates. Like many residents, we chose to live in the Estates for its rural nature. We coexist with wildlife and farm animals, and we are comfortable with that. If Mr. Crown, thedeveloper who is petitioning to have the 40 -acre property on Golden Gate Blvd. rezoned for a shopping center has his way, our way of life is going to be changed in a very negative way. We became aware of this issue at a public civic meeting a couple of years ago, where a neighbor, gave a presentation on this subject in which he stated reasons why the project was unacceptable. He informed us that he and another neighbor were forming a group to protest this project. We signed on and the group became known as the, "1St /3`d St. Group." We and members of the group attended meetings hosted by the developer's attorney, Richard Yavonovich, where many questions were asked and feelings of disapproval were expressed. A web site for the group was developed. After a few developer- sponsored meetings, we noted that the organizers of the group were conspicuously absent. In May or June of 2010, after a plea from Mr. Yavonovich for a referendum, Commissioner Coletta acquiesced, motioning that a referendum be placed on the November ballot to determine the desires of the community. He stated that the 1St /3`d Group was no longer in opposition, which was a disturbing revelation to us. It appeared that this disclosure was the catalyst for his action. We did not withdraw our opposition, but apparently the two organizers did without informing us. We are curious as to how Commissioner Coletta knew. We suspected that the organizers were in private talks with Mr. Yavonovich after which the website disappeared, as well as the neighbor organizers. Another neighbor encountered one of them recently only to hear his praises for a project that he had once vehemently opposed. We are highly suspicious of their change in attitude and their abandonment of an issue about which they were so passionate. We feel betrayed! We are opposed to this rezoning change for numerous reasons. First, we maintain septic tanks and wells. This development will require a major water /sewage plant, which could affect our systems. The developer and team will not have to concern themselves with a package sewer plant close to their homes, or possibly a noisy car wash, a fast food restaurant with its drive -thru order taking system, outdoor dining and drinking (alcohol), 24 -hour convenience store, blinding parking lot lighting, or the effects on our well water delivery, not to mention the traffic inconvenience and noise. With rega the convenience store, we currently have a gas station/convenience store at the northeast corner of Wilson anWolden Gate Blvd., which is two blocks away from our home. Several years ago, their gas station had an operational intercom system, and we were subjected to hearing the transactions between the cashier and customer. At a meeting hosted by the developer's attorney, Richard Yavonovich, held on May 5, 2011, we pointed this out to him emphasizing that sound carries here. We do not think he grasped the , seriousness of the situation in that his solution was that tree plantings will provide a buffer. 'fiat does not work here. From time to time, we hear cars tearing in and out of the gas, station/convenience store and there are thousands of trees between us. A fast -food drive -thru would subject us to the relentless broadcasting of orders throughout the day, not to mention the food odors and emissions from cars. Then, there is the problem of a restaurant that provides outdoor dining that includes alcohol. Last year, the Board of Commissioners had to reverse an extremely disturbing situation at the PebbleBrook shopping center on 951 and Immokalee Roads that involved a restaurant/bar where patrons were allowed to drink alcohol outside. Residents living behind the restaurant recorded the loud music, vulgar language and rowdiness that was a daily and nightly occurrence and presented the evidence to the Board, whose members were clearly surprised and caught off guard. The language of the patrons was appalling and loud, and the music was deafening. Thankfully, that part of the restaurant's operation was shut down. On a related subject, if you want to have an idea of what we could be up against if the outdoor dining is allowed at the Estates Shopping Center, then you need to speak to the neighbors of Wilson Plaza (SE corner of Wilson and Goldengate Blvd). A bar and grill (mostly bar) recently opened there. They had two events involving outdoor music, dining and drinking and stayed open until 2 a.m. In between people drank outside at picnic tables, made loud noise, revved motorcycles and stayed until 2 a.m. They raced motorcycles up and down Wilson Blvd South and used one residence to make a u -turn calling out "GET OVER IT" because this neighbor complained about the noise. They were visited by the Sheriffs Department, Code Enforcement, the owners of the Plaza and ATF but continue to violate the restrictions for that shopping center. The neighbor feels the need to build a fence to the entrance of his property because of these people. The deputy said he couldn't do anything because he has nothing in writing. The neighbor has to go to Code Enforcement and the Sheriffs department to relay his concerns. He will probably no do so for fear of a backlash. Another concern is that if this property is rezoned for commercial purposes, it will open the floodgates for further development along Golden Gate Blvd. turning it into another Pine Ridge. In addition, at another developer /community meeting, Mr. Casalanguida from the County Transportation Department pointed out that the Wilson/Golden Gate Blvd. intersection is going to be widened to several lanes and that access to make a left turn off of 1St and 3`d Streets on to Golden Gate Blvd. to go to Wilson will be blocked. It will be necessary for residents to turn right and go to 5th Street and make a u -turn. This is going to create such a traffic jam as people returning home from work go to and from the shopping center. Wilson Plaza at the corner of Wilson and Golden Gate Blvd. is barely succeeding. Most of the spaces are vacant, and some that were occupied were quickly vacated. Mr. Yavonovich has stated at all of his meetings that a major supermarket is to be the anchor of this project. That would appear to be SweetBay or Publix, both of which have facilities nearby. The new Publix on 951 and Pine Ridge as well as the SweetBay on 951 and Vanderbilt Beach Road don't appear to have much business, and in that case, we doubt that they would diminish their sales even further by building in such close proximity to their existing stores. Another case in point is the development of strip malls surrounding the Walmart on 951 near Davis. Those facilities are sitting vacant and probably will for a very long time. Mr. Yavonovich also stated that if the development is unable to secure a major supermarket then the project will not go through. What then? Will Mr. Crown, the developer, in order to cut his losses, sell to another developer who will rent to retailers who are far different from what he proposed? Once this property is rezoned commercial, there is no looking back, and if the property is purchased from Mr. Crown by another developer, that person will not be required to abide by the promises that Mr. Crown made. He has invested $12 million into this project that, in this economy, is now nowhere near that value. If he is to have his way, we will suffer the consequences of his self - interest to protect and recover his investment, and he will move on to other projects �o regenerate even more development. Under the guise of altruism, he is attempting to impose a negative change in our lifestyle that we never asked for and do not deserve. The statement concerning altruism is based on statements made at meetings conducted by his representatives where it was said that, "the developer felt that a shopping center was needed and would serve us well." We wish that he had asked us before he purchased the land. In the Golden Gate Master Plan, two sites are zoned and approved by the Board of Commissioners for commercial development in the Randall and Immokalee area, which is three miles from the current proposed project. However, the developer has declined to build and may not do so for some time because of the economy. According to a County Commissioner, thirty percent of the homes in Collier County are vacant. On pages 67, 70, and 71 of the Board of County Commissioners' meeting dated 3/22/11, Michele Mosca with the Comprehensive Planning Staff states that the 1.25 supply to demand ratio is exceeded. On page 70, Ms. Mosca states that the staff recommends a neighborhood commercial center rather than a community -size commercial center. We have no objection to a center going in on the 5 acres already designated commercial, but this 40 -acre behemoth of a site is inappropriate. The Master Plan provides five commercial acres at EACH of the four corners at Wilson and Golden Gate Blvd, which would be more than adequate to support a shopping center. There is no reason why this proposed shopping center can't comply with the Master Plan that would allow for one -third the size and fit into the five allotted acres. While a referendum in favor of this project passed, we feel it was voted in by residents who live further east of Wilson. Those of us living on 1St and 3`d streets are to be sacrificed for the sake of their convenience. We knew that living here would mean that we would have to drive at least 8 miles to shop, and, consequently, we make a point of consolidating our stops. There are many people, other than the residents of 1St and 3`d streets who are opposed to the rezoning. We and they understand the importance of destruction of wooded habitat particularly for the purpose of building a behemoth strip mall. It is shameful. It would be a blight on our rural neighborhood. We have something special here, and we want to preserve that. We implore you to reject this request for rezoning. Respectfully, Carolyn and Eugene Pawelak 231 Third St. NW Naples, FL 34120 U4, a4ed VU, R, T. guad" 3175 Ie Awaw S. 5. i July 14, 2011 Collier County Planning Commission 3301 East Tamiami Trail Naples, Florida 34112 239 - 252 -8097 RE: PUDZ- PL2009 -1017, Estates Shopping Center CPUD Companion item CPa008 -1 Dear Mr. Strain: I would like for you to read my letter aloud at the July 21s` 2011 planning commission meeting, regarding the above. We are elderly and my husband is ill and we cannot attend this meeting. When we initially moved to the Estates (eleven years ago), we were opposed to any more growth in the Estates. But time (and our ages) have changed our minds. Before moving here, we lived in G. G. city for thirty years, so we have really seen some changes. We believe that this center at the corner of Wilson and Golden Gate Blvd. will truly be an asset and convenience for the Estates area. Sincerely, Kay Brandon Juan Sanchez 91 3rd Street N.W. Naples, Fl. 34120-4013 Mr. Mark Strain, Chairman Collier County Planning Commission 3301 East Tamiami Trail Naples, Florida 341 12 239 -252 -8097 RE: PUDZ -PL 2009- 1017 (CP- 2008 -1) Estates shopping center Dear Mr. Mark Strain, Chairman, 1 live on the NW corner of Third street N. W. and Golden Gate Blvd. W. directly across third from where the Estates Shopping Center is being proposed to be built. 1 would like to let you that I am in favor of this shopping center. It will cut down on drive time and gas cost, not only for me, but for my friends and neighbors and allow us to have services, we have wanted for so long in the Golden Gate Estates area. Please vote in favor of the Estates Shopping Center. Thank You e,/,,Juan Sanchez S,- POD (PLEASE PRINT MEETING DATE AGENDA ITEM TITLE NAME Representing/ Petitioner: CLEARLY) Agenda Item (Circle Meeting Type) ADDRESS L Regular i A m# Pot) z—Z��ol7 -ado 7 Special Workshop Budget 6� T 1(") `/ �"`_ J k-1 Other: C �( Lo COLLIER COUNTY ORDINANCE NO. 2603-t3, 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 # (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE C P �cfU S -- I SCI &PPr.14 ('4 -. - 4'4 NAME I "f - %J'I gTS6w Representing/ Petitioner: ADDRESS 6 l0 iU «'1yI 5T . A) 1,iJ 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 # v z -, - i7 C �oo - MEETING DATE _ (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE �S i� o .� G t%r NAME �/-�e� ���`„� ADDRESS 730 JS�St Al. W. Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, A 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 # MEETING DATE �(>L�`2i ZOO (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE ��STf17 cs Sfla��lN6 CENt�/2 c POP NAME GuGGNC =AWE :L-hX- ADDRESS ZP 34v✓�/V•GV "� IV,R��cSfZ. 34A �0 Representing/ Petitioner: Other: COLLIER COUNTY ORD�iNANCE 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 [Af-9 _,;p V� (PLEASE PRINT CLEARLY) Agenda Item # Po 1 z p2j Lev 7P MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE )N6, Q IV'Tr C P ;?005—/ NAME := eOKI A r? 9 /It 4 OT G-0 M goev ADDRESS S' 7e) 3 OP +D S' T S k-.00 Representing/ Petitioner: , 0 I&W " 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 p 1 L:3cml P d� G� lu L & (PLEASE PRINT CLEARLY) Agenda Item # Cp MEETING DATE J U:� oif ! (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE 200 1 -1 OF- f-14o Pf f AjG Ji NAME JUDY MQN7GDKERY ADDRESS 570 �s'" �, NAP�.e:S El 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 AGENDA ITEM TITLE L: NAME Representing/ Petitioner:. Agenda Item Circle Meeting Type) Regular SS Other: # Special Workshop Budget 3 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 __T1/ O _7 AGENDA ITEM TITLE psi f4i ew Agenda Item # 1 / z vet (Circle Meeting Type) Regular Special Workshop Budget NAME ti� /� ADDRESS /1/ 6ou - vo / 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 # <fP ,� aot - / MEETING DATE 7/. (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE 3 OP P) N C Q FEU T;.7_e NAME iE OWAQD M 0V7(s 0 Oe k , y ADDRESS SOU s ?IeL) P 200 % -/ Representing/ Petitioner: �,/-� f /t/ r e 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 g a Item MEETING D ATE J (� �. ! j AGENDA ITEM TITLE ? D�l�flPj (Circle Meeting Type) Regular Special Workshop Budget RF' ' �f°� N'G NAME'► ,•�d,j� ADDRESS ,._5 Representing/ Petitioner: � �� -L Other: 2004 -05 AND 4, REQUIRES THAT ALL LOBBYISTS COLLIER COUNTY ORDINANCE N0. 2003 -53, AS AMENDED BY ORDINANCE SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT L IMITED COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MI T TO0, ADDRESSING THE BOARD OF COUNTY , YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU C NUTES AND RECORDS DEPARTMENT. 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 # - - MEETING DATE 11 (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE SZ pilm . At, h, — = NAME C Per ef l f Iq ADDRESS �y -�- Representing /Petitioner: Other:-_ - e Other. ALA, S e 7 COLLIER COUNTY ORDINANCE NO. 2 3 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -2�}, REQUIRES AT ALL LO 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 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 _ `% --'� /— �/ (Circle Meeting Type) AGENDA ITEM TITLE Regular # � 1l % Special Workshop Budget NAME _ j %1 `G! ,j ADDRESS — i � � l 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 X (PLEASE PRINT CLEARLY) MEETING DATE I `0� (— Agenda Item (Circle M eting,Type) Regular # Po-D-z---�(qoq---017 C P -a Y-1 Special --Workshop Budget AGENDA ITEM TITLE NAME /` L ADD ESS �o Representing/ Petitioner: Other: vile gle� COLLIER COUNTY ORDINANCE NO. 2003 -53, A MENDED 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 # dbz o - MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE — NAME /6V v > ADDRESS )-j© I L� N4. lU E- Representing /Petitioner: Other: A) COLLIER COUNTY ORDINANCE NO. 200"Y-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 S TAT" Agenda Item # Cp -t�6o -1 (Circle Meeting Type) Regular Special Workshop Budget ✓' - _ v Ir` NAME _ �a�� �`�AJ� ADDRESS w � S O �qo Representing / Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, A 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 i ' -rW--- Agenda Item m # oo oo- (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE�� NAME _� I An4&@ ADDRESS ��� �� `L� Representing/ Petitioner: Other:P ,,,,, Lj /2, e J v -� COLLIER COUNTY ORDINANCE N0. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007-2-4, `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 # MEETING DATE r7' �� _ /� (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE S /� -7_2!1 �,, n Q pi iUtp c c hl 1 Y^ W e- c.J U r� NAME M15 /! C of M1C_/' ADDRESS Ill F!r'-t'ST 14-' Representing/ Petitioner: sc. L4- Other: I TJ �4 o-, we 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 MEETING DATE 7 1,9 -..1 1 i k (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE"` NAME t . t Y\o�-.A '^t"' ADDRESS c'Z • I rg_A '_.'S �� S11 Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THATALL 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 # /� y /' � (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE � .- 0 0 NAME ��-r SS t r L-tj ADDRESS 1`6"1 Representing/ Petitioner: _ /'t(1 Other: av� 4,�a✓ fit'.. 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,/-,-/ A011) Agenda Item # A e n 9 (Circle Meeting Type) Regular Speci I Workshop Budget yo1r� ADDRESS Representin et' loner: Other: 4, REQUIRES THAT ALL LOBYISTS COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY NORDINA BUT NOT LIMITED 07 -2 ADDRESSING THE BOARD OB COUNTY SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (I C 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 # �. mA ooh c40—Zoog- MEETING DATE - 1-21- 2- p// I (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE C5S -�/' ,, ll j A n r4�r / N Q P ilJ l� r � �N F ✓ p/ 1 NAME 6cLL / ADDRESS Representing/ Petitioner: S L. r ,,� % l/� /�Opther: o COLLIER COUNTY ORDINANCE N0. 2003 -53, AS AMENDED BY ORDINANCE 2`004-'0'5R1Cf 2007-24, V �e�j SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES INCLUD D REQIfHAT AFL LOBBYISTS COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES ND, RECORDS DEPARTMENT. BOARD OF COUNTY 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 L' —AL %. AGENDA ITEM TITLE ,E,5 4 4 Agenda Item # Z_jp , 20 g c P,- 20'ga — / (Circle Meeting Type Regular Special 'kvorkshop Budget NAME ADDRESS Representing/ Petitioner: Lf 1LgC2PjT T. Other: -" - S `a ' COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 007-24, R k---) w Q� SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO REQUIRES THAT ALL LOB�YISTS COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS ADDRESSING THE BOARD OF COUNTY DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY T PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRI HE CHAIR OR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY Agenda Item # _ -40/7 MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE Gs ?�sT,� _ , ? _ N NAME AA) 41AWCteir ADDRESS Representing/ Petitioner: �� �S Other: ((QQ COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24,'I�EQUIRES THA � ALL L B "/1 SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSIN L LOBBYI COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. OF COUNTY 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 # ',Do MEETING DATE / — (Circle Meeting Regular Sec' r w�J l 9 ype ) Re 9 p ial orksho r Budget AGENDA ITEM TITLE (: , S ,-_ l) f- 114V Ok NAME y����1� ADDRESS ��CC� / �j Representing/ Petitioner:. Other: COLLIER COUNTY ORDINANCE N0, 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -' ' EQ I ES THAT %ALL. L�B�YISTS 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 # qrD z .jl� q 9 MEETING DATE _ 17 _ (Circle Meeting Type) Regular AGENDA ITEM TITLE �t .�// fC r.. NAME ADDRESS �0.3 Representing/ Petitioner: S cL- F Special . Workshop Budget Other: As A 0 , fA 14-C- le t 1 A / COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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 MEETING DATE (Circle Meeting Type) Regular Special Worksho p Budget et AGENDA ITEM TITLE --T NAME LL P �`� ADDRESS J , �� Wt.- ---c �/� F �r 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 # -logy? " : ? —f MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE r- �srA�� - Q�JMA CP ^ — ° .�) to no f NAME P4kf(V 60 Representing/ Petitioner: P, C ADDRESS Other: - ` • - ".`�(- / r'R 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 3) / Representing/ Petitioner: 023���� (Circle Meeting Type) Regular Special Workshop Budget ADDRESS Other f 21 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 Item # MEETING DATE ( rj Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME _Z0,to ADDRESS 14 0 L1%__ —/ V Representing / Petitioner: 9;4= Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, A5AMENDED 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 MEETING DATE ' I CLEARLY) Agenda Item # D C P vr-/ f .� (Circle ,Meeting Type) Regular Special AGENDA ITEM TITLE n . NAME c r f e,+^ 1A ADDRESS C . Workshop Budget 7-1 It Representing/ Petitioner: — — Oth�e Q ` i U4 s- 1 e 6'e 0 " COLLIER COUNTY ORDINANCE NO. 20'r3-53, 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 # PaA� - MEETING DATE -- (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME �,� //V �/C / ADDRESS �S ffi 1 b- S r / Representing/ Petitioner:. - Other: COLLIER COUNTY ORDINANCE NO. 2003- , 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 # MEETING DATE /r? `� (Circle Meeting T _ g- --ype) Regular Special Wo kshop Budget AGENDA ITEM TITLE �S /A4 /P Inn M/ ,c CD Co IJ„ %,. c' �„ .� NAME Representing/ Petitioner: C--- ADDRESS Other: COLLIER COUNTY ORDINANCE NO. 2003- 53�MENDED 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 Sl1R7FrT RFTNr_ uC:nor% (PLEASE PRINT CLEARLY) Agenda Item # EvnZ- 2- /7 MEETING DATE `J- 2/ -//� (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE iPl-e -s se- Fog cp teA NAME _ o- CA I fj ADDRESS _x_8,30 2 9 ve . s. 6. Representing /Petitioner: 2* Ts Ly Other: i1/8j x &.' " 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 I —A/ l AGENDA ITEM TITLE Agenda Item # )z (Circle Meeting Type) Regular Special Worksho Budget NAME 6_n) �J ADDRESS Representing/ Petitioner: `i� r'► % ��= Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRE 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 tr- L-G alt PK1NT CLEARLY) MEETING DATE AGENDA ITEM TITLE Agenda Item # 6 I FL) (3 ` � >oz z�Q .� (Circle Meeting Type) Regular Special Workshop Budget 10 l7 NAME IZI�� �� - -,,,�ADDRESS Representing/ Petitioner: W 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 -� ' /- i r AGENDA ITEM TITLE OL NAME rf 4' t. 2 LA 4—A Representing/ Petitioner: Agenda Item # C P- Z00c -R- I (Circle Meeting Type) Regular ADDRESS 7 " n I Other: Special Workshop Budget 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 DEPARTM O T. OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK T O THE BOARD AT THE BOARD MINUTES AND RECORDS 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 ## MEETING DATE 14 ICI 00 (90)1 (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME ` u z �',lnarie.--�+tyr 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 ) A - Benda Item # � �- � -- /' n rl 7 MEETING DATE �" / ,/ - 00 (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME _,,,1 e— A U v ' 19-Q. ADDRESS 'l 0 a t?-Tj Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE N0. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBB ISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OFYC COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, OUNTY 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 aw, i, ravo..,, GC eke am sgeeA Liv)S 4r &v� evec ) &J -esa --+ dc-)W"\ ��M C 0 -wo e er tn- 6A mq SeW ct,� CtA C.GVJY-,. 951 � Golden 66 IAYI (�a�e We l) CA-S jq q �favr,) 63G4 e 't)� V� ct, \Cj 01 +) Z� ta: o 4lerds � a,-, We O O'5 Q r � e ms , •e- Ci -#' ���1 t7re _ M0 V V' 4 l�'U1�K.� PP- � r �,.,�"t �� Ici�c� . ©cis iEJ eU� tj� S%O L� C ►r. � � V40 s, of CG8 rx'- YY1 L� r c� Vh-e ►�' d v\ v e t ,• h, -eY� V t- DUB J� UGc ee�. (a_s s -e7orCVcC��G(7�� yl L( C S �S July 21, 2011 CU.- PL2010 -166 (CCPC) June 16, 2011 Yahl Mulching & Recycling, Inc. Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 1, 2011, and furnish the Affidavit of Publication, in Triplicate, to the Board Minutes and Records Department. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500096189 Account Number: 068779 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, July 21, 2011 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) 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 respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, July 21, 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 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. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman D Q w 3 2 GOLDEN GATE ESTATES GOLDEN GATE ESTATES m UNIT 14 UNIT 49 5 4 Z GOLDEN GATE ESTATES GOLDEN GATE ESTATES 0 UNIT 10 UNIT 11 PROJECT LOCATION GOLDEN GATE BOULEVARD WILSON BLVD. CENTER SNOWY EGRET PLAZA 8 w J GOLDEN GATE ESTATES 9 10 UNIT 9 GOLDEN GATE ESTATES m UNIT 12 Z GOLDEN GATE ESTATES 11 O UNIT 13 GOLDEN GATE ESTATES UNIT 48 17 16 GOLDEN GATE ESTATES WARREN BROTHERS 15 14 UNIT 193 Acct #068779 June 17, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: CU- PL2010 -166: Legal Advertisement w/MAP Dear Legals: Please advertise the above referenced notice (w /map) Friday, July 1, 2011 and kindly send the Affidavit of Publication, in triplicate to this Office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P90* #4500096189 Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 17, 2011 9:19 AM To: Naples Daily News Legals Subject: CU- PL2010 -166, Yahl Mulching & Recycling, Inc. (w /map) Attachments: CU- PL2010 -166 Yahl Mulching & Recycling Inc. (7- 21- 11).doc; CU- PL2010 -166 Yahl Mulching & Recycling, Inc. (7- 21- 11).doc; CU- PL2010 -166 Yahling Mulching & Recycling, Inc.(7- 21- 11).pdf Legals, Please advertise the following attached ad on Friday, July 1, 2011, (Display Ad Map). Send an ok wh:,n you receive. Thanks, Martha Ve$ J' Minutes airs Clerk of .k . and Value, . Office:w . . Fax: (2 3 E-mail: m<< c-,.�erciarzi(@coiliercierk.com Martha S. Vergara From: Legals NDN [legals @naplesnews.com] Sent: Friday, June 17, 2011 9:50 AM To: Martha S. Vergara Subject: RE: CU- PL2010 -166, Yahl Mulching & Recycling, Inc. (w /map) 10119, Emery /.egaC 1�ept Wapres _ y e s 1100 Immcl -', aiee Road Naples, FL 110 Direct Line: ' 39-213-6061 Fax Line: 2:` 263 -4703 Send notices -o: legals naplesnews.com From: Martha S. Vergara [mai Ito: Martha .Vergara(a)colIierclerk.com] Sent: Friday, June 17, 2011 9:19 AM To: Legals NDN Subject: CU- PL2010 -166, Yahl Mulching & Recycling, Inc. (w /map) Legals, Please advertise the following attached ad on Friday, July 1, 2011, (Display Ad Map). Send an ok when you receive. Thanks, Martha Vey :° Minutes are _'re 1,e,,A. Clerk of tht, tti Cu Ti=t and Value t, w t Btoard Office: (2 31 ,.w zM Fax: (23� -: 4 , E -mail: mart. -,ta.verciara@colliercierk.com 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, July 21, 2011 in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolu- tion of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to al- low a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 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, July 21, 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 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 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 32 - -- y - - - -- „ PROJECT LOCATION \' -- Ensi I Nl.ZA �� vAF INYER3TAlp.�S M41S:.�TOq KIEV [S.µ E13 r nu.L. � 6 5 t is 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, July 21, 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 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 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 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarney, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 1, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicatioq in the ewspaper. ( Signature of affiant) Sworn to and subscribed before me This 6th day of July, 2011 (Signature of notary public) "A' KAROL E KANGAS Notary Public - State of Florida �. °r My Comm. Expires Jul 29, 2013 Commission # DD 912237 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, July 21,� 2011 in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolu- tion of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to al- . low a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 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, July 21, 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 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 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 No. 231182559 July 1. 2011 PROJECT... LOCATION 3s ,: win. g ?4 ism • 4�I� 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, July 21, 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 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 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 No. 231182559 July 1. 2011 Co*e,r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: JULY 21, 2011 SUBJECT: CU- PL2010 -166, YAHL MULCHING AND RECYCLING PROPERTY OWNER/AGENT: Property Owner: Fillmore LLC 2250 Washburn Avenue Naples, FL 34117 REQUESTED ACTION: Agent: Gina R. Green, P.E. Gina R. Green, P.A. 3310 1 st Avenue NW Naples, FL 34120 AGENDAI oqc To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use for a collection and transfer site for resource recovery within a Rural Agricultural (A) zoning district as provided for in Subsection 2.03.01 A.l.c.12 of the Collier County Land Development Code. GEOGRAPHIC LOCATION: The subject 28.7 ± acre site is located at 2250 Washburn Avenue and is located south and east of Washburn Avenue, east of the Naples Landfill and north of I -75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (Seethe location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to obtain a Conditional Use approval to allow a Collection and Transfer Site for Resource Recovery Facility (for Construction and Demolition Recycling (C &D), which is located in the Rural Agricultural zoning district. The subject 28.7± acre site has an existing mulching and recycling facility. In 2010 there was an approved GMP (Growth Management Plan) amendment for a C &D land use on this site, GMP Amendment CP- 2008 -4. The site has had a Provisional Use for excavation since 1991, resolution number 91 -747. The site has also has three subsequent Conditional Uses related to mulching and recycling uses. (Please see Attachment A: Previous Resolutions): CU- PL2010 -166, YAHL MULCHING Page 1 of 13 7 -5 -11 n Q Z Z O N 5Q Z O F- U O J 0 0 N J a D U Z O H I— w CL "s � o U Z .- IS z Q m � 3r aSe •' n n ^ �ssxo n awn3vioe vamm ass bn >� mrvreewe aamoo ^� n Q Z Z O N 5Q Z O F- U O J 0 0 N J a D U Z O H I— w CL :A N o 0 ar J i I zi GELLIILM nNRR � iZ NYW A C :;X°raDMW) _ A- ZONING �+ CELLULAR TOH£R 7NENG -PROPERTY LINE Owio er A,F rNnAaeLi) ® UARE I�O °0000 To0000 000000 "A -m NEW WORK`. C ROLLOFF STORAGE AREA PROP. GRAVEL S RAGE AREA FILLMORE, LLC 2250 WASHBURN AVENUE NAPLES, FLORIDA 34117 (239) 352.7885 ^ a9T. ®MIXED USE BETWEEN 0 o CONSTRUCTION & =QEVOLITION RF,&CLING & o HORTICULTURAL , CYCLING AREA BASED 0 ONE DEMAND b Q Q PXIa,FFNA!AE 3WALE ^° E%ISTINO DIRT ROAD '® (TO BE PAVED) � s �® I o _ CONS T CTION & WASHBURN g"T „l,";ci WA NAA 60' ASEMENT cLMnx un2'Gr ao'n�NALi AWD A- 1 5/F HOME .•. r ,eg ,® P,x �,gea arvo r9AVm SITE SUMMARY -. oe`�DAn;w ROLL -OFF STORAGE AREA DTKRVE NDD °AREA ^ eLawoPma,1X°`MAx ,m A- ZONING WATER MnnnoEME.LAXE,BWAIEB 2a9 AC. toA% ,y, w „ • � �LCXnID OR PFAVIOUe APEA AC. 9M16 trr Xs ^OS G LWDBCAPE APFH9ERM9 a TOTAL ^ g AL L WATER MANAGEMENT PAEA OFFICEOPERATIONAREA-3.14AC. • ® IA tE.9xW iENVMNIAGEM1IENf MEA HORTICULTURAL RECYCLING AREA WA9 BUR0 RO NAiplll -0FWAY® OPERATIONS�a STOR �,AM PPE9ER EAREA �wL E)ilSRNC RECYCLING AREA NOT ttaaACRE9•a.T T rO �'Yrw � �� OPEN ePACE OBE CIEIAED a� ewD n� anc. A% 4yh Cry., FWeEUVeF I,,, roTAL 911E AREA• uiEAG Eo% — ALWETLNID PREeERVE ,,. I naaAC INCLUDEREA9EME 8- gECORD Ai PERIMETER OF aWNEfl9HIP� OF �a�9. m EBMU AT NORTH PROPERTY IINE N 'EI'aY PEAJY �� °,q,�m - - - - - -- ®maf '\1NF IMPitOVEMEM.ViFA �•- •�••�•�•V� J ORTICULTURAL RECYCLING AREAll I RECYCUNAIZEA w 1 + ® PARKING REQUIREMENTS: :�tw °^ w•o^ •CONSERVATION EASEMENT • _ �� --�_� PRESERVE AREA (NEnANO)r ePwNDFO 11.73 ACRES •o . . . . . . . . . • XHMµiu W`�"E�BPACEB PRD"DED•2 ♦ nn • • • • • • + • • vM1 • . + • TORY fTYETR...NT IN OFFICE AREA .. i •.Q•¢ . TOTAL AREA- 7.77ACRES .To oe¢ BUILDINGS: 0.11 ACRES • + • . . 04 P . • • . PARIGNO10MVEL•0.78 ACRES D� .. o . OETENRON AREA 0.44 ACRES STORAGE FROM EL 11.5- TO 13.0' I OA4 AC. X 1. SFI4C.X IR - 28,780 CF AGE PROJECT DATA T�p�� I• n.l _ • "D0d • • • ” " • • • " " " • SITE DATA REQUIRE &ACTUA � e k.> . 1y ZONWR AMPICULNRE����.... ONSER�/ATIDN EASEMENT „ " °NMI F' L 9a a , ° s E A, I- �'+ �' 'P ,eLwDCDi oiARAnon NONE It + '- ,(1. �m " oM1 • • m w • • 4 • • ° u • • • • IWFl lAREA aeon 1198AAM1 Y Od ,XA n ACC. eE18IGNB I N EN — C' D A O•� uUnUT 9LOG9. 8P8 M' • D A " mAn LINE LEGEND • e� °FPNMRwN \\ • L • SILT FENCE RN:9ER6EAREA I.. It"AC O2 • EX IMPROVEMENTS amsAaxorroNDEA® eAAC AAO CENTERUNE OF ROADS, SWALES. ETC SEE SHEET 7 Y: m_L'--mF' HING & RECYCLING LV� SHEET G /NA R. GREEN P.AIONAL USE PLAN "A" 1 3310 1ST AVE. N.W. NAPLES, FLORIDA 34120 ' YAHL MULCH CU OF GINA R. GREEN R., FL.REG.NO. 40808 PHONE (239) 348 -0500 FAX (866) 720 -4823 7."I 2 PROPERTY LINE A— ZONING COUNTY LANDFILL SEE SHEET 6 h" C �.CONSER�/ATION EASEMENT w " y SWALE E%18TW0DIRTROAD . ", "ROBE 'EN SPA PLANO)' 4" MI CAPON AREA FNF CODE O CONST,. DEMOLITION CTION & RECYCLING f - ENFORCEMENT �CPON /♦ 200 202 OB.OIAB m / J SEG NOTE iH15 P ry //� �MC 'Sl 5 a qq§I 5 • • +CLOSED • • - • W 'O° n G u LAKE WET WE ¢ T DETENTION AREA / P u \ wti 1.79 ACRES = ` • . . + • + r . . • • h RECYCLING AREA I \ (PREVIOUSLY CLEARED) . . . " . " . - . . \ � CONSERVATION�'EAS'EMENT "I • , • • • . • • - - - • • . - p • • - • ' ` • + • • • • • PRESERVE . AREA (WETLAND) 11.73 AC. . • • . ( - � - - + . - . - • + . . . - . - . . - 130= RIGHT --OF —WAY RESERVAP& - - - . . . . ... . . - ° - • - - - + - - - - - - - y . • • �. ,� - e, • - -robes- - - - - - - - -°� - ." u �� - • + AP PRg MATE TOP-0FA3AN %,� y a'fi �' �`AB�RO%IMATEINATER'8GE " PRBPERIY LWE • E %IBTIN GIRT ROAD 4 h h A0• 98 Y_°_71NG -76 ROADSIDE LANAI. 0 FILLMORE, LLC 2250 WASHBURN AVENUE NAPLES, FLORIDA 34117 (239) 352 -7888 GINA R. GREEN P.E. FL.REG.NO. 48808 G /NA R. GREEN P.A. 33101 ST AYE. N.W. NAPLES, FLORIDA 34120 PHONE (230) 348 -0500 FAX (666) 720.4823 of N A— ZONING VACANT LAND o® . CONDITIONAL USE PLAN "B" '0 a Y� SHEET of 2 1. Resolution number 98 -27, approved on January 27, 1998 for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2. Resolution number 2000 -57, for an additional 5.19 acres, approved on February 22, 2000 for a Sawmill; 3. Resolution number 02 -263, to expand to 27.9 acres, approved June 11, 2002 for a mulching and recycling facility. The facility is located south and east of Washburn Avenue, a privately owned road that has been voluntarily paved and maintained by the property owner. As previously stated, the subject site has an existing mulching and recycling facility that was approved through Conditional Uses. There are approximately 25,000± square feet of storage, office and workshop area proposed. The required parking of 50 spaces will be met by existing and proposed parking spaces. Vehicular access is provided by six points onto Washburn Avenue. The site is buffered by portions of an existing landscape buffer along the portion of Washburn Avenue that runs east/west. There are 11.73± acres of preserve area provided along the east and south property lines as well as in the middle of the site. (See Site Plan on previous page and Aerial on the next page). A Type D landscape buffer, which is trees located 30 feet on center and a 3 -foot height hedge, is proposed along the portion of Washburn Avenue that runs north/south. To better screen the facility, Staff has proposed a Condition of Approval to maintain the hedge height at 6 feet. A Type A landscape buffer, which is trees located 30 feet on center, is proposed along the east property line of the site where there is no conservation area. According to the applicant, the hours of operation for the facility are from 6:30 a.m. to 5:00 p.m., Monday through Saturday. There is no proposed site lighting due to the daytime operation of the facility. This site is outside of the service area for County provided water and sewer service. The site presently has water service provided by a private potable well and a fire protection provided by a fire well. Sewer collection and treatment is accommodated by a sewer service septic system. The application indicates that roll -off dumpsters are used for collecting the waste for recycling and can be a variety of sizes such as 10, 15, 20, 30, 40 and 50 cubic yard sizes. The dumpsters are delivered off -site, filled and then brought to this facility for sorting of the various types of debris. The wastes that are not recyclable are sent to the landfill for disposal and all other recyclable debris are transferred to another facility for processing. The only products that are processed on this site are the horticultural waste and concrete products. The concrete products are ground to a material that is suitable for road maintenance on -site or for sale to the public for a similar use. A picture of a typical roll -off dumpster is provided on the proceeding page. CU- PL2010 -166, YAHL MULCHING Page 5 of 13 7 -5 -11 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently partially developed, in the Rural Agricultural (A) zoning district SURROUNDING: North: Washburn Avenue, then land developed with a mobile home, a plant nursery and a land fill in the A (Rural Agricultural) zoning district East: Land developed with a single family residence and vacant land in the A (Rural Agricultural) zoning district South: I -75 and undeveloped land in the A (Rural Agricultural) zoning district West: Vacant land and land developed with a radio tower, and a land fill in the A (Rural Agricultural) zoning district CU- PL2010 -166, YAHL MULCHING Page 6 of 13 7 -5 -11 Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities ". The parcel zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility ". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Excavation" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District ( RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single - family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non - residential uses (e.g. passive recreation, CU- PL2010 -166, YAHL MULCHING Page 7 of 13 7 -5 -11 essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. The GMP provisions for Sending Lands' Conditional Uses are found [in part] on page 77 of the FLUE as: 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a 29± acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 of the Transportation Element of the Growth Management Plan. White Lake Boulevard Impacts: The first roadway link that would be impacted by this project is White Lake Boulevard, which connects to Collier Boulevard north of I -75. The project would generate up to 36 p.m. peak hour, directional trips on this link, which represents a 4.74 percent impact. White Boulevard is not an adopted concurrency link, so remaining capacity is not measured in the adopted 2010 AUIR (Annual Urban Inventory Report). CR -951 Impacts: The first concurrency link that would be impacted by this project is Link 32.2, Collier Boulevard between Golden Gate Parkway and I -75. Without consideration for project interaction with the County Landfill, the project would generate up to 18 p.m. peak hour, peak direction trips on this link, which represents a 0.73 percent impact. This concurrency link reflects a remaining capacity of 287 trips in the adopted 2010 AUIR and is at Level of Service "D ". With consideration for project interaction with the Landfill, the impact to Collier Boulevard would be 9 p.m. peak hour trips, an impact of 0.37 percent. No subsequent links of Collier Boulevard require analysis beyond the first impact. Furthermore, Collier Boulevard is included in the 5 year CIE (Capital Improvement Element) with improvements shown to be planned in fiscal year 2012. Design plans (as of September, CU- PL2010 -166, YAHL MULCHING Page 8 of 13 7 -5 -11 2009) indicate a widened portion of Collier Boulevard between the Golden Gate Main Canal and Davis Boulevard, covering portions of two separate concurrency segments. Condition of Approval: In order to find the Project consistent with the `Needs' and `Financially Feasible' maps found in the County's adopted Long Range Transportation Plan (Maps 10 -2 and 12 -1, respectively), Transportation Division recommends the following condition which has been incorporated into the Conditions of Approval: 1. This project shall reserve 130 feet along the southern property boundary for future road right - of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for construction and demolition recycling in the Agricultural/Rural designation may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Subsection 2.03.01 A.I.c.12., of the LDC permits Conditional Uses in the Rural Agricultural (A) zoning district. The requested use for a collection and transfer site for resource recovery is pernutted as a conditional use in the Rural Agricultural (A) zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Uses Procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property is provided by six points along Washburn Avenue street frontage. One ingress and egress is provided along the portion of Washburn Avenue which runs north/south. Five ingress and egress points are provided along the portion of Washburn Avenue that runs east/west. One of these five ingress and egress points serves the CU- PL2010 -166, YAHL MULCHING Page 9 of 13 7 -5 -11 scales located on the subject site and another serves as emergency access. Please note, that no new access points are proposed. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously stated, the Mulching and Horticultural Recycling use has been in existence since 1991. It has historically had minimal impact on neighboring properties in relation to glare, economic or noise effects. Furthermore, the proposed C &D operation will be located adjacent to a conservation area. If the proposed Conditions of Approval are accepted, the Conditional Use for a collection and transfer site for resource recovery (C &D Recycling) that is an expansion of a 13 year old horticultural recycling use should have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. The subject site is located east of the Collier County Landfill. As previously stated, the horticultural recycling facility has been in existence for nearly 13 years. The proposed collection and transfer use for resource recovery (C &D Recycling) should be compatible with the adjacent properties in the district. Based on the above findings, this conditional use is recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC is not required to review this petition as the preserve boundary and Conservation Easement that were originally approved in 2002 have not been changed. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on May 2, 2011, at 5:30 p.m. at the Golden Gate Community Center. One person along with the applicant and County Staff attended the meeting. No complaints were received at this meeting. For further information, see Attachment A: NIM Minutes. The meeting ended at approximately 6:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- PL2010 -166 revised on July 5, 2011. CU- PL2010 -166, YAHL MULCHING Page 10 of 13 7 -5 -11 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2010 -166 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. This project shall reserve 130 feet along the southern property boundary for future road right -of -way. This future right of way reservation coincides with the current boundary recommended by the County's "WilsonBenfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. Recapping /regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. CU- PL2010 -166, YAHL MULCHING Page 11 of 13 7 -5 -11 (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. The required double row hedge along the Washburn Avenue right -of -way shall be maintained at a minimum 6 feet height. 14. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. PREPARED BY: CU- PL2010 -166, YAHL MULCHING Page 12 of 13 7 -5 -11 PREPARED BY: YIAAV A�(&L NANCY G L , AICP, PRINCIPAL PLANNER DATE GROWTH AGEMENT DIVISION REVIEWED BY: RAY ND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION 27- /I WILLI M D. LORENZ, Jr., P.E., DIREC OR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: 7 NICK CASALANGU A, EP M` ISTRATOR DATE GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Previous Resolutions Attachment B: NIM Minutes Attachment C: Resolution Tentatively scheduled for the September 13, 2011, Board of County Commissioners Meeting CU- PL2010 -166, YAHL MULCHING Page 12 of 12 6 -27 -11 f 7 A .-4 RESOLUTION NO. 02-263 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a mulching and recycling facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Jean Yahl, Yahl Mulching and Recycling, Inc., Washburn Realty, LLC, and Teresa Yahl- Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a mulching and recycling facility in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- Attachment A r, 7 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ///iad- day of 2002. tl 'AT ,TEST,. =_ DW;G T, Clerk IJ NttErSVYs' to_-C -hA. '$ @81136rm and Legal Sufficiency: e �% 1 , �, All r[iTf^- Marjori M. Student, Assistant County Attorney g/admin /CU- 2000 -22/ RFSOLUMN /SM /im BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: 4:tt� J S N. COLETTA, CHAIRMAN -2- v 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress,,'& egress Yes V No C. Affects neighboring properties in relation to noise, glade, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes y' ' No Based on the above findings, stipulations, (copy attached) approval DATE: 5, t6 - C.,�' this conditional use should, with (should 9 be recommended for lC�►- CHAIRMAN: I W4 OW 11: 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L Development Code and Growth Management P1 . Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian s ety and convenience, traffic flow and control and access in case of fire or catastrophe: Adequate ingress & e ess Yes No C. Affect neighboring properties in relation to noise, glar , economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with ad' t properties and other property in the distri Compatible use thin district Yes No Based on the above findings, this conditional use should, with stipulations, (co y attached) (should not) be recommended for approval DATE: S 6 � MEMBER: 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & gress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes_ No Based on the above findings, stipulations, (copy attached) approval DATE: � this conditional use should, with (should not) be recommended for MEMBER: _ ;71--- '�/ �17 , i FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P1, : Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e ess Yes No C. Affects neighboring properties in relation to noise, glare economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use thin district Yes No Based on the ab ve findings, this conditional use should, with stipulations (copy attached) (should not) be recommended for approval DATE: G MEMBER:�� // _ 7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes L/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes &' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: S/ /4 d L-- MEMBER: 7 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingresq & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: N ffect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional us should, with stipulations, (copy attached) (should not) be recommen ed for approval DATE : 5- ((-- p 2 .f 6-_ � Ii: r 7A LEGAL DESCRIPTION: N 1/2 of NE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA 9= S 1/2 of NE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AND; E 1/2 of NW 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA Arai: j(V��1 W W2 "F�i /4 of SW 1/4 of SW 1/4 SE WNSHIP 49 SOUTH, RANGE 27 EAST CCS�0 4 Y, FLORIDA AND; E 1/2 of SW 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA M-0 W 1/2 of SE 1/4 of SW 1/4 of SW 1/4 LESS THE NORTH 50' of the SOUTH 100' of W 1/2 of SE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA CU- 2000 -22 EXHIBIT "B" • PRESERVE AREA oew WOU r ," oaaaaoa I u u� naaaaod f i D�Q�QO� v1�1:'♦rw I RECYCUNG AREA RECYCING AREA 'I 1 I ' RECYCLING AREA I I I PRE g�)AREA I oo ( 0o I o0 I cc:3 00 PRESERVE AREA RECYCLING AREA PRESERVE AREA (KIL o) A PRESERVE AREA err CU-2000-22 YAHL MULCHING AND RECYCLING, INC. DATE: 3/27/02 RAY BELLOWS rrocvl r-n Pt AN" r �r6f�S1C'.� �10i�iPr r r}�axsla... E_ C: t; I. .sow� A wom now � 9" EOOM PUIVMMG dr um & 7R me PIIMVIIVG dlo ntoMC lKttpl�+s�w ►ae Wq ��ao� 9 I i A W N I O O I : 7 A .. CONDITIONS OF APPROVAL CU- 2000 -22 This approval is conditioned upon the following stipulations: 1. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off -site. There shall be no permanent storage of solid waste on site. 2. The portions of Crawford Avenue (from its intersection with Landfill Road) and Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. 3. The tub grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. 5. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. 6. There shall be a maximum of nineteen (19) dump trucks and fifty -six containers stored on site. 7. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and shall not operated on days classified as legal holidays in the Florida Statutes. 8. On -site diesel fuel storage shall not exceed 500 gallons. On -site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for the fueling of equipment utilized in yard maintenance. 9. Maintenance and repair services to dump trucks, roll -off containers, and the end loader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installations of tires. The recapping/regrooving of tires and wheel alignments are not permitted. EXHIBIT "D" PAGE 1 OF 2 7A (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearing, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air conditioning system recharge. (f) Washing, buffing, and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injections systems. (i) Electrical wiring repairs. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil -air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and four -wheel drive units shall not be permitted. 10. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 11. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on -site sprinkler system in order to reduce dust. 12. There shall be no other machinery or equipment stored on -site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 13. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 14. An Environmental Resource Permit or a Surface Water Management Permit from SFWMD must be obtained prior to any construction approvals being granted. 15. Prior to construction approvals being granted, this project must be reviewed and approved by Collier county Stormwater Management Department as it relates to any impacts on the Henderson Creek Branch Canal as will as any off -site flows coming through the project's site. 16. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area PAGE 2 OF 2 7A z necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Permits from the South Florida Water Management District and U.S. Army Corps of Engineers shall be presented prior to final site plan/construction plan approval. 17. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species on -site. A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to final site plan/construction plan approval. PAGE3.OF 2 17E RESOLUTION 2000 - _5-7 A RESOLUTION SUPER4FDM uXenr Trrrnwr no X99 AND PROVIDING FOR THE ESTABLISHMENT OF A SAWMILL CONDITIONAL USE #2 IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use #2 of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a sawmill on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, this Resolution supersedes Resolution 99 -399 previously granting conditional use approval; and WHEREAS, all interested parties have been given opportunity to be heard by. this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William Hoover, AICP of Hoover Planning, representing Richard and Jean Yahl and Teresa Yahl Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use #2 of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a sawmill in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: -1- 17E - -1 Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this - as 0 day of_ ll.cg 2000. ATTEST: DWIdHT E. BROCK, Clerk Stte 35 to iPStsltl`S A >l U t@tlld6 and Legal Sufficiency: Maim M. Scuderi Assistant County Attorney r /admix/ RES0UM0N /CU99- 33/SM /u BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: I TIM THY .' 0 TANTINE, CHAIRMAN -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR y9� 3�7 The following facts are found: 17E 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes I,-' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingresg & egress Yes r- No C. Affects neighboring properties in relation to noise, glares, economic or odor effects: t No affect or Affect mitigated by Affect cannot be mitigated D. Comp4tibility with adjacent properties and other property in the district: Compatible use within _,district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should be recommended for approval DATE: /-gyp -Qy CHAIRMAN: f /?nM3NG OF FACT CHAIPIQN/ oft Exhibit "A" Exhibit B CU-99-33 7 E N 1 2 of NE 1/4 of SW 1/4 of SW 1/4 SE ION: 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST". CO CO" ER' COUNTY, FLORIDA AV S, IZ2 of NE 1/4 of SW 1/4 of SW 1/4 St %.* ION 31, TOWNSHIP --'49 SOUTH, RANGE 27 EAST';- CO EF LORIDA E. W2 ijpf NW 1/+--of. SW' SECJION 31, TOWNSHIP 1/4. ofz..swi - JA I a - 49. SOUTH, RANW 27'-- CO WER..-COUNTY;--yL qRIDA. Exhibit C CU -99 -33 ''--------- -- - - - - -- ----- • - - - - or-*- w�V Iwwl r :t A'r' t t� j CMO OO OO 00 � I i 1 I 1 fill 14� cu l 1 r i r' 1 � 1 s + i !'i l ,I 1 RICH at TERESA YAHL • • • YAH. ISJLCHM & RDCttCtWQ EEJdE EWJWJMNG CONDI7I R PLAN YA97E PL � 17E Exhibit D 1. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products . permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage of solid waste on site. 2. The tub grinder shall not be operated within 150 feet of any property line. 3. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. 4. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. There shall be a maximum of twenty (20) dump trucks and forty-five (45) roll -off containers stored on site. 6. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 7. On -site diesel fuel storage shall not exceed 500 gallons. On -site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 8. Maintenance and repair services to dump trucks, roll-off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing, and steam - cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, drums and pads. 17E (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engineers, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 9. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 10. The stockpiled horticultural waste and piles of mulch shall be periodically watered down - on a daily basis by the on site sprinkler system in order to reduce dust. 11. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 12. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 13. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 -102). 14. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier - County Land Development Code, as amended. 15. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 16. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 17. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 17E 18. The existing natural, native vegetative buffer along the southern boundary of the southeastern 5 acres of the site, shall be retained as it currently exists, to no less than a minimum width of the twenty (20) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. 19. The existing six (6) foot high opaque fence and existing landscape trees planted 25 feet on center adjacent to the northern five (5) acres' northern and eastern property boundary, shall be continued along the southern five (5) acres' eastern, and the western five (5) acres western and northern property boundaries. 20. There shall be a maximum of 60 dump truck trips per day and 90 medium duty truck trips permitted per day, to and from the site. 21. Primary access to the site for heavy trucks (those trucks with three (3) or more axles) shall be from the Southwestern driveway entrance. The driveway entrances located off of Washburn Avenue shall be utilized as secondary access points, primarily for employees personal vehicles and access to the caretakers residence and administrative office. fo RESOLUTION A RESOLUTION PROVIDING FOR THE ESTABLISHMENT':;ti OF SAWMILLS (MULCHING AND HORTICULTURAL. RECYCLING), CONDITIONAL USE "2" IN THE 'A$! y ZONING DISTRICT PURSUANT TO SECTION OF THE COLLIER COUNTY LAND DEVELOPMENT CODE` °." FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP: -;`; 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. `r'Iy' 'a _ :'� � 'mss R•�� t, WHEREAS, the Legislature of the State of Florida in Chapte 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, ha conferred on Collier County the power to establish, coordinate enforce zoning and such business regulations as are necessaryj- ;:.f protection of the public; and;: =. WHEREAS, the County pursuant thereto`has adopted a LandY Development Code (Ordinance No. 91 -102) which includes Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the appointed and constituted planning board for the area hereby --- affected, has held a public hearing after notice as in said'±-.. regulations made and provided, and has con sidered'the adviaabil Conditional Use "2" of Section 2.2.2.3 in an "A" zone for sawrimi (mulching and horticultural recycling) on the 'property hereinaf described, and has found as a matter of fact,,.(Exhibit "A ");;that' ! satisfactory provision and arrangement have been made concernin applicable matters required by said regulatiops.and in accordan = z�i with Subsecticn 2.7.4.4 of the Land Development Code.for`,'the-:.Co . r i -. as: County Planning Commission; and : �;:.;t - -. . WHEREAS, all interested parties have been given,opportunit be heard by this Board in a public meeting assembled and..the.Bo, having considered all matters presented. " iK. ''?' NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF:ZONING APPEI Collier County, Florida that: The petition filed by William L.Hoover' AICP.of Hoover ;.1 Shoppe and Beau Keene, P.E., representing.Richard and Teresa! with respect to the property hereinafter described as Exhibit "B" which is attached heceto and incorporated by' reference herein.:�Y`^ be and the same is hereby approved for Conditional. Use "2":.of 2.2.2.3 of the "A' zoning district for sawmills :.(mulching--and horticultural recycling) in accordance withthe ConceptualMa, g Plan (Exhibit "C ") and subject to the following conditions:- w; Exhibit "D" which is attached hereto and incorporated*bg reference herein. i -• s. -` BE IT FURTHER RESOLVED that -this Resolution' be recorded minutes of this Board. This Resolution adopted after motion••.second.and majorit Done this o?�',. day of - �" BOARD OF ZONING APPEALS COLLIER.COUNTY,•FLORIDA Jr BAR RA,B.`BFRRY, C ai .r / _St•. R,L`.'if: .`.•Mi !If�t'?'.S:: �L:y�.,�._�.:.. ATTEST: DWIGHT E. BROCK;,Clerk �� : ? i .� r!r l Approved as'to form and Legal Suffii�cien1c�y: � Marjorie M. Student Assistant County Attorney !!N -97 -21 1kE:OLVT70K _ Ir tA F �, ..'�i' rt. r � • The 2. x�C KIM ...v x, FINDINGvOF FACT ".`y';:::;:., >. COLLIER COUNTY PLAmm a^`COMMISSION FOR A CONDITIONAL USE PETITION. FOR - CU -97 -24 `:: ..:.•.`'._lie. following facts are found: rY "` ' . Section 2.2.2.3.2 of the Land Development Code authorized the conditional use.._,. Granting the conditional use will not adversely affect' the public interest and will not adversely affect ;othel property or uses in the same district or, neighborhood,;; because of: �,. ,:,;,.Fn A. Consistency with the Land Development Code and - Growth Management Plan: sr3 Yes _�' No -' B. Ingress and egress to property and proposed �`°�� structures thereon with particular reference to`: automotive and pedestrian safety . and convenience;] traffic flow and control, and access in'case -of-A fire or catastrophe: Adequate ingress & egress Yes t No C. Affects neighboring properties in relation to 'N. noise, glare, economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and',;; other property in the district: Compatible use within district Yes �- No Based on the above findings, this with stipulations, (copy attached) 4 recommended for approval DATE: CfJ -97 -24 rrimum or rRcr lia conditional use should be f. CHAIRMAN: J, • ate.: � . ..,;; ti =3`rr �. . Legal Description of Subject Property. Move : A1•e.. T' The North Half of the Northeast Quarter of the Southwest Quarter o,:f th.. e So Quarter of Section 31, Township 49 South. Range 27 East, Collier County, _ �•'; - Ord':- . ==:: i..,. {{"..'ti:. V '#.i.J .. ; •: a �� a. � ]� n $r Florida rn cr cr. V • Exhibit C iii - � :... '.� L . . .:��. '�`5� 4, A" Tim ,j' I fit fill I I _ X1 V tz A A A ApNOA STEP RICII k TFRFSA YARL YfiJiL MECHM & RECYCLM CONDITIONAL USE MASTER PLAN IE ENC*MWGj WICr:.. t - - Exhibit D The property owner shall maintain a dum ster on site to properly dispose .• 0" P prop y of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage: <• of solid waste on site. 2. The portions of Crawford Avenue (from its intersection with Landfill Road) Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained by sera ping the road a ntinimt:m of two times • per we more if nee6ed and sprinkling the road at least one time per 3. The tub grinder shall not be operated within I S4 feet of _ - anYPr'oPertY line.; 4. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. � 5. During maintenance or cleaning, the tub grinder shall only be operated with a tub•cover in place. b. There shall be a maximum of fifteen (1S) dump trucks and forty -five (45) tall -off containers stored on site. - -• ' 7. The tub grinder only be ' �.'_•. -' '��- 7:K.,<��:��, Sri y operated, maintained or cleaned between the houre of 8:00: a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. S. On -site diesel fuel storage shall not exceed 500 gallons. On -site gasoline storage tanks'. are not permitted. Gasoline storage containers up to five (S) gallons in size are permitt ed for yard work, ctc. .�. 9. Maintenance and repair services to dump trucks, roll-off containers and the endloade'-r' shall be limited as follows. a} :. (a) Dispensing of diesel fuel and oils. ;• =:�� 7 (b) Servicing of spark plugs, batteries, distributors and distributor parts.`.v,;� .. (c) Removing, remounting, balancing, repair and installation of tires.'; Rccapping/regrooving of tires and wheel alignments are not permitt (d) Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, wiipe = blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the _ cooling system, and au co tro> . recharge. 3. - - •: ".• >K.. r`:'L - :� ?.mss' ,aleck: .w' (t) Washing, buffing. and steam4leaning i F - (g) Servicing of fuel pumps and fuel lines. 'tM r yam: V., , (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. 6) Providing repair and replacement of brake rotors, drums and pads,'' " (k) Minor motor adjustments not involving removal of the head or crankcase (1) Lubrication, engine oil changes, transmission oil changes, and oiVair filter Chan (m) Minor welding and minor repainting but not fame straightening or major repo (n) The removal of engineers, transmissions, rear differentials and 4-wheel drive to shall not be permitted. 10. The tub grinder shall be equipped with a dust suppression system which shall be. operating at all times the tub grinder is operating for the purposes of grinding "'` horticultural waste. 11. The stockpiled horticultural waste and piles of mulch shall be perkatcally_watered on a daily basis by the on site sprinkler system in order to reduce dust.'' 12. There shall be no other machinery or equipment stored on site which is unrelated t. horticultural mulching operation and not used in the daily operation of the busines 13. The tub grinder wiII be equipped and operated with deflectors to minimize flyfifj 14. Piles of mulched or processed horticulture ,nay_ not "be °s_t on site for more than :120 conaecutive; :days:£; AZ Ia ' - ', � -'c {,A 'iS�i : "•; Vii'" � .[ }'- .Y f k� 1. � tf._i ^ �}• I'< B [ 1� 1991; -f.• - 2 i+ . , Ii Myt; .> r 04t; NIM RESOLUTION NO. 92-2 JAN 7 1992 A RESOLUTION AMENDING PARAGRAPH FIVE OF RESOLUTION 91 -747, A PROVISIONAL USE FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution 91 -747, pertaining to the Provisional Use for Florida Cellular R.S.A. Ltd. Par., on October 22, 1991, and WHEREAS, following said action adopting Resolution 91 -747, staff was advised that a portion of the site's legal description was incorrect in Paragraph Five of said Resolution and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida, that the legal description of Paragraph Five of Resolution 91 -747, is hereby amended, by correcting the legal description to read as follows: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by Mark Lamoureux of Mark Lamoureux Engineering, representing Florida Cellular R.S.A. Ltd. Par., with-respeat to the property hereinafter described as: The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Orin 20 Words underlined are additions; Words atrnek- threttgh are deletions. -1- JAN - 7 IM2 Commissioner Goodnight offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: AYES: Commissioner Goodnight, Commissioner Ha:i:.e, Commissioner Shanahan, NAYS: Commissioner Saunders, and Comndssioner '161pe ABSENT AND NOT VOTING: ABSTENTION: Done this 7th day of January 1992. BOARD OF ZONING APPEALS COLX,IFR COUNTY FLORIDA ti' `,� �• BY: t CHAIRMAN a r. ATTEST: JAMES C. GILES, CLERK � 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IS ONIN ASSISTANT COUNTY ATTORNEY SCRIVENER'S ERROR RESOLUTION nb/6984 a 000 PACE '21 Words underlined are additions; Words struck- thrcxgh are deletions. YAHL MULCHING & RECYCLING, INC. Neighborhood Information Meeting Minutes May 2, 2011, 5:30 pm At Golden Gate Community Center, Room C The Yahl Mulching & Recycling project held its Neighborhood Information Meeting for the public to ask questions and provide input to the development of this site. The neighbors within 1000 feet were notified by mail and the meeting was advertised in the Naples Daily News in a' /4 page add. The meeting was scheduled for 5:30 pm. One attendee other than the Owners, Project Engineer and Nancy Gundlach, Planner from Collier County entered the meeting at approximately 5:45. The one attendee was Joseph Bonness, a neighbor to the project. He had several questions regarding the project regarding what additional recycling was proposed on the site in addition to the existing horticultural recycling and the 130 foot road reservation that is required to be noted on the plan by the Collier County Transportation Division. These items were addressed and there were no concerns regarding the proposed addition use of Construction & Demolition Debris recycling & transfer station to the site. The meeting concluded at approximately 6:05 pm. An audio tape of the meeting has been provided to Nancy Gundlach of Collier County. Attachment B RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.0l.A.I.C.12 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Yahl Mulching & RecyclinglCU- PL2010 -166 1 of 2 Attachment C Petition Number CU- PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted aver motion, second, and super - majority vote, this day of 12011. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions CP\l 1 -CPS- 01079 \9 Yahl Mulching & Recyeling/CU- PL2010 -166 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman LEGAL ,DESC IECTON A PARCEL .OF LAND. LYING IN .:SECTION 31, TOWNSHIP 49 SOUTH, -RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ' AT. THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF ' THE SOUTHWEST QUARTER OF SECTION.-31. TOWNSHIP 49 SOUTH, RANGE 27 EAST; THENCE, . ALONG THE NORTH LINE OF' THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER. OF SAID - SECTION 31, NORTH 89'58'41" EAST, A DISTANCE OF 343.00 FEET TO THE POINT OF BEGINNING OF THE . PARCEL OF LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG -THE NORTH LINE OF THE SOU'T'HWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID'.SECTION 31, SOUTH 89'59'49" EAST, . A DISTANCE OF 1029.30 FEET; THENCE SOUTH 02'04'30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH 89'58'14" WEST. A DISTANCE OF 342.85 FEET; THENCE SOUTH 02'05'32" EAST, A DISTANCE OF 558.99 FEET; THENCE NORTH 89'57'41" WEST, A DISTANCE OF 1029.48 FEET; THENCE NORTH 02007'49" WEST, A DISTANCE OF 558.60 FEET; THENCE SOUTH 89'58'27" EAST, A DISTANCE OF 343.20 FEET; THENCE NORTH 02'0336" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING :1.252,915 SQUARE:. FEET'-:OR 28,763 :*ACRES; =MORE OR .LESS: EXHIBIT A m X �Q CD 0 IV Z N Do -� r W N N r 3 NOC X o moZ m r- 2 r z ei V C m SEE,SH ET 7 • I ' I 1 I ILDING 35 NAXE> � oa ?ne -Q r�LO i Ti 7 --j <o �a i N �s ~oA 'g r� g WASHBURN AVE WASHB"AVENUE EXMT —PAVED ROAD x - s B N. KC Mum 1 Z ai e 1 9 a� D 2 m C Z w — ��g T PUN A >g�iS2 •� � � � �� �� �� ° 00000 D 1 no # a QB i a Z 00, r •,�; ; °3+ Ro, l OD,.mmcn ° c C m m a �,s zmnnm o =� ;yep n mm- -ArQ -i EA i a € � 9' Dv()�ru0 a D $.O III Z m D m z F_xaN _ .6 `�'"_ °�,2 i y3� n r m N. KC Mum 1 Z ai e 1 9 a� D 2 m C Z w — T c A >g�iS2 D # a QB i PE > g r •,�; � °3+ Ro, l c C m m a �,s - o =� ;yep n � ac r r a D �;ali�� €I o - M9 e ss € MM r € cpn QQ i yg'm'p 8i nSm g'• mYmP 1 r p C��C o . ! D fill O 3 d . ! _D �� C �1 O m _ °s ! . . .r I 2 m a z �� ,rI AZ� cm w ! . . !n ! n _ C c� R� O Z c 2 m m+ ! ! ! ! O. 3 I I > A ^m > A o� ! �m m a I D o � D !� I .0 x n A m O a D IM m f/1 m N. KC Mum 1 Z ai e 1 9 a� D 2 m C Z w z c n 11 flmg� $ a °`;ym A >g�iS2 D # a PE > g > o =� ;yep ac 44 5Sg5 2�'LAw�3g�s� € MM yg'm'p 8i nSm g'• mYmP ;. N. KC Mum 1 Z ai e 1 9 a� D 2 m C Z w m T2 JW i W co CD N O 'rh IV Z N D o � v r r Ny�r n 0Cr°0 In z m;mrr• � z n V m 9 rnD m 2 T m O W °Z IT. nl Vim♦ pC1��YY m C o• O � xr� >t m �n m r �O N o:;t oD AW w o� O A P z h n cl _in O D 2 r a m tI °go v n =Zn c Z � n 'o N0N oa cl zo <2 ac o 2 m' 5 \• I 1 1 !� \\ \ po\ O ' I • S I '•J I 10? •'t; JVi Z YY m,A�> m °o •�A y® i i I . o0 1 . • ,B 1 ' . O • 1 .� O I A: • I i � i • • I I/ /\ i i ' • ' , i 1 , 1 ' 1 ' • / / / PROP. UNPAVED AREA grg � • , 1 . / �� iee�l p £: FUTURE C &If BUILDING �E 20,000 SF BLDG. HEIGHT 35' MAX. PROP. STORAGE BUILDING —12 FIN. FLOOR 123' °o • � 1 I • 1 I/ mi gg ' • G �- , ' ' % PROP. UNPAVED AREA 0 O £ D • -� 1 ''gg • / a O N b m t'g A (( m 0 Az • ' 1 , RECYCLING AREA O > > . s v • Z i ,— I,ItlN3L ,n R 1N3W3sv3 s5300tl '° �OnI�O \ m �� , , ' • 1 r . n3A� DMALyos s'd -1 I, 1 II Jo> 1 AZ N0i'' pppy . I I �J 9 •�jg 1 II A_ O • � $g I , m , _ •� 4kf • 1 I . 1 1 n 1 1 I ,8 V3HV ' "p • 0.0. . I i . i i • i I g� o' 94 , gma ��fi= �,xsP�NNpp°�'i'� add ^z ; "e a �•a °�F'$'�'sso.g'x °ssY- $s.�e.�v SIB. 2 sa��z as A q ai do z " N CD m i m m S s� y g r[ m IVJV3&V 1 N •. m m z • SEE SHBET 6 CONDITIONS OF APPROVAL FOR CU- PL2010 -166 1. This project shall reserve 130 feet along the southern property boundary for future road right - of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. Recapping /regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. Page 1 of 2 EXHIBIT C 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. The required double row hedge along the Washburn Avenue right -of -way shall be maintained at a minimum 6 feet height. 14. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. Page 2 of 2 EXHIBIT C July 21, 2011 OSP- 2010 -2 (CCPC) "-�llhead Protection (w /map) June 20, 2011 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: Legals(d)Nar)lesnews.com July 21, 2011 CCPC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 01, 2011 and furnish proof of publication to Marcia Kendall, Land Development Services, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a "1/4" page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500122420 Account Number: 068778 NOTICE OF PUBLIC MEETING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011, at 9:00 A.M. in the Board of County Commissioners Chamber, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. 34112, to consider the Transmittal of the following County Ordinance for an Adoption amendment to the Collier County Growth Management Plan, The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Future Land Use Element Future Land Use Map Series of the Growth Management Plan. The Ordinance title is as follows: ORDINANCE NO. I I - AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT'S FUTURE LAND USE MAP SERIES FOR THE WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND AQUIFER STORAGE AND RECOVERY (ASR'S) MAP; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ➢ CPSP- 2010 -2, Petition requesting various amendments to the Future Land Use Element and Future Land Use Map and Map series including the map titled Collier County Wellhead Protection Areas Proposed Wellfields and ASRs Map. [Coordinator: David Weeks, AICP, GMP Manager] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management 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 Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 EXHIBIT "A" COLLIER COUNTY WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND ASRs D LI VI NGSTON ROAD ASR (IRRIGATION QUALITY) 1 CITY OF NAPLES ASR (4 WELL PERMITS) MARCO ISLAND UTILITIE MARCO LAKES 0 SCALE 0 5MI. AMENDED — Ord. SEPTEMBER 10, 2003 No. 2003 -44 AMENDED Ord. — JANUARY 25, 2007 No. 2007 -18 AMENDED Ord. — DECEMBER 4, 2007 No. 2007 -82 ASR = AQUIFER STORAGE AND RECOVERY SITE POTENTIAL FUTURE WELLFIELD AREA CITY • WELLFIELD AREA . RIDGE r RIDGE CITY OF NAPLES ASR (4 WELL PERMITS) MARCO ISLAND UTILITIE MARCO LAKES 0 SCALE 0 5MI. AMENDED — Ord. SEPTEMBER 10, 2003 No. 2003 -44 AMENDED Ord. — JANUARY 25, 2007 No. 2007 -18 AMENDED Ord. — DECEMBER 4, 2007 No. 2007 -82 ASR = AQUIFER STORAGE AND RECOVERY SITE rn FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN U ` GATE CITY WELLFIELD \ SOUTH HAWTHORN WELLFIELD EXTENSION S MARCO ISLAND UTILITIES ASR (9 WELL PERMITS) * �S 1 R� 0) 0) MANATEE ROAD ASR N 1) U/ PREPARED BY. GIS /CAD MAPPING SECTION GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION SOURCE: COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. DATE: 1/2011 FILE: WFPZR12- 2010 -A.DWG PPTITION r:P13P_9n1n. IMMOKALEE WELLFIELD CR 846 0 AVE MARIA WELLFIELD CR 858 POTENTIAL FUTURE COLLIER COUNTY WELLFIELD AREA CITY OF NAPLES EAST GOLDEN GATE WELLFIELD 1 -75 J ED (n w D Q J w w PORT OF THE ISLANDS WELLFIELD VS 4� EVERGLADES CITY WELLFIELD cV Of O7 846 LEGEND PLANNED WATER SUPPLY WELLS ASR = AQUIFER STORAGE AND RECOVERY SITE POTENTIAL FUTURE WELLFIELD AREA WELLFIELD AREA EVERGLADES CITY WELLFIELD cV Of O7 846 Acct #068778 June 20, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: CPSP- 2010 -2 Wellhead Protection: Legal Advertisement w /MAP Dear Legals: Please advertise the above referenced notice (w /map) Friday, July 1, 2011 and kindly send the Affidavit of Publication, in triplicate to this Office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*0e #4500122420 June 20, 2011 July 21, 2011 CCPC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, July 01, 2011 and furnish the Affidavit of Publication, in Triplicate, to the Board Minutes and Records Department. The advertisement must be a "1/4" page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500122420 Account Number: 068778 NOTICE OF PUBLIC MEETING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, July 21, 2011, at 9:00 A.M. in the Board of County Commissioner's Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. 34112, to consider the Transmittal of the following County Ordinance for an Adoption amendment to the Collier County Growth Management Plan, The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Future Land Use Element Future Land Use Map Series of the Growth Management Plan. The Ordinance title is as follows: ORDINANCE NO. 1 I - AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT'S FUTURE LAND USE MAP SERIES FOR THE WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND AQUIFER STORAGE AND RECOVERY (ASR'S) MAP; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ➢ CPSP- 2010 -2, Petition requesting various amendments to the Future Land Use Element and Future Land Use Map and Map series including the map titled Collier County Wellhead Protection Areas Proposed Wellfields and ASRs Map. [Coordinator: David Weeks, AICP, GMP Manager] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management 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 Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered 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 T 46 S T 47 S T 48 S T 49 S T 50 S T 51 Si T 52 S T 53 S A1N00z) O8VM069 A1Nnm 30VO W a M S C W 0 M Cl) M O U m 2 .� ` d v 0 Iz z 0 W— U W O z N M — O x cr u a I l/1 W M Y O O 2 W A1Nf10o A80N3H Z O Z O M 2 m 6Z -'a's 0 � ¢F i O W � O 6Z -'a'S a \T Z M = N 2 6Z -as a O N U N W J a iJ m N 2 R m I f/1 W A1NnoO 331 n N p .� N k 2 CL m U 5 ti W > l96 - a'O w Q _ N O ° - LS6 as ° J a V K J � w S o o LU 'Oa aOdalV F u z w¢a z< i <Z a<� LO min N l4 -'S'0 oai v aozI F L3 aka Mexico Nww �w o f U tea° Gulf may o a c°4a Unrtha S. , : :•Ftra From: �redia, Blanca [BEI]eredia@Naplesnews.com] Sent: cridny, June 20, 2011 2:51 PM To: -,rtiia S. Vergara Subject: CPSP-2010-2 Wellhead Protection (W/Map) Ok-3 Lt,,-,.Verqar,,7,,ct,,olliercierk.comI Sant: Monde, ne 20, 20 _ 2:46 111V1 1,;: Legals Ni S_..'Jject: CR 10-2 Well d i =, _;tection (W/r,' Lega is, P'2ise adve: -he [ollo,,vi_ attached ad on Friday, July 1. 2011, (Display Ad Map). Send an ol( v. vo recei,.�, . C/, 7 i c e )co "erderk.ccin 7 ,, s ,ectrondc r d an, nay contain privileged information intended solely for the named addressee(s). It may not b �4scd or dig _;pt for e for which it has been sent. If you are not the intended recipient, you must not copy, distribute or t , ) :r ;y lcti( l,Y or l; )n information contained in this message. Unless expr,_�s,, ,011ioi , 1 his message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of C­:n,2r County vc, fcc, ,I this communication in error, please notify the Clerk's Office by emailing helpdesk(cbcollierclerk.com ( th'- d ct I,' ;! _,s ,c and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility f nn%_ r 1-Jon ni )f en ads and attachments having left the Coll ierClerk. com domain. Under Florida [ addit - -, , �s are ;)Liblic records. -i you do not want your e-mail address released in response to a ­ul,!�c record !o not J clectjonic mail to this entity. Instead, contact this office by telephone or in writing. 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Pulicat State of Florida Counties of Collier and Lee Before the undersigned they serve as the arr appeared Kim Pokarney, who on oath says the Accounting Manager of the Naples Dail newspaper published at Naples, in Collier distributed in Collier and Lee counties of Fl attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time i on July 1, 2011 Affiant further says that the said Naples Daily News published at Naples, in said Collier County, Florida, at newspaper has heretofore been continuously published County, Florida; distributed in Collier and Lee countie each day and has been entered as second class mail mt office in Naples, in said Collier County, Florida, for year next preceding the first publication of the atta advertisement; and affiant further says that he has nei promised any person, firm or corporation any disc commission or refund for the purpose of securing this publication in the id newspaper. ( Signature of affiant Sworn to and subscribed before me This 6th day of July, 2011 �(, X� f & (Signature of notary public) KAROL E KANGAS * Notary Public - State of Florida My Comm. Expires Jul 29, 2013 Commission # OD 912237 NOTICE OF PUBLIC MEETING Notice is hereby given that the Collier County Planning Commission will hold a public meet- ing on Thursday, July 21, 2011, at 9:00 A.M. in the Board of County Commissioner's Chamber,, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. 34112, to con- sider the Transmittal of the following County Ordinance for an Adoption amendment to the Collier County Growth Management Plan, The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider a recommendation on an amendment to the Future Land Use Element Future Land Use Map Series of the Growth Management Plan. The Ordinance title is as follows: ORDINANCE NO. 11- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT'S FUTURE LAND USE MAP SERIES FOR THE WELLHEAD PRO- TECTION AREAS, PROPOSED WELLFIELDS AND AQUIFER STORAGE AND RECOV- ERY (ASR'S) MAP; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. • CPSP- 2010 -2, Petition requesting various amendments to the Future Land Use Element and Future Land Use Map and Mao series, including the map titled Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs Map. [Coordinator: David Weeks, AICP, ,GMP Manager] COLLIER COUNTY WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND ASRs. CR 846 'L ' E6 ARE aE I J ,7r` iR Q* s _ Z7, All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehen- sive 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 Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, July 21, 2011, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Com- mission with respect to any matter con- sidered 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 Com- missioners Office. Mark P. Strain, Chairman Collier County Planning Commission No. 678170861 1.2011 Environmental Advisory Council (EAC) July 6, 2011 Meeting Recommendation for Petition CPSP- 2010 -2, Growth Management Plan amendment pertaining to Future Land Use Map: Wellhead Protection Areas and Proposed Wellfields and ASRs Map By vote of 510, the EAC recommended approval of the Map as approved for Transmittal, subject to the following two changes, and expressed concerns: 1. Per staff recommendation, remove the label "Marco Island Utilities Marco Lakes" and associated concentric rings around that location; 2. Add a note to the Map to identify the aquifers reflected (surficial and intermediate). 3. Concern: That the planned Orangetree Wellfield may negatively impact the Corkscrew Regional Ecosystem Watershed and Corkscrew Swamp. 4. Concern: That the Golden Gate Wellfield drawdown may negatively impact private wells in Golden Gate Estates. 5. Concern/Desire: The Water Master Plan updates (Public Utilities Division) are approved by the Board of County Commissioners without benefit of review by the EAC; the EAC believes the Water Master Plan should be brought before the EAC for review and recommendation as it impacts natural resources under their purview. EAC Adoption recommendation G:ICDES Planning Services\Comprehensiv6COMP PLANNING GMP DATA1Comp Plan Amendments12009 -2010 Combined Cycles petitions12010 Cycle PetitionslCPSP- 2010 -2 batch\EAC Adoption dw17 -13 -11 (COG- 7/7//') ey Mr, )'\r" '/-s 4+� Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JULY 21, 2011 RE: PETITION NO: PUDZ-2006-AR- 10 146; HACIENDA LAKES MPUD (COMPANION ITEMS: DRI- 2006 -AR 10147, AND CP- 2006 -11) APPLICANT /AGENTS: Applicant: Agents: Hacienda Lakes of Naples, LLC Dwight Nadeau Richard D. Yovanovich, Esq. c/o David Torres RWA Consultants, Inc. Coleman, Yovanovich & Koester, P.A. n 12600 Biscayne Court 6610 Willow Park Drive, Suite 200 Northern Trust Bank Building Naples, FL 34105 Naples, FL 34109 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Agricultural (A), Agricultural- Special Treatment Overlay (A- ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Hacienda Lakes MPUD. GEOGRAPHIC LOCATION: The subject property, consisting of 2,262 + /- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida (See location map and proposed PUD Master Plan on the following pages.) PURPOSE/DESCRIPTION OF PROJECT: Approval of this project to allow for a mix of residential, commercial (retail and office), hotel, business park or education facility uses as well as the continuation of existing junior deputies n passive recreation and existing swamp buggy attraction uses. 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HACIENDA LAKES ��� �A IN p]y��8 ;1 pIALF) I - �YIDD' DRA WX nUS�. m,E OVERALL MPUD /DR/ , Vvcnel172hnrt CONSULTING CivilFa&..ing -- 6 oraM DRN MASTER PLAN MPUD /DRI � ' T L JL 5>�e �g ,r .,KY�WMpM.SMWeNSpk MMee,ee ")� �,s.A ,61eCmn8lwt FWl M,aq �NeeNDI =—I—, West: a variety of uses and zoning districts along the east side of CR 951, such as PUD (First Assembly of God PUD, approved at a maximum density of 7.88 multi - family dwelling units per acre [upa]; and Rockedge RPUD, approved for multi - family development at a maximum density of 5.23 upa; and Winding Cypress DRI/PUD, approved for a variety of residential zoning dwelling unit types at a maximum density of 1.2 upa), and C -3, C -5 (developed with various commercial uses, including a hospital, several churches), TTRVC (developed as a travel trailer/RV park), and Agricultural zoning and uses as well as undeveloped tracts, then CR 951 East: Agricultural (A), undeveloped areas GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The County's Future Land Use Map designates [approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. The balance of the site has the future land use designations of the Urban Residential Fringe (URF) Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these designations are located in the FLUE and the CCME of the Growth Management Plan. There is a companion Growth Management Plan amendment, Petition CP- 2006 -11, as noted below, approval of this PUD rezone is subject to approval of that petition. Comprehensive Planning staff has prepared an analysis and recommendation memorandum (dated July 12, 2011) that has been attached. To summarize, Comprehensive Planning staff has n identified several areas of concern and is recommending that this petition may be found consistent with the GMP (as amended via CP2006 -11) subject to the following: A. Modify PUD Ordinance Exhibit materials to include provisions /standards for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its interconnected portions of the project. A project of this size and complexity should contain a bicycle /pedestrian and transit master plan that identifies the following: • Connections from each residential neighborhood and commercial development between each component of the project and to the established CR -951 Greenway and the existing or planned transit system; • Expanded transit shelters to accommodate existing and future demand. Staff recommends several transit shelters that are adequately sized and afford seating (Pavilion shelters at a minimum size of 20'x20'), protection from the elements, bike racks or storage facilities, and immediate access to the bicycle /pedestrian network. B. Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential Density, additionally in Exhibit F, List of Owner Commitments and elsewhere as necessary to include statements committing to develop a minimum of 13 residential units in the nearest portion of the adjacent "R ", Residential Tract. [appears only in an asterisked informational note, on pg. I of Exhibit A]; Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 3 of 26 July 21, 2011 CCPC Revised: 7/13/11 C. Remove the wholesale distribution use presently proposed in Exhibit A, Permitted Uses for the "R/MU ", Residential/Medical Use Tract. Consider the recommendations presented above, as matters suggesting change, revision or other action, encouraged in support of the project prior to final consideration: Transportation Element: Transportation planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 of the Transportation Element of the Growth Management Plan with approval of the proposed mitigation. Please refer to the Transportation Review comments for details about the mitigation. Significantly Impacted Links: Multiple roadway links are significantly impacted by this development. These impacts are summarized in the excerpt from the 2010 AUIR, shown on the next page, in Table 1 (project specific impacts are noted in the most recent Traffic Impact Study, and are not shown): In general, the analysis of trips generated by this development indicates that the existing roadway network can accommodate the impacts that are produced, if certain mitigation is proposed. All mitigation is listed in Exhibit F, Section VI of the PUD document, and is considered sufficient to bring this proposed PUD into compliance with policy 5.1 of the Transportation Element of the GMP. Mitigating factors for this development include multiple proportionate share allowances, multiple right -of -way conveyances and construction contributions, and also certain development limitations that are dependent upon network improvements. In general terms, the future `Benfield Road' corridor (identified as a need in the 2030 LRTP and subsequently confirmed in the current 2035 LRTP), as well as pertinent connections to this corridor such as Rattlesnake Hammock Road Extension and The Lords Way, are created or are made viable for future Public [County] ownership. These facilities, along with their respective design/construction/mitigation costs, are borne by the developer as part of the developer commitments. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 4 of 26 July 21, 2011 CCPC Revised: 7/13/11 s V C� 1� w� � o bA y x PW O � p Z 'v bA � �x w d O 0 N O a wwwwC)C, aawwuumu as mml UAUaa4: tu C •� Ri V C0 U i 10 10 O t- 0i kn "o N - � N M %10 N M••� Vl ON r- M N N M N O) M �o It t` 00 M M N i 000 001 l� c� 0�1 od C r d M I, M M O t- M �O O, d'I kn M kn ON t` O to r` 00 d M kn A '• N r` O d -- N to d M O N M 1° 00 N N N N N M N N-•- a0 - C` -• 01 00 O O N 00 N [- N N N -+ F. 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N . o N 0 0 0 .�. a) 0 N 0 G� 0 0 2 0 0 N 0 ay 0 2 0 0 N 0 O O cc a AUUUUUUUUUUUr�a;xxw�cvi�n w 2 N O N O O O •-+ N O O O O O O O O O O O O O O .--� .--� N N M -n 10 10 l� O N M I• kn 00 a; ,--� N M �' kn (� a1 p1 ON ON O1 N O LO N O) f0 0 Q 0 0 N N d Ud 0) U y M ca _ r J ti w N O r N N N to U >, > C13 (D 2 � � Conservation and Coastal Management Element (COME): Environmental staff has evaluated the proposed PUD for compliance with the CCME. Environmental review staff has determined the Hacienda Lakes PUD may be found consistent with the Future Land Use Element and Conservation and Coastal Management Element of the Collier County Growth Management Plan, as would be amended by companion petition CP- 2006 -11. 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 Collier County Growth Management Plan as discussed above and as further limited in the Zoning Review Section to analysis of FLUE Policy 5.4. 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 if the conditions recommended by staff are adopted as part of any approval. 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: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental conditions contained in Exhibit F of the PUD document. Please refer to the EAC staff report for details about this project's environmental issues. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Exhibit F of the MPUD ordinance. Zoning Services Review: The Master Plan shows the areas proposed for development provided in the Land Use Summary and Legend shown on the Master Plan. Additionally, right -of -way areas are generally depicted. Due to the size of the project and the length of time for build out pursuant to the DRI, building orientation, location and other details are not shown on the Master Plan, but typical drawing have been provided in the PUD document for the various residential type units. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 6 of 26 July 21, 2011 CCPC Revised: 7/13/11 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses 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. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. The residential Development Standards (Table I) indicate a maximum zoned height of 75 feet would be allowable for multi - family dwellings while other residential uses would be limited to 35 feet to 45 feet in height. Table II for Commercial, Public Facilities, and Care Unit Development Standards also allows uses up to 75 feet of zoned height. Staff compared this project's proposed height to the adjacent Collier Regional Medical Center PUD wherein the Hospital Subdistrict allows structures up to 100 feet in height and the Medical Office Subdistrict that allows a maximum height of 75 feet. Staff also compared this proposed height to the First Assembly Ministries PUD that abuts this site north of The Lords Way. That PUD allows a five story /67 feet zoned building height for certain uses. Zoning Staff could find the proposed MPUD to be compatible and would have no objection to the proposed height for the Commercial area, as it is adjacent to the Medical Center PUD, and for the residential uses ONLY IF the multi - family uses above 45 feet in height are located in the R/MU tract or within 400 feet of the First Assembly PUD. Other areas of the site are not near any project of similar height. The extreme northern and eastern residential tracts are adjacent to rural agricultural zoned tracts. Taller structures are not appropriate in those areas. Additionally, staff is concerned about the proposed "horse stable and related equestrian facilities" accessory use in the residential areas. "Related equestrian facilities" is not defined, therefore staff cannot support that use. Perhaps the horse stable use might be appropriate in certain areas of the site, as alluded to in the description, "Horse stables and related equestrian facilities that complement the MPUD's proximity to the Picayune Strand State Forest." Staff is not comfortable with the limitation of "proximity." Staff is of the opinion that the proposed use would only be appropriate for a tract that is within a specified distance of the Strand. The petitioner proposes that private stables on single family lots that are a minimum 10,000 square feet (or 0.23 acres) be permitted. The LDC strictly prohibits horses in any residential district with the statement: Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. Horses are a permitted accessory use in the Estates zoning district, which is described in the LDC as a zoning district designed "to provide lands for low density residential development in a Hacienda Lakes MPUD, PUDZ- 2006 -AR- 10146 Page 7 of 26 July 21, 2011 CCPC Revised: 7/13/11 semi -rural to rural environment, with limited agricultural activities." However the Estates zoning district further limits the horse use to no more than two horses for each acre. The petitioner's proposed 10,000 square foot horse lot falls far short of the Estates horse allowance, and the petitioner's proposed use does not limit the number of horses that could be kept per lot. Staff could support the horse stable use only if the use was limited to lots that are a minimum of 30,000 square feet, which is more in keeping with the 21,780 square feet allowance per horse in the Estates zoning district. Further, the use should be limited to no more than one horse per lot. The petitioner proposes Recreational Vehicle Parks as a permitted use in the Residential area of the site, as depicted on the site plan. Staff does not believe the Recreational Vehicle use is an appropriate use within a residential subdistrict. The LDC nomenclature, in Section 2.02.02.C, defines a TTRVC as a commercial use, as shown below: Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be constructed to include: C -1, C -2, C -3, C -4, C -5, TTRVC, and commercial components in PUDs. The petitioner proposes to allow all uses permitted by Standard Industrial Classification (SIC) code 7033 which is described as: Establishments primarily engaged in providing overnight or short-term site for recreational vehicles, trailers, campers or tents. The use category includes Campgrounds, Campsites for Transients, Recreational Vehicle Parks, and Trailer Park for Transients. LDC Section 2.03.03.17 sets forth the requirements for a Travel Trailer - Recreational Vehicle Campground (TTRVC) District Use; LDC Section 4.06.06 provides special buffer requirements for the TTRVC Zoning District; LDC Section 5.05.10 includes additional design standards for Travel Trailer and Recreation Vehicle Parks; LDC Section 4.02.0l.A. Table 2.1 includes special setbacks for the TTRVC District also as shown below: TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10 ft. By listing this use within the residential component of this MUPD there is no requirement that the use be governed the requirements of those LDC Section as other commercial RV parks would be governed. This TTRVC zoning district contains requirements for internal street access, screen room facilities, and sanitary facilities, such as trash containers, and pump out facilities. The petitioner has offered to limit the RV use to no more than 12 RV units per acre. Staff has concerns that this density could be well above any adjacent residential density. The petitioner has offered a 25 -foot landscape buffer to separate the RV use from any other residential use. The PUD document is silent as to the components of the buffer. There is no description as to whether Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 8 of 26 July 21, 2011 CCPC Revised: 7/13/11 it will include a wall; there is no mention of what plant materials will comprise the buffer or at r-� what intensity. Staff is concerned that establishing a commercial use - -an RV park, with very few limitations and clarifications within 25 feet of residential uses could create a compatibility issue. Staff does not support the RV use within the Residential Tract. Any RV use should be set aside as its own tract within the commercial area and a labeled as TTRVC use and be subject to all LDC requirements for the uses. Depending upon the location of the TTRVC use within the commercial tract, consideration should be given to also limiting the use to RV units such as Class A motor coaches or park model units. However at this time, staff does not support the RV use within Hacienda Lakes PUD. Staff does not believe the proposed 50 -foot zoned and 60 -foot actual height proposed in the Business District of this PUD is in accordance with the purpose and intent of that district that states, "It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district." The BP Zoning District allows a 35 -foot maximum height and requires 50 -foot front, side, and rear yard setbacks. The petitioner proposes only half that distance for all setbacks -25 feet. In the "Narrative Basis for Approval" provided by the petitioner, the petitioner indicates that the BP tract "will provide a transition of land uses" between the Swamp Buggy facilities and the residential uses. Although staff understands the Swamp Buggy facilities are a unique use and a very intense use, staff does not agree with that statement the BP tract is transitional because the BP Zoning District is part of LDC Section 2.03.04, Industrial Zoning Districts. Industrial zoning districts are usually NOT located adjacent to residential areas. At best, an office use is usually deemed a "transition" between retail and residential uses, but an industrial use is not commonly considered a viable transition to separate any use from a residential use due to the intensity of the industrial uses. An industrial use is more commonly a use for which a transition is required to separate it from residential uses. The applicant is proposing the use Building Construction (Groups 1521 -1542) within the BP tract (IV.A.3.). This use is not included in the allowable uses within the LDC BP Zoning District and should be stricken. The petitioner proposes the use Medical, Dental, and Hospital Equipment and Supplies (Group 5047) within the "R/MU" Residential/Medical Use Tract (R/MU). According to the SIC code manual, this use is located within a general category that allows wholesale distribution of such products. Wholesale uses of this type go beyond the limited scope intended for this limited area around the hospital. Uses in that area are supposed to service the nearby medical community, not reach out to provide service to other county, state and national areas. A use of that size and caliber would be more suitably located within this project's project Business Park area. Thus staff does not support this use and recommends that it be removed from the R/MU tract's list of uses. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 9 of 26 July 21, 2011 CCPC Revised: 7/13/11 Staff recommends that the BP district structures be limited to a maximum of 35 -foot of actual height and all setbacks be required to be a minimum of 50 feet, except boundaries that are shared with residential uses, in which case the setbacks should be increased to 100 feet. Zoning Staff and the County Attorney's office have concerns with the proposed "Land Use Conversion Factors" listed on page 18 of the PUD document. The conversions make it difficult to ascertain the exact scope of the finished project. The conversions add too many variables. The applicant assures staff that the traffic PM Peak Hour Trips limitation that was based upon the projected maximums identified and reviewed in the DRI and PUD document will limit the project's intensity. However, transportation planning staff has indicated that it may not be wise to use a conversion table if using conversion ratios if they will be tied to trips. Different types of commercial uses often have different trip generation rates that are not linear in their conversion (i.e. they are logarithmic; the bigger some commercial developments get, the fewer trips they create per thousand square feet because they become more efficient through the use of transit services). So, if there is a conversion rate between uses, there would also need to be a cap on trip generation based on the most intense use(s). No such cap has been proposed. To date, staff has only supported the use of conversion ratios in conjunction with uses that utilized floor area ratios (FAR) such as commercial tracts within a mixed use planned unit development that is located outside an activity center; hotels, motels and destination resorts; and group housing (LDC Section 5.05.04); and some components of business park developments. In more recent PUD zoning actions, the conversion ratio use was limited to group care facilities being converted to residential uses and vice versa, using some standardized traffic count information to derive the applicable ratios. The petitioner has formulated a requirement to ensure compliance with the conversion ratios on page 19 of the PUD document, under the title, "Site Development or Plat Approval." The section would require the developer to submit a list of trips consumed to date so the project will not exceed the PM Peak Hour Trip allotment. Staff is concerned that, at any given time, the amount and type of allowable development remaining would become indiscernible to staff and the general public. Trying to monitor a development containing the potentially constantly moving numbers would become too difficult. Therefore staff does not support any conversion ratio use for this project other than care units, group housing, and group housing units. Section X of the PUD document needs to be revised such that the responsible party is clearly discernable. Throughout the life of this development, one entity needs to be held accountable to address any issues that arise. The current language needs to be replaced with the following: One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a n Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 10 of 26 July 21, 2011 CCPC Revised: 7/13/11 successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. To summarize, Zoning Staff could find the proposed MPUD to be compatible and complementary to the surround land uses subject to the following conditions of approval: 1) The proposed height for the residential uses above 45 feet in height in the Commercial area shall be located in the R/MU tract or within 400 feet of the First Assembly PUD; 2) Horse stable and related equestrian facilities as accessory use in the residential areas are prohibited; 3) Recreational Vehicles Park use is prohibited; 4) The use Building Construction (Groups 1521 -1542) within the BP tract is prohibited; 5) The BP district structures shall be limited to a maximum of 35 -foot of actual height and all setbacks shall be a minimum of 50 feet, except boundaries that are shared with n residential uses, in which case the setbacks shall be a minimum of 100 feet. 6) The PUD document shall be revised to remove conversion ratios for all uses except care units, group housing, and group housing units. 7) Modify PUD Ordinance Exhibit materials to include provisions /standards for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its interconnected portions of the project. A project of this size and complexity should contain a bicycle /pedestrian and transit master plan that identifies the following: *Connections from each residential neighborhood and commercial development between each component of the project and to the established CR -951 Greenway and the existing or planned transit system; • Expanded transit shelters to accommodate existing and future demand. Staff recommends several transit shelters that are adequately sized and afford seating (Pavilion shelters at a minimum of 20'x20'), protection from the elements, bike racks or storage facilities, and immediate access to the bicycle /pedestrian network. 8) Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential Density, additionally in Exhibit F, List of Owner Commitments and elsewhere as necessary to include statements committing to develop a minimum of 13 residential units in the nearest portion of the adjacent "R ", Residential Tract. [appears only in an asterisked informational note, on pg. 1 of Exhibit A]. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 11 of 26 July 21, 2011 CCPC Revised: 7/13/11 9) Remove the wholesale distribution use (Medical, Dental, and Hospital Equipment and Supplies (Group 5047)) presently proposed in Exhibit A, Permitted Uses for the "R/MU ", Residential/Medical Use Tract. 10) Section X of the PUD document needs to be revised to state the following: One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD/DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. Consider the recommendations presented above, as matters suggesting changes, revisions or other actions, encouraged in support of the project prior to final consideration. With limitations proposed by staff, staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. Deviation Discussion: The petitioner is seeking nine deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E with the petitioners' rationale provided to support each deviation provided in the Narrative & Basis for Approval document that is included in the application material. Deviations are a normal off shoot of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... Deviation #1 seeks relief from LDC Subsection 5.03.02.F.1., related to alteration of ground where a fence or wall is to be installed, which prohibits alteration of existing ground levels for the purpose of increasing the height of a proposed fence or wall, to allow fences or walls to be installed on top of berms. Fence or wall heights shall comply with Deviation #5. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 12 of 26 July 21, 2011 CCPC Revised: 7/13/11 Petitioner's Rationale: The applicant states in his justification that "this deviation is contemplated for the subject property for compatibility with the surrounding land uses and to provide for a taller road noise attenuation barrier to separate vehicular movement on future private and public roadways, as well as to provide for compatibility between the various permitted land uses. This ground alteration in the location of proposed fences and walls provides for an efficient use of the development land area and provides an effective means of minimizing roadway related impacts on land uses adjacent to roadways, whether public or private." Staff Analysis and Recommendation: This deviation would allow the developer to measure fences and walls from something other than what the LDC allows as shown below: Fence and wall design standards in all districts: 1. Measurement offence or wall height: a. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed fence or wall except as provided for in this section and section 4.06.00. b. Determination of ground level. The height of a fence or wall shall be measured from the ground level at the fence or wall location. The County Manager or designee shall determine the ground level for the purposes of measuring the height when it has been determined that the ground level has been altered for the purposes of increasing the height. In such determinations, the County Manager or designee may consider, but is not limited to, the following facts: L General ground elevation of the entire lot. ii. In the case of a lot with varying ground elevations, the average elevation over the length of the fence or wall and at points in the vicinity of the fence or wall. c. The ground elevation on both sides of the fence or wall. In measuring the height, the ground elevation on the side of the fence or wall location that is at the lowest elevation shall be used as a point from which the height is to be measured. This deviation exceeds the intent of deviations that are to allow for PUD dimensional variations. Deviations are not to be used to change how something is measured. The petitioner has sought deviation #5 to allow for increased height of fences or walls; that deviation is the appropriate mechanism to seek approval of taller fences or walls. If the petitioner wants taller fences or walls than what is being sought in deviation #5, then deviation #5 needs to be revised. Therefore, this deviation seems inappropriate. Zonina and Land Development Review staff would recommend DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has NOT demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has NOT demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 13 of 26 July 21, 2011 CCPC Revised: 7/13/11 Deviation #2 seeks relief from LDC Subsection 6.06.013, related to streets in subdivisions, that requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate access easements rather than platted road rights -of way. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Some of the multi - family residential development scenarios provided for in this MPUD are compact in design, and the desire to plat the individual lots necessitates the use of access easements rather than right -of -way tracts as is required by LDC. This deviation from LDC requirements is innocuous given that the internal streets will function more as driveways, similar to condominium projects, and will be privately maintained by the future home owners association. The platting of the lots intended to be sold in a fee simple manner will provide a greater sense of pride in ownership and will be consistent, and compatible with the future, neighboring subdivisions within, and beyond the boundaries of the MPUD. Staff Analysis and Recommendation: The deviation is an oft - sought alternative. The LDC Section 6.06.0l.0 allows developers of any type (zoned) project to seek alternatives pursuant to LDC Section 6.06.01.0 at the time of platting. Those requests must be accompanied by "documentation and justification for the alternate section based on sound engineering principals and practices." These alternative designs are often sought as part of the zoning process so the developer can have some assurances that the proposed Master Concept Plan is viable if the Master Plan siting was calculated using an alternative design. The PUD deviation process provides a way for the petitioner to acquire that assurance without being required to submit the alternative design in compliance with LDC Section 6.06.01.0. Staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. Zoning and Land Development Review staff recommends 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, safetv 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 _ up blic purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Petitioner's Rationale: The petitioner provided the following justification for this deviation: A project of this size may be broken into several communities, with each community potentially providing a variety of residence types, styles and floor plans, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. This deviation is appropriate, and does not negatively affect Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 14 of 26 July 21, 2011 CCPC Revised: 7/13/11 the health and safety, or welfare of the future residents of the development. A reasonable limitation on the number of models (e.g.: not to exceed 60 models for the entire MPUD) has been provided for in the MPUD Document. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional model units. Staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. However, staff suggests that the developer be required to provide documentation at each development order stating how many models are in operation to ensure the total of 60 is not exceeded. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer provide the number of existing model home /units as part of the application material for every development order, 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 10.02.13.13.51, 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." Deviation #4 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height for ground signs as limited in LDC Subsection 5.06.02B.6.b. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is requested primarily for safety and welfare reasons. Given existing traffic conditions on Collier Boulevard, and in anticipation of travel conditions on future public roadways, the requested signage will help motorists identify the entrance location from a distance that is sufficient to allow them to safely gain access to the property. The sign content area for boundary markers to be located in the Residential Tract R may be 15 feet in height rather than 8 feet as limited in LDC Subsection 5.06.02.B.6.b. This additional sign height is deemed necessary due to the elevations of the existing and future public roadways. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some additional signage may be appropriate; however the term "boundary marker" is not a defined term. In order for staff to adequately understand and enforce the provisions of this PUD, the term needs to be clearly defined. In speaking with the applicant's agent, a boundary marker sign is to be a sign located at project corners of roadways. Also, it was explained to staff that the sign copy would be limited to the name of the overall project— Hacienda Lakes —not individual tracts within the overall project. Also the sign copy could include the project's logo. These signs would be in addition to any other signs permitted by the LDC. Staff could support this deviation if the deviation is limited such that the sign copy is limited to the overall project name and its logo, and further limited to placement only on roadways that Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 15 of 26 July 21, 2011 CCPC Revised: 7/13/11 function as arterial or collector roadways, given the potential increased traffic and possible higher speeds of that traffic over a local or a private roadway. These limitations would need to be added into the PUD document. Zoning and Land Development Review staff recommends APPROVAL of this deviation if the limitations noted above are incorporated into the PUD document, 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 "justified as meeting up blic purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 -foot- tall visual screen may be installed as a wall, berm, or wall/berm combination. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is requested to provide for separation screening between the various residential communities that may be created throughout the MPUD, as well as between units as privacy walls. Where associated with existing or future public roadways, or the swamp buggy track within the Attraction Tract, a 20 foot tall visual and sound attenuating screen may be installed as a wall, berm, or wall/berm combination. The LDC limitation of six foot fences and walls do not provide for the necessary screening and sound attenuation desired for the development. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. A twenty -foot high wall seems appropriate given the uses proposed in the Attraction tract. Zoning and Land Development Review staff recommends 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, safetv 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." Deviation #6 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.S., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof would only be required where the Business Park Tract abuts the Residential Tract. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 16 of 26 July 21, 2011 CCPC Revised: 7/13/11 This deviation is appropriate given the specific characteristics of the existing and proposed land uses that would be proximate to the future business park land uses. The required buffer is most appropriate between the Business Park Tract and the Residential Tract, and furthers the intended compatibility assurance that would be achieved through such separation and buffering. The Applicant finds that the land uses permitted in the Attraction Tract would not be susceptible to significant impacts from noise, odor, or glare impacts that may emanate from future business park land uses given that the character of the land uses permitted in the Attraction Tract may be complementary to those land uses that may be developed in the Business Park Tract. The primary land use of the Attraction Tract being periodic swamp buggy and other motorized vehicle competitions may garner fabrication or other mechanical support services from future business park land uses. While the spatial and landscape buffer requirements of the LDC would be upheld, the requirement to construct wall or berm to a height of six feet would not apply to the boundaries of the Business Park Tract abutting the Attraction Tract and Preserve Tract. No land alterations or structures are permitted in the Preserve Tract that would require compatibility buffering from future land uses that may be developed in the Business Park Tract, therefore, no wall or berm is required along this common boundary. Staff Analysis and Recommendation: The Business Park (BP) does not appear to abut any Preserve Tracts. In fact, the abutting tracts are Residential (R) and Public Facilities (PF). The tract also has frontage along The Lord's Way, with the Attraction Tract located on the other side of The Lord's Way. Given the extensive list of potential uses and lack of any detail as to the site design (location of buildings or other appurtenances such as communication towers) and the � information presented in other areas of this staff report, staff cannot support this deviation. Staff does not believe a reduction of the wall requirement would be in keeping with the purpose and intent of the BP Zoning District. Zoning and Land Development Review staff recommends DENIAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has NOT demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has NOT demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #7 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is intended to provide exposure of the residential marketing efforts for communities in the MPUD that lie east of the commercial portion of the Project through off -site real estate signage to be located in the Commercial Tract. This one additional real estate sign, of the height and dimensions of LDC Section 5.06.02 B.2.c., would be more evident to the motoring public either on Collier Boulevard, or on the future extension of Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 17 of 26 July 21, 2011 CCPC Revised: 7/13/11 Rattlesnake Hammock Road. This deviation is appropriate given the distance that the residential development areas are from the major public roadway accesses to the MPUD. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Zoning and Land Development Review staff recommends 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, safetv 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." Deviation #8 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock Road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in Tract C. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until a new sign can be permitted in Tract C. This deviation is consistent with Resolution Number 2011 -57, that approved an after the fact sign variance for the existing Florida Sports Park/Swamp Buggy Races sign. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Zoning and Land Development Review staff recommends 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, safetv and welfare of the community," and LDC Section 10.02.13.B. 51, the petitioner has demonstrated that the deviation is "iustified as meeting public numoses to a degree at least eauivalent to literal application of such regulations." Deviation #9 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is consistent with past approvals for floor area ratios associated with "care units" that provide housing for senior citizens. This deviation will allow for efficiency in design of care unit land uses while providing for the supporting infrastructure and open space within a development parcel. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 18 of 26 July 21, 2011 CCPC Revised: 7/13/11 Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Zoning and Land Development Review staff recommends 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 10.02.13.13.51, 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." FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): - 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. Staff has reviewed the proposed rezone and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. If staffs limitations are accepted, the commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. 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 (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP with the staff recommended limitations. 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. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 19 of 26 July 21, 2011 CCPC Revised: 7/13/11 Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended limitation of staff, the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The developer has proposed that this project will be developed in one, eight-year long phase and has provided the following breakdown (as found in the DRI DO Maps H-2-4): ESTIMATED DEVELOPMENT SCIFIEWLE Stage One Year Residential Single Family Multi-Family Retail Office Business Park school 2412 50 Units 20 units 30 Units 27,500 SF 0Z 3F 0-0 3F 2013 2130 Units log units 100 Units 150,ODD SF 2M SF 0-0 8F 2014 200 Units 100 Units 100 Units 150,000 SF- 25,001) SF 40,000 SF 2D15 250 Units 100 Units 150 Units 0-0 SF 25,000 SF 0.0 SF 21316 250 Units 1 -100 Units I 154 Units 1 0.0 SIF 1 0.0 SF 0.0 SF %0 Units 1 420 Units 1 530 Units I 327,504 8F 1 70,OW SF 40,000 SF ESTIMATED DEVELOPMENT SCHEDULE Stage Two Year Residential Single-Farntly Matti-Family Retail Office Business Part School 2015 25 Units 0 Units 25 Units 0-0 SF 0-0 SF 20,000 SF 919SWents 2016 25 Units 0 Units 25 Units 0.0 SF 0.0 SF 20, OW SF 2017 275 Units 100 units 175 Units 0.0 SF 0.0 SF 20,000 SF 2018 275 Units 100 units 175 Units 0-0 SF 0-0 SF 24,000 SF 2019 210 Units 84 Unift M units 0.0 SF 0-0 SF 20,000 SF 81GUrds 1 2134 Units 526 Units 0 a 100 ,WO SF I .-919—Sft—IK—nt—SH Totals: 1760 Units 704 Units 1,056 Units 327,500 SF 70,000 SF 140,9W SF 919 Students *The 135 Rim hotel is proposed to be developed in Phase One, in 2014. The DRI DO document addresses the phasing of the project as to determinations of any substantial deviation if the phasing schedule is violated, in compliance with Florida Statutes. 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 (with the mitigation provided in the PUD document and the DRI DO) 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 of such regulations. Hacienda Lakes MPUD, PUDZ-2006-AR-10146 Page 20 of 26 July 21, 2011 CCPC Revised: 7/13/11 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 (with the mitigation provided in the PUD document and the DRI DO) 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 of such regulations. Hacienda Lakes MPUD, PUDZ-2006-AR-10146 Page 20 of 26 July 21, 2011 CCPC Revised: 7/13/11 The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies (with the mitigation provided in the PUD document and the DRI DO) 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 of such regulations. Hacienda Lakes MPUD, PUDZ-2006-AR-10146 Page 20 of 26 July 21, 2011 CCPC Revised: 7/13/11 The petitioner is seeking nine deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). 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 has provided an analysis of the deviation requests in the Deviation Discussion portion of this staff report, and is recommending support of Deviations 2, 5, 7, 8 and 9; support with limitations of Deviation 3 and 4; and Denial of Deviations 1 and 6 as explained in the deviation section of this staff report. Rezone Findings: LDC Subsection 10.03.05.1. 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 project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP if staffs conditions of approval n are adopted. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staff's conditions of approval. 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 rezone is appropriate given the existing land use pattern, and development restrictions included in the PUD. 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 there are lands to the west along CR 951 that are also zoned PUD (see Zoning Map). 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 given the current property ownership boundaries. The rezoning does create one isolated pocket; however that site is a state -owned preservation area upon which no development is planned. The proposed uses around this pocket are shown as preserve. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 21 of 26 July 21, 2011 CCPC Revised: 7/13111 The proposed rezone is not necessary, per se; but it is being requested in compliance with � the LDC provisions to seek such the rezone to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without rezoning, the agriculturally zoned tracts could not be developed with the proposed uses or with the proposed property development regulations. The applicant's request is consistent with the proposed GMPA. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed rezone, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. & Whether the proposed change will create a drainage problem; The proposed rezone will not create drainage or surface water problems. The developer of the project will be required to obtain a surface water management permit from the SFWMD prior to approval of a local site development plan. The conceptual master plan identifies the conceptual location of the water management areas which will be a component of the water management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this rezone petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 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 conditions. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 22 of 26 July 21, 2011 CCPC Revised: 7/13/11 10-11 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 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 subject property could be developed within the parameters of the existing 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, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 10,11*1 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The petitioner proposes to develop a large, multi- faceted, mixed use development on 2,262± acres. The new non - residential uses will be located nearer to the intersection of Rattlesnake Hammock and CR 951, which is consistent with the current non - residential use trend in the area, and consistent with the proposed GMPA. Residential uses will be located west of the proposed public right of way reservation in the northern portion of the project and along both sides of the project in the area south of the proposed Rattlesnake Hammock extension. Preserve areas are located on the eastern project perimeter. The overall project density of 0.78 units per acre makes the project a low density project. The project has been evaluated for compliance with the GMP and found to be consistent with the GMP requirements, as amended, if staffs conditions of approval are adopted. 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 community if the staff stipulations are adopted. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 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 Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 23 of 26 July 21, 2011 CCPC Revised: 7/13/11 rezone is consistent with the GMP as it is proposed to be amended 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. Most new development anticipated by the PUD document would require considerable site alteration. 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. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document and the DRI DO. 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): Dwight Nadeau, Planning Manager of RWA began the NIM meeting at 5:30pm. Dwight introduced himself; David Torres, Manager of Hacienda Lakes of Naples, LLC; Richard Yovanovich of Coleman, Yovanovich & Koester, P.A.; and Bob Mulhere of Mulhere & Associates. Collier County Staff — Kay Deselem & Corby Schmidt were also present. Dwight presented a general project overview and provided a fact sheet which included pertinent development information related to residential yield non - residential land use intensities, recreational and attraction land uses, and preservation areas. Dwight provided the current status of the project with respect to future hearing dates for adoption and also explained the process of notifying the surrounding property owners of the Neighborhood Information Meeting (NIM). The following concerns were raised by the property owners and addressed by the applicant and agent team. Preserve Area — How will this development impact wildlife and their horses? Many residents go horseback riding. Will the Agricultural zoning remain the same? David stated, the conservation land would not be affected. Public Agencies are involved, i.e. the Florida Fish and Wildlife Commission are also concerned and would ultimately be the governing party. Affordable Housing — Is there a provision for Affordable Housing? David stated, No, Affordable Housing is not a component of this PUD Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 24 of 26 July 21, 2011 CCPC Revised: 7/13/11 Benfield Corridor — Will the Benfield Corridor start up again and if so, will Hacienda be expected to fund the development. Rich stated, We do not know what the future holds, but we are not required to fund the future roadway. Time line for Construction — Rich stated, they are currently going through State Agency approvals. Construction would begin when the market deemed it appropriate. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this project on June 1, 2011. The EAC voted 5 to 0 to recommend approval subject to the conditions of approval contained in the EAC Staff Report which are listed below: 1) The developer shall submit an updated listed species survey prior to the next Development Order. 2) The developer shall coordinate installation of the Sabal Palm culvert crossings and associated spreader swales with Collier County and the South Florida Water Management District and to occur prior to the first preliminary acceptance. Conditions reflecting those requirements have been included in the PUD document as the recommendation from the EAC was the same for both the DRI and the PUD petitions. Staff and the applicant are of the opinion that it is more appropriate to place these requirements in the PUD document as the issues being addressed are local issues. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on July 6, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ - PUDZ -AR -10146 to the BCC with a recommendation of approval subject to staff's conditions of approval as listed beginning on page 11, and further limited to the following actions on the deviations: Approval of Deviations 2, 5, 7, 8 and 9; Approval with Deviation 3 with the stipulation that the developer provide the number of existing model home /units as part of the application material for every development order; Approval of Deviation 4 with the stipulation that the boundary marker signs shall be limited such that the sign copy is limited to the overall project name and its logo, and further limited to placement only on roadways that function as arterial or collector roadways; Denial of Deviations # 1 and 6. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 25 of 26 July 21, 2011 CCPC Revised: 7/13/11 PREPARED BY: KAY D SELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: (� I�Jjr-� RA ND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 'LL - I 9��- /' - LIAM D. LO NZ, , P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: r " ' �...& ASAL G IDA, DE, MIN TOR GROWTH MANAGEMENT ISION 751/ DATE -7- � - ( f DATE 07. /Z -Zal! DATE DATE Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting Hacienda Lakes MPUD, PUDZ - 2006 -AR -10146 July 21, 2011 CCPC Revised: 7!7!11 Page 26 of 26 Cor Cn-r�.-r�.ty Ape- PUDZ 10146 REVIEW MEMORANDUM To: Kay Deselem, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner David Weeks, AICP, Planning Manager Comprehensive Planning Section, Land Development Services Department, Growth Management Division — Planning & Regulation Date: July 12, 2011 Subject: Future Land Use Element (FLUE) and Conservation and Coastal Management Element (CCME) Consistency Review PETITION NUMBER: PUDZ- 2006 -AR -10146 PETITION NAME: Hacienda Lakes Mixed -Use Planned Unit Development (MPUD), as a Development of Regional Impact (DRI) This PUDZ is just one leg of the trio of petitions comprising the Hacienda Lakes proposal. The Hacienda Lakes project team also submitted companion DRI- 2006 -AR -10147 for the development impacting the region, and CP- 2006-11 for amendments to the Future Land Use Element (FLUE) and Conservation and Coastal Management Element (CCME). SUBJECT SITE FUTURE LAND USE DESIGNATIONS: The County's Future Land Use Map designates [approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District ( RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. The balance of the site has the future land use designations of the Urban Residential Fringe (URF) Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these designations are located in the FLUE and the CCME of the Growth Management Plan. The Hacienda Lakes MPUD application has been reviewed within the context of the FLUE and the CCME. In particular, this proposed PUD rezone has been reviewed for its consistency with the URF, MUAC and RFMUD provisions of the FLUE under which this proposed PUDZ is to be approved. The following comments and findings are provided with respect to this application for approval of the Hacienda Lakes MPUD: -I- PUDZ- 2006 -AR -10146 Consistency Review COMPREHENSIVE PLANNING COMMENTS: ANALYSIS OF THE URBAN RESIDENTIAL FRINGE SUBDISTRICT The Urban Residential Fringe Subdistrict is affected by the adoption of companion petition CP- 2006 -11, stating, "Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands." [emphasis added] ANALYSIS OF FLUE MIXED USE ACTIVITY CENTER PROVISIONS The FLUE states, "the Mixed -Use Activity Center concept is designed to concentrate almost all, new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human - scale, to be pedestrian- oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be determined during the rezone process based on consideration of the factors listed below. Mixed -use developments — whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building — are allowed and encouraged within Mixed Use Activity Centers... In order to promote compact and walkable mixed -use projects, where the density from a mixed -use project is distributed outside the Activity Center boundary: (1) the mixed -use component of the project within the Activity Center shall include a minimum of thirty percent (30 %) of the Activity Center - accumulated density; (2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and," A minimum of 17 residential units are proposed to be located in the MUAC No. 7, "C ", Commercial Tract. The MPUD Dwelling Unit Entitlement Summary, provided in the Statement of Compliance, indicates that the Activity Center accumulates 55.0 units of base density [at 1.5:1]. The Activity Center accumulated density is interpreted to mean those residential units generated from the within the southeast quadrant and not those units received from RFMUD Sending Lands. Thirty percent of this Activity Center accumulated density is 16.5, so the proposed 17 residential units are correctly apportioned to within the MUAC. Refer to Exhibit B, Development Standards: Maximum Density and Intensi Section, Residential Density. -2- PUDZ- 2006 -AR -10146 Consistency Review The balance of 38 residential units are required to be located within one -third of a mile from the Activity Center (55 — 17 = 38). This third -of -a -mile area occupies the "R/MU ", Residential/Medical Use Tract and nearest portion of the adjacent "R ", Residential Tract. A minimum of 25 residential units are proposed to be located in the "R/MU ", Residential/Medical Use Tract. Refer to Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential Density. The calculations leave a minimum of 13 residential units to be located in the nearest portion of the adjacent "R ", Residential Tract (38 — 25 = 13). No development standard is currently included in the proposed Exhibit B however, to specifically address these 13 residential units. PUD Ordinance Exhibit materials are to include this item [conveniently in Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential Densi ], additionally in Exhibit F, List of Owner Commitments and elsewhere as necessary]. FLUE Mixed -Use Activity Center provisions go on to require, "(3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian - oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities." Provisions for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its interconnected portions of the project are not part of MPUD Ordinance Exhibits at this time. A number of practices to interpret and implement directive No. (3) established in MUAC are found in the Toward Better Places - The Community Character Plan for Collier County, Florida. The Community Character n Plan features the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming, new urbanism and other contemporary planning practices — now evolved to sustainable development and complete streets. A sampling of those practices that follow from the Community Character Plan (CCP) suggested as applicable to the commercial portion of the project include: Shallow setbacks; A unified architectural theme and parking characteristics; A unified development design and continuity between [within or among] components [pods or tracts]; Pedestrian -scale street lighting, with a unified style and theme; Both pedestrian and bicycle interconnections provided between the commercial and adjoining components; Density blending provisions encouraging a blend of densities, and a range of housing prices and types, in a "delicate gradient" from center to edge. Traditional neighborhood design and the CCP offer ideas that help avoid the problems associated with sprawl. Commercial buildings can be situated with shallow front setbacks and minimal parking in front of the building. Pedestrian walkways surrounding the commercial building(s), with pedestrian scale lighting and landscape plantings can increase safety by effectively separating people from traffic. It is recommended that a design theme be established for the overall development — or a unified theme with common features between and among the different development pods. These design features are required to be consistent throughout commercial use areas and office facilities, and encouraged to be consistent throughout commercial use areas and office facilities outside MUAC No. 7, and residential and non - residential land use areas to be developed. These common features should address building styles, public areas and community facilities, street lighting and signage, and so forth. -3- PUDZ- 2006 -AR -10146 Consistency Review ➢ A sampling of informational resources: ➢ New centers should plan for human beings, not cars, by grouping buildings in closer proximity to form the walls of "outdoor rooms ". Get value from unused space by giving it a sense of enclosure. The highest property values are typically found where there is such a constrained open space. [New Urbanism: Best Practices Guide] ➢ Put an emphasis on the people walking and bicycling and also on public life in general. That means designs start with the people and end with all the other things. Motor traffic and buildings are second priorities. For pedestrians, you'll find 3- miles -an -hour architecture. Everything is detailed and scaled in such a way that one has a glorious time moving at 3 miles per hour. But also we can talk about 50- miles -an -hour architecture, which would be the scale of maybe suburbs, and that scale is really awful to walk and bicycle in because it's not meant to be negotiated at 3 miles per hour. It's made for 50 miles per hour [city planner Jan Gehl] ➢ Pedestrian - oriented and scaled toward human interaction. [Planetizen] ➢ Locate development by concentrating height and mass at nodes and gateways. [Urbanist's Diary] ➢ Incorporate streetscapes by reflecting the architectural character of surrounding buildings (e.g., similar design concepts, window patterns, entry configurations, orientation to the street, exterior materials). A building's scale refers to its perceived size in relation to a person (i.e., human scale) or neighboring structures (i.e., architectural scale). Adjacent buildings sharing human- scaled architectural elements (e.g., windows, doors, porches, vestibules, stoops, awnings at entrance level, other ground -level pedestrian amenities) help establish an inviting, pedestrian- oriented streetscape. Incorporating architectural elements of a human scale into a larger structure's design facilitates a building's integration into a neighborhood with a smaller scale. For instance, on small or narrow sites the massing and design of a building can reduce the perception of its bulk and incompatibility with adjacent structures. [Critical Design Practices: Building Design & Materials] These samplings provide context in order to meet the requirements for human scale development and pedestrian orientation and focus. Staff recommends incorporating a number of these elements in Hacienda Lakes, including terraced setbacks to the upper floors of taller buildings, pedestrian scale lighting and landscape plantings, distribution of parking to two or more sides of buildings, architectural elements defined by each building story, and so forth. Incorporating a number of these requirements may necessitate that additional conditions be applied to the approval of the MPUD, while others may be added to the MPUD Ordinance exhibits themselves. As one example, the proposed building heights of 75 ft. [zoned] and 85 ft. [actual] — if left as proposed — do not meet the required human scale aspect of this provision for the portion of the project within the Activity Center. Staff observes and recommends: ❖ The MPUD Ordinance Exhibit B, Development Standards, Table I, Residential Development Standards, Note No. 4 states, "[t]wo or three story multi- family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below." Maximum (zoned) heights for these residential building types range from 35 ft. to 45 ft. and 75 ft. depending on specific structure type. Staff suggests n -4- PUDZ- 2006 -AR -10146 Consistency Review terraced setbacks for the upper floors of taller buildings, and recommends adding another note to state �. that `[m]ulti family structures of more than three stories shall have terraced setbacks on street fronting sides. Terraced setbacks shall be measured from the ground floor exterior wall, then from the next higher set back exterior wall, as long as a minimum 6-foot building wall setback is provided on every second story above two stories', or something comparable (different setback distance allowing for viable arcades, balconies, etc.; different starting point; different intervals; applicable percentage; etc). ❖ The MPUD Ordinance Exhibit B, Development Standards, Table II, Commercial, Public facili , and Care Unit Development Standards proposes no special provision[s] or notation[s] addressing terraced setbacks. Maximum (zoned) heights for commercial building types are 75 ft.. Staff suggests terraced setbacks for the upper floors of taller buildings, and recommends adding a note to state that `[ c]ommercial structures, office buildings or other structures permitted in the "C ", Commercial Tract of more than three stories shall have terraced setbacks on street - fronting sides. Terraced setbacks shall be measured from the ground floor exterior wall, then from the next higher set back exterior wall, as long as a minimum 6-foot building wall setback is provided on every second story above two stories', or something comparable (different setback distance allowing for viable arcades, balconies, etc.; different starting point; different intervals; applicable percentage; etc). ANALYSIS OF THE BUSINESS PARK SUBDISTRICT The Business Park Subdistrict is affected by the adoption of companion petition CP- 2006 -11, stating, "When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element, except that a Business Park in Section 14, Township 50 South, Range 26 East may have access to an arterial road via The Lords Way." �N, LOCATION OF SUPPORT MEDICAL USES In certain land areas designated as Urban, the FLUE provides for support medical uses as follows: "Support medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies - provided the dominant use is medical related and the site is located within 'A mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital." This MPUD Exhibit proposes Principal Use No. 9, "Medical, Dental, and Hospital Equipment and Supplies (Group 5047) for the "R/MU ", Residential/Medical Use Tract. The SIC Use Group categorizes this use as the wholesale distribution of such products. Wholesale distribution uses are not consistent with the use groups identified in this FLUE provision, however, and are too dissimilar to be allowed as support medical facilities. Remove this inconsistent listing and restructure appropriately. COMMERCIAL DEMAND ANALYSIS Demand for commercial development is virtually absent by the project team's re- submittal of the same market study presented for transmittal of the companion CP- 2006 -11. The following findings were determined at that time and remain valid points for consideration: • A sufficient amount of existing commercial development to meet demand is currently [available] within the PUDZ application's defined market area. A suEplus amount of floor area and acreage of potential commercial development space (vacant land designated as commercial & vacant land zoned commercial) is presently approved to meet demand. -5- PUDZ- 2006 -AR -10146 Consistency Review • The shared, or competing market area (or areas), from nearby commercial [and commercially - planned] locations lying outside the selected market area are disregarded. The lack of consideration for shared and Al—N, competing market areas is a critical shortcoming in the assessment of marketplace dynamics and leaves gaps in the analysis. • Little or no attention is afforded to the development potential and market dynamics of Rural Villages in the Rural Fringe Mixed Use District ( RFMUD). These factors influence the project's market area nonetheless. Development of Rural Villages, which include commercial components expected to meet an amount of commercial demand, is encouraged and expected in RFMUD Receiving Lands. The regional influences of the commercial, office and business park components of the Hacienda Lakes project are dismissed by the project team in their proposal for the MPUD. These influences are present even though the project team does not address them. A shortage of commercial land cannot be concluded from the Market and Needs Evaluation. Other factors can be considered such as local physical characteristics, proximity to major similar uses such as the medical center, unified design and strong local desire. These factors should be documented and weighed against the impact on the existing approved acreage and square footage. An oversaturation may lead to market instability, reduced land values and unsustainable rent pricing. ANALYSIS OF FLUE OBJECTIVE 7 AND ITS SUBSEQUENT POLICIES FLUE Objective 7, and subsequent Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were approved on October 26, 2004. This Objective and Policies incorporate certain "Smart Growth" provisions into the FLUE to implement select practices found in the Toward Better Places - The Community Character Plan for Collier County, Florida. The Community Character Plan provides the County with a policy document featuring n the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming, new urbanism and other contemporary planning practices — now evolved to sustainable development and complete streets. In reviewing PUDZ- 2006 -AR -10146 for compliance with FLUE Objective 7 and subsequent Policies derived from the Community Character Plan, staff provides the following analysis: FLUE Objective 7 indicates, "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Policy 7.1 indicates, "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 Hacienda Lakes project has direct access to Collier Boulevard, a major arterial road. The project also develops access, or makes improvements, to The Lord's Way and Rattlesnake Hammock Road, and plays a role in the future development of the Benfield Road Extension. Staff observes and recommends: That MPUD Ordinance Exhibit, Statement of Compliance, Item 10, and DRI Development Order Resolution expand on ` providing for vehicular and pedestrian interconnections with off -site public roadways and adjacent greenways ", as this narrow statement [responding only to Policies 7.1 and 7.6] does not fully explain all the ways the Hacienda Lakes project follows and implements these Policies. Particulars are not explained with regard to the project's mixed -uses within the same buildings; walkable community design attributes; a blend of densities; common open spaces; civic facilities; a range of housing prices and types; vehicular interconnections -6- PUDZ- 2006 -AR -10146 Consistency Review with adjoining neighborhoods and developments, and; internal accesses, loop roads and other design features that reduce vehicle congestion on nearby roads. Policy 7.2 indicates, "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals." Staff defers to Transportation Planning Section review sLaff to consider this matter full. Transportation Planning review staff provided project consistency remarks in consideration of this Policy, indicating the Hacienda Lakes project minimizes the need for new or additional traffic signals. The few that could be allowed would be governed by the Access Management Policy, which seeks to minimize the number of signalized openings on Public roads. Private roads, as always, remain at the discretion (and under the control) of the developer. A proposed PUD commitment limits the maximum distance that a residential unit may be from the commercial center in an effort to minimize the number of vehicular trips within the development, and at the same time maximize the "walkability" of the development in order to promote multi -modal traffic. A radius will be employed in the final PUD document, and [Transportation Planning] staff recommends the same language find its way into the DRI. [paraphrasing] Policy 7.3 indicates, "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 property is configured so that such interconnection points are feasible along the northern boundaries of Hacienda Lakes at no fewer than two locations, along the western boundaries at no fewer than four locations, and along the southern boundaries at no fewer than three locations. The MPUD/DRI Master Plan map set reveals however, that the project limits its utilization of interconnection points available. n The Hacienda Lakes project could be designed to accommodate eventual interconnection with (an) adjoining street(s) [such as Morgan Road and Brandy Lane] to the south. These streets are public roadways or private roads that may potentially become public roadways, and potentially provide the desired access to adjoining neighborhoods and Sabal Palm Road, then on to Collier Boulevard. Such interconnection would also one day, allow individuals residing in the adjoining neighborhoods to access the commercial and office uses, school(s), employment and recreational opportunities located within the Hacienda Lakes project without using Collier Boulevard. This design shortcoming does not offer relief [or future opportunity for relief] to the loading and congestion at the Sabal Palm- Collier Boulevard intersection, and puts the County in the undesirable position of considering Benfield Road extension improvements sooner than later. Staff observes and recommends: Adding commitments and/or provisions in MPUD Ordinance exhibits to subsequently plat southerly interconnection points between rights -of -way from internal streets to the southerly property line; and, to construct these platted rights -of -way [or easement reservations] as stub streets, temporary cul -de -sacs, or other functional configurations affording future physical connection. Policy 7.4 indicates, "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 PUDZ proposes different housing configurations and neighborhood arrangements with attached single - family residences, motor courts and pedestrian -only access ways — along with a conventional suburban layout. The project confines its provision of open space to preserve areas found in "P ", Preserve Tracts, and the Junior Deputy League's passive recreational "Camp Discovery" in the "JD" Tract. The "R ", Residential Tracts can accommodate community facilities and recreational uses, but specific amenities have not been presented — other -7- PUDZ- 2006 -AR -10146 Consistency Review than their general locations — to serve individuals residing in each phase or community. Staff observes and recommends: Adding commitments and/or provisions in MPUD Ordinance exhibits to incorporate walkable features and facilities throughout the project; and, to design and construct Hacienda Lakes with these elements. Align the construction/installation of pedestrian [trails, footpaths, seating, etc.], bicyclist [paths, lanes, racks, etc], and transit [shelters, pavilions, etc.] improvements, including lighting and signage in the project, with Section IV, Transportation commitments, in MPUD Ordinance Exhibit F, List of Owner Commitments. Policy 7.5 indicates, "The County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. This policy shall be implemented through provisions in specific subdistricts." The project proposes a number of residential arrangements including the minimum amount of residential units within Hacienda Lakes' quadrant of MUAC No. 7, but does not include residential dwelling units in the same buildings with commercial development. Policy 7.6 indicates, "The County shall explore the creation of an urban "greenway" network along existing major canal banks and power line easements." The project abuts a major canal and lies on both sides of power line easements. Bicycle path and pedestrian walkway features should be provided within Hacienda Lakes without accessibility impediments between residential neighborhoods, non - residential use areas, clubhouses and community use areas, transit stops and any existing or future greenway network. ANALYSIS OF DENSITY BLENDING PROVISIONS The FLUE indicates, "This provision is intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts... within the Rural Fringe Mixed Use District" when certain conditions are met, including: (c) At least 25% of the project must be located within the Urban Residential Fringe Subdistrict. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; Approximately 26% of the Hacienda Lakes project acreage is located within the Urban Residential Fringe Subdistrict. Developed portions of the project will be served with central water and sewer, as indicated in the PUD document. The total project is 2,262 acres; with 625 acres lying within the URF Subdistrict and MUAC No. 7, and 1, 637 acres lying within the Agricultural /Rural, RMFUD Sending Lands. ANALYSIS OF RFMUD SENDING LANDS PROVISIONS The FLUE states, "Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private property owners of lands designated as Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands." The Hacienda Lakes project team requests through companion petition CP- 2006 -11 the transfer to the Urban Designated Area all density derived from TDRs generated within one mile of the Urban Residential Fringe boundary, in accordance with amended limitations in the Density Rating System. -8- PUDZ -2006 AR -10146 Consistency Review Revised allocation sheets must be submitted to track the assignment of base density and TDR credits with n respect to each individual plat, plan or project for this and all future projects within the confines of this MPUD, in a format conducive to LDC provision 2.03.07(D)(4)(g). The subject project straddles the Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District, Sending Lands. Land uses allowed there include: • Agricultural land uses, including farm labor housing • Detached single - family residences, including mobile homes where a Zoning Overlay exists • Multi - family residential units, when clustered • Group homes • Golf courses and driving ranges • Botanical gardens, zoos, and aquariums • Public and private schools • Community facilities, such as cemeteries, places of worship, childcare facilities • Habitat preservation and conservation areas, including incidental staff housing • Parks, open space, and recreational uses • Sporting and recreational camps • Essential services • Earthmining, oil extraction and processing GENERAL ASSESSMENT, OBSERVATIONS AND REMARKS The proposed feature of a "bicycle /pedestrian system" to be placed "along arterial and collector roads" in the Hacienda Lakes project is incomplete and inadequate. By limiting this system to arterial and collector roads, the stated intent of "connecting all land uses" is not achieved. On the basis of the overall size and configuration of n the project — and given that most thoroughfares in the project are local streets and roads — it is reasonable to expect a network of bicycle and pedestrian ways along local streets and roads. The design and construction of the street -side system should be supplemented by a connecting pathway network [along with public seating, bike racks and storage facilities] that provides for pedestrian and bicycle trips throughout the development. The most applicable features of a "complete streets" all modal and inter -modal circulation system can reasonably be applied. The project developer commits to provide bike racks "in recreational, commercial, and multi - family residential areas ". Again, on the basis of the overall size and configuration of the project, it is reasonable to expect bike racks or storage facilities at every transit stop (i.e., sheltered seating). Furthermore, the transit stops themselves should be connected to the bicycle /pedestrian system and not isolated or inaccessible from one mode to the other. Staff observes and recommends: ❖ The companion DRI Resolution, Development Order, Conclusions of Law section, Energy subsection, Item No. 1B, indicates the "[p]rovision of bicycle racks or bicycle storage facilities in recreational, commercial and multi - family residential areas ." Staff suggests that the project provide racks or storage facilities at additional locations, and recommends adding such facilities at transit stops (i.e., sheltered seating), clubhouses and community use areas, community facilities, and places where bicyclists would move from one mode to another. Some of these locations appear on MPUD/DRI Master Plan maps as symbols shaped as squat pentagrams, or little tents, and labeled as "community recreation/social facilities ". Racks, storage facilities [as well as transit stop shelters] should adhere to the unified development design theme for its component [pod or tract]. -9- PUDZ- 2006 -AR -10146 Consistency Review CONCLUSIONS AND RECOMMENDATIONS: PUDZ- 2006 -AR -10146 may be found consistent with the Growth Management Plan if the proposal is modified as indicated in the conditions below. Staff also provides a number of recommendations to be considered in support of the project. A. Modify PUD Ordinance Exhibit materials to include provisions /standards for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its interconnected portions of the project. In addition to recommendations provided throughout this review for developing at a human scale, being pedestrian- oriented, and interconnecting the project, a project of this size and complexity should contain a bicycle /pedestrian and transit master plan that identifies the following: Connections from each residential neighborhood and commercial development between each [component of the] project and to the established CR -951 Greenway and the existing or planned transit system. Expanded transit shelters to accommodate existing and future demand. Staff recommends several transit shelters that are adequately sized and afford seating (inc. pavilion shelters at a minimum of 20 ft. by 20 ft.), protection from the elements, bike racks or storage facilities, and immediate access to the bicycle /pedestrian network. B. Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards: Maximum Density and Intensi Section, Residential Density, additionally in Exhibit F, List of Owner Commitments and elsewhere as necessary to include statements committing to develop a minimum of 13 residential units in the nearest portion of the adjacent "R ", Residential Tract. [appears only in an asterisked informational note, on pg. I of Exhibit A] C. Remove the wholesale distribution use presently proposed in Exhibit A, Permitted Uses for the "R/MU ", Residential/Medical Use Tract. Consider the recommendations presented under the Comprehensive Planning Comments section in the main body of this memorandum, as matters suggesting change, revision or other action, encouraged in support of the project prior to final consideration. Staff's present recommendations however, are conditional. The three companion petitions are inextricably linked. Changing part of one petition's content will more than likely dictate changes to another petition's content. The same cause and effect relationships exist between the staff recommendations for all three companion petitions. A finding of consistency and an approval recommendation are contingent on the outcomes of companion DRI and GMPA petitions. Additional contingencies are expected to affect each of the components of the Hacienda Lakes proposal with changes during final considerations. FMCTIVE HACIENDA DOCUMENTSIREVISED July 12 PUDZ -06 -10146 Review Memo ,docx -10- PUDZ- 2006 -AR -10146 Consistency Review 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 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 AGRICULTURAL (A), AGRICULTURAL- SPECIAL TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE; 135 HOTEL ROOMS; 140,000 GROSS SQUARE FEET OF BUSINESS PARK OR EDUCATION FACILITY; CONTINUATION OF EXISTING "SWAMP BUGGY" ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS. THE SUBJECT PROPERTY, CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 84 -26, THE SWAMP BUGGY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Hacienda Lakes of Naples, 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: Hacienda Lakes of Naples LLC/PUDZ-2006-AR- 10 146 Rev. 6/28/11 Pagel of 3 SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business park or education facility; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "F" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed. 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 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk day of , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Hacienda Lakes of Naples LLC/PUDZ-2006-AR- 10 146 Rev. 6/28/11 Page 2 of 3 FRED W. COYLE, Chairman n Approved as to form and legal sufficiency: r S . Heidi Ashton -Cicko � Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Owner Commitments CP\ 10- CPS - 01024 \64 Hacienda Lakes of Naples LLC/PUDZ-2006-AR- 10 146 Rev. 6/28/11 Page 3 of 3 EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE± TRACT "R" RESIDENTIAL 11714 447.86 TRACT "R/MU" RESIDENTIAL/MEDICAL USE 25 min.* 38.82 TRACT "BP" BUSINESS PARK 1 35.38 TRACT "C" COMMERCIAL 17 min.* 36.67 TRACT "A" ATTRACTION 1 47.27 TRACT "P" PRESERVE 0 1,544.14 TRACT "PF" PUBLIC FACILITY 0 1.33 TRACT "JD" JUNIOR DEPUTY 2 21.62 TRACT "ROW" PUBLIC RIGHT -OF -WAY 0 72.01 TRACT "S" SCHOOL 0 19.55 Total 1,760 2262.14 *: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. GENERAL PERMITTED LAND USES Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT "R ", RESIDENTIAL PERMITTED USES: Up to 1760 residential units, less units approved by plat or SDP in Tracts R/MU, and Tract C, except as provided for in the land use conversions in Exhibit B. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence; 5. Multi - family dwellings; 6. Recreational vehicle parks (Group 7033), subject to. the criteria contained in Exhibit B, and only in the location depicted on Exhibit C. In no instance shall greater than 290 Recreational Vehicle units be developed in the MPUD. Page 1 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit De elopment\Subtask 5.2 MPUD Application Support\Hearin8s\201 1 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 7. Care Units, Group Housing, Group Housing Unit, each defined in the LDC, and senior housing for persons over age 55, including, but not limited to independent n living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters are prohibited. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be eligible for conversion from residential uses in accordance with the Dwelling Unit Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table Il of Exhibit B. In no instance shall greater than 450 Senior Housing Care Units be developed in the MPUD. 8. Churches (Group 8661), civil and cultural facilities, schools (Group 82), and child or adult day care centers (Groups 8322 and 8351), and shall be approved by the Board of Zoning Appeals (`BZA "). 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, . and screen enclosures, recreational facilities designed to serve the development and n provide essential services; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity (group 6531); 3. Community related recreational facilities and structures including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests; Horse stables and related equestrian facilities that complement the MPUD's proximity to the Picayune Strand State Forest, subject to applicable permitting. This private, non - commercial, accessory use is intended primarily for community stabling for residents, although private stables on single- family lots greater than 10,000 square feet in lot area is permitted. Horse racing, dressage, or horse jumping events open to the public are prohibited. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 2 of 49 (6/28/2011) Q:\ 2005\ 050150.02.03 Hacienda Lakes WUD- DRI -ERP \0005 Mxed Use Planned Unit DevelopmervASubtask 5.2 MPUD Application Support\Hearingsl?011 -6 -28 Hacienda Lakes WUD Ord Exbts (clean).docx III TRACT "R/MU ", RESIDENTIAL/MEDICAL USE PERMITTED USES: Up to 1760 residential units less residential units approved by plat or SDP in Tracts R and Tract C, except as provided for in the land use conversions in Exhibit B. Up to 70,000 square feet of gross floor area of medical related land uses, less professional and medical office land uses approved by plat or SDP in Tract C. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 5. Multi - family dwellings; 6. Care Units, Group Housing, Group Housing Unit, each as defined in the LDC and senior housing for persons over age 55, including, but not limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters are prohibited. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be eligible for conversion from residential uses in accordance with the Dwelling Unit Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B In no instance shall greater than 450 Senior Housing Care Units be developed in the MPUD. 7. Churches (Group 8661); civil and cultural facilities, schools (Group 82), and child or adult day care centers (Groups 8322 and 8351) and shall be approved by the Board of Zoning Appeals (`BZA "). 8. Medical, Dental, and Hospital Equipment and Supplies (Group 5047); 9. Drug Stores and Proprietary Stores (Group 5912); 10. Health Services, (Groups 8011 -8049, 8051 -8059, 8071 -8072, 8082, and 8092 - 8099); 11. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 3 of 49 (6/28/2011) Q:\20051050150.02.03 Hacienda Lakes MPUD- DRI- ERM0005 Mixed Use Planned Unit Dev lopment\Subtask 5.2 MPUD Application Suppon\14earirk"O11 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development and provide essential services; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing; 3. Community related recreational facilities and structures including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests; IV TRACT "BP" BUSINESS PARK PERMITTED USES: Up to 140,000 square feet of gross floor area of business park or school land uses. However, the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park is used based on the land use conversions in Exhibit B. Tract `BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or an educational facility. If the Tract is developed as an educational facility, only those uses permitted in Section XI below shall be allowed. Should the 35.38 acre tract be proposed for development as a business park, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Aircraft and parts (groups 3721 - 3728); 2. Apparel and other finished products (groups 2311- 2399); 3. Building construction (groups 1521- 1542); 4. Business services (group 7311); 5. Communications (groups 4812 -4899, including communication towers limited in height to 100 feet); 6. Construction: Special trade contractors (groups 1711- 1799); 7. Depository and non - depository institutions (groups 6081, 6082); 8. Drugs and medicines (groups 2833 - 2836); 9. Eating places (group 5812, not including fast foods, walk -up windows and drive - thru restaurants); 10. Educational services (groups 8221- 8299); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 4 of 49 (6/28/2011) Q:\ 2005\ 050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 11. Electronics and other electrical equipment manufacturing (groups 3612- 3699); 12. Engineering, accounting, research, management, and related services (groups 8711- 8748); 13. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099); 14. Furniture and fixtures manufacturing (groups 2511- 2599); 15. Government offices/buildings (groups 9111 -9222, 9224 -9229, 9311, 9411 -9451, 9511- 9532,9611- 9661); 16. Health services (groups 8011- 8049); 17. Industrial and commercial machinery and computer equipment (groups 3511- 3599); 18. Industrial inorganic chemicals (groups 2812 - 2819); 19. Job training and vocational rehabilitation services (group 8331); 20. Leather and leather products (groups 3131- 3199); 21. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812- 3873); 22. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092,8093); 23. Miscellaneous manufacturing industries (groups 3911- 3999); 24. Motion picture production (groups 7812- 7819); 25. Motor freight transportation and warehousing (group 4225, mini- and self- storage warehousing only), subject to the following criteria: i. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right -of -way is prohibited; and ii. Access to individual units whether direct or non- direct must be from the side of the building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted, and v. Storage units shall be utilized for storage purposes only. 26. Paper and allied products (groups 2621- 2679); 27. Plastic materials and synthetics (groups 2821, 2834); 28. Printing, publishing and allied industries (groups 2711- 2796); 29. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 5 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 30. Security /commodity brokers (group 6211); 31. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792,3799); 32. U.S. Postal Service (group 4311); 33. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091, 5092, 5094 -5099) 34, Wholesale trade non durable goods (5111 -5159, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within the MPUD. 5192 - 5199); 35. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals. B. Permitted Secondary Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: 1. Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, 7363, 7371 -7384, 7389) 2. Child day care services (group 8351); 3. Depository and non - depository institutions (groups 6021 -6062, 6091, 6099, 6111- 6163); 4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories /research/rehabilitative groups; 5. Hotels (group 7011, up to 16 hotel units per acre) The maximum floor area ratio for hotels shall not exceed a factor of 0.60; 6. Membership organizations (group 8611); business associations (group 8621); professional organizations (8631); labor unions and similar labor organizations; 7. Personal services (groups 7215 -7231, 7241); 8. Physical fitness facilities and bowling centers (groups 7991, 7933); 9. Professional offices; insurance agencies (group 6411); insurance carriers (groups 6311- 6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices (groups 6712- 6799); attorneys (group 8111); 10. Travel agencies (group 4724). C. Uses Accessory to Primary and Secondary Uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right; n Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 6 of 49 (6/28/2011) Q.\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Developrnwt\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii. Off - street parking shall be as required for a single - family residence. 3. For primary business park uses, retail sales and /or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. V TRACT "C" COMMERCIAL PERMITTED USES: Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross floor area of professional and medical office, less any commercial land uses approved by plat or SDP in Tract R/MU. However, 327,500 square feet of gross floor area of retail related land uses may be exceeded if hotel, professional and/or medical office is converted to retail, and the 70,000 square feet of professional and medical office may be exceed through a reduction of retail land uses based on the land use conversions in Exhibit B. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence);. 2. Multi- family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed -use building; 4. Accounting, auditing and bookkeeping services (group 8721); 5. Adjustment and collection services (group 7322); 6. Advertising agencies (group 7311); 7. Advertising — miscellaneous (group 7319); 8. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752 except outdoor kenneling, 0783); 9. Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7997, 7999); 10. Animal specialty services, except veterinary (group 0752, excluding outside kenneling); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 7 of 49 (6/28/2011) Q:\ 2005\ 050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 11. Apparel and accessory stores with (groups 5611 - 5699); n 12. Auto and home supply stores (group 5331); 13. Automotive dealers, not elsewhere classified (group 5599); 14. Automobile parking (group 7521), garages - automobile parking, parking structures; 15. Automotive repair, services and parking (groups 7513 — 7549); 16. Barber shops (group 7241), except barber schools. 17. Beauty shops (7231), except beauty schools; 18. Boat dealers (5551); 19. Bookkeeping services (8721); 20. Bowling centers, indoor (7933); 21. Building construction — General contractors (groups 1521 — 1542); 22. Building materials, hardware and garden supplies (groups 5211 - 5261); 23. Business associations (group 8611); 24. Business consulting services (group 8748); n 25. Business credit institutions (groups 6153- 6159); 26. Business services (groups 7311 -7353, 7359, 7361, 7371 -7379, 7381 except armored car and dog rental, 7382 -7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service); 27. Cable and other pay television services (group 4841), including communication towers; 28. Care Units, Group Housing, Group Housing Unit, and Assisted Living Facilities, each as defined in the LDC, for persons over age 55, including, but not limited to independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters are prohibited. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 8 of 49 (6/28/2011) Q:L2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -628 Hacienda Lakes MPUD Ord Exbts (clean).docx Such age restricted living facilities shall not be considered residential land uses for the purposes of density, but shall be eligible for conversion from residential uses in accordance with the Dwelling Unit Conversion Factors in Exhibit B. n These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 Senior Housing Care Units be developed in the MPUD. 29. Child day care services (8351); 30. Churches and houses of worship; 31. Commercial printing (2752, excluding newspapers); 32. Civic, social and fraternal associations (group 8641); 33. Coin operated amusement devices, indoor (group 7993); 34. Communications (groups 4812 -4841) including communications towers up to specified height, subject to LDC Section 5.05.09; 35. Construction —special trade contractors (groups 1711 —1793, 1796, 1799); 36. Dance studios, schools and halls; 37. Drug stores (group 5912); 38. Depository institutions (groups 6011- 6099); n 39. Eating and drinking establishments (group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited. 40. Educational services (groups 8221, 8222, 8243 — 8249); 41. Engineering, accounting, research, management and related services (groups 8711- 8748); 42. Food stores (groups 5411 - 5499); 43. Gasoline service stations (group 5541 subject to LDC requirements); 44. General merchandise stores (groups 5311, 5331 - 5399); 45. Glass and glazing work (1793); 46. Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099); 47. Home furniture, furnishing, and equipment (groups 5712 - 5736); 48. Hotels and motels (groups 7011, 7021, and 7041); 49. Insurance carriers, agents and brokers (groups 6311 -6399, 6411); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 9 of 49 (6/28/2011) QA2005 \050150.02.03 Hacienda Lakes MPUD- DRI- ERP\0005 Mixed Use Planned Unit Developrnwt\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 50. Kiosks; 51. Landscape architects, consulting and planning (group 0781); 52. Legal services (group 8111); 53. Libraries (group 8231); 54. Management and public relations services (groups 8741 -8743, 8748); 55. Membership organizations (8611- 8699); 56. Membership sports and recreation clubs, indoor (group 7997); 57. Miscellaneous personal services (7291 or 7299, debt counseling only); 58. Miscellaneous repair services (groups 7622 — 7699); 59. Miscellaneous retail (groups 5912 -5963, 5992 - 5999); 60. Motion picture theaters (group 7832); 61. Motorcycle dealers (group 5571); 62. Motor freight transportation and warehousing (group 4225 mini- and self - storage warehousing only); 63. Museums and art galleries (group 8412); 64. Non - depository credit institutions, and loan brokers (groups 6111- 6163); 65. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713); 66. Paint, glass and wallpaper stores (5231); 67. Passenger car leasing (group 7515); 68. Passenger car rental (group 7514); 69. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291- 7299); 70. Photographic studios (7221); 71. Physical fitness facilities (7991); 72. Political organizations (group 865); 73. Printing, publishing, and allied industries (groups 2711, 2721); 74. Professional membership organizations (group 8621); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 10 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmentlSubtask 5.2 MPUD Application SupponU-Ieerings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 75. Professional sports clubs and promoters, indoor (group 7941); 76. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661); 77. Public or private parks and playgrounds; 78. Public relations services (group 8743); 79. Radio, television, and consumer electronics stores (group 5731); 80. Radio and television broadcasting stations (groups 4832, and 4833); 81. Real estate (group 6512, 6531- 6552); 82. Record and prerecorded tape stores (group 5735); 83. Recreational vehicle dealers (group 5561), excluding adult oriented rentals and sales; 84. Religious organizations (group 8661); 85. Research, development, and testing services (group 8731- 8734); 86. Retail nurseries lawn and garden supply stores (group 5261); 87. Security and commodity brokers, dealer, exchanges and services (groups 6211- 6289); 88. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922- 7929); 89. Tour operators (group 4725); 90. Transportation services (group 4724); 91. Travel agencies (group 4724); 92. United States Postal Service (4311 except major distribution center); 93. Veterinary services (groups 0742, 0752 excluding outside kenneling); 94. Videotape rental (7841), excluding adult oriented rental and sales; 95. Vocational schools (groups 8243 - 8299); 96. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 11 of 49 (6/28/2011) Q:\2005\050150.02.03 Hacienda Ickes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Ickes MPUD Ord Exbts (clean).docx A. Accessory Uses: n Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Eating/ Picnic Area; 3. One (1) caretaker's residence within the C, Commercial Tract; 4. Child care, outdoor play areas. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: a. A minimum five -foot, six -inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. VI TRACT "A" ATTRACTION PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in n part, for other than the following: A. Principal Uses: 1. "Swamp Buggy" race track (group 7948, swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other recreation/entertainment activities (group 7999); 3. Exhibition hall /community center (group 7999) ; 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized vehicle race track only); 7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross race course only); 8. Stadium, training, and practice facilities for professional baseball (group 7941); 9. Administrative offices and supportive service facilities; Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Page 12 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI- ERP\0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility, and service facilities-, 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions, ticketing, bleachers, and other spectator - related facilities; 6. Picnicking and playground areas, as well as areas for camping that may be utilized only three days prior to, during, and three days after a major event weekend; C. Conditional Uses: 1. Fuel storage and related facilities. 11—IN VII TRACT "P" PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; 3. Archaeological sites and associated scholarly research of said sites. Page 13 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmeriASubtask 5.2 MPUD Application support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx VIII TRACT "PF" PUBLIC FACILITY PERMITTED USES: n No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Public safety facilities intended to provide emergency medical, ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. IX TRACT "JD" JUNIOR DEPUTY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking, fishing, boating, camping, picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks; 2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen/plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads, driveways, and pervious and/or impervious parking facilities; 5. Project identification and directional signage; Page 14 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 6. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; 7. Restrooms /bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates, which may include barbed wire; 10. Archery and air rifle range(s). X TRACT "ROW" PUBLIC RIGHT -OF -WAY PERMITTED USES: A public right -of -way tract has been utilized in this MPUD to depict and describe the roadway right - of -way intended to be conveyed to Collier County. The land area associated with this ROW Tract shall be considered a part of the underlying land use tracts (i.e.: Tract C, Tract R, Tract R/MU, Tract JD, and Tract A), where residential density and commercial intensity would be derived. A. Principal Uses: No land improvement, 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: 1. Public road rights -of -way; 2. Public roadways, including, but not limited to, vehicular travel and turn lanes, raised medians (whether landscaped or not), sidewalks, bicycle travel lanes, curbing, storm water drainage facilities and structures, street lighting and traffic signals; 3. Other uses customarily placed in public and private road right -of -way. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Utilities, lighting and stormwater management facilities and structures; 2. Fences and/or walls for buffering; 3. Bus shelters. XI TRACT "S" SCHOOLS PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Schools, public or private, including Educational Services (Group 82). Reference Executive Office of the President, Office of Management and Budget, .Standard Industrial Classification Manual, 1987 Edition Page 15 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (elean).docx B. Accessory Uses: n Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Educational facilities; 2. Parking facilities and signage; 3. Administrative offices and support service facilities; 4. Lighting or storm water management facilities and structures. XII SIGNS: A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development (See Exhibit E, Deviation #4). B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD (See Exhibit E, Deviation #7). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C. (See Exhibit E, Deviation #8) Page 16 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Iiearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (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 in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to either multi- family, senior housing, recreational vehicle units, or single - family land uses relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/MU. 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. Figures 1 thru 9 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, care units, and public facility land uses within the 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. Table III below, sets forth the development standards for the business park land uses and school land uses within the 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. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the 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. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location, and configuration of land improvements shall be defined at either site development plan, or construction plans and plat approval(s). Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a density of 0.78 dwelling units per gross acre. The 1,760 residential units are comprised of 704 single - family units and 1056 multi - family units. Single - family units and multi - family units shall be eligible for conversion from one type to another based on the conversion factors below, but in no event shall the residential unit count exceed 1,760 units. A minimum of 25 residential units shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract C. Page 17 of 49 (6/28/2011) Q: \2005\050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx LAND USE CONVERSION FACTORS 1.0 single- family unit equates to 1.667 multi - family units, or 2.73 Recreational Vehicle units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Care Units (not to exceed 450 Senior Housing Care Units in the entire PUD). 1.0 multi - family unit equates to 0.6 single - family units, or 1.41 Recreational Vehicle units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Care Units (not to exceed 450 Senior Housing Care Units in the entire PUD). Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross floor area of business park land uses, and 135 hotel rooms. In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, 704 single - family units, and 1,056 multi- family units. Should the BP Tract not be developed as a business park but be developed as an educational facility, such facility shall not exceed the maximum 140,000 gross square feet allowed in that Tract. The developer shall be allowed to convert office land uses to retail land uses, or from retail land uses to office land uses, provided only if the converted use is an allowed use in the tract. In no instance shall greater than 50% of the office land use allocation be converted to retail land uses, nor shall greater than 50% of the retail land use allocation be converted to office land uses. The following conversions apply: 1,000 square feet of medical office land use = 928 square feet of retail land uses, and vice versa; 1,000 square feet of general office land use = 399 square feet of retail land uses, and vice versa; The 135 room hotel shall not exceed 92,000 square feet of gross floor area. Hotel rooms shall be allowed to convert to office land uses, and /or business park land uses utilizing the following conversions: One (1) hotel room = 171 square feet of gross floor area of medical office land uses; One (1) hotel room = 396 square feet of gross floor area of general office land uses; One (1) hotel room = 457 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of standard residential units. The development may include in excess of 1,760 residential units if some are developed as care units. Care units may be developed through the conversion of residential land uses. Single- family and multi- family units shall be allowed for conversion to care units based on the Dwelling Unit Conversion Factors, above, including 1.0 single - family dwelling unit equates to 4 single - family style independent living units. In no instance shall greater than 450 Senior Housing Care Units be developed in the MPUD. Page 18 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\IIearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).doex Operational Characteristics for Care Units Care Units may be composed of one or more types of care/housing facilities. These care/housing types include, but are not limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. School Development Standards The development standards for public educational plants and educational facilities, under the purview of the Collier County School Board, shall be defined through Collier County's School Board Review process. All other public or private educational facilities shall be developed in accordance with this document, and the LDC Recreational Vehicle Park Criteria • Any RV Park shall be located in Tract R as generally depicted on Exhibit C, MPUD Master Plan. • In no instance shall greater than 290 Recreational Vehicle units be developed in the MPUD. • The density of the RV park shall not exceed 12 RV units for each acre of the development parcel. • The Lord's way shall be the principal access to Collier Boulevard (CR -951). • A 25 foot landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sian Development Standards • Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area (See Exhibit E, Deviation #4). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. • Any signage proposed for identifying the on -site Swamp Buggy Attraction land use may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. • Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the purposes of providing for signage within the Commercial Tract. Site Development, or Plat Approval • At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses (approved via site n development plan, or plat), and the trips consumed to date. Page 19 of 49 (6/28/2011) Q:\2005\ 050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development \Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ;ETBACK SINGLE ZERO TWO SINGLE- SINGLE - FAMILY MULTI- CLUB RECREAT FAMILY LOT LINE FAMILY/ FAMILY ATTACHED & FAMILY HOUSE/ -IONAL DETACHED DUPLEX ATTACHED/ TOWNHOUSE DWELLINGS REC- VEHICLE TOWNHOUSE ALLEY DESIGN REATION PARKS BLDGS PRINCIPAL STRUCTURES Minimum Lot Area 4,800 SF 4,000 SF 3,500 SF per 1,800 SF per lot 1,650 SF per lot or 1 acre 800 SF per lot unit 10,000 SF space/unit Minimum Lot Width 40' 35' 35' per lot 18'per lot or unit 25'; or 22' for units 150' 35' attached end to end N/A Minimum Distance From 15' 15' 15' 15' 15' 15' 15' MPUD Boundary 15' 20', or 15' 20', or 15' 20', or 15' 20' 5' from LL; 16' 20' 10' with side with side with side from BOC load garages load load garages Front Yard Setback garages N/A Side Yard 6' 0' or 10' 0' or 6 0' or 6' 5' from LL; 0' V. BH 5' when attached N/A Rear Yard 15' 15' 15' 15' 9' from LL on 15' 8' paseo; 5' otherwise N/A From Preserve 25' 25' 25' 25' 25 25' 25' 25 Maximum Zoned Height 35' 35' 35' 45' 45 75' 40' 30' 35' Maximum Actual Height 42' 42' 42' 50' 50' 85' 50' Floor Area Minimum (SF) 1200 SF 1000 SF 1000 SF 900 SF 900 SF 750 SF N/A N/A Minimum Distance 15' or 1/2 10' Between 12' 10' 12' 12' 24' on paseo V. SBH SBH, Principal Structures whichever is greater ACCESSORY STRUCTURES Front SPS SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' SPS 5' 10' SPS From Preserve 10' 10' 10' 10' 101. 10' 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or 10' 0' or 10' N/A 0' or 10' 0' or 10' Minimum Distance 0' OR 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' orl0' 0' or 10' N/A 0' or 10' 0' or 10' Maximum Zoned Height SPS SPS SPS SPS SPS 50' SPS SPS Maximum Actual Height SPS SPS SPS SPS SPS SPS SPS SPS SPS: Same as Principal Structure LL: Lot Line BOC: Back Of Curb Paseo: A pedestrian only access way to and from residences. N /A: Not Applicable BH: Building Height SBH: Sum of Building Heights General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement. Page 20 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes NTUD- DRI -ERP \0005 Nfixed Use Planned Unit DevelopmenASubtask 5.2 WUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes NTUD Ord Exbts (clean).dom Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Firewall protrusions into required yards are permitted up to three (3') feet. 3) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 50 feet. 4) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below. PROI LI Figure 1 Terraced Setbacks Page 21 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE 6' MIN. — FRONT YARD PRINCIPAL STRUCTURE SETBACK —~ ROW - 5' SIDEWALK— BACK OF CURB — PRESERVE 1 ACC. SM. 23' MIN. 15' MIN. t 10' MIN. ACC. STIR. — ACCESSORY STRUCTURE I 1 12' MIN. ' MIN. I PRINCIPAL I STRUCTURE (nP•) I I I — — F20 IN. I _II11 NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single- Family Units 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK MIN. REAR YARD PRINCIPAL RUCTURE SETBACK YARD U10, MIN. I 1 I I 23' MIN. I I I I FRONT YARD PRINCIPAL I ?15. STRUCTURE SETBACK 1 MIN. I ROW —j— s sIDEWALx --- BACK OF CURB 10' MIN. CENTERLINE ---e -- — — ACC. STR. = ACCESSORY STRUCTURE 0' MIN. PRESERVE I 1--0' MIN. SIDE YARD PRINCIPAL 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY — I I STRUCTURE SETBACK STRUCTURE SETBACK I I I FROM PRESERVE I I I 25 FOOT MINIMUM PRINCIPAL I I 15' MIN. RENT YARD PRINCIPAL 1 % yTRARE SETBACK STRUCTURE SETBACK ACC. STIR. FROM PRESERVE I I 1 F i U10, MIN. I 1 I I 23' MIN. I I I I FRONT YARD PRINCIPAL I ?15. STRUCTURE SETBACK 1 MIN. I ROW —j— s sIDEWALx --- BACK OF CURB 10' MIN. CENTERLINE ---e -- — — ACC. STR. = ACCESSORY STRUCTURE 0' MIN. 10' MIN. I 1--0' MIN. SIDE YARD PRINCIPAL 1 I STRUCTURE SETBACK PRINCIPAL I I STRUCTURE (TP -) 1 I I 1 I — I —� —— FRONT YARD PRINCIPAL 20' 7 2'3' �1 STRUCTURE SETBACK _ 1 _MIL I MIN. NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single - Family /Zero Lot Line Units Page 22 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPLJD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Suppott\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).do" 10 FOOT MINIMUM ACCESSORY —. STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE PRESERVE 5' MIN. REAR YARD ACCESSORY w.� STRUCTURE SETBACK I I I 1 l 15' MN. REAR YARD PRINCIPAL I 1 I I r STRUCTURE SETBACK 'm�© 1 MIN. t 1 f I 1 I 1 I PRINCIPAL i STRUCTURE 23' MIN. I I 1 i 1 1 i I 1 i 1 i FRONT YARD PRINCIPAL I I 1 I I I STRUCTURE SETBACK I 1 15' MIN. i 20' ' t I I- RQW — — — 5' SIDEWALK ^ - BACK OF CURB 10' MIN. CENTERLINE — --} — — — — ACC. STR. - ACCESSORY STRUCTURE 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE FRONT YARD PRINCIPAL STRUCTURE SETBACK 5' SIDEWALK BACK OF CURB CENTERL{NE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two - Family Units NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS 6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK PRESERVE 5' MIN . REAR YARD ACCESSORY ST _ _ _ _ RUCTURE SETBACK ^.: T�L1 _ _ � _ � ` _ � 15' MIN. REAR YARD PRINCIPAL I I 1 I I STRUCTURE SETBACK I 12' 1 MIN. ' PRINCIPAL STR 20 MIN. 10' MIN. — ___F — — ACC. SM. — ACCESSORY STRUCTURE Building Massing C--NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS I I I �+-6' MIN. SIDE YARD PRINCIPAL l STRUCTURE SETBACK 1 I NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single - Family and Townhouse Units Units to be attached side by side and arranged in a linear fashion and shall have no more than eight units combined into one structure. Page 23 of 49 (6/28/2011) Q:L005 \050150.02.03 Hacienda Lakes NTLTD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx CENTERLINE— ACCESS y 7 EVMVINT LIVE t OPTIONAL IC PRIVACY 1 I I -I,—TWO CAR GARAGE (TYPICAL) WALL (TYPICAL ALL UNITS) I 1 t ;, ,t 1 1 ' I NO SIDE YARD REQUIRED FOR I ATTACHED PRINCIPAL UNITS 1 I 12' MIN. PRINCIPAL STRUCTURE �--6' FAIN. SIDE YARD PRINCIPAL I (TYP•) I STRUCTURE SETBACK 1 I PRINCIPAL 1 1 IE SETBACK 1 1 ROW — 12O' MIN. — __j — J 5' SIDEWALK -- BACK OF CURB CENTERLINE — — — — ACC. STR. — ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 6 Attached Single - Family and Townhouse Units (Alley Design) (Scenario A) Building Massing Utilization of Scenario A allows for the units to be attached side by side and arranged in a linear fashion and shall have no more than eight units combined into one structure. Page 24 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes NPUD- DRI -ERP \0005 Mixed Use planned Unit Development \Subtask 5.2 MPUD Application Support\14earings\2011 -6 -28 Hacienda Lakes NPUD Ord Exbts (clean).docx �- 4 w LOT LINE w �ja Zn REAR REAR REAR REAR REAR REAR 5' 15' 24' A.E. MIN. P U.E. ' D.E /U.F. W f- w W W W- L.. W w W W W — w 5' I!i t.1 to lA N N 6 !n (n 1!1 (n Q N t I t' IN (TYP.) 26' (TYP.) 31' FRONT FRONT FRONT FRONT FRONT + FRONT. � ALLEY LOT LINE o z o J (TYP.) 'n 71 d I ' jj II FRONT FRONT FRONT I FRONT FRONT } FRONT 24' A.E. I 15' 51- U.E, P.U.E. MI.N. IdIN. — U w U w W w w w w w w w /A.E. e G ❑ c, Q d ❑ o o G ❑ ❑ iREAR REAR REAR REAR REAR REAR I ! PASEO I g � —( -0' PAS EO WA! KWAY REAR REAR RFAR REAR REAP. REAR LOT LINE (TYP.) I - M. 1 1 N. W W W W isl W LJ W W W W w 1 G.' 24' A.E. ❑ G G ❑ ❑ C G G O G O O __ 0 V1 an s 0 v; ,n W 'Ln 0 v. N P,U.E. D.E /U.E. 5' /A.E. i ' I FRO'JT FRC1N�' FRONT f�GNI FRONT FRONT I� l L. i ALLEY I Figure 7 Attached Single - Family and Townhouse Units (Alley Design) (Scenario B) Building Massing Utilization of Scenario B allows for the units to be attached side by side and arranged in a linear fashion and shall have no more than eight units combined into one structure. Page 25 of 49 (6/28/2011) Q:\2005\ 050150.02.03 Hacienda Lakes MPUD- DRI- ERP\0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Suppon\HearinXA2011 -6 -28 Hacienda Lakes NIPUD Ord Exbts (clean).docx ( l PROPERTY BOUNDARY Figure 8 Attached Single - Family and Townhouse Units (Alley Design) (Scenario Q Building Massing Utilization of Scenario C allows the units to be attached side by side, and/or back to back in groups, and generally arranged in a linear fashion and shall have no more than sixteen units combined into one structure. Page 26 of 49 (6/28/2011) Q:\2005\050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development \Subtask 5.2 MPUD Application Support%Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).do" 10 FOOT M1NIMUM r ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCIURE� SETBACK FROM PRESERVE 1/2 BUILDING HEIGHT MINIMUM SIDE YARD PRINCIPAL I STRUCTURE SETBACK TRACT UNE—� ACCESS EASEMEN 5' sic aACK OF PRESERVE I ACC. SIR. ACC. STR. — ACCESSORY STRUCTURE 5' MIN. REAR YARD ACCESS — �STRUCTURE SEfaACK TRACT UNE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 9 Multi - Family Units 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK THE SUM OF THE BUILDING Page 27 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI- ERM0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx TABLE II COMMERCIAL, PUBLIC FACILITY, AND CARE UNIT DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) 25 FEET * ** l0 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 10 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR % THE SUM OF BUILDING HEIGHTS 10 FEET MAXIMUM ZONED HEIGHT 75 FEET 25 FEET MAXIMUM ACTUAL HEIGHT 85 FEET 30 FEET MINIMUM FLOOR AREA — COMMERCIAL MINIMUM FLOOR AREA — CARE UNIT MINIMUM FLOOR AREA — PUBLIC FACILITY 600 SQUARE FEET** 350 SQUARE FEET 1,500 SQUARE FEET N/A N/A N/A MIN. GROSS LEASABLE AREA PER UNIT 600 SQUARE FEET ** 80 SQUARE FEET ** * Whichever is greater ** Not applicable to Care Unit * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement. Note: Any independent living unit (care unit) proposed for development in a single - family type of configuration shall comply with the development standards for single - family land uses set forth in Table I. Page 28 of 49 (6/28/2011) Q:\2005\050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8,000 SQUARE FEET N/A MINIMUM LOT WIDTH 80 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT 25 FEET * ** 10 FEET BOUNDARY) — BUSINESS PARK MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) — SCHOOL 50 FEET * ** 25 FEET ** MINIMUM YARDS (MEASURED FROM MPUD N/A N/A BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR % THE SUM OF 10 FEET STRUCTURES - BUSINESS PARK BUILDING HEIGHTS MIN. DISTANCE BETWEEN SBR, or 18 FEET SBR, or 10 FEET STRUCTURES - SCHOOL MAXIMUM ZONED HEIGHT - BUSINESS PARK 50 FEET 50 FEET MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT — BUSINESS PARK 60 FEET 60 FEET MAXIMUM ACTUAL HEIGHT - SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA BUSINESS PARK 1000 SQUARE FEET N/A MINIMUM FLOOR AREA — SCHOOL SBR, or 350 SQUARE FEET SBR, or 35 SQUARE FEET MIN. GROSS LEASABLE AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/A N/A * Whichever is greater ** Including portable classrooms * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement. SBR: As required through the School Board Review process The Lord's Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the Developer with roadway facilities as generally depicted by LDC Appendix B -4, a Commercial /Industrial typical roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by n the Developer as generally depicted by LDC Appendix B -3, a Local Street typical roadway section. Page 29 of 49 (6/28/2011) Q.\7-005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Suppon\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (cleen).docx TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 ACRE N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) 20 FEET, PLUS 1 FOOT FOR EACH 2 FEET OF BLDG. HT. OVER 50 FEET 20 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 20 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR %2 THE SUM OF BUILDING HEIGHTS* 10 FEET MAXIMUM ZONED HEIGHT 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET ** N/A * Whichever is greater ** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities, which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments to prohibit projectiles from exiting the range area. 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MPUD /DRI Aa i ri i spry Mss MASTER PLAN a�avaa.sm.mnkaem5nm R„5°�SfA%,2E,55 >aE ,SR Ceam ElrcLL h1 M,m, Fhdtlo 23901 12)57 ZP451N fAX: R]EI21 &5118 o )FE c' Viii °c ncN �9oa n a n 1'1m°R; � y N me -ImpTi N i I D N � a N me6, _ RNL Wit{ _µ G or L a u (7D(��''11 Ih A w FNh S� lh er I'+ w N IF �, It �iiim»jj m m N A A N y =r > AP s a � ag €� � � o �^ paj s;� ° P is 'a� o a i 'a iv� Liul i gg S a s s �o ��° ^� z ^- m Fe°g 'A A aaa €3 0 - a "s Corp off- N 1 -�5n- 3 x - - - ---� �_ — — °a €; sFo r_° >4 °a x �moa hos -,ug a £ m o� Mpg F €err s p aP -1 �R" om e9 T"P. RGE ELLwT NI[41ER• MRRai Rio ONA6AR50.5 TGC 27G HACIENDA LAKESOFNAPLESLLC. HACIENDA LAKES D `XT/ \INCPlanving `" OVERALL MPUD/DRI CONSULTING (VavflFzlgin�ing Pwl M�. MPUD /DRI Aa i ri i spry Mss MASTER PLAN a�avaa.sm.mnkaem5nm R„5°�SfA%,2E,55 >aE ,SR Ceam ElrcLL h1 M,m, Fhdtlo 23901 12)57 ZP451N fAX: R]EI21 &5118 EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.8901 1'14"W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S.89 009'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 011'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 °13'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00 014'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 °07'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01 °04'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01 0 18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °14'38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 °01'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 °01'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 °01'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 °51'54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 037'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 048'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 °48'45 "E. ALONG SAID WEST AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; Page 32 of 49 (6/28/2011) Q:\2 005\050150.02.03 Hacienda Lakes MPUD- DRI- ER11\0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application SuppottlHearings\201 1 -6 -26 hacienda Lakes MPUD Ord Exbts (clean).docx THENCE N.00 049'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 150'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 149'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 025'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 047'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27'14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °47'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 °41'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °40'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S.87'26'1 I "W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °30'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 038'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 032'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUT14 LENE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 °38'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 037'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °41'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S.00 026'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 "12'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; Page 33 of 49 (6/28/2011) Q:U005V050150.02.03 Hacienda Lakes MPUD- DRI- ERP10005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Suppoyt\Hearin8s12011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx THENCE S.03 039'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87 °07'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 °07'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR 1451.00 FEET; THENCE N.88 °56'54 "E. FOR 1582.00 FEET; THENCE S.00 °31'35 "E. FOR 1130.61 FEET; THENCE S.89 °15'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE S.00 °37'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 034'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 °41'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 °23'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 022'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 052'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 046'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE S.01 °12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE -POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES +/- PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 028'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 °23'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET �-� TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- Page 34 of 49 (6/28/2011) Q; \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 5.03.02.F.1., related to alteration of ground where a fence or wall is to be installed, which prohibits alteration of existing ground levels for the purpose of increasing the height of a proposed fence or wall, to allow fences or walls to be installed on top of berms. Fence or wall heights shall comply with Deviation #5. Deviation #2 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions, that requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate access easements rather than platted road rights -of way. Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation #4 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #5 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall /berm combination. Deviation #6 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.5., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof would only be required where the Business Park Tract abuts the Residential Tract. Deviation #7 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract. Deviation 48 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and /or a new sign can be permitted in Tract C. Deviation #9 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Page 35 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes NTUD Ord Exbts (clean).docx EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and /or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc. LEGAL A. Access to Parcel "A ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north -south direction from the existing thirty-foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of this PUD B. Access to Parcel "B ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, O.R. Book 928, Page 296, and O.R. Book 287, Page 18. C. No existing public access /roadway easements shall be vacated to preclude access to off -site private and public lands without providing replacement access easements. II ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban (ac) Rural (ac) Project Area 2262.14 625.07 1637.07 On -Site Native Vegetation 1721.97 295.38 1426.59 Less the Native Veg Within Rattlesnake Hammock Ext. 2.02 2.02 0.00 Less the Native Veg Within The Lords Way Ext. 0.42 0.42 0.00 Less the Native Veg Within the Benfield Road Corridor 12.91 5.01 7.90 Less the Native Veg Within Archaeological Preserves 6.07 1.06 5.02 Native Vegetation For Requirement Calculations 1700.54 286.87 1413.67 Percentage for required Native Preserve - 25% It Required Native Vegetation* <921.09 71.71 <849.38 Preserved Native Vegetation ** 1395.35 1 40.81 1352.57 Compensating Native Preserve (2x URF Deficit) ** 1 61.80 Total Preserve Area 1544.14 53.06 1 1491.08 * Native Preserve Requirement (LDC Subsection 2.05.02 2.g.ii.) of 90% within the RFMUD Sending Lands exceeds 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall n be the required Rural native vegetation area. Page 36 of 49 (6/28/2011) Q;\2005 \050150.02.03 Hacienda Lakes MPUD- DRI- ERP\0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx ** Compliance with LDC Subsection 3.05.07 H.1.a., requires native vegetation planting enhancement of a minimum of 12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951 over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may n only occur with County approval, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical /archeological areas are not used to meet preserve requirements because if an archaeological dig is required, then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as "PF" on the MPUD Master Plan (Exhibit Q. The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication, for the purposes of the Emergency Medical Services Impact Fee credit, shall be determined by an appraisal, and the valuation and conveyance shall occur no later than at the time the 500th residential unit is included in a development order request (site development plan, or plat), subsequent to the adoption of the DRI Development Order. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. Page 37 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DeveloprnmASubtask 5.2 MPUD Application Suppon\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request. ") of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Page 38 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support'Rearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx Figure 1— Hacienda Lakes DRI - Commitment I Legend Existing Lanes /Turn Lanes (T - - - -- Lanes /Turn Lanes to be Constructed /Reconstructed ® Roadway Segment to be Constructed Ni Potential Areas to be Developed 0 m NOW at 555�yq x It �r �xrr.� Rattlesnake Hammock Road xtension � 1 Y -- t Residential .I Pod Florida Power Line Easement II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office, and; 50,000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment I), and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment I), and; Required residential uses within Activity Center land use; These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. Page 39 of 49 (6/28/2011) Q'\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx Figure 2 — Hacienda Lakes DRI - Commitment 11 i Leizend Existing Lanes /Turn Lanes $1, Lanes/Turn Lanes to be Constructed /Reconstructed r Roadway Segment Previously Constructed 11 s � �+ Roadway Segment to be Constructed Area Previously Developed ,I Area to to be Developed m i = Potential Area to be Developed m t X Jt p J/ aaa -xa Ij sae IF -0 li Rattlesnake Hammock Road xtension �l � ia0 j t gi Residentialt � = Pod R\ t l Florida Power Line Easement III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value will be based on the date of conveyance. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Page 40 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docc NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Page 41 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support0earings\2011 -6.28 Hacienda Lakes MPUD Ord Exbts (clean).docx rioure d — HnriPnda Lakes DRI - Commitment IV V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: 140,000 Square Feet of Business Park, and; Residential Pod D. These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. Page 42 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD - DRI -ERP \0005 Mixed Use Planted Unit Development\Subtask 5.2 MPUD Application Support\Hewings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way free and clear of all liens and encumbrances and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County as of the date of conveyance. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Page 43 of 49 (6/28/2011) Q; \2005 \050150.02.03 Hacienda Lakes WUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda lakes MPUD Ord Exbts (clean).docx Pod E shall be connected in a consistent manner with the County's right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The cost of this improvement and the fair market value of 50% of the conveyance of the road right of way easement to the County will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. F1eure 6 — Hacienda takes DRI - Commitment VI 7 Florida Power tine Easement x a F y1 i Rts�dendat r�..._. i Rod C �'~ �• . Residential .,• I Pod pP i =, Reslderttlal Pod E The lord's Way h `a {p 9 i 2} Rattlesnake Hammock Road xtenslon t w � � � �4 Residential R tReztdenttai 5 Pod B ,; l# E Pod A } l r$.g q L, U,rend .w� Exrstirg Lanes/lum Canes :_R�- .-- -- --_. IL Lanes/Turn Canes to be Constructed /Reconstructed — Roadway Segment Previously Constructed — Roadway Segment to be Constructed k � Area Prevlously Developed 17; Area to be Developed .--� VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner free and clear of all liens and Page 44 of 49 (6/28/2011) QA2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use planned Unit DevelopmenASubtask 5.2 MPUD Application Support \Hearings\1011 -6 -29 Hacienda Lakes MPUD Ord Exbts (clean).docx encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The date of value of the right of way will be the date of conveyance. The area to be conveyed is depicted in Figure 7, below. Figure 7 — Hacienda Lakes DRI - Commitment Vt1 VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. The area to be dedicated is depicted in Figure 8, below. Page 45 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes WUD- DPI-ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx Figure 8 — Hacienda Lakes DRI - Commitment VIII IX. The Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall either: (1) Convey drainage easement(s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share (as defined in the State of Florida's HB 7207) of impacted County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all impact fees paid to date, the costs of the non site related transportation improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any right -of -way conveyance by donation to the County. The first transportation analysis shall be submitted to the County when 33% of approved development trips (1,109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved Page 46 of 49 (6/28/2011) QA2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. VII PUBLIC UTILITIES A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water -Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water & Sewer District Boundary. The areas that are not part of Collier County Water -Sewer District also do not belong to any other Water -Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. Based on review of the County's GIS system there is an existing 36 -inch water main on CR 951. The water loop connections should be made through this 36" water line. C. Based on a review of the County's GIS system there is an existing 20 -inch force main on Rattlesnake Hammock Road in the vicinity of this development. Flow from this development will be directed into the 20 -inch force main on Rattlesnake Hammock Road and on to the South County Regional Water Treatment Plant ( SCRWTP). n D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield - SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement(s) shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP) for the Hacienda Lakes project. Page 47 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6-28 Hacienda Lakes MPUD Ord Exbts (clean).docx IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than 11:00 p.m. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional water system (now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and /or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets (provided by a licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy track and other non - potable uses. Page 48 of 49 (6/28/2011) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DPd- ERP\0005 Mixed Use Planned Unit DevelopmenNSubtask 5.2 MPUD Application Support\Hearingsk201 I -6 -2g Hacienda Lakes MPUD Ord Exbts (clean).docx X DEVELOPMENT OF REGIONAL IMPACT A. The owner and all future assigns shall adhere to all commitments made in the Development of Regional Impact Development Order No_____, as amended. Hacienda Lakes of Naples LLC is the responsible entity for the development commitments of the Owner and Developer in the DRI and the PUD. Hacienda Lakes of Naples LLC shall only be released from its obligations by providing written notice to the Growth Management Division Administrator of the name and address of the new responsible entity per assignment or transfer, and confirmation that the Administrator has received such notice. Page 49 of 49 (6/28/2011) Q: \2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearinys\2011 -6.28 Hacienda Lakes MPUD Ord Exbts (clean).docx STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JULY 21, 2011 RE: PETITION NO: DRI- 2006 -AR- 10147; HACIENDA LAKES DRI (COMPANION ITEMS: PUDZ-2006-AR- 10 146, AND CP- 2006 -11) APPLICANT /AGENTS: Applicant: Agents: Hacienda Lakes of Naples, LLC Dwight Nadeau Richard D. Yovanovich, Esquire c/o David Torres RWA Consultants, Inc. Coleman, Yovanovich & Koester, P.A. 12600 Biscayne Court 6610 Willow Park Drive, Suite 200 Northern Trust Bank Building Naples, FL 34105 Naples, FL 34109 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting approval of a Development Order for the Hacienda Lakes Development of Regional Impact (DRI) to allow for a mix of residential, commercial (retail and office), hotel, business park and education facility uses as well as the continuation of existing junior deputies passive recreation and existing swamp buggy attraction uses. GEOGRAPHIC LOCATION: The subject property, consisting of 2,262- acres, is located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11 -14 and, 23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida (See the location map on following page) PURPOSEMESCRIPTION OF PROJECT: The petitioner is requesting approval of this Development of Regional Impact (DRI) for Hacienda Lakes to allow development as shown on the table on the following page. Hacienda Lakes DRI, DRI - 2006 -AR -10147 Page 1 of 7 July 21, 2011 CCPC Last Revised: 7/13/11 31VJ5 a LON / if 0 z z O N ols z O f'— Q U O n a ~o ZO a uj O Q a tr U o CL a m Oi1tlh3Y108 tl3111p� � <i Em iuq � 'rJ� S� u IIWMB3100YS h pia z �� 'Su _ 9 3zK tJ l S$ 3 0 z z O N ols z O f'— Q U O i 41 LAND USE SUMMARY (7E3103 . ATGR LAND U -E ACREAGE "C "'. 1('0kfVFRCIAI 34.116+ ACRFS 41COW dERCIAL LhNES EMIUVDERED Eff PUEM ROW TRACT It: ACRES 'A" A-TRACTION 47.27+ ACRES 1Ir RL 13EN I IAL 447.86t ACRLS IDP C J„ SUSINESE PARK OR SCHCO- 35.389= ,ACRES 2013 PRESERVE I_54,14± ACRES "RF" PUBLIC FACILITY 1,33± ACRES J)" JU'NICR DEPU1Y 21.62± ACRES S, F J SCHOOL 19,55± ACRES V , RE IOENTIAL/ME -DI ,L USE 38.82± ACRES ,ROB'' 1PUBLIC ROW EASEMENTS 72.01± P,CRLS TOTAL 2252.14 ± ACRES 1-jr- %WIfi611Y_te IVI.ML 4r Incac iRv t4bLtwm? L%r Y 3 IIL I LINIL P - Vr V Vd *h XGLL:OE THIS ACREAGE WHEN T017ALING PH {QE:T AREA AS I- I8 INCID lEL IM 1HE "ROYr: TILT A. As proposed the project will be developed in one eight -year phase that is to be divided into two stages (2012 -2016 and 2015 -2019 as shown below as an excerpt from Map H -2), with development to begin in 2012. Buildout is projected to occur in 2019. ESTIMATED DEVELOPMENT SCHEDULE St a One Year Residential Sin le-Family Multi-Family Retail Office Business Park School 2012 50 Units 20 Units 30 Units 27,500 SF 0.0 SF 0.0 SF 919 Students 2013 200 Units 100 Units 100 Units 150,000 SF 20,000 SF OA SF 2014 200 Units 100 Units 100 Units 150,000 SF' 25,000 SF 40,000 SF 2015 250 Units 100 Units 150 Units 0.0 SF 25,000 SF 0.0 SF 2016 250 Units 100 Units 150 Units 0.0 SF 0.0 SF 0.0 SF 950 Units 420 Units 530 Units 327,500 SF 70,000 SF 40,000 SF 1 919 Students ESTIMATED DEVELOPMENT SCHEDULE Stage Two Year Residential Single-Family Multi-Family Retail Office Business Park School 2015 25 Units 0 Units 25 Units 0.0 SF 0.0 SF 20,000 SF 919 Students 2016 25 Units 0 Units 25 Units 0.0 SF 0.0 SF 20,000 SF 2017 275 Units 100 Units 175 Units 0.0 SF 0.0 SF 20,000 SF 2018 275 Units 100 Units 175 Units 0.0 SF 0.0 SF 20,000 SF 2019 210 Units 84 Units 126 Units 0.0 SF 0.0 SF 20,000 SF 810 Units 284 Units 1 526 Units 1 0 0 100,000 SF 1 919 Students Totals: 1760 Units 704 Units 1,056 Units 'The 135 Roan hotel is proposed to be developed in Phase One, in 2014. Site Description: 327,500 SF 70,000 SF 140,000 SF 919 Students The total project site is 2262.14± acres, 1700.54+ acres of which contain native vegetation in accordance with the definition in the GMP and LDC. On site native vegetatioi :communities are described in the exhibits attached to the EAC staff report that is included in the back unformation. The project site contains 1,752.72± acres of SFWMD jurisdictional wetlands and 17.58± acres of other surface waters (EIS Exhibit 3). The site plan is designed to preserve the higher quality wetlands on -site which generally lie towards the eastern portion of the project site. The proposed project design will result in 440.02± acres of wetland impacts and approximately 9.65 acres of impact to other surface Hacienda Lakes DRI, DRI- 2006 -AR -10147 Page 2 of 7 July 21, 2011 CCPC Last Revised: 7/13/11 a The balance of the site has the future land use designations of the Urban Residential Fringe (URF) Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these designations are located in the FLUE and the CCME of the Growth Management Plan. This DRI petition is a companion to petition #CP- 2006 -11 which will implement changes to the GMP to accommodate the proposed development. Comprehensive Planning staff has prepared an analysis and recommendation memorandum that has been attached (dated July 12, 2011). To summarize, Comprehensive Planning staff has identified several areas of concern and is recommending that this petition can be found consistent with the GMP if the following issues are addressed in the companion PUD document (PUDZ- 2006 -AR- 10146), as recommended by staff. The developer shall include provisions /standards for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its interconnected portions of the project. A project of this size and complexity should contain a bicycle /pedestrian and transit master plan that identifies the following: • Connections from each residential neighborhood and commercial development between each component of the project and to the established CR -951 Greenway and the existing or planned transit system; and • Expanded transit shelters to accommodate existing and future demand. Staff recommends several transit shelters that are adequately sized and afford seating (Pavilion shelters at a minimum size of 20'x20'), protection from the elements, bike racks or storage facilities, and immediate access to the bicycle /pedestrian network. � DRI DEVELOPMENT ORDER: A summary of some of the key issues that included specific recommendations of the RPC to mitigate the regional impacts is provided below. The issues are divided into regional issues and local issues to conform to the outline of the RPC report. All RPC recommendations have been incorporated into the attached draft DRI Development Order (DO) attached to this staff report and/or the PUD document. REGIONAL ISSUES HISTORICAL AND ARCHAEOLOGICAL SITES: Please refer to page 8 of the draft DRI DO. ENERGY. - Please refer to page 5 of the draft DRI DO. HURRICANE PREPAREDNESS: Please refer to page 9 of the draft DRI DO. SOLID /HAZARDOUS /MEDICAL WASTE: Please refer to page 32 of the draft DRI DO. STORMWATER MANAGEMENT. Please refer to page 11 of the draft DRI DO. Hacienda Lakes DRI, DRI- 2006 -AR -10147 Page 4 of 7 July 21, 2011 CCPC Last Revised: 7/13/11 TRANSPORTATION. Please refer to page 16 of the draft DRI DO. VEGETATION, WILDLIFE AND WETLANDS: Please refer to page 24 of the draft DRI DO. WATER SUPPLYAND WASTEWATER MANAGEMENT- Please refer to page 28 of the draft DRI DO. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN: Please refer to page 35 of the draft DRI DO. LOCAL ISSUES: (These issues are still addressed in the DRI DO) EDUCATION: Please refer to page 33 of the draft DRI DO. POLICE AND FIRE PROTECTION: Please refer to page 30 of the draft DRI DO. RECREATION AND OPEN SPACE: Please refer to page 36 of the draft DRI DO. ADDITIONAL NOTES: During the review of the DRI and PUD projects, County staff has voiced concerns about the aggressive nature of the petitioner's proposed buildout schedule. To staff, given the current somewhat lackluster economy and the forecasted continuance of that economic situation into the future, it seems unlikely that completion of this project within the narrow time frame proposed by the petition can be accomplished. The petitioner will need to defend the buildout schedule before the CCPC. Section 16 of the DRI DO (p. 50) needs to be revised to establish one entity that will be responsible for all aspects of this project as it develops. The statement, "The Commitments may only be assigned by written notice to the Growth Management Division Administrator and confirmation that the Administrator has received such notice needs to be replaced with the following new paragraph: One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this DRI approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing ^ Entity shall provide written notice to County that includes an acknowledgement of the Hacienda Lakes DRI, DRI- 2006 -AR -10147 Page 5 of 7 July 21, 2011 CCPC Last Revised: 7/13/11 commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed - out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this project on June 1, 2011. The EAC voted 5 to 0 to recommend approval subject to the conditions of approval contained in the EAC Staff Report which are listed below: 1) The developer shall submit an updated listed species survey prior to the next Development Order. 2) The developer shall coordinate installation of the Sabal Palm culvert crossings and associated spreader swales with Collier County and the South Florida Water Management District and to occur prior to the first preliminary acceptance. Conditions reflecting those requirements have been included in the PUD document as the recommendation from the EAC was the same for both the DRI and the PUD petitions. Staff and the applicant are of the opinion that it is more appropriate to place these requirements in the PUD document as the issues being addressed are local issues. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition revised on June 27, 2011 and provided the following information regarding review of this petition. The burden falls upon the applicant for the Development Order to prove that the proposal is consistent with all of the criteria set forth below. Criteria for DRI Development Order 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition DRI -2006- AR -10147 to the Board of County Commissioners (BCC) with a recommendation of approval as described by the accompanying resolution, with the stipulation provided previously requiring a change to Section 16. Hacienda Lakes DRI, DRI- 2006 -AR -10147 Page 6 of 7 July 21, 2011 CCPC Last Revised: 7/13/11 PREPARED BY: — CA� '� a&,, KA D ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES WILIAAM D. LORENZ, JR., P.E., RECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK UASALAN( GROWTH MANA yll. , f .� Gad // DATE 6-Z.B -II DATE -/,6-// DATE -7-IL- f DATE Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting Hacienda Lakes DRI, DRI- 2006 -AR -10147 Page 7 of 7 July 21, 2011 CCPC Last Revised: 6/23/11 +C� = =�i r►.Ca-r.�.-tz.ty DRI 10147 REVIEW MEMORANDUM To: Kay Deselem, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner, David Weeks, AICP, Growth Management Plan Manager, Comprehensive Planning Section, Land Development Services Department, Growth Management Division — Planning & Regulation Date: July 12, 2011 Subject: Review — Hacienda Lakes Development of Regional Impact, straddling the Urban Residential Fringe and Rural Fringe Mixed -Use District, east of CR 951 /Collier Boulevard PETITION NUMBER: DRI- 2006 -AR -10147 PETITION NAME: Hacienda Lakes Mixed -Use Planned Unit Development (MPUD), as a n Development of Regional Impact (DRI) This DRI is just one leg of the trio of petitions comprising the Hacienda Lakes proposal. The companion PUDZ- 2006 -AR -10146 for the Mixed -Use Planned Unit Development, and CP- 2006 -11, the GMP amendment petition for amendments to the Future Land Use Element (FLUE) and Conservation and Coastal Management Element (CCME), are under concurrent consideration. The Development Order prepared by the project team parallels the Development of Regional Impact materials. The same considerations should be given to the DRI and the Development Order. COMPREHENSIVE PLANNING COMMENTS: The major elements of the proposed Hacienda Lakes development in its completed form, as part of DRI Question 10, the General Proiect Description, are evaluated as follows: It is not clear how the application took the proposed conversion land uses into consideration, such as the senior living /care facility and recreational vehicle park, for their evaluation. Also unclear is how the more than 38 acres of support medical facilities (such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies) may affect/displace residential development near Collier Regional Medical Center. The Hacienda Lakes' Market and Needs Evaluation does not provide both the primary and secondary trade areas that the proposed shopping center (i.e., commercial uses located in MUAC No. 7) will serve. Even though the proposed Hacienda Lakes development is regional in scope and impact, the application's description of the market area for this commercial center has been limited to a two mile —1— Hacienda Lakes DRI — Substantive Review radial distance from its center. The single market area defined in application materials was evaluated by staff for the companion PUDZ. �-� The evaluation of market conditions revealed an over - allocation of commercial lands, with the market area presently supplying up to six (6) times the existing and potential commercial space needed to meet demand. Market conditions notwithstanding, other factors can be considered such as local physical characteristics, proximity to major similar uses such as the medical center, unified design and strong local desire. These factors should be documented and weighed against the impact on the existing approved acreage and square footage. An over - allocation of commercial lands may lead to market instability, reduced land values and unsustainable rent pricing. The complete evaluation of market conditions appears in the Transmittal Staff Report for companion petition CP- 2006 -11 and is summarized in the review of companion petition PUDZ- 2006 -AR- 10146; refer to those review documents for more information. The major elements of DRI Question 11, the Revenue Generation Summary, are evaluated as follows: Part 1 — Proiections for yearly ad valorem tax receipts, impact fees collected, sales tax received, gasoline tax received and funds from other sources generated as a result of developing the proposed rp oiect Staff recognizes that due to the protracted review process for DRI- 2006 -AR- 10147, many projections and estimates have changed, and do not reflect the most current information available. Table 11 -1 provides the annual ad valorem tax receipt estimates listed by taxing authority. In this Table, the application estimates the Hacienda Lakes project will generate approximately $7.24M through the year 2031. Unincorporated Collier County is projected to receive $476,000 per year after buildout. Projections cannot be validated without a certified tax roll for existing property values, and proposed taxable value additions for years 2013 — 2020 by land use category. Table 11 -2 provides the annual impact fee collection estimates listed by government service, during twenty years of construction and absorption. In this Table, the application estimates the Hacienda Lakes project will generate $51.81M in total impact fees for Collier County, and another $11.11M in school impact fees. The impact fee rates used to calculate the estimated impact fee collections for the project were in effect in February 2010. Since then, the rates have decreased as follows: Road: 42% --- $26,236,000 x 0.58 = $15,216,880 EMS: 25% average residential /32% average non - residential --- $517,000 x 0.75/2 = $193,875 --- $517,000 x 0.68/2 = $175,780 Law Enforcement: 25% residential /33% non - residential - - - $700,000 x 0.75/2 = $262,500 --- $700,000 x 0.67/2 = $234,500 Library: 44% to 66% depending upon land use category --- $892,000 x 0.56/2 = $249,760 --- $892,000 x 0.34/2 = $151,640 Parks: Community 4.7% /Regional 11.9% --- $3,390,000 x 0.953 = $3,230, 670 --- $1,837,000 x 0.881 = $1,658,042 n —2— Hacienda Lakes DRI — Substantive Review Government Buildings: 17% average residential and 25% average non - residential --- $1,882,000 x 0.83/2 = $781,030 --- $1,882,000 x 0.75/2 = $705,750 Water: 10.3% --- $6,889,000 x 0.897 = $6,179,143 Sewer: 7.9% --- $6,735,000 x 0.921 = $6,202,935 School: 50% --- $11,104,000 x 0.50 = $5,552,000 In summary, the amount of revenue collected using current rates would be less than the estimate provided in this DRI proposal. All the data needed for an accurate estimate was not available, but with the amount of information available, an approximate drop to sixty -eight percent (68 %) of previous rates overall, excluding water and sewer, can be calculated. Presented with these updated figures, the Hacienda Lakes project can be realistically expected to generate (a reduced) $40.59M in total impact fees for Collier County, and $5.55M in school impact fees. Certain impact fee calculations do not synchronize with the proposed development phasing listed within Table 11 -5 and the Impact Fee Schedule within Table 11 -8 Also, Table 11 -2 is titled "Annual Ad Valorem Tax Receipts by Jurisdiction, 2012 - 2031" but the table is the impact fee table. The title of the Table is understood to reflect "Impact Fees Generated" from proposed project. Table 11 -3 provides the annual sales tax revenue estimates. In this Table, the application estimates the Hacienda Lakes project will generate approximately $7.88M in total sales tax revenues for Collier County, and $104.06M total sales tax through the year 2031. Collier County is projected to receive $415,000 per year after build -out. Staff cannot validate the application's claims that the 'cost of supplies and materials are 70% of the total cost of construction' and '30% of the taxable construction expenditures are captured within Collier County'. No explanation of the Construction column figures is provided; text explanation is vague. Taxable Retail Sales assumptions for each year, by category are not provided. Table 114 provides the projected annual gas tax revenue figures. In this Table, the application estimates the Hacienda Lakes project will generate approximately $2.19M in total gas tax revenues for Collier County, and $3.16M total gas tax through the year 2031. Collier County is projected to receive $129,000 per year after buildout. Staff cannot validate "Avg. Annual Gallons of Gasoline Consumed" figures. Part 2 — Assumptions used to derive Part 1 projections and estimates, including methodologies and accounting principles used. Staff recognizes that due to the protracted review process for DRI -2006- AR- 10147, many figures have changed [along with the projections and estimates using them as a basis], and do not reflect the most current information available. Table 11 -5 provides the year 2012 through 2019 development program. These figures reflect the annual allocation of development and construction on which other projections and estimates are based. —3— Hacienda Lakes DRI — Substantive Review Table 11 -6 provides the summary of taxable values for the different types of land uses and construction. These figures are the application's basis for the application of millage figures. Staff A10-1-1 notes figures for the Business Park are not included. Table 11 -7 provides the millages for applicable taxing entities. In this Table, the application projects millages assumed to remain constant over the entire projection period. Note that all millage rates have been verified by staff, except the millage rate assigned for the MSTU. Note that the entry labeled 'SJWMD' is understood (presumed) to represent SFWMD millage. Table 11 -8 provides the impact fee collection figures. In this Table, the application projects impact fees assumed to remain the same over the life of the project. These are the figures incorporated to Table 11 -2 for annual impact fee collections. Note that these rates were accurate when the application's data and analysis was under preparation in early 2010. The rates have fallen to approximately sixty -eight percent (68 %) of their previous levels since that time, except for water and sewer. Based upon the economic recession and the elongated, tepid recovery projected, the lower figures should be taken into consideration for gauging the viability of the Hacienda Lakes project. Revenue generation data and analysis is incomplete without the addition of the Business Park under non - residential uses within the Table. Table 11 -9 provides the gas tax rate figures. In this Table, the application projects gas taxes assumed to remain the same over the life of the project. These are the figures incorporated to Table 11-4 for annual gas tax revenues. Appendix 11 -1 provides the source data for addressing Question 11. Source data was spot- checked, assumptions were evaluated and calculations were proofed to find the components of Question 11 reasonable to glean support for the Hacienda Lakes DRI. Numerous examples are present where source data is incomplete, cannot be validated and does not match amounts appearing in individual tables, basic assumptions cannot be substantiated and do not provide reliable support, and figures and calculations using the same figures appearing more than once are not in agreement. A snapshot of additional shortcomings that complicated efforts to prepare an evaluation and recommendation, is as follows: • Property Tax Ad Valorem Millage - 2nd reference to County Millage Rate is redundant • Population - County population and Unincorporated County population do not reflect BEBR figures • Population - Data source is not provided for all population figures • Employment Assumptions -Data source is not provided for Business Park and School • Hotel Assumptions - Assumptions do not reflect local figures (potential source is the Collier County Convention and Visitors Bureau, 2009 Annual Report) • Property Values - Sq. ft. range is not provided for various single - family and multi - family categories The major elements of DRI Question 29, concerning Energy, are evaluated as follows: Page 29 -1 - Response "a ": The proposed feature of a "bicycle /pedestrian system" to be placed "along arterial and collector roads" in the Hacienda Lakes project is incomplete and inadequate. By limiting this system to arterial and collector roads, the stated intent of "connecting all land uses" is not —4— Hacienda Lakes DRI — Substantive Review achieved. On the basis of the overall size and configuration of the project — and given that most thoroughfares in the project are local streets and roads — it is reasonable to expect a network of bicycle and pedestrian ways along local streets and roads. The design and construction of the street - side system should be supplemented by a connecting pathway network [along with public seating, bike racks and storage facilities] that provides for pedestrian and bicycle trips throughout the development. The most applicable features of a "complete streets" all modal and inter -modal circulation system can reasonably be applied. The project developer commits to provide bike racks "in recreational, commercial, and multi - family residential areas ". Again, on the basis of the overall size and configuration of the project, it is reasonable to expect bike racks or storage facilities at every transit stop (i.e., sheltered seating). Furthermore, the transit stops themselves should be connected to the bicycle /pedestrian system and not isolated or inaccessible from one mode to the other. Staff observes and recommends: ❖ The DRI Resolution, Development Order, Conclusions of Law section, Energy subsection, Item No. 1 B, indicates the "[p]rovision of bicycle racks or bicycle storage facilities in recreational, commercial and multi - family residential areas ." Staff suggests that the project provide racks or storage facilities at additional locations, and recommends adding such facilities at transit stops (i.e., sheltered seating), clubhouses and community use areas, community facilities, and places where bicyclists would move from one mode to another. Some of these locations appear on MPUD /DRI Master Plan maps as symbols shaped as squat pentagrams, or little tents, and labeled as "community recreation /social facilities ". Racks, storage facilities [as well as transit stop shelters] should adhere to the unified development design theme for its component [pod or tract]. A comparable analysis of the a "bicycle /pedestrian system" appears in the review of companion petition PUDZ- 2006 -AR- 10146. NOTE: Section 5 is the one location in Development Order materials where proposed language alludes to pedestrian and bicycle systems in neighborhoods, generally. The language should be clarified to specify providing these systems on local streets, augmented by off - street pathways where desirable. CONCLUSIONS AND RECOMMENDATIONS: Based upon the above analysis, Comprehensive Planning staff has determined Hacienda Lakes DRI- 2006 -AR -10146 may be found consistent with the Growth Management Plan if the matters of (in)consistency affecting companion petition PUDZ -2006- AR -10146 are resolved (including the bicycle /pedestrian system issue identified herein). Staff's present recommendations however, are conditional. The three companion petitions are inextricably linked. Changing part of one petition's content will more than likely dictate changes to another petition's content. The same cause and effect relationships exist between the staff recommendations for all three companion petitions. A finding of consistency and an approval recommendation is contingent on the outcomes of companion PUDZ and GMPA petitions. —5— Hacienda Lakes DRI — Substantive Review Additional contingencies are expected to affect each of the components of the Hacienda Lakes proposal with changes during final considerations. In addition, DRI application materials exhibit a number of shortcomings that the Hacienda Lakes project team should be prepared to address in hearing before the CCPC. Staff provides the following observations: The improbable construction and absorption schedules, unsupportive market study, uncertain revenue generation amounts and financial contribution schedules, unrealistic household buying power, and other problem parts of the DRI proposal may preclude certainty from being demonstrated. In reiteration, staff recognizes that due to the protracted review process for DRI- 2006 -AR- 10147, many figures have changed [along with estimates and projections utilizing them as a basis], and do not reflect the most current information available. During the review of the DRI and PUD projects, County staff has expressed concerns about the aggressive nature of the petitioner's proposed buildout schedule. To staff, given the current somewhat lackluster economy and the forecasted continuance of that economic situation into the future, it seems unlikely that completion of this project within the narrow time frame proposed by the petition can be accomplished. The petitioner will need to [be prepared to] defend the buildout schedule before the CCPC. GAMES Planning SenriceslConsistency Reviews1201ITRI - DOAIDRI -2006 AR -10147 Hacienda Lakes MIA= —6— Hacienda Lakes DRI — Substantive Review SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL DATED AS AMENDED BY THE SUFFICIENCY REPORTS DATED JULY 17, 2006, NOVEMBER 13, 2006, JULY 29, 2010, OCTOBER 26, 2010 AND MARCH 7, 2011 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. AFFORDABLE HOUSING (Refer to Appendix I, Section A) Mixed use developments generate both an increase in employment and residential population. It is assumed that a percentage of the workers generated by developments of this nature will be accommodated within the development boundaries as part of the residential population. In the event that this is not feasible, it is the Southwest Florida Regional Planning Council's position that housing be provided off site within a reasonable distance from the development or the applicant may make payment in lieu of providing offsite affordable housing. The residential component of the Hacienda Lakes project incorporates a mix of housing types. To summarize, the applicant's housing analysis indicates there should be no unsatisfied affordable housing demand generated by the proposed project. RECOMMENDATIONS I'M SLIM I . ......... . .............. The housing supply eensidered in the analysis does not inelude any eff-Uh.e. dha might be- developed in the pr-qjeet. It is possible dig senie uftits may ultimately fall into pr-iee ranges will he of -er- able for- the fnederate a 12noi f a , the It � deeisiefis made by subsequent builder4develeper-s E)r- indivi"al evmer-s that might r-eat oF sell thei prepeffies. -1- ■ I IMP RUN ■ ■ _ aMfdable housing as defined in the Collier- GeufAy Gempr-ehensive Plan. This site shall be CO% of the total de el, ablo aefeage of the ,bjeet site at least 60.6 ., in size, by Gellier County. The .,f — .-,table 1,.,,.sing units shall be .1;vide.1 between rental and equity owner-ship to the satisfactien of Collier- County. The appheant fnayFeduee the size of the affer-dable housing 0 if an appropriate number- of ffmiti family units identified by the GeufAy are provided in a mixed use per-tion ef the development and that an to mbe of single F :1. equity owned ,nits othe „f - - " uivao vi Sit@: 2. HISTORICAL AND ARCHAEOLOGICAL SITES (Refer to Appendix I, Section B) The Archaeological and Historical Conservancy performed a Phase One Archaeological Assessment of the Hacienda Lakes Parcel. The Assessment of the Hacienda Lakes Parcel prepared by the -2- iESif. 1111110 FIT ■� 2. HISTORICAL AND ARCHAEOLOGICAL SITES (Refer to Appendix I, Section B) The Archaeological and Historical Conservancy performed a Phase One Archaeological Assessment of the Hacienda Lakes Parcel. The Assessment of the Hacienda Lakes Parcel prepared by the -2- ■� oil �_ ■ 2. HISTORICAL AND ARCHAEOLOGICAL SITES (Refer to Appendix I, Section B) The Archaeological and Historical Conservancy performed a Phase One Archaeological Assessment of the Hacienda Lakes Parcel. The Assessment of the Hacienda Lakes Parcel prepared by the -2- Archaeological and Historical Conservancy was submitted to the Department of State, Division of n Historical Resources (DHR). Based on the information provided, the DHR concurred with the determinations of eligibility for 8CR556, 8CR878, 8CR879, 8CR880, and 8CR881. The DHS also concurred with the recommended avoidance of all recorded sites within the project area. And that the proposed project should be granted clearance but if cultural material is encountered during any ground disturbing activities, further consultation with this office will be required. All five archaeological sites identified within Hacienda Lakes are located in the areas designated Preserve. No additional protection or mitigation of impacts to the sites is proposed. A sixth site is located within a 30 acres out - parcel surrounded by the proposed project site boundary. RECOMMENDATIONS Any DRI Development Order issued by the Collier County Board of County Commissioners shall contain the following provisions: 1) The Owner shall preserve in perpetuity the five archaeological sites 8CR556, 8CR878, 8CR881, 8CR879, and 8CR880 within Hacienda Lakes property and such sites shall be recorded as denoted AP (Archaeological Preserve) on Sheets 3 -12 in the MPUD Master Plan set. Such annotation (i.e., AP, Archaeological Preserve) shall appear on all applicable plats, and development order site plans that may be proffered in the future that are within 50 feet of the five defined archaeological sites. 2) In areas where the archeological sites are located in the vicinity of proposed development, a buffer or conservation easement, a minimum of 25 feet in width shall be preserved, or upon n approval of County equivalent protections, such as temporary fencing or other structural barriers, shall be constructed around the archaeological sites. 3) The five archaeological sites must remain undeveloped. An access easement of 15 feet, outside the conservation easement, around the archaeological sites for potential digs and further study shall be provided by the Owner upon County request at no cost to County. Disturbance to these five protected archaeological sites may only occur with County approval, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. 4) Historical/archeological areas shall not be used to meet preserve requirements. 5) The Developer shall reasonably accommodate the Division of Historical Resource's (DHR) investigation of these sites by allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. 6) If any additional archaeological/historical sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Owner shall contact DHR, SWFRPC, and Collier County so that a state certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. -3- 3. ENERGY (Refer to Appendix I, Section C) The proposed development will be electrically powered and will significantly increase the energy demands of the region. RECOMMENDATIONS Any Master DRI Development Order issued by Collier County shall contain the following provisions: (1) The applicant proposes to include various energy efficient features. Some notable commitments are listed below. • Use of energy efficient features in window design • Use of operable windows and ceiling fans • Installation of energy - efficient appliances and equipment • Prohibitions of deed restrictions or covenants that would prevent energy conservation. • Installation of energy - efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. (2) Provision of a bicycle /pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system is to be consistent with local government requirements. (3) Provision of bicycle racks or storage facilities in recreational, commercial, and multi- family residential areas. (4) Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas, to reduce local air temperatures and reflecting light and heat. (5) Use of water closets with a maximum flush of 1.6 gallons and shower heads and faucets with a maximum flow rate of 2.5 gallons per minutes (at 80 pounds of water pressure per square inch). (6) Selections of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. (7) Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. (8) Planting of native shade trees for each residential unit. (9) Inclusion of porch/patio areas in residential units. (10) Within six months of the county's issuance of a certificate of occupancy for greater than 50,000 square feet of land uses permitted in the Commercial Tract C, the Owner shall construct, at no cost to Collier County one (1) bus stop /shelter within the project, as n generally depicted and provided for within ADA Map O. -4- (11) Deed restricts, covenants, and design guidelines shall include provisions requiring compliance with H through Q. (12) Consideration by project architectural review committee (s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. (13) The development will participate in Collier County's Single Stream Recycling (SSR) program. (14) Air- eendifiening units for- all residential struetffes and all eeBmner-eial StFuetffes shall have ..Seasonal i....Ji SJ i..ia.vivuvy Rua.uig (vLi..R) viz 16 or uzgnvi (21) The developer shall allew not prohibit potential home buyers to select photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy efficient features as an option that is elear -ly listed ; mar-keting fn to. -ials for- all ,,...,e btl of at their own expense. The above conditions shall be reported in the annual monitoring report. (22) Site development shall comply with the Florida Green Building Coalition Certification Standards or equivalent green building standards, if required of all developers by Collier County. 4. HURRICANE PREPARDNESS (Refer to Appendix I, Section D) The Hacienda Lakes Development DRI is located in an area subject to storm surge flooding in Category 1, 2, and 3 hurricanes. This area is within the Category 3 Storm Surge area as depicted n -5- .7 (21) The developer shall allew not prohibit potential home buyers to select photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy efficient features as an option that is elear -ly listed ; mar-keting fn to. -ials for- all ,,...,e btl of at their own expense. The above conditions shall be reported in the annual monitoring report. (22) Site development shall comply with the Florida Green Building Coalition Certification Standards or equivalent green building standards, if required of all developers by Collier County. 4. HURRICANE PREPARDNESS (Refer to Appendix I, Section D) The Hacienda Lakes Development DRI is located in an area subject to storm surge flooding in Category 1, 2, and 3 hurricanes. This area is within the Category 3 Storm Surge area as depicted n -5- on the SLOSH Model for Collier County and is not classified as a high hazard hurricane evacuation area. RECOMMENDATIONS Any Master DRI Development Order issued by Collier County shall contain the following provision The following supplies and equipment shall be purchased by the Developer for Collier County Emergency Management in accordance with its specifications and in some cases sole source provider and delivered in new condition, free on board (FOB) to the Collier County Emergency Services Center. The following contributions above shall be a one -time contribution in full mitigation of all requirements of the current project scope of the Hacienda Lakes DRI: (a) Two (2) new 45kw towable portable generators with heavy duty diesel engine, sound insulated, manufactured by Godwin Pump and Generator to exactly match the supplies, equipment, and power distribution systems approved and currently in use; or near the time of equipment acquisition by the Developer, as approved by the Collier County Emergency Management Department. This is a sole source procurement to ensure compatibility and parallel operations of generators within Collier County's existing fleet and. insure the ability to provide essential emergency portable power to additional evacuation shelter spaces consumed by the increased shelter census created by the Hacienda Lakes DRI. Collier County will assume all maintenance, repair, and replacement of these generators following satisfactory acceptance by Collier County beyond the warranty period. Delivery of the first portable generator shall occur prior to the issuance of the first residential certificate of occupancy. Delivery of the second generator shall occur at the earlier of (i) 24 months from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 300th residential unit within the development. (b) Two (2) new enclosed utility trailers for the storage and transport of the supplies noted above. Collier County will own and maintain these trailers and augment them with other minor disaster supplies in a fashion similar to its current disaster response unit (DRU) shelter supply delivery system. These trailers shall be new, from a Collier County approved list of vendor(s) and be at least 16 feet in length, dual axle load rated at 7,000 lbs. with trailer brakes, with laminate finish interior wall and floor fmish, cabinets, shelving and load secure devices, Florida Department of Transportation approved for highway use, dropdown rear door and curbside door and extended tongue hitch length. At least one of the two trailers noted above must included interior AC wiring, lighting, a generator connection, circuit breaker and roof mounted air conditioning to allow the empty trailer to be used for special post disaster field offices, damage assessment and relief efforts identical to the County's existing fleet of disaster supply trailers. Delivery of the utility trailers shall occur at the earlier of (i) 12 months from the issuance of the first residential certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 150th residential unit within the development. (c) Four hundred and twenty -two (422) new military type adult folding disaster cots n from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and US delivery systems and shall be provided at the earlier of (i) 48 months from the issuance of the first residential certificate of occupancy, or a the issuance of the certificate of occupancy for the 1200th residential unit within the development. (d) Seventy -two (72) new special needs disaster cots from a Collier County approved list of eligible vendors and approved type and style. Said cots shall be compatible with Collier County's existing storage and delivery systems and shall be provided at the earlier of (i) 36 months from the issuance of the first residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy of the 900th residential unit within the development. (e) All deeds to property located within Hacienda Lakes shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited. Mitigation for hurricane evacuation route impacts shall be through implementation of one of the following provisions. (a) the the developer develop within the pfopesed 1.efne,.yffie. -'s ., iations f .. the ptupose of o.lueating +l,o a huff4eane shall evaeuatie -a items: operational . v,lufes fee the waming n damage and te pr-eteet human life. ,,e f;,.atio,, of all s;ao„+s In to the the developer develop order- use eentin — above eane aw enesr mitigation option, and a huff4eane shall evaeuatie -a items: operational . v,lufes fee the waming and ,,e f;,.atio,, of all s;ao„+s visiters pf:ierte dufing huffieane ..efi and a wateh and waming awamness program whieh addresses > huffieane evaettation, iWlemerrtin developed in eeaMinatienwi ; and other- +meal items emergencee as deemed appropriate. The gefaent offieialr ..la shall be r� use this mitigation the final be fiaund by the option, plan must suffleient Feviewing ageneies -) W, -7- IN OW-10- All commitments made by the applicant, within the ADA, and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated in the Collier County Development Order as conditions for approval. 5. SOLID/HAZARDOUS/MEDICAL WASTE (Refer to Appendix I, Section E) The project will increase the solid waste demands in the region. Solid waste generated at the project will be disposed at the Collier County Landfill. RECOMMENDATIONS Any DRI Development Order issued by the Collier County shall contain the following provisions. 1) The applicant will incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volumes by incorporating practices such as conservation, recycling, trash compaction, and mechanical shredding. 2) Any business within the development that generates hazardous waste shall be responsible for the temporary storage, siting, and proper disposal of the hazardous waste generated by such business. 3) The project will be bound by all applicable recycling requirements in effect in the County at the time of the development. 4) Any buildings where hazardous materials or waste is to be used, displayed, handled, generated or stored shall be constructed with impervious floors with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water. 5) Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 6) All hazardous materials must be handled, stored and applied in accordance with applicable regulations. 7) All commercial uses must meet Federal, State and local hazardous materials' compliance requirements. 8) The local fire departments should be informed of any development where natural gas is to be used. 9) There shall be no discharge of medical waste from medical facilities into the sewage systems. 10) Grease traps must be required to comply with local and state codes. Additionally, the captured grease is to be hauled off by a licensed hauler. -8- 6. STORMWATER MANAGEMENT (Refer to Appendix I, Section F) The project is predominately undeveloped wetlands, native uplands, and agricultural lands and is located within the Henderson Creek Basin. Currently, the storm runoff produced from the area between the 170 -foot FPL easement, located north and south along the western portion of the property, and Henderson Creek Canal sheet flows toward the west and ultimately into the canal. North to south sheetflow is diverted east and west at Sabal Palm Road. This sheetflow drains runoff toward both the canal and towards the easterly wetlands. The majority of the storm runoff created from the remainder of the site sheet flows to the east from the predevelopment basin line to the main wetland (labeled as outlet wetland basin) located in the middle of the property. This vast wetland stretches into the project and expands as it moves to the east. According to the FEMA Flood Insurance Rate Map, Panel 610 of 1150 the project is located in a flood zone "X" with no related minimum elevation. The proposed surface water management system will consist of 29 sub - basins, which compose the five basins. There are 29 lakes and at least one control structure per basin. The project lies within the Henderson Creek Basin, which has a maximum discharge rate of 0.15 cfs /acre however the discharge rate will be lowered to 0.06 cfs /acre north of Sabal Palm Road and 0.04 cfs /acre South of Sabal Palm Road to be consistent with the Belle Meade Study. Controlled discharge from basin 1 will be to the large wetland located to the east of the property and to the Henderson Creek Canal. The remaining four basins will discharge to the large wetland located to the east of the property. The master n homeowner association will maintain the stormwater management system. RECOMMENDATIONS Any DRI Development Order issued by the Collier County Board of County Commissioners shall contain the following provisions: 1) The Hacienda Lakes DRI shall require a South Florida Water Management District (SWFMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. 2) The Hacienda Lakes DRI Owner shall procure SFWMD Water Use Permits for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering activities, as determined by the SFWMD, proposed for construction of project lakes and/or road or building foundations. 3) At the time of permit application, the Owner shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. 4) During construction activities, the Developer shall employ best management practices for erosion and sedimentation control. These practices shall be included with or presented on all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. 5) Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall n be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of applicable construction. 6) The final stormwater management plan shall consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales are preferred and shall be used, whenever possible, rather than closed systems. 7) Any banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD and Collier County requirements and shall be planted in native emergent or submergent aquatic vegetation. 8) The Developer shall conduct annual inspections of the Hacienda Lakes Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. 9) The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed stormwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. 10) The Developer shall undertake a regularly (every other month) scheduled vacuum sweeping of all common streets and parking areas within the development, The Developer shall encourage any private commercial parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. 11) In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one -half inch of dry pre - treatment (retention or detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. 12) Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. 13) The grassed stormwater treatment areas shall be mowed as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall be repaired immediately. 14) The best management practices matrix and techniques shall be used in the Hacienda Lakes DRI, consistent with the requirements of the SFWMD. 15) Underdrain systems and grease baffles, if utilized within the Hacienda Lakes DRI, shall be n inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. -10- 11—N 16) Stormwater management system maintenance requirements shall include removal of any mosquito - productive nuisance plant species (e.g., water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as from the lake littoral zones employed in the system. 17) To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia afnis. 18) The Owner shall conduct a predevelopment determination of surface water quality in the portion of the Henderson Creek Canal proximal to the Hacienda Lakes DRI. The water quality parameters of total phosphorous, total nitrogen, biochemical oxygen demand, total suspended solids, lead, zinc, copper, and common lawn care pesticides shall be analyzed by a licensed vendor on a monthly basis at two sampling locations. The water quality monitoring program shall be conducted for an approximate five month period overlapping the dry season and wet season. 19) Measures which will be utilized to mitigate potential adverse effects upon surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRI will include all proven effective best management practices (BMP's) which are appropriate at this Hacienda Lakes DRI. More specifically, these shall include proper timing and minimum applications of fertilizers, pesticides, and herbicides on the common areas of the property. n 20) Best management practices shall also be utilized to mitigate any adverse impacts from stormwater runoff. These BMP's shall include utilization of detention ponds, vegetative systems such as grassed swales, and water quality inlets (e.g. oil/grit separators). 21) The proposed surface water management system shall consist of 5 basins. Controlled discharge from basin 1 shall be to the large wetland located to the east of the property and to the Henderson Creek Canal. The remaining four basins shall discharge to the large wetland located to the East of the property. 22) The following is a summary of the Best Management Practices that will be utilized to accomplish additional water quality treatment beyond what is required by SFWMD: Construction Pollution Prevention Plan outlining construction techniques and maintenance practices to reduce or eliminate the sources of stormwater pollution. i. Urban Stormwater Management Program of non - structural controls intended to improve the quality of stormwater runoff at the source of contaminants. ii. 50% additional stormwater runoff volume to be retained. iii. Phyto- Zones - Basins within the detention areas that provide an area for runoff into the lake to disperse, so as to allow biological pretreatment. iv. Planted Littoral Zone providing increased water quality by removing pollutant by biological uptake of nutrients and other ions. -11- v. Increased Flow Path - Locate inflow and outflow structures to maximize effective treatment time. 23) Spreader Swale use as the last step in the discharge train to provide additional water quality and decrease erosion, based on energy diffusion (spreading of discharge over a grassed weir instead of discharging through a single pipe). 24) The project shall not substantially adversely impact the Rookery Bay National Estuarine Research Reserve. Negative impacts shall be avoided by following all regulations for water quality treatment and water quantity attenuation within The South Florida Water Management District Basis of Review Volume IV. The project shall also go above and beyond the water quality treatment by providing 150% of the required treatment. In addition, the project has been reduced from 0.15 cfs /acre per Collier County Ordinance 90 -10 to 0.06 cfs /acre. 25) Developer shall install several culverts under Sabal Palm Road to improve the sheetflow across the Road from north to south. 26) The master homeowner association shall maintain the stormwater management system. 27) The stormwater management system of the project will be consistent with the recommendations of the SWFRPC with regard to the use of fertilizers and stormwater treatment as described in resolutions SWFRPC 07 -01 and SWFRPC 08 -011, to the extent adopted by Collier County. 7. TRANSPORTATION (Refer to Appendix I, Section G) The development contained within the Hacienda Lakes Development of Regional Impact, when combined with other growth in the area, will necessitate currently uncommitted improvements to the Existing and Committed regional road network. . RECOMMENDATIONS Any DRI Development Order issued by Collier County will contain the fellewift g provisions required by Collier County, a draft version of which was included in the SWFRPC agenda packet as part of the assessment. The applicant agreed to coordinate with FDOT regarding mitigation of impacts to the Strategic Intermodal System. -12- Nwww -0 -12- -13- NOW NOW I WERIN do. flo-M-11 111 11 -13- mir III mp Mw . MI • • a MI OM -13- .. . • -14- 91 MW ._ /_ 9 0 r. -14- ._ /_ 9 0 r. Y. r. Y. -14- r. -14- The neigMefheeds shall be developed with a multi modal stFeet system thm e this , ,,:4...o.ft is .x,04 ef a 1,,....o.- �k�. mom NOW 1k�MiN '�4'MA,��u�eelPAlewi�r�nuta�w N WIPOWM The neigMefheeds shall be developed with a multi modal stFeet system thm e this , ,,:4...o.ft is .x,04 ef a 1,,....o.- ON mom NOW f�AlllillilMiN�lII!1IIAiMyMtlM NII➢11 N WIPOWM The neigMefheeds shall be developed with a multi modal stFeet system thm e this , ,,:4...o.ft is .x,04 ef a 1,,....o.- \ r 0"' mom NOW 0. 1 111 r r I OWN N WIPOWM ■. Men r AR VOI - lowr . . \ r 0"' mom NOW 0. 1 111 r r I OWN r_ r \ r 1 NMI \ Men r AR VOI - lowr . . -15- 1, 1 1 lift WIN T7 ■1Ti7SR!!7l�lS:Efii!7ZSiRTir� 11 r, r MilTv"Mm \_ ■_ r. • . 1 111 _ WPM PC% 11 _ . • will", r _ . Ow 111=1 T7 ■1Ti7SR!!7l�lS:Efii!7ZSiRTir� 11 r, r MilTv"Mm \_ ■_ r. • . ._ .. _ WPM PC% _ _ . • 1� T7 ■1Ti7SR!!7l�lS:Efii!7ZSiRTir� 11 r, r MilTv"Mm \_ r • r. ■ r. T7 ■1Ti7SR!!7l�lS:Efii!7ZSiRTir� 11 r, r MilTv"Mm \_ r • r. r. WPM PC% _ _ . • -16- .. -17- - , . ..... . . ....... • .. - .. _ PFPVMWA FAWATAT11M.TlITTMU MR . .. . _ WON RJOITT. 0-m- .. -17- - , . ..... . . ....... • .. - .. MR .. -17- a -18- • • MM PRION ON I pj..Tr. M.4 _ .. lilt- Y. ' . - MAN&I -18- r. op M ' ■_ • i Y. S -19- \ • . Jug -19- \ • . -19- :M:r_sr_e!�s!!�seee!��!s!e!t� tuming the peak eounts with the mevements at pr-ojeet's aeeess iater-see4ions identified in Table G- poiftts and on e-yAemal foad segments 7, by Collief Geunty. and or- as fequired . - - reseer�. �rss�+stser��: 1) P.M. hour tFaffie tuming the peak eounts with the mevements at pr-ojeet's aeeess iater-see4ions identified in Table G- poiftts and on e-yAemal foad segments 7, by Collief Geunty. and or- as fequired 1) P.M. hour tFaffie tuming the peak eounts with the mevements at pr-ojeet's aeeess iater-see4ions identified in Table G- poiftts and on e-yAemal foad segments 7, by Collief Geunty. and or- as fequired 3) Estimated existing levels 6ESBW1 S- f6l the roads -8H(i 4) Estimated fuWr-e levels of ser-viee and needed improvements for- the r-eads and IKIZ I I 1 *111-11111 Ell IKIZ lit MAJOA&MQUEJUM ' . «. vuuaigvs develepfnefA parameters or- phasing may tfigger- the need to febut th-e to ..eb t the p ption � elye the ..ee,�l F of pfe:eet �.- ..., ,..vu� ..,,v rrv.`�i'iuial...ava, i„uy' ua, viry uiv iivvu ivi u viniiPaii"" 8. VEGETATION, WILDLIFE AND WETLANDS (Refer to Appendix I, Section IT) The project includes approximately 1,721.97 acres of native habitats; including, palmetto prairie, pine flatwoods, live oak, mixed hardwood/conifer, hydric pine flatwoods, pine - cypress wetlands, cypress swamp, hardwood swamp, freshwater marsh, and open agricultural land with varying degrees of exotic infestation. A total of 64 vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the Project site. The dominant vegetation type on the site is Pine /Cypress, Disturbed (FLUCFCS Code 6249). The following listed wildlife species or their sign have been observed on the Project site: Florida panther, wood stork, Big Cypress fox squirrel, Florida black bear, gopher tortoise, snowy egret, little blue heron, tri- colored heron, roseate spoonbill, white ibis, red - cockaded woodpecker, and American alligator. Listed plant species identified on -site include butterfly orchid, stiff - leaved wild pine, giant n airplant, and cowhom orchid. The project site is within the current range of Florida panthers and contains habitat suitable for utilization by panthers and panther prey species. The applicant proposes to implement a panther preserve conservation plan for the project. The preserve conservation plan includes 1,544 acres, consisting of 1,281 acres of wetlands and 260 acres of uplands. A land management plan that details the restoration, long -term management, and cost associated with the long -term management of the restored lands will need to be developed. This plan will need to include a proposed funding mechanism that will generate funds needed for the long -term management. The USFWS suggests the applicant establish through a deposit of funds, a non - wasting account, for example a land trust. The endowment should be held by an experienced, responsible entity. The USFWS recommends using a trust agreement similar to the template agreement for conservation banks. The project site contains 1,752.72± acres of South Florida Water Management District jurisdictional (SFWMD) wetlands. The wetlands consist of freshwater systems including cypress, pine /cypress, and freshwater marsh habitats. In general, the habitats on site have a high degree of melaleuca coverage on the western and central portions of the property. The melaleuca infestation generally decreases towards the eastern portion of the site. The wetland mitigation plan for the Project includes the enhancement and preservation of 1,281± acres of on -site wetlands and 260-+ acres of on -site uplands. In addition, approximately 3 acres of South Florida Water Management District (SFWMD) "Other Surface Waters" will be enhanced and preserved. These 1,544-+ acres will be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. It is anticipated that the majority of the preserves will be deeded to the state to compliment the Picayune Strand State Forest. -21- The Project includes approximately 1,544 acres of preserve, which includes both uplands and wetlands. The majority of the proposed wetland preserve areas consist of cypress, pine - cypress, and hydric pine habitats ranging in quality based on exotic coverage and water quality. The uplands proposed for preservation consist mostly of pine flatwoods. A permanent conservation easement will be created by platting after the Developer has completed the required restoration and maintenance program required by the County's Land Development Code provisions related to Transfer of Development Rights program. The ultimate preserve conservation easements will be conveyed to a Federal, State, or local government agency by gift as required by the County's Land Development Code provisions related to Transfer of Development Rights program. In addition to the 1,544± acres to be placed in conservation easement, the Project design preserves approximately 30 acres of wetlands, 9 acres of uplands, and 5 acres of OSWs located within existing easements on the Project site. These 46± acres will not be used as mitigation or placed under conservation easement; however exotic vegetation will be removed from the habitats. RECOMMENDATIONS Any DRI Development Order issued by the Collier County Board of County Commissioners shall contain the following provisions: 1) The Hacienda Lakes DRI shall preserve no less than 920 + /- acres of native vegetation. 2) The need for wildlife crossings and fencing designs for roadways crossings of the preserve areas shall be reviewed by the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission ( "FFWCC ") as part of the ERP permit process. 3) Review of State listed species and habitat impacts /mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the Hacienda Lakes Preserve Area Management Plan dated May 2011 shall be implemented for the preserve areas shown in the master plan Exhibit `B ". 4) The Owner shall enhance the preserved wetlands and the wetland hydroperiods shall be maintained by them to provide for the natural wet and dry cycles, providing foraging and habitat for wading birds. 5) The Owner shall enhance wetland and upland areas to include the hand - removal of exotic and nuisance vegetation and supplemental plantings installed in areas with greater than 50 percent exotic coverage. 6) The Owner shall preserve, enhance, and place in a conservation easement the 1,544± acres of preserves, including approximately 73 percent (1,281± acres) of the wetlands on -site. In addition, 3± acres of SFWMD Other Surface Waters shall be enhanced and preserved, and shall be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. Approximately, 920 + /- acres of the preserve is required native vegetation (by Collier County), that shall be preserved, enhanced and placed in a conservation easement in favor of Collier County, but maintained by Owner. 7) Prior to commencement of construction, the limits of wetland preserves shall be staked and roped to prevent encroachment by construction activities. In addition, best management practices for erosion control shall be implemented during construction of the project. Prior to commencement of construction, erosion control devices shall be installed where appropriate to control and reduce soil erosion, sediment transport, and turbidity. Such devices, which include haybale barriers, silt -22- fencing, sediment booms, and temporary sediment traps, shall remain in place throughout the duration of construction until construction zones and surrounding areas are stabilized. 8) The on -site wetland preserves shall be enhanced through exotic removal and supplemental plantings, which will result in preserves that are more suitable as foraging habitats for the listed wading birds observed on -site, as well as providing potential roosting areas. 9) Where a minimum 15± foot upland buffer adjacent to wetland preserves is not feasible, structural buffers as set forth in the SFWMD's Basis for Review shall be provided. Structural buffers planted with native vegetation will be used throughout the Project along all areas that border wetland preserve areas to restrict access from the development to the preserve area. Generally, in areas where development is located adjacent to the conservation area or the 10) property line, the structural buffer will be a 15 -foot wide berm planted on the back slope with native tree, shrub, and ground cover vegetation. 11) Emergent wetland acres shall be increased through the planting of littoral zones in the lakes created as part of the development. 12) Enhancement of the wetland and upland preserves shall include the removal of exotic vegetation such as melaleuca, Brazilian pepper, and downy rose myrtle. Exotic vegetation removal shall be done by hand removal. In general, the exotics shall be treated in place with an appropriate herbicide and left standing, or exotics shall be cut, the cut vegetation removed or stacked in place, and the remaining stump treated with an appropriate herbicide. Supplemental plantings of native vegetation shall be installed in areas of greater than 50 percent exotic coverage. In addition, as part of the mitigation plan, areas of degraded wetlands, including monocultures of melaleuca, shall be enhanced through the mechanical removal of exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for these areas will include the establishment of marshes for wading bird foraging habitat. These marshes shall be graded to varying depths to allow the concentration of prey for wading birds at alternating times of the year as water levels seasonally rise and recede. The surface water management system shall be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods shall be maintained to provide for the natural wet and dry cycles, to provide foraging for wading birds. 13) In addition to Paragraph A above, native landscaping shall be used to meet the criteria of Sub - Section 2.4.4.14.06.05 D. La., of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. 14) According to the Listed Species Management Plan (revised May 2011), the wetland and upland preserves, excluding reserved right -of -ways and access easements, will be placed in a conservation easement or equivalent deed restriction with inspection, enforcement, and approval rights granted to the South Florida Water Management District (SFWMD). The date(s), receiver of the easement or deed title, and record reference for each conservation easement or fee - simple donation of conservation/preservation areas filed will be provided at the time of filing to the SWFRPC and referenced in the biennial DRI report. 15) Review of federal listed species and habitat impacts /mitigation shall be addressed in coordination with the USFWS during the USACOE permit process or as Section 10 reviews based on specific site plan details. At a minimum, the draft Hacienda Lakes Preserve Area Management Plan submit4ed on Nlafeh 18, dated 2011 shall be implemented for the preserve areas shown in the master plan Exhibit `B" and the measures recommended by the USFWS in consultation with the IYAII USACOE for conservation of the Florida panther, wood stork, red - cockaded woodpecker, eastern indigo snake, and any other federal listed species encountered will be employed to avoid and minimize the proposed project's impact on both individual animals and their habitats The mitigation plan for unavoidable impacts to these species, including the location, management plan, and method of assurance of permanent protection and management for these listed species and proposed actions that would minimize the likelihood of adverse human/animal interactions will be reported in the Hacienda Lakes Preserve Area Management Plan and revisions thereof. 16) The initial habitat restoration and preservation efforts will be conducted by the applicant prior to the anticipated deeding of the lands to the State. 17) The applicant anticipates deeding portions of the preserves to the State in order to complement the adjacent Picayune Strand State Forest. The preserve areas would be maintained in accordance with the Wetland Mitigation /Monitoring/Maintenance Plan (to be approved as part of SFWMD Environmental Resource Permit Application 100126 -5) and managed to provide habitat for listed species. In the event that the transfer of ownership to the State does not occur, the responsibility of perpetual management for these conservation areas would become the responsibility of a Home Owners Association (HOA) or another similar entity. In this case, the contract of responsibility for the HOA shall include a mechanism for perpetual funding, assurances that the approved management plan would be followed, and assurances that management activities would be conducted by a qualified entity. 9. WATER SUPPLY AND WASTEWATER MANAGEMENT (Refer to Appendix I, Section I) The potable water needs at the Hacienda Lakes will be met by Collier County Public Utilities. The primary non - potable water infrastructure, consisting of the supply wells, storage lake, and pumping station, will be constructed during the first year. The main irrigation water distribution lines will be constructed during the first year when the major road infrastructure is installed. Irrigation distribution laterals, along side streets, and to individual residences, will be constructed in conjunction-with the installation of those side streets and individual residences. At this time 77% of the Project is located within the current service area boundary and the remaining 23% of the Project is outside the current service area boundary. After completion of the development, the non - potable water system will be operated by the Community Development District. The Hacienda Lakes project will be served by the Collier County Public Utilities and the. South County Wastewater Reclamation Facility. No improvements to the wastewater treatment plant will be necessary as a result of this project. No septic tanks will be proposed. At this time, 23% of the Project is located outside of the current service area boundary and the remaining 77% of the Project is within the current service area boundary. RECOMMENDATIONS Any DRI Development Order issued by the Collier County Board of County Commissioners shall contain the following provisions: 1) In accordance with the current Collier County 2008 Water and Sewer Master Plan Update, the parties acknowledge that (1) the majority area of the Hacienda Lakes development is located within the Collier County Water -Sewer District Boundary, and (2) there are some areas of this development that are currently outside of the Collier County Water Sewer -24- District Boundary; (3) the Areas that are not part of Collier County Water -Sewer District do not belong to any other Water -Sewer District; (4) Collier County Water -Sewer District can provide service as required by this development, and (5) Collier County Water -Sewer Impact Fees will apply to the entire area to be developed. 2) Water loop connections shall be made through the existing 36 -inch water main on CR 951. 3) Through an existing 20 -inch force main on Rattlesnake Hammock Road and County Road 951 in the vicinity of Hacienda Lakes, flow from this development will be directed into that 20 -inch force main on Rattlesnake Hammock Road and on to the South County Regional Wastewater Treatment Plant ( SCRWTP). 4) The Rules of the existing South Hawthorn Wellfield for the Wellfield- SCRWTP expansion to 20 MGD for protection of well fields shall be followed by the development. Developer shall show all well sites and pipeline easements located on and close to this development on all future site development plans (SDP), plans and plats (PPL) and any other site plan applications. 5) The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require permits for irrigation well construction and for dewatering activities associated with the construction of lakes, roads and building foundations. 6) The project shall utilize ultra -low volume water use plumbing fixtures, self - closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to the Collier County Utilities Division by the South Florida Water Management District, 7) South Florida Water Management District may require a cumulative impact model upon permit application. This model shall include withdrawals from surface water, the surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the Hacienda Lakes DRI. The application shall include all related input and output files. This model will be used to determine potential adverse impacts to the safe yield of each source, existing legal users, legal domestic users, the lateral migration of the saline water surface, potential impacts to existing wetlands, and possible sources of pollution. 8) The project shall obtain potable water, wastewater treatment and, eventually non - potable water, from the Collier County Water -Sewer District. Should the Collier County Utilities Division determine that the Water -Sewer District does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and/or non - potable water facilities, or shall postpone development until such time as the Collier County Utilities Division's service capacity is available to the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Utilities Division or Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and/or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. n 9) Temporary septic systems may be utilized in conjunction with construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other than for WIN construction and sales offices, model homes and rest shelters. All temporary septic systems III—N shall be properly abandoned and /or removed by a professional licensed to install and remove septic systems at the time when permanent or interim wastewater treatment facilities become available. 10) All construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by the Collier County Utilities Division prior to commencement of construction. 11) All potable water facilities, including any possible onsite potable water treatment plants, shall be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate agency having jurisdiction. 12) The lowest quality of water available and acceptable to the Florida Department of Environmental Protection shall be utilized for all non - potable water uses. 13) The Collier County Water -Sewer District will ultimately own the central water and sewer system conveyance system that supports the Hacienda Lakes DRI. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN (Refer to Appendix I, Section .I) Prior to any Development Order being issued, Collier County shall determine if the project is consistent with the Comprehensive Plan and whether the project's phasing is consistent with the County's Concurrency Management Plan. 11. GENERAL CONSIDERATIONS In the Hacienda Lakes ADA, numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. 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. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the provisions that: a. All commitments 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 a biennial report on the development of regional impact to the (issuing jurisdiction), the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. The report must include an assessment of the Developer's -26- and City's compliance with conditions of approval contained in this Development Order and the commitments which are contained in the Application for Development Approval and which have been identified by the City, the SWFRPC or the Department of Community Affairs as being significant; c. The development phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses 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 presumed to be a substantial deviation for the affected regional issue. d. If the local governments, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by the local government in determining addition substantial regional impacts. e. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front - ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. f. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 3 80.065 1 Florida Statutes. g. If the applicant requests a land use conversion ability so they can increase and decrease approved land uses, the Development Order shall include a table to indicate how much can be converted without requiring a Notice of Proposed Change. Any such table shall indicate increase or decrease in the number of vehicle trips or water demand with land use conversions, and shall be subject to approval of the jurisdiction issuing the Development Order, regulatory and permitting agencies, DCA (or successor agency) and the SWFRPC. Conversions outside the range will require a formal Notice of Proposed Change to the DRI Development Order. Thirty (30) days notice of any conversion must be provided to the County, The Regional Planning Council, and The Department of Community Affairs. In addition, the amount of conversion must be reported as part of the subsequent biennial monitoring report. -27- HACIENDA LAKES MPUD /DRI PETITION: CP- 2006 -11 PETITION: DRI- 2006 -AR -10147 PETITION: PUDZ- 2006 -AR -10146 WERE CONTINUED TO THE PLANNING COMMISSION'S MEETING HELD AUGUST 4, 2011