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CCPC Agenda 08/04/2011 R & GMPCCPC REGULAR MEETING AGENDA AUGUST 4, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, AUGUST 4, 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 July 7, 2011 6. BCC REPORT - RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. 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] B. CPSP- 2010 -2 staff petition requesting amendments to the Future Land Use Element and Future Land Use Man 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] C. 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] D. 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] 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL2011 -703: Pine Ridge Center West PUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2001 -09, the Pine Ridge Center West Planned Unit Development (PUD) by amending Section 3.3, Permitted Uses; and providing an effective date. The subject property, consisting of 8.87 + /- acres, is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner] B. Continued from the July 21, 2011 meeting: CP- 2006 -11, a petition requesting amendments to the Future Land Use Element (FLUE) and Future Land Use Map and Man 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-1 0 147) C. Continued from the July 21, 2011 meeting: PUDZ- 2006 -AR- 10146: 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 375,000 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 partial repeal and survival of certain provisions of Ordinance Number 84 -26, for swamp buggy grounds; and by providing an effective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] D. Continued from the July 21, 2011 meeting: DRI- 2006 -AR- 10147: Hacienda Lakes, 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 -10146 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 5S6 t 8C. 0 CCPC CONSENT AGENDA - AUGUST 04.2011 LAND DEVELOPMENT SERVICES DEPARTMENT COMPREHENSIVE PLANNING SECTION REVISIONS PER CCPC — JULY 21, 2011 MEETING AGENDA ITEMS 9A AND 9E CONSENT AGENDA 8C CP- 2008 -1 ESTATES SHOPPING CENTER SUBDISTRICT— EXHIBIT "A" [TEXT & MAP] CONSENT AGENDA 813 CPSP- 2010 -2 PROPOSED WELLHEAD AND PROPOSED WELLFIELD & ASRs MAP — EXHIBIT "A" [MAP CHANGE ONLY] •r Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all feu three quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right -of -way for Golden Gate Boulevard and Wilson Boulevard. The NW quadFaRt of the GenteF is appFoximately 4.98 --s E R size and . The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map Golden Gate Parkway Institutional Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan 2. July 21, 2019 CCPC Agenda Item #9.E: CPSP- 2010 -2, various amendments to Future land Use Element and Future Land Use Map and Map Series, including We llltield Protection Areas Map CCPC recommended approval as presented by staff, including the two changes to the Wellfields Map recommended by staff and EAC: delete Marco Lakes Reservoir, and add notation as to what aquifers are represented on the map. [See revised Map, attached.] Also, CCPC recommended staff find a way to protect the Marco Lakes Reservoir (a surface water body that is a source of potable water for Marco Island). 2010 cycle GMPAs CCPC Consent Agenda document G: \CDES Planning Services\ Comprehensive\ COM P PLANNING GMP DATA \Comp Plan Amendments\ 2009- 20 10 Combined Cycles petitions \2010 Cycle Petitions \CCPC Ad ti oP dw &mm17 -27 -11 EXHIBIT "A" COLLIER COUNTY WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND ASRs 107 -1 LI VI NGSTON ROAD ASR (IRRIGATION QUALITY) CITY OF 0) FLORIDA GOVERNMENTAL NAPLES UTILITY AUTHORITY GOLDEN ASR U ` GATE CITY WELLFIELD (4 WELL PERMITS) \ SOUTH HAWTHORN WELLFIELD EXTENSION 7k MARCO ISLAND UTILITIES ASR (9 WELL PERMITS) O * LS A7 `O MANATEE rn SCALE Of ROAD ASR V 7 5MI. AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003 -44 AMENDED - JANUARY 25, 2007 Ord. No. 2007 -18 AMENDED - DECEMBER 4, 2007 Ord. No. 2007 -B2 0 J m w 0 Q 0 Of w w rn US 41 U LEGEND m N IMMOKALEE Of N WELLFIELD CR 846 CR 846 AVE MARIA n /WELLFIELD CR 858 POTENTIAL FUTURE COLLIER COUNTY WELLFIELD AREA 1 -75 PLANNED WATER SUPPLY WELLS �. ASR = AQUIFER STORAGE AND RECOVERY SITE ®POTENTIAL FUTURE WELLFIELD AREA PREPARED BY: QS/CAD S /CAD MAPPING BECTON m WELLFIELD AREA GROWTH MANAGEMENT DIVISION / PUNNING AND REGULATION -NOTE: ALL WELLS AND WELLFlELDS PERTAIN TO SOURCE: COWER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. THE SURFICIAL AND INTERMEDIATE AQUIFERS. DATE 7/2011 FILE: WFPZRI2- 2010 -B.DWG CITY OF NAPLES EAST GOLDEN GATE WELLFIELD PORT OF THE ISLANDS WELLFIELD EVERGLADES CITY WELLFIELD N 0 YY Ty OF 1 �� Y 1r NAPLES COASTAL RIDGE CITY OF 0) FLORIDA GOVERNMENTAL NAPLES UTILITY AUTHORITY GOLDEN ASR U ` GATE CITY WELLFIELD (4 WELL PERMITS) \ SOUTH HAWTHORN WELLFIELD EXTENSION 7k MARCO ISLAND UTILITIES ASR (9 WELL PERMITS) O * LS A7 `O MANATEE rn SCALE Of ROAD ASR V 7 5MI. AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003 -44 AMENDED - JANUARY 25, 2007 Ord. No. 2007 -18 AMENDED - DECEMBER 4, 2007 Ord. No. 2007 -B2 0 J m w 0 Q 0 Of w w rn US 41 U LEGEND m N IMMOKALEE Of N WELLFIELD CR 846 CR 846 AVE MARIA n /WELLFIELD CR 858 POTENTIAL FUTURE COLLIER COUNTY WELLFIELD AREA 1 -75 PLANNED WATER SUPPLY WELLS �. ASR = AQUIFER STORAGE AND RECOVERY SITE ®POTENTIAL FUTURE WELLFIELD AREA PREPARED BY: QS/CAD S /CAD MAPPING BECTON m WELLFIELD AREA GROWTH MANAGEMENT DIVISION / PUNNING AND REGULATION -NOTE: ALL WELLS AND WELLFlELDS PERTAIN TO SOURCE: COWER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. THE SURFICIAL AND INTERMEDIATE AQUIFERS. DATE 7/2011 FILE: WFPZRI2- 2010 -B.DWG CITY OF NAPLES EAST GOLDEN GATE WELLFIELD PORT OF THE ISLANDS WELLFIELD EVERGLADES CITY WELLFIELD N 0 AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003 -44 AMENDED - JANUARY 25, 2007 Ord. No. 2007 -18 AMENDED - DECEMBER 4, 2007 Ord. No. 2007 -B2 0 J m w 0 Q 0 Of w w rn US 41 U LEGEND m N IMMOKALEE Of N WELLFIELD CR 846 CR 846 AVE MARIA n /WELLFIELD CR 858 POTENTIAL FUTURE COLLIER COUNTY WELLFIELD AREA 1 -75 PLANNED WATER SUPPLY WELLS �. ASR = AQUIFER STORAGE AND RECOVERY SITE ®POTENTIAL FUTURE WELLFIELD AREA PREPARED BY: QS/CAD S /CAD MAPPING BECTON m WELLFIELD AREA GROWTH MANAGEMENT DIVISION / PUNNING AND REGULATION -NOTE: ALL WELLS AND WELLFlELDS PERTAIN TO SOURCE: COWER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. THE SURFICIAL AND INTERMEDIATE AQUIFERS. DATE 7/2011 FILE: WFPZRI2- 2010 -B.DWG CITY OF NAPLES EAST GOLDEN GATE WELLFIELD PORT OF THE ISLANDS WELLFIELD EVERGLADES CITY WELLFIELD N 0 CR 846 AVE MARIA n /WELLFIELD CR 858 POTENTIAL FUTURE COLLIER COUNTY WELLFIELD AREA 1 -75 PLANNED WATER SUPPLY WELLS �. ASR = AQUIFER STORAGE AND RECOVERY SITE ®POTENTIAL FUTURE WELLFIELD AREA PREPARED BY: QS/CAD S /CAD MAPPING BECTON m WELLFIELD AREA GROWTH MANAGEMENT DIVISION / PUNNING AND REGULATION -NOTE: ALL WELLS AND WELLFlELDS PERTAIN TO SOURCE: COWER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. THE SURFICIAL AND INTERMEDIATE AQUIFERS. DATE 7/2011 FILE: WFPZRI2- 2010 -B.DWG CITY OF NAPLES EAST GOLDEN GATE WELLFIELD PORT OF THE ISLANDS WELLFIELD EVERGLADES CITY WELLFIELD N 0 PREPARED BY: QS/CAD S /CAD MAPPING BECTON m WELLFIELD AREA GROWTH MANAGEMENT DIVISION / PUNNING AND REGULATION -NOTE: ALL WELLS AND WELLFlELDS PERTAIN TO SOURCE: COWER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. THE SURFICIAL AND INTERMEDIATE AQUIFERS. DATE 7/2011 FILE: WFPZRI2- 2010 -B.DWG CITY OF NAPLES EAST GOLDEN GATE WELLFIELD PORT OF THE ISLANDS WELLFIELD EVERGLADES CITY WELLFIELD N 0 l•1! 2010 Cycle of GMP Amendments, including one 2008 Petition - Adoption August 4, 2011 CCPC Consent Agenda Review 1. July 21 i. 2011 PC Ag�nd lte�m, #9 A. CP- 2©08-1, Estates Shoppiing The CCPC- recommended text changes are noted below. The petitioner's conceptual plan, as re- formatted by County Graphics staff, is attached. [The entire Subdistrict text is new; however, for ease in identifying CCPC- recommended changes, petitioner's text is not underlined. Words underlined are added, as recommended by CCPC; words stmek thfough are deleted, as recommended by CCPC] B. Estates — Commercial District 6. Estates Shopping Center Subdistrict — Recognizing the need to provide for centrally located basic goods and services within a portion Northern Golden Gate Estates, the Estates Shopping Center Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates, totaling approximately 41 acres. The Estates Shopping Center Subdistrict is intended to provide convenient shopping, personal services and employment for the central areas of Northern Golden Gate Estates. Commercial development in this Subdistrict will reduce driving distances for many residents, assist in minimizing the road network required, and reduce traffic impacts in this area of Collier County. All development in this Subdistrict shall comply with the following requirements and limitations: a. Allowable Uses shall be limited to the following: 1. Amusement and recreation Groups 7911— Dance studios, schools and halls, excluding discotheques 7991 — Physical fitness facilities 799 Gnon� operated am swnent deuicee 7999 — Amusement and recreation services, not elsewhere classified, EnGluding allowing only day camps, gymnastics instruction, judo /karate instruction, sporting goods rental and yoga instruction (eXG'udes NEC ReGreational — Shooting Range Waterslides ein 1 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 Gaseline seniine tatinnc without repair 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 -Tmre retFeading and repair shops , � � innl� n Jin nnly tiFe ren+ir r r r 7539 Automotive Repair ShePry, PJ^- €IscwheFe ,Q �r�6lass +i 7547 (` pNashe6, as aGGeSSOP F to GORyenien6° steFea nnl., 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 7338 — Secretarial and court reporting services 7342 — Disinfecting and pest control services 7352 — Medical equipment rental and leasing 7359 —Equipment rental and leasing, not elsewhere classified, excluding the following uses: airplane rental and leasing; coin operated machine rental and leasing: industrial truck rental and leasing� oil field equipment rental and leasing-, oil well drilling equipment rental: leasing: toilets portable — rental and leasing; and vending machines — rental only 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 7389 — Business services, not elsewhere classified 2 7. Child da, . es (Gpeup 83544 8 7. Communications Groups 4812 — Radiotelephone communications 4841 — Cable and other pay television services 9 8.Construction special trade contractors (office use only, no on -site materials or 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 1793 — 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 40 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 44-10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor amplified music or televisions, and no windows or walls open to the outside, except as required by code) 4211. Engineering, accounting, research, management, and related services Groups 8711 — Engineering services 8712 — Architectural services 8713 — Surveying services 8721 —Accounting, auditing, and bookkeeping services 8741 — Management services 8742 — Management consulting services 8743 — Public relations services 3 8748— Business consulting services, not elsewhere classified 4312. 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 4413. Food stores Groups 5411 — Grocery stores (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 4514. General merchandise stores Groups 5311 —Department stores 5331 — Variety stores 5399 — Miscellaneous general merchandise stores 4615. 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 store 4716. 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 4-817. Justice, public order and safety Groups 9221 — Police protection 9222 — Legal counsel and prosecution 9229 — Public order and safety, not elsewhere classified 4 -1-918. Meeting and banquet rooms 2919. Miscellaneous retail (no adult oriented sales) Groups 5912 — Drug stores and proprietary stores 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 5995 — Optical goods stores 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 2420. Non - depository credit institutions Groups 6111 — Federal and federally- sponsored credit agencies 6141 — Personal credit institutions 6153 —Short-term business credit institutions, except agricultural 6159 — Miscellaneous business credit institutions 6162 — Mortgage bankers and loan correspondents 6163 — Loan brokers 2221. Offices and clinics of dentist (Group 8021) 2322. 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 2423. Public finance, taxation, and monetary policy (Group 9311) 2524. Real Estate Groups 6512 — Operators of nonresidential buildings 6513 — Operators of apartment buildings 6514 — Operators of dwellings other than apartment buildings 6515 — Operators of residential mobile home sites 6517 — Lessors of railroad property 6519 — Lessors of real property, not elsewhere classified 6531 — Real estate agents and managers 6541 — Title abstract offices 6552 — Land subdividers and developers, except cemeteries 2-625. Schools and educational services, not elsewhere classified (Group 8299) 2-726. 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 2-827. Social services Groups 8322 — Individual and family social services (adult day care centers only) 8351 — Child day care services 2-928. Travel agencies (Group 4724) 3029. Veterinary services for animal specialties (Group 0742, excluding outside kenneling) 3430. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 52-31. United states postal service (Group 4311, excluding major distribution centers) 3432. 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. 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 plants must be enclosed) e Alcohol service for outdoor dining shall only be accessory to food service c. Operational Standards 1. Hours of Operation: a Grocery and indoor restaurant uses: 6 a.m. to 11 p.m. b Other retail and office uses: 6 a.m. to 9 p.m. c Gas /convenience uses: 5 a.m. to midnight 0 d. Deliveries: 6 a.m. to 10 p.m e. Amplification devices serving drive -thru facilities: 6 a.m. to 9 p.m. f. Outdoor dining: 6 a.m. to 10 p.m. 2. Outdoor music is prohibited sd. The following uses shall be prohibited: 1. Amusement and recreation services, not elsewhere classified (Group 7999, N€C ReGreatigRal Shaeting Ranges Water- slide etG) except those uses expressly listed above in 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 10. Social services Groups 8322 — Individual and family social services, excluding adult day care centers 8361— Residential care, including soup kitchens and homeless shelters de. Development intensity shall be limited to 190,000 square feet of gross leasable floor area. 7 ef. ORe gFOGer-y use will be a minimum of 27,000 squaFe feet. With the exGeptioR Of GRe gFOGeFy use, RG individual user may eXGeed 30,000 squaFe feet of buildiRg . No commercial use shall exceed fifteen thousand (15,000) square feet, except for a single grocery store use between twenty -seven thousand (27,000) and sixty thousand (60,000) square feet in size a single commercial use of up to thirty thousand (30,000) square feet in size and a single commercial use of up to twenty thousand (20,000) square feet in size. q No building may exceed 30,000 square feet in size except for the grocery anchored building with inline stores. fh. Development within this Subdistrict shall be phased and the following commitments related to area roadway improvements shall be completed within the specified timeframes: 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 within 120 days of a written request from the County. 2. The app4+saet owner will pay its fair share for the intersection improvements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County request for reimbursement. 3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more than 100,000 square feet of development. The applicant must obtain a C.O. for a grocery store as part of this 100,000 square feet, and the grocery store must be the first C.O. obtained. gi. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and the rezone ordinance must contain development standards to ensure that all commercial land uses will be compatible with neighboring residential uses. A This subdistrict includes a conceptual plan, which identifies the location of the permitted development area and required preserve area for this subdistrict 1s a,�- ttaGhed. The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan requirements for retained native vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME. A more detailed development plan must be developed and utilized for the required PUD rezoning. #l. Development standards, including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoning. Any future PUD rezone shall include at a minimum: (1) Landscape buffers adjacent to external rights -of -way shall be: • 1St /3rd Streets- Minimum 30' wide enhanced buffer • Wilson Boulevard- Minimum 25' wide enhanced buffer • Golden Gate Boulevard- Minimum 50' wide enhanced buffer N (2) Except for the utility building, no commercial building may be constructed within 125 feet of the northern property boundary and within 300' of the 3rd Street NW boundary of this subdistrict. (3) 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.H 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 GOURty developer's 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 27] A. Estates Mixed Use District 2) Neighborhood Center Subdistrict — Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers. b) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates, (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: • Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all feu three quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right -of -way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant ef-the Center is appFeximately " 98 acres in and consists of Tram 144 Unit 11 of Golden Gate Estates The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** Golden Gate Parkway Institutional Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan CCPC recommended approval as presented by staff, including the two changes to the Wellfields Map recommended by staff and EAC: delete Marco Lakes Reservoir, and add notation as to what aquifers are represented on the map. [See revised Map, attached.] Also, CCPC recommended staff find a way to protect the Marco Lakes Reservoir (a surface water body that is a source of potable water for Marco Island). 2010 cycle GMPAs CCPC Consent Agenda document G: \CDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\ 2009- 2010 Combined Cycles petitions \2010 Cycle Petitions \CCPC Adoption dw &mm/7 -27 -11 10 ESTATES SHOPPING CENTER SUBDISTRICT CONCEPTUAL PLAN 0% GOLDEN GA F� PREPARED BY: CIS /CAD MAPPING SECTION ACCESS POINTS SHOWN ARE CONCEPTUAL. THE LOCATION AND NUMBER OF ACCESS POINTS 0 �� Fr. zoo n. GROWTH MANAGEMENT DIVISION - PLANNING AND REGULATION TO THE PROJECT WILL BE ESTABLISHED AT THE TIME OF PUD APPROVAL. DATE: 7/2011 FILE: ESCSCP -1.DWG AGENDA ITEM 9 -A Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: AUGUST 4, 2011 SUBJECT: PUDA- PL2011 -703: PINE RIDGE CENTER WEST PUD PROPERTY OWNERS: Kraft Office Center LLC Germain Real Estate Co. LLC Pine Ridge Investors of Naples, LLC 3530 Kraft Road, Suite 204 13315 N. Tamiami Trl 3530 Kraft Rd. Suite 204 Naples, FL 34104 Naples, FL 34110 Naples, FL 34105 APPLICANT /AGENT: Owner /Applicant: Agents: Germain Real Estate Co., LLC Dominick J. Amico, Jr., PE Robert J. Mulhere FAICP 13315 N. Tamiami Trail Agnoli, Barber & Brundage, Inc Mulhere & Associates, LLC Naples, FL 34110 7400 N. Tamiami Trail PO Box 1367 Naples, FL 34108 Marco Island, FL 34146 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Pine Ridge Center West PUD to add the use New and Used Car Sales and Service (SIC 5511). GEOGRAPHIC LOCATION: The subject property, consisting of 8.87 + /- acres, is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The Pine Ridge Center West PUD project was approved in Ordinance Number 01 -09 on February 27, 2001. A copy of the ordinance is included with the application materials. The original PUD was approved for a commercial project that would allow retail and office uses on lots with a minimum 12,000 square footage, in buildings that do not exceed three stories or 40 feet in height, whichever is more restrictive. The subject site is partially developed with a PUDA- PL2011 -703: Pine Ridge Center West PUD Page 1 of 13 August 4, 2011 CCPC Revised: 7/18/11 LOCATION MAP PETITION # PUDA - PL - 2011 - 703 ZONING MAP HAMILTp! STANDING Y S GREENS OAKS = w PELICAN � vEUCAN ZZ ISLANDWAU( r _ I) M(DRI) N 32 (DRI) S (DRI) 31 GOLDEN CA,E ESTATES 33 36 WALGREENS WILSHIRE LAKES UNIT 96 MARKER LAK E g 34 PELICAN MARSH VILLAS VENETIAN � (Om) STNV-0 PLAZA VANDERBILT BEACH ROAD VANDERBILT REACH ROAD FOUNTAIN .URA BRADFORD VANDERBILT ZARE ,RUST CAN PARK VINEYARDS BRIGHTON (Dm) GARDENS MONTEREY VINEYARDS 1, 27 CITRUS AKES GARDENS OAK ( °m) VINEYARDS 50 62 &a U GROVE (DRI) 4 Q ANnLf (M 1 LIVINGSTON WOODS F<- 5 GOLDEN GATE S JDl / SLAKES 6 UNIT 5 UNIT 95 4 (r) LO FIRST ) 2C - I,� ENTER SLEEPY NMM ENTER BAPTIST HOLLOW CHURCH V.F.W. O $gyF LONE OAK PRINCESS LOT 1 KEYSTONE PLACE PARK PLA PARK GOLDEN GATE ESTATES MANCHESTER SQUARE UNIT 3S VINEYARDS C UD PINE AIR 7 (DRI) 9 10 11 LANES PARK 12 ANGILEN (S) B PUD CYPRESS (DRIj R GLEN ^ CAMBRIDGE ME RIDGE SWARE RAGGE GATE S /`� SUMMER WIND JAEGER COqNEP (5) l5) S 32 PROJECT "sPA GATEWAY -SE" (C.R. 698) B RIDGE ROAD CAMBRIDGE PINE RIDGE ROAD LOCATION GRWF PI Z SUTIERUN TEWA 1TMALLS MEAOOWBROd( S ASTRON J�.REEA u00. FOREST PLAZA (S) EST. LAKES PRESEVRV°E° H WHIPPOORWRJ- 8 (s) HOMES LAKES 17 OATS 2B NAPLES 13 HIWASSE pIDGE_ IS CENTER"UNIT G OLDEN GATE ESTATES TES 15 B.kT.G KENSINGTON AFUNOTO .' 33 3! OCR PAW CHURCH LAypRLp EVANS T VMIPP0�5 ll V LEVARD TENNIS CENTER BMMdTAL 61 BLVD. PUD HAWK'S RIDGE UVINGSTON MLLAGE 096 \ _ PINE RIDGE ROAD C.R. I� 9993 : tii:........ LDEN J —use zi ..T,.T;4:»a(; am ZZ d 24 p 19 20 < GOLDEN GA'TF ESTATES ATE 22 23 } U WILSON �' P UNIT 31 '� BAILEY LANE CENTER Sd 2, WYNDEMERE 1y V GREY OAKS TRACT ': x V _ . (DRI) BALDRIDGE �la tPUD: ? ? >: ?;:: PUD ZONE OU i "' ::PINE RIDGEiiii is PINE RIDGE Pi:CENTER }i:.>: %: i� CENTER CPU D NAPLES Cd.ONA0E 9 AT EY OAKS JAYCEES CLUBXWSE SANTA BARBARA NIA.....:. (DRI) SEAGATE Z9 28 GOLDEN GALE ESTATES GOLDEN GAZE ESTATES 28 FLANDERS 27 (C.R. BB61 PLAZA GOLDEN GATE PARKWAY UNIT 2D UNIT 30 RKWAY 1 0 F CHRIST GREY OAKS ACE (5) PARKWAY (DRI) CENTER (S) TRACT 12 BERKSHIRE LAKES KERON B 0 WAY es (DRI) LAKES I INTERSTATE -75 q 5 6 7 8 D 10 11 w 13 14 15 /B 1] mVER BSI PEACH COLLIER CWNTY DEVELOPMENT BRIARWOOD 71 32 33 34 JRMGES CEN,ER 36 CFPUD I ° a GREEN NAPLES BFAKSIiBD! LAKES HERON w AIRPORT e. (DRIj (oRD LOCATION MAP PETITION # PUDA - PL - 2011 - 703 ZONING MAP \ \ E 1 F7 STNV-0 , 2 i, 1, 27 30 tU35 / 43 46 50 62 LIVINGSTON WOODS LANE LOT 1 J C UD PUD PUD PUD TRACT B CAMBRIDGE SQUARE NAPI ES Gd TEWA Y RAGGE ANGILERI (s) (S) 1 12 13 2B n LOT 3 LOT 4 LOT 5 LOT 6 LOT 2 V 4 V BO 61 096 \ _ PINE RIDGE ROAD C.R. I� : tii:........ J —use I ..T,.T;4:»a(; °s TRACT. SITE PUD I I—EL IBA -`.;, LOCATION P Iii:igAGE a c UTHERLAN PUD FIRE S:Piiiii: �' TRACT ': x V CENTER STATION BALDRIDGE �la tPUD: ? ? >: ?;:: PUD OU i "' ::PINE RIDGEiiii is PINE RIDGE Pi:CENTER }i:.>: %: i� CENTER CPU D of PINE NEW A- PD.G)) NIA.....:. '::; %wceT:: i ..:..A:::. SEAGATE ss3 BAPTIST CHURCH o)?iiFi` ?: I TOAC 1 0 F CHRIST TRACT C TRACT 12 B 0 WAY es I q 5 6 7 8 D 10 11 w 13 14 15 /B 1] IS BSI 3 CFPUD I ° a TRACT A et AVOW HOSPICE I w e. ' srnva PU -b I g 34 33 32 31 30 29 26 27 28 25 24 23 22 r 20 19 7B 78 i I B YNWOOD PRESER L NE 77 = o RSF- 5(0.4) I 35 36 37 38 39 40 41 42 +34445 +84]46 qg B 75 a a 74 17 1e 1s H 13 12 11 To 9 a T B s TRACT B PUD 73 c 72 B BRYNWOOD PRESERVE ,B I 85 BSI B] 62 Bt BO 3D 68 57 58 55 b4 5] 52 51 60 ss 20 SIERRA— CIRCLE 4 3 BRYNWOOD WAY Be 118 21 124 21 20119 17 $ z2 125 11 115 TRACT C —] TRACT P -1 114 1 23 126 P/ A 3 TRACT 2q 2] ARLINGTfIN LAKES n2 B zs ue 28 129 11, LOCATION MAP PETITION # PUDA - PL - 2011 - 703 ZONING MAP aAax.. w c� Location Map zU d ti Description That portion f the West 1/2 Agricultural of the West 1/2 of the Northeast Zonin 1/4 of the Northwest 1/4 of D —`z� 9 Section 18, Township 49 South, Undeveloped 1 5 Range 26 East, Collier County I j Florida, lying South of Pi- Ridge j Road. a 15D foot Right- of-Way. Proposed ! Cross - Access ! I 1174.08 NO0' 1'09eW I F � I I „ j I 3 I C4 a i I I M a 1 , j I i i i I '• I '9 j o i t 1 1 j i= 1 RMF -15 Zoning Retention f m N Lake N Area i i CD ' i TI i z w ' a LL x�A eEasement Pine Ride Center PUO Proposed I 1145.91 NOD22'32 -W _ ___ - -__ AFB_ ___ __-- __.__�____ Median Opening A m min, .t 1.33 a 1" or natural habitat a e.s W /turn lanes sM10111 be provided on -site, including bath the r under -story and the ground cover emphasising the I , largest contiguous a ea possible. Tliasa n [oral I habitat aeon shdl co aisl of at least 0.51 0u of j 1 l nature vege lion Ihalnis retoned c - ite as shown Are. "B" Area "C" i n the PUD Master Plm and uP to -.82 acres of Area "A" 1 -.live vegetation Ihal is replonled elseeM1ere on s;te, .s described in Seai.n 3.9.5.5.3 of the Land Code. Pine Rldge Center PUD Development i I I � I I I proposed Land Use j I i ♦as ns x,xc Proposed Bupoing area 100,000 sf 4/- Plonnino Consullanl ! l ! 10541 PUD_mp Rood Easement - 1.4 A- 7.1 Robert Mulhere 10.0043 Wolr Mon Sit. 8. 1.4 Acre +/- Total $ile 8.87 acre! -1. ie a eo ceptuol M.s ter plan. Mulhere & Associates LLC Final design shall depend upon P.O. Bo. 1367 , the apacific requirements at the Morn Is.nd. Florida 34145 clot s¢x u lime of Sit, Development Plan 239 - 825 -9373 ! MAMM PLAN Existing Conditions submittal. Location of all improvements j I SI.1)�T 1 and natural on.z shall be delermMed Civil Fnaineer E.istinq Ground E1ev.ti.n 10.5 _ al the time of SOP submittal. Dominick J. Amka, P.E. Qr, 1 Ik� Existing Vegetation - Mixed Pine Upland 1 Agnali, Barber & Brundage, Inc. antl peevi.us argricu'in. 7400 Tarnioml Tr. N., Suite 200 Soil iyp - gds ar Fine Sand Noples, Florida 34108 10541 Flood Zone - X 239 -597-3111 Imd �rv. Agnali, Barber & Brundage, Inc. ]400 Tomiomi Tr. N., Suite 200 Exhibit A Naples, Florida 34108 " " 239 -397-3111 portion of the Kraft Office Center occupying the southerly portion of the site. That commercial development straddles the property line separating this project, the Pine Ridge Center West PUD, and the adjacent property, the Pine Ridge Center PUD. A variance was approved in Resolution Number 04 -379 to allow zero setbacks for the southernmost 534 feet of shared boundary of the two PUD zoned projects. A copy of the resolution is included with the application materials. As depicted on the PUD Master Plan, access to the property is from a shared access point onto Pine Ridge Road. As noted above, the petitioner is seeking this amendment to add the use New and Used Car Sales and Service (SIC 5511). As proposed, this use would be a permitted use on the entire PUD site, i.e., including the currently developed area. SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road, then various commercial uses with PUD zoning designations South: Avow Hospice, with a CFPUD zoning designation West: undeveloped Agricultural zoned tract that is proposed for a PUD rezone in petition number PUDZ- PL- 2011 -0406 East: Pine Ridge Center PUD, developed with various commercial uses Aerial Photo (subject site depiction in yellow outline is approximate) PUDA- PL2011 -703: Pine Ridge Center West PUD Page 2 of 13 August 4, 2011 CCPC Revised: 7/18/11 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Commercial District, Interchange Activity Center Subdistrict ( #10)) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing Pine Ridge Center West PUD, Planned Unit Development, was approved in 2001 (the original PUD was approved in 1988, then repealed and replaced in 1998) for a variety of commercial uses, including several from the C -4, General Commercial, and C -5, Heavy Commercial, zoning districts - all deemed consistent with the Interchange Activity Center Subdistrict. The proposed amendment retains all of the existing commercial uses and adds one use — new and used car dealerships; no other changes are proposed. New car dealership is allowed by right in the C -4 zoning district and both new and used car dealership use is allowed in the C -5 zoning district. The Interchange Activity Center Subdistrict allows the same land uses as the Mixed Use Activity Center Subdistrict — the full array of commercial uses, residential, institutional, hotel/motel, community facilities, etc. The actual mix of uses to be approved is determined during the rezoning process based upon consideration of the factors listed within the Mixed Use Activity Center Subdistrict (a. -1.). The applicant has provided responses to each of these factors — see petitioner's Attachment A, Rezone Criteria & Narrative Statement of Compliance, pages 4 -6. Given the approved uses, standards, requirements and limitations of the existing PUD, the surrounding development pattern, and location on a six -lane divided arterial roadway, staff finds the petitioner's responses to be acceptable and the proposed use to be consistent with the Interchange Activity Center Subdistrict. FLUE Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is the responsibility of the Zoning Services Section staff, as part of their review of the petition in its entirety, to perform the compatibility analysis. FLUE Objective 7 and subsequent Policies regard Smart Growth principles derived from the Toward Better Places, Community Character Plan for Collier County. Staff provides no specific analysis as to compliance with these provisions as the PUD amendment does not affect external access, opportunity or requirement for interconnections, the amount of open space, and provisions or requirements for pedestrian and bicycle facilities. Based upon above analysis, Comprehensive Planning staff fmds the petition consistent with the FLUE. Transportation Element: Transportation planning staff has reviewed this petition and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): This petition does not propose any changes to any environmental segments of the originally approved PUD, thus no additional environmental review was warranted. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 3 of 13 August 4, 2011 CCPC Revised: 7/18/11 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 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. 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: Transportation Review: Transportation Division staff has reviewed the petition and made the finding that the proposed use is no higher intensity that the existing zoning's uses relative to traffic issues. As a result, no additional ingress /egress improvements are required. Zoning Services Review: As noted previously, the petitioner is seeking this amendment to add the use New and Used Car Sales and Service (SIC 5511). The use group is described as follows: Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. Specific uses allowed in this SIC Code classification include the following: Automobile agencies (dealers)— retail Motor vehicle dealers, new and uses cars — retail Automobiles, new and used — retail Pickups and vans, new and used -- retail Cars, new and used — retail PUDA- PL2011 -703: Pine Ridge Center West PUD Page 4 of 13 August 4, 2011 CCPC Revised: 7/18/11 The two PUD zoned projects, Pine Ridge Center and Pine Ridge Center West are included in one plat, under the name 3500 Corporate Plaza. The petitioner of this PUD amendment only controls Tracts B and E of the combined plat for 3500 Corporate Plaza (shown in the red oval below); however the entire PUD for Pine Ridge Center West (not Pine Ridge Center) is being amended to add the new use. To date, the petitioner has not offered to limit the new use to any particular portion of the PUD site. 4 � � i iJ i Excerpt from Plat Book 44, page 24 Attendees at the NIM voiced concern about the proposed use being developed over the entire site and not just the two tracts controlled by the applicant. The attendees, indicating they are residents of Brynwood Preserve, a residentially developed PUD zoned project that is located to the southwest of the subject site, voice concern about potential. The current property owners of the developed tract indicated at the NIM that it was not their intention to re- develop the site such that the car dealership would encompass the entire PUD. However, there is currently no such limitation in the PUD document. On the following page, staff has provided an exhibit showing the spatial relationship between the Brynwood Preserve subdivision and the Pine Ridge Center West PUD, calling out the specific area that is controlled by the petitioner in this amendment request. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 5 of 13 August 4, 2011 CCPC Revised: 7/18/11 fi Entire Pine Ridge Center West PUD f. == - boundary is shown in yellow BRYNWOOD PRESERVE -+ (Property boundary shown in orange) Based upon concerns raised by the NIM attendees and the non - petitioner property owner within the PUD, staff recommends that the new use be limited to only Tracts B and E of the plat for 3500 Corporate Plaza. 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. IF staff's condition regarding the locational limitation for the new use is adopted as part of any approval, staff is of the opinion that this project will be compatible with the surrounding land uses. Deviation Discussion: The petitioner is not seeking deviations from the requirements of the LDC. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 6 of 13 August 4, 2011 CC PC Revised: 7/18/11 �SPortion of � ubject Property rop controlled .r • petitioner fi Entire Pine Ridge Center West PUD f. == - boundary is shown in yellow BRYNWOOD PRESERVE -+ (Property boundary shown in orange) Based upon concerns raised by the NIM attendees and the non - petitioner property owner within the PUD, staff recommends that the new use be limited to only Tracts B and E of the plat for 3500 Corporate Plaza. 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. IF staff's condition regarding the locational limitation for the new use is adopted as part of any approval, staff is of the opinion that this project will be compatible with the surrounding land uses. Deviation Discussion: The petitioner is not seeking deviations from the requirements of the LDC. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 6 of 13 August 4, 2011 CC PC Revised: 7/18/11 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 amendment and believes the proposed use, as conditioned by staff, will be compatible with the development approved 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, if approval includes the condition proposed by staff. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed use and believes that the project will be compatible with the surrounding area, if approval includes the condition proposed by staff. 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 will meet 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. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 7 of 13 August 4, 2011 CCPC Revised: 7/18/11 The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting roadway infrastructure for this PUD amendment purposes. The applicant proposed to provide the project's own water treatment plant as shown on the Master Plan. The issue of 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. 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" (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 request is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development if staffs recommended condition is included in any approval recommendation. Staff recommends that this petition be deemed consistent with the Transportation Element and the FLUE of the GMP. Therefore, staff recommends that this petition be deemed consistent with the overall GMP, if staff's recommended condition is included in any approval recommendation. 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 amendment request is appropriate given the existing land use pattern, and development restrictions included in the PUD if staffs recommended condition is included in any approval recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; This amendment request will not create an isolated zoning district because the subject PUDA- PL2011 -703: Pine Ridge Center West PUD Page 8 of 13 August 4, 2011 CCPC Revised: 7/18/11 property is already zoned PUD; no change is proposed to the zoning district itself; the petition is limited to seeking approval to add one use to the existing list of approved uses. 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 as the PUD zoning is already in place, having been approved in 2001. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. The petitioner stated in the Rezone Criteria & Narrative Statement of Compliance that "there is a demonstrated market demand for such a use in this location." 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP if staffs recommended condition is included in any approval recommendation. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic 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 has adequate capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. 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 PUDA- P1 2011 -703: Pine Ridge Center West PUD Page 9 of 13 August 4, 2011 CCPC Revised: 7/18/11 including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 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 PUD zoning designation. The tract could be developed within the parameters of the currently approved PUD ordinance; however, the petitioner is seeking this amendment 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 LDC 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 add the use "New and Used Car Sales and Service (SIC 5511). The petitioner stated in the Rezone Criteria & Narrative Statement of Compliance that "there is a demonstrated market demand for such use in this location." 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 if staffs recommended condition is included in any approval recommendation, the new use would not out of scale with the needs of the community. 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. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 10 of 13 August 4, 2011 CCPC Revised: 7/18/11 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 this amendment 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 July 7, 2011 at the Hawthorn Suites by Wyndham, Naples, Florida. In attendance (on behalf of applicant): Ken Morrand, Germain - Florida, Petitioner John Garbo, Germain Real Estate Company, LLC Robert L. Mulhere, FAICP, Mulhere & Associates, LLC Dominick J. Amico, Jr., P.E., Agnoli, Barber & Brundage, Inc. Jane Eichhorn, Agnoli, Barber & Brundage, Inc. In attendance from Collier County: Kay Deselem, Collier County Principal Planner An overview of the project was given to the neighbors (about 12 in attendance) that attended the meeting by Mr. Bob Mulhere, which included the following issues: 1. Explaining the Neighborhood Information Meeting process and why we have them. 2. Explained all of the allowable commercial uses in the current PUD by reading each one aloud and explaining the additional use the Petitioner is seeking which is "New and Used Car Dealerships." 3. Explaining the public hearing process noting the already scheduled hearing dates for PUDA- PL2011 -703: Pine Ridge Center West PUD Page 11 of 13 August 4, 2011 CCPC Revised: 7/18/11 Collier County Planning Commission of 8/4/2011, and Board of County Commissioner meeting 10/11/2011. The audience members appeared to be residents of Brynwood Preserve. That project is adjacent to the vacant tract located west of the Kraft building which is located on the subject property. The applicant's team members explained that Mr. Germain did not own that piece of property and it was not part of the subject property under consideration, the attendees seemed to be satisfied. The attendees had some questions /confusion about the PUD and how this PUD "went through" half of the Kraft building. Further questions arose about what would happen if the Kraft tract was sold to Mr. Germain. Could he enlarge his dealership? Alex Pezeshkan attended the meeting from Kraft and stated that Kraft would not be selling half of the building to anyone or tearing any portion of the building down. One of the attendees wanted to know to whom and how he should express his concerns if he were to have some. Ken Morrand, representing Bob Germain, advised the person that he could talk to him and Bob Mulhere explained that he could write a letter to Kay Deselem for the record. Kay Deselem stated the reason why the NIM was being held, and indicated that if anyone had any concerns /questions to attend the Public hearings and send a letter to her. Ken Morrand made the offer to the residents of Brynwood Preserve that if they had any questions /concerns to please give him a call (handed out his business card). Mr. Morrand also offered to come to their development to talk to the residents. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on July 18, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -703 to the BCC with a recommendation of approval if staff's recommended condition is included in any approval recommendation. PUDA- PL2011 -703: Pine Ridge Center West PUD Page 12 of 13 August 4, 2011 CCPC Revised: 7/18/11 PREPARED BY: KAY DE ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM D V. BELL WS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 711-3111 DATE 7 -OH/ DATE o7_i- - f LLIAM D. LORENZ, JR., .E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NIC CA ALA UI PUTY A MINISTRATOR GROWTH MANAGEMENT DIVISION —/, Z O DATE Tentatively scheduled for the October 11, 2011 Board of County Commissioners Meeting PUDA- PL2011 -703: Pine Ridge Center West PUD August 4, 2011 CCPC Revised: 7/11/11 Page 13 of 13 ORDINANCE NO. 11 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001 -09, THE PINE RIDGE CENTER WEST PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 3.3, PERMITTED USES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 8.87 + /- ACRES, IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, on February 27, 2001, the Board of County Commissioners approved Ordinance No. 2001 -09, which established the Pine Ridge Center West Planned Unit Development (PUD); and WHEREAS, Dominick J. Amico, Jr., P.E. and Robert J. Mulhere, representing Germain Real Estate Company, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2001 -09, the Pine Ridge Center West PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 3.3, ENTITLED "PERMITTED USES" OF ORDINANCE NUMBER 2001 -09, PINE RIDGE CENTER WEST PUD Section 3.3 of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 2001 -09, the Pine Ridge Center West PUD, is hereby amended to read as follows: 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Pine Ridge Center West PUDIPUDA- PL2011 -703 Rev. 6/28/11 Words str-uek tlitau are deleted; words underlined are added. Page 1 C. Area "C" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021 - 6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5611 groceries and supermarkets only, 5421 - 5699). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 11. Legal Services (group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 13. New and Used Car Dealerships (group 55111. 4-3-. 14. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). 44 15. Personal Services (group 7212 dry - cleaning and laundry pickup stations only, 7217, 7221 - 7261 except crematories, 7291). 45 16. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 4-6-. 17. Real Estate Agents and Managers (group 6531). 4-7-.18. Travel Agencies (group 4724). 4-& 19. Video Tape Rental (group 7841). Pine Ridge Center West PUDIPUDA- PL2011 -703 Rev. 6/28/11 Words °true' thfo u are deleted; words underlined are added. Page 2 4-9-: 20. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. SECTION TWO: EFFECTIVE DATE. Except as amended herein, the remaining provisions within Collier County Ordinance No. 2001 -09 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, Chairman Steven T. Williams S% Assistant County Attorney 11 -CP S- 01102/ 10 Pine Ridge Center West PUDIPUDA- PL2011 -703 Rev. 6/28/11 Words strue ° tlife u are deleted; words underlined are added. Page 3 AGENDA ITEM 9 -13 THIS ITEM HAS BEEN GIVEN TO YOU AT THE JULY 79 2011 MEETING WHICH WAS CONTINUED FROM THE JULY 21, 2011 MEETING, CP- 2006 -119 HACIENDA LAKES DEVELOPMENT THIS IS A COMPANION ITEM TO AGENDA ITEM NO. 9C AND 9D (PUDZ- 2006 -AR -10146 AND DRI- 2006 -AR- 10147) YOU WILL FIND THE INFORMATION FOR HACIENDA LAKES DRI -GMP AMENDMENT PETITION CP- 2006 -11 IN THE JULY 21, 2011 PLANNING COMMISSION AGENDA FOLDER AGENDA ITEM 9 -C THIS ITEM IS WAS SUBMITTED IN A SEPARATE BINDER THIS ITEM WAS CONTINUED FROM THE JULY 21, 2011 MEETING PUDZ- 2006 -AR- 101469 HACIENDA LAKES DEVELOPMENT 9G n Co e-r County I 1111111 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: Aq., 4, SI t I 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 passive recreation and existing swamp buggy attraction uses. Hacienda Lakes MPUD, PUDZ - 2006 -AR -10146 Page 1 of 26 July 21, 2011 CCPC Revised: 7/13/11 arcs O LON / a z z O N Ca G z O a U 0 co 0• N DIa ■ ��, �■ _ HOUR •� m lin Ell= :: ■ ■w Tz ■ ■�1_M 067i �■� '"�IIL ■�I� �ii� ' �� arcs O LON / a z z O N Ca G z O a U 0 co 0• N DIa a srmiai f � ofC � Cowin BOUIFVMt (<A 951) $ tell + ,- - - - -- I milli j j tlR 1 19 ° r vino 09!^ Z ! A\g Ng °AZ x M i °' I A I P c\ C �s i c � o m ii � 8 y O Y izi It )4 l 11 ...� II I gwnnu / ` 3 �••��•. pi' —' — ns,�wc�, Iwnaiolw --- _ _ _ _ _ — — I V ' a R> A F F. c �t� ° a 0 zzz 2 $4 H �iRX 99 §W; N; H She i $'m9ao .e Mhl =g! % 8 m <�h�9 a "€ a$ m��r "� i e i� > do 11,91 $ m N Boa mo a m "�� N i g�vgggg gg saa s° s -- 3 og N m£ w� E 1g�g $m > m >' A= m$ =� zo;x gad= .° mss m =� Ns sue° As� €� N O N o "oc £ sing A� ^�_ aog .ur rum ace tt�Nr, w�rr XI-M 2010 111'L30 05 21 2i6 INC ,a. HACIENDA LAKES OF NAPLES, LLC. HACIENDA LAKES Ui0150.0203 OSOI00040.'Ug2 MSJ. TIrtE OVERALL MPUD/DRI CONSULTING QvIlE*waing MPUD /DRI � ' 'A 1 Si°°e ing & Mping of «t� MASTER PLAN �,o �... t�. �. �.� w > � =�,.m,. F�i:�i w" 2 Y I6 D.HN. ,61tLOen9eM,FM11N >iimYY>%0, Imi12766R�FAN: [1�tN6°,8 O\ VI V 9 .0 ➢ A m N € D n io z umii Z � S' c x !n C O� D � � D r N { D M Ir H I4 H H k M M � 14 n glgge "� �e8qa pp� q� O\ VI V 9 .0 ➢ A m N € D n io z umii Z � S' c x !n C O� D � � D r N { D M Ir H I4 H H k M M � 14 n The petitioner is requesting approval of this PUD for Hacienda Lakes to allow development as shown on the table on the following page. LAND USE SUMMARY DESIGNATOR LANE] USE ACREAGE "G "* COMMERCIAL 34,15± ACRES *COMMERCIAL LANDS Dt"WDERED Fay pUeuc ROW TRACT 4k2.51t ACRES "A'. ATTRACTION 47 »27± ACRES "R" RESIDENTIAL 447.86± AGES W OR S" BUSINESS PARK OR SCHOOL 35:38� ACRES PRESERVE 1544.114± ACRES "PF'° PUBLIC FACILITY 1. ± ACRES "JB" JUNIOR DEPUTY 21.62± ACRES n5,. SCHOOL 19.55± ACRES -R/MU RESIDENTIAL /MEDICAL USE ,15 ACRES "ROW" PUBLIC ROW / EASEMENTS 72.01± ACRES TOTAL i! TLIC RVte EtoA, Crs T 2202.14 ± ACRES i na. ur mn a irnt✓ +'R:I sCtS;xCS EQUALS IML dvUMIT k;:t141LN :M;KF_ E OF 36657 *" EXCLUDE THt3 ACREAGE WHEM TOTALING PROJECT AREA AS IT 13 INGLLJOED IN THE "ROW' TRACT (Note: Since this document was prepared, the designator "BP OR S" has been changed to just "BP') 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 Master Plan), with development to begin in 2012. Buildout is projected to occur in 2019. This PUD application is one of three applications under consideration for the subject site. Companion to this application are a Comprehensive Plan Amendment (GMPA) and an Application for Development Approval (ADA) of a Development of Regional Impact (DRI). The Swamp Buggy Days lands are included within this project. The project incorporates most of the Swamp Buggy Days PUD (Ordinance #84 -26) uses. That will allow the uses that were permitted in that project to continue, or be established if they have not been. Please refer to Section VI. Tract "A" Attraction Permitted Uses," and IX. "Swamp Buggy Days Recreation and Sports Park PUD General Development Commitments." SURROUNDING LAND USE AND ZONING (Please refer to the Zoning May): North: Agricultural (A), undeveloped areas and mining operations South: Agricultural (A), residential and agricultural uses along Morgan Road, Beagle Lake Road, Brandy Lane and several other roadways north of Sabal Palm Road, then larger agricultural operations to the south of Sabal Palm Road, with undeveloped tracts scattered throughout the areas Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 2 of 26 July 21, 2011 CCPC Revised: 7/13/11 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 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. n 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. n Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 4 of 26 July 21, 2011 CCPC Revised: 7/13/11 s 4 y V CC a FBI V a AM bA a� ci 0 4t i~ W 0 0 N A a v A a ci Al a� co N w O LO m (6 0. 0 Q O O N N d dU U� O U M J C O 00 N � � N N N U) m N 0 wwwwI::) moaWwUUa1Ua IQIII a¢000Caw tu g r, N --� •-+ ON o0 o, d. N N O� O MlONN�� O O M .-� M °M M °�OVl-oo w. 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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 n (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 n 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. n The use category includes Campgrounds, Campsites for Transients, Recreational Vehicle Parks, and Trailer Park for Transients. LDC Section 2.03.031 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 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 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.I., 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: i. 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. Zoning 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.B.5.h, 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 6.06.01.13, related to streets in subdivisions, that requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be /'1 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 public 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 n 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. Zoniniz 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 gpplication 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 public 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.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. 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.B.S.h 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 safety and welfare of the community," and LDC Section 10.02.13 B 5 h the petitioner has demonstrated that the deviation is "justified as meeting public poses 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, safety and welfare of the community," and LDC Section 10.02.133.51, 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 #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. n 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 communily " 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 n 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 n 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 104'1 compatible with the surrounding area, subject to approval of the recommended limitation of staff, the proposed development standards and project commitments. 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. 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 SCHEDULE Stage tine Year Residerrtial 5�gte- Family Multi- Family Retail Office Business Park Sci[ 2012 �! Units 20 Units 30 ilruts 27,5W SF 0.0 SF 0.0 SF 2093 2ti0 Una 900 Units 900 units '150 1300 SF 20 000 SF 0.0 SF 2014 200 Units 900 Urale too Units 151) fl00 SF` 251100 SF 40,00D SF 2015 250 Units 900 Units 150 Units 0.0 SF 25,00€3 SF 0.0 SF 2016 Unts 100 Units 950 Units 0.0 SF 0.0 SF 0.0 SF 95D Units 4211 Units 530 ihtiis 323,500 SF 713,0(30 sF 4a,1xr0 SF ESTIMATED DEVELOPMENT SCHEi3tlLE Stage T`vo Year Residential Single-Family Multi - Faily Retail Office Business Parr School 2015 25 ttrtiLs 0 units 25 Units 0.0 SF Ei.O SF 20,000 SF 919 tents 2016 25 U%its 0 Units 25 Units 0.0 SF 0.0 SF 20000 SF 2017 275 Units 900 Units 175 Units 0.0 SF 0.t3 SF 20,000 SF 2098 275 Units 100 units 175 Units 0.0 SF 0.11 SF 20,000 SF 2019 210 (its 84 Units 126 finite 0.0 SF 0.0 SF 20 0130 SF 810 Units 284 Units 526 Units 0 1} 100,13W 7oWs: 17110 units 704 Units 1,056 Units 327,500 SF 70,000 SF 140,000 SF 919 Students "The 135 Room hold is propo� to be developed in Phase tne, 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: 7/13111 SF 9^33 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: 7/13111 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" (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 if staffs conditions of approval 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 staffs 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 n necessary. Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 21 of 26 July 21, 2011 CCPC Revised: 7/13/11 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. n Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146 Page 22 of 26 July 21, 2011 CCPC Revised: 7/13/11 �-. 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. 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. n Affordable Housing — Is there a provision for Affordable Housing? David stated, No, Affordable Housing is not a component of this PUD n 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: 7/13/11 100*1 PREPARED BY: 715111 KAY D SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: nnu� (� za� -7- �, - (( RA ND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES ia 0-" -1 /' - 07 . / Z - Za!/ WILLUM D. LO NZ, flf, P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: V 1tWtASALWG6IDA, DE MIN TOR DATE GROWTH MANAGEMENT IUAVISION Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting n Hacienda Lakes MPUD, PUDZ - 2006 -AR -10146 Page 26 of 26 July 21, 2011 CCPC Revised: 7/7/11 n MY 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- 10 147 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 Summarx, 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 Densi , 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 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 DiaryJ ➢ 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., n 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 -4- PUDZ -2006 AR -10146 Consistency Review terraced setbacks for the upper floors of taller buildings, and recommends adding another note to state that '[mjulti 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 I1, 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 `[ coommercial 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." ��, 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 surplus 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 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 staff to consider this matter fully 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 existirig 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. 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: 1*'1 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. n -8- PUDZ- 2006 -AR -10146 Consistency Review Revised allocation sheets must be submitted to track the assignment of base density and TDR credits with I—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 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- 10 146 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 Densi , 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] n 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. RXACTIVE 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 day of , 2011 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IC , Deputy Clerk C Hacienda Lakes of Naples LLC/PUDZ-2006-AR- 10 146 Rev. 6/28/11 Page 2 of 3 FRED W. COYLE, Chairman Approved as to form and legal sufficiency: 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 1,714 447.86 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 RJMU, 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; 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 Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx n 1_� 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 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. 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 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; 4. 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 MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 NTUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD 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 ?O-1 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:\2005\050150.02.03 Hacienda Lakes MPUD- DR1 -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -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 Suppott\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); 111 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\Heatings\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; 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 Development\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: L The residence shall be constructed as an integral part of the principal structure n 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); �1 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 WUD Ord Exbts (ciean).docx 11. Apparel and accessory stores with (groups 5611- 5699); 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); 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:\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 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. 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); 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) Q:\2005 \050150.02.03 Hacienda Lakes MPUD- DRl -E"\0005 Mixed Use Planned Unit DevelopmeitASubtask 5.2 MPUD Application Support\Ilearings\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 Development\Subtask 5.2 MPUD Application Support\Hearings\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. 10—N 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 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 A. 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. 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 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 MI'UD- DRI- ERP\0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hea6ngs\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: I. 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. 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- ERA0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean)AD" VIII TRACT "PF" PUBLIC FACILITY 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. 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 IIJD" 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) QA2005 \050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\I-Iearings\2011 -6 -28 Hacienda Lakes WUD Ord Exbts (clean).doex 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 Dewlopmentl.Subtask 5.2 MPUD Application Support\Haarings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx B. Accessory Uses: 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). I—N 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 DevelopmenASubtask 5.2 MPUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx EXHIBIT B GENERAL: DEVELOPMENT STANDARDS 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. 110_1 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 Development\Subtask 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. hn 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 DevelopmenASubtask 5.2 MPUD Application Support\I-Iearings\12011 -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 111 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. Sign 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 /0-1 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 WUD Ord Exbts (clean).docx r 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 ara es N/A Side Yard 6' 0' or 10' 0' or 6 0' or 6' 5' from LL; 0' %z 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' S0' 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 'ront 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' orl0' 0' or 10' N/A 0' or 10' 0' or 10' Minimum Distance 0' OR 10' Between Accessory and Principle Structures on salve 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) QA2005 \050150.02.03 Hacienda Lakes MPUD- DRI- ERP\0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 MPUD Application SupporMearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 110"� 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. PRO L Figure 1 Terraced Setbacks Page 21 of 49 (6/28/2011) Q92005\050150.02.03 Hacienda Lakes MPUD- DRI- ERno005 Mixed Use Planned Unit Development\Subtask 51 MPUD Application SupportUiearings=l 1.6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx / 5' MIN. REAR YARD ACCESSORY `STRUCTURE SETBACK / 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK I I }--6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I I I YARD PRINCIPAL I _T IUAJ SETBACK I 1 15' MIN. 20' MIN.— 23' MIN. 1 ROW L 5' SIDEWALK — BACK OF CURB 10' MIN. CENTERLINE ; — — — — AOC. STR. = ACCESSORY 'STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single- Family Units ONT YARD PRINCIPAL STRUCTURE SETBACK PRESERVE PRESERVE 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK I STRUCTURE FROM PRESERVE I PSETBACK 25 FOOT MINIMUM PRINCIPAL I 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK,_ FROM PRESERVE ACC. STR. I STRUCTURE SETBACK 6' MIN. 1 12' MIN. ' MIN' I I 1 1 1 1 I i PRINCIPAL 10' MIN. 10' MIN. 10' MIN. I—O' MIN. SIDE YARD PRINCIPAL STRUCTURE f I 1 I 23' MIN. I 1 5' MIN. REAR YARD ACCESSORY `STRUCTURE SETBACK / 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK I I }--6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I I I YARD PRINCIPAL I _T IUAJ SETBACK I 1 15' MIN. 20' MIN.— 23' MIN. 1 ROW L 5' SIDEWALK — BACK OF CURB 10' MIN. CENTERLINE ; — — — — AOC. STR. = ACCESSORY 'STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single- Family Units ONT YARD PRINCIPAL STRUCTURE SETBACK Page 22 of 49 (6/28/2011) Q:\2 005\ 050150.02.03 Hacienda Lakes WLTD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmenASubtask 52 hTUD Application Support\Heasings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY � - - -- F------ �- - - - - -� STRUCTURE N 15' MIN. REAR YARD PRINCIPAL PSETBACK f I I STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL ACC STR -4/ STRUCTURE SETBACK FROM PRESERVE I I 1 1 1 1 I 10' MIN. 10' MIN. 10' MIN. I—O' MIN. SIDE YARD PRINCIPAL f I 1 STRUCTURE SETBACK t 1 PRINCIPAL f I STRUCTURE 23' MIN. ( (TYP.) 1 1 1 I I I f 1 I I FRONT YARD PRINCIPAL FRONT YARD PRINCIPAL _ STRUCTURE STRUCTURE SETBACK I I t 20' t 2 II 15' MIN. ' MIN. ROW —MIL — — 5' SI(iEWALK --- BACK OF CURB 10' MIN. CENTERLINE i — — — — ACC. STR. = ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single - Family /Zero Lot Line Units Page 22 of 49 (6/28/2011) Q:\2 005\ 050150.02.03 Hacienda Lakes WLTD- DRI -ERP \0005 Mixed Use Planned Unit DevelopmenASubtask 52 hTUD Application Support\Heasings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx PRESERVE 5' MIN. REAR YARD ACCESSORY ` 10 1.007 MINIMUM ACCESSORY �____— �--- --- �-- --- --� -- -_' _ STRUCTURE SETBACK STRUCTURE SETBACK :D,/ FROM PRESERVE i i t t 15' U MIN REAR YARD PRINCIPAL WI 25 FOOT MMUM PRINCIPAL I 1 11 STRUCTURE SETBACK I FROM PRESERVE ACC. STR. I ACC. SIR. I 1 I 1 I i I t I NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS MIN. 12' MIN. I I 1 J 1 1 t PRINCIPAL 1 23' MIN. PRINCIPAL I I TRU STRUCTURE SETBACK 1 I 1 i I FRONT YARD PRINCIPAL i I I '(-' — i — — ; FRONT' YARD PRINCIPAL STRUCTURE SETBACK I j 2O 1 1 STRUCTURE SEBNGC ttoW 15' MIN. — MIN. Mai. — (— — — 5. SIDEWALK BACK OF CURB w C ENTERUNE — ---} — j — — — ACC. SIR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two - Family Units PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK _ _ _ _ 10 FOOT UCMACCESSORY rF � STRUCTURE t 1 1 15' MIN REAR YARD PRINCIPAL FROM PRESE RVE 1 t I 1 t ;ZATT URE SETBACK 25 FOOT MINIMUM PRMCiPAL 1 SIDE YARD REQUIRED FOR CHED PRINCIPAL UNITS STRUCTURE SETBACK FROM PRESERVE 12' 1 1 MIN. PRINCIPAL STRUCTURE 6 MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK 1 1 I 1 FRONT YARD PRINCIPAL STRUCTURE: SETBACK I 1 I I t 1 1 I I2 MIN. 'MIN ROW 5' SIDEWALK BACK OF CURB 10' MIN. CENiQBINE — --T — — — ACC. SIR. — ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTKKALLY Figure 5 Attached Single - Family and Townhouse Units Buildin, Massing 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:\2005 \050150.02.03 Hacienda Lakes heUD- DRI -ERP \0005 NExed Use Planned Unit DevelopmenASubtask 5.2 NQUD Application Support\Hearings\2011 -6 -28 Hacienda Lakes NVUD Ord Exbts (clean).docx n CENTERUNE — — — — — — 30' ACCESS EASEMENT .00 BACK OF CUR @ EASEMENT LINE I _ T lill T t OPTIONAL 6' PRIVACY j t f t j I TWO CAR GAME (TYPICAL) WALL (TYPICAL ALL UNITS) I I NO SIDE YARD REQUIRED FOR ATTACHM PRINCIPAL UNITS 12' MIN" PRINCIPAL STRUCTURE 6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK FRONT YARD PRINCIPAL I I 1 STRUCTURE SETBACK 120' IL MIN. J — 5' 51DE0 --�- — — BACK OF CURB CENTERLINE — — — — ACC. STR. - ACCESSORY STRUCTURE NOT M 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- ERM0005 Mixed Use Planned Unit De Iopment\Subtask 5.2 NPUD Application Support \Hearings\2011 -6 -28 Hacienda Lakes MPUD Ord Exbts (clean).docx w_ LOT LRJF J�— ^ TYP, nd REAR REAR REARI REAR REAR REAR 5' 15' 24' A.E. ! ldIN. P.U.E. D.E /U.F.. / W w w tiJ w > A.E. ti w u w W w r W Jr• v) (fi 01 V1 N Ut f/7 fJf VJ to VI N. MIN. Jn 32' (T. P.) 26' (1)'P.) 31' (YP,) I FRONT FRONT RON7 FRONT FRONT + FRONT ' ALLEY LOT LINE o z I. o w (TYP.) .I FRONT FRONT FRONT FRONT FRONT { FRONT ! 241 A.E. i 151 j 51 _ s' I 0.E /U.E, F.U.E. MIN MINJ�..I u w u w ]uj w w w W w w IA.E. I o 0 D D D D o 0 0 0 t FRONT FRONT FRONT ( FRONT FRONT FRONT ALLEY —30 Figure 7 Attached Single - Family and Townhouse Units (Alley Design) (Scenario B) Building Massine 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 WLYD- DRI -ERP \0005 Mxed Use Planned Unit DevelopmenASubtask 5.2 WUD Application Support \Hearings\7011 -6 -28 Hacienda Lakes Iv1PUD Ord Exbts (clean).docx REAR REAR REAR REAR REAR REAR ! PASEO ' T _ -- 1' PASEO WALKWAY —_ Zo REAR REAR REAR REAR PEAR REAP, LOT LINE- _— M!Iv. W 0 0 W. o 4J W W W W ('Y°) 15' 1 I �li 24' A.E. III P.U.E. � D.EjU.E. v1 00 �� •r. ;ri vs �� ui v; v, to FRONT FRONT FRONT ( FRONT FRONT FRONT ALLEY —30 Figure 7 Attached Single - Family and Townhouse Units (Alley Design) (Scenario B) Building Massine 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 WLYD- DRI -ERP \0005 Mxed Use Planned Unit DevelopmenASubtask 5.2 WUD Application Support \Hearings\7011 -6 -28 Hacienda Lakes Iv1PUD Ord Exbts (clean).docx PROPERTY | BOUNDARY—, I REAR FRON17. REAR REAR REAR REAR REAR FRONT REAR REAR REAR REAR FRONT r,�-RONT MIN. 7 5. ALL LOT LINE 25' MIN UFRO FRONT FRONT Z NT X NONT MI',L LOT LINE 1A.Ea 10' 24 RFAR REAR REAR REAR REAR REAR R EAR R EA R �J Figure Attached Single-Family and Townhouse Units (Alley Design) (SoeuariwK] 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 u linear fashion and abuU have no more than sixteen units combined into one structure. Page 26 of 49 (6/28/2011) o:\20m\050/m.02.mHacienda LakesuTUo-Dm-Emm005 Mxed Use Planned Unit o=lop=m\Suma5kohVUD Application 10 FOOT U NUUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRl1CTURE� SET V= FROM PRESERVE 1/2 BVILD116 WGI-IT' MIMMUNI SIDE YARD PRINCPAL I STRUCTURE SETBACK 1 TRACT UNEI FRONT 1 STRUCTURE USEE ACCESS EASEMENT /ROW 5' SIDEWALK BACK OF CURB ACC. SIR. ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 9 Multi - Family Units 5' MK REAR -YARD ACCESSORY STRUCTURE SETBACK 15' TAT. Rim PMCWAL STRUCTURE SETBACK THE BURDCiO SIDE YARD Page 27 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 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 * ** 10 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 10 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR V. 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- ERM0005 Mixed Use Planned Unit DevelopmenASubtask 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 the Developer as generally depicted by LDC Appendix B -3, a Local Street typical roadway section. Page 29 of 49 (6/28/2011) Q12005 \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 (clean).docx ,110� 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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MASTER PLAN �, ..,.Pwo .9,.m�,„ — ��9 , /O"1 / l 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 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 013'35 "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.01 008'02 "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.89 001'58 "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.01 101'15 "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.87 137'31 "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 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 268332 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 18' ); Page 32 of 49 (6/28/2011) QA21005\ 050150.02.03 Hacienda Lakes MPUD- DRI -ERP \0005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\Hearings\2011.6 -29 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 °50'27 "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 °49'13 "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 SOUTH LINE 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 °37'27 "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.00 034'02 "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.88 012'42 "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) QA200M050150.02.03 Hacienda Lakes MPUD- DRL- ERP10005 Mixed Use Planned Unit Development\Subtask 5.2 MPUD Application Support\ Hearings\2011 -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.88 056'10 "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 °183 1 "E. FOR 1451.00 FEET; THENCE N.88 °56'54 "E. FOR 1582.00 FEET; THENCE S.00 °3135 "E. FOR 1130.61 FEET; THENCE S.89'1 5'59"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.00 141'48 "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 °49'34 "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 °28'21 "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\Heatings\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. L, 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 6.06.0l.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 #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. 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\HearingsL011 -6 -28 Hacienda Lakes MPUD 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% Required Native Vegetation* <921.09 71.71 <849.38 Preserved Native Vegetation ** 1395.35 40.81 1352.57 Compen ating Native Preserve 2x URF Deficit) ** 61.80 Total Preserve Area 1544.14 53.06 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 De elopment\Subtask 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 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 500`h 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 Development\Subtask 5.2 MPUD Application Support\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) Q12005\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 WUD Ord Exbts (clean).doex 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 n improvements are depicted in Figure 2, below. Page 39 of 49 (6/28/2011) Q:\2005\050150.02,03 ean). Hacienda Lakes MPI7D•DRI- ERPN0003 ALxed Use Planned Unit DevelopmentLSubtask 3.2 MPUD Applieasion Support�Haarinys120l l -6-28 Hacienda lakes WUD Ord Exbts (clean).docx If "I M E I - m a m v Figure 2 — Hacienda lakes DRI - Commitment 11 Legend Existing Lanes/Turn Lanes *a Lanes/Turn Lanes to be Constructed/Reconstructed — Roadway Segment Previously Constructed — Roadway Segment to be Constructed 10 Area Previously Developed ElArea to be Developed - . : Potential Area to be Developed a9g8J1•�a�o ... I� _.. � -- - a 8 lae Rattlesnake Hammock RoadiExtenslun. �i I l ! Residential # r Pod 4 ii ..• 1 Iti;J f 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 Laker MPUD- DRI- ERP\0005 Mixed Use Planned Unit DevelopmentLSubtask 5.2 MPUD Application Support\Hearings\2011 -6.26 HLcienda Lakes MPUD Ord Exbts (clean).doa Figure 3 — Hacienda Lakes DRI - Commitment III 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) Qi2005A050150.02.03 Hacienda Lakes MPUD- DRI- ERP10005 Mixed Use Planned Unit Developn,enMubtask 5.2 MPUD Application Suppo"kHearin9512011 -628 Hacienda Lakes MPUD Ord Exbts (clean). do" /-1 Figure 4 — Hacienda Lakes DRI - Commitment IV R•_ s- Residential Pod C v 1 ViN L -,t' Florida Power Line m v �1 Easement Rattlesnake Hammock Road xtension x Residential Residential Pod 8 ; t 1 Pod A Legend Ito, . @y Existing lanes /Turn Lanes >� Lanes/Turn Lanes to be Constructed /Reconstructed all Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed 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:t2005t050150.02.03 Hacienda fakes MPUD- DRI- ERPVOD05 Mixed Use Planned Unit DevelopmenASubtask 5.2 WUD Application Support\llearings\2011 -6-28 Hacienda Lakes NeUD Ord Exbts (dean).docx Figure 5 — Hacienda Lakes DRI - Commitment V Florida Power Line Easement J .. ... �� Residential Pod Ck: ' r. ' Residential L Pod D' The Lord's Way r J# ZZI Ts Rattlesnake Hammock R ad Cns on f ` Residential . F'L Residential 7 R�`_^ti1 pod B �` p� Pod A �> -o ti _ Legend �1 Existing Lanes/Tum Lanes Lanes/Turn Lanes to be Constructed /Reconstructed r ® Roadway Segment Previously Constructed �— Roadway Segment to be Constructed �e r Area Previously Developed Area to be Developed 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) QA2005W50150.02.03 Hacienda Ickes MPUD- DRI- ERM0005 Mixed Use Planned Unit DevelopmenOSubu nk 5.2 MPUD Appliemion SupportlHearings= 1.6.28 Hseienda Lkes WUD Ord Exbts (clean).doar 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. Figure 6 — Hacienda lakes DRI - Commitment VI Florida Power tine Easement Residential Pod C.x��r7b Residential Podf I +a '+ gesid,"..wl Pod E ThELord, Way { �– r�J r* � s i t! Rattlesnake Hammock Road atenslon i Residential ' ResldentWl s Pod a - Pod A Legend (y Existing Lanes/fum Lanes — L LaneVTUM Lanet to be Conuructed /Reconstructed — Roadway SeivneM Prer.ouOy Constructed — Roadway Segment to be tonstrwed r? Area Prellausly Oe.etoped Area to be Devrloped 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) QA20051050150.02.03 Hacienda Lakes NMM- DRL- ERP\=5 Mixed Use Planned Unit D- elopment\Subtult 5.2 MPUD Application SupporNiearings\2011 -6 -29 Hacienda Lakes MPUD Ord Exbts (clean).dom 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. VIII. Benfield Road South of Saba] 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:UD05 \050150.02.03 Hacienda Lakes MPUD- DRI- ERP10005 Mixed Use Planned Unit Dcvelopment\Subtask 5.2 MPUD Application SupporAFicarinpWI 1-6-28 Hacienda Lakes MPUD Ord Exbts (clean).do- 11� Figure 8 — Hacienda Lakes DRI - Commitment VIII Florida Power Line Easement 't 1 3 5 ;f .4 Legend Right of Way to be Dedicated 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) Q:0005\050150.02.03 Hacienda Ickes MPUD- DRI- ERM0005 Mixed Use Planned Unit Developm' Mubtask 5.2 MPUD Application SupNrA ieuings\2011 -628 Hodmtda 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). 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 Developntent\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 NTUD- DRI- ERP\0005 Mixed Use Planned Unit DevelopmenASubtask 5.2 NTUD Application Support\Hearings\2011 -6 -28 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. 11-1 Page 49 of 49 (6/28/2011) Q:\2005\050150.02.03 Hacienda Lakes WLTD- 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 Co �e�- Covs7r�st Growth Management Division Planning & Regulation Land Development Services MEMORANDUM To: Collier County Planning Commission From: Kay Deselem, AICP, Principal Planner, Zoning Services Thru Raymond V. Bellows; Zoning Manager, Zoning Services Date: July 28, 2011 Subject: PUDZ- 2006 -AR- 10146; HACIENDA LAKES MPUD The petitioner has provided the attached updated PUD document. This document was provided by the petitioner in an attempt to address staff's concerns. Gn"1h &13lragerrw.l Dvson • Plaxir3 & Regu'ation - 2800 North Hofseshoe Drive • Naples. Florida 34104.23°- 252 -24G0 • %�YN..co' :iergov.net EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE± TRACT "R" RESIDENTIAL 1,714 447.86 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. I 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, recreational vehicle parks onlX), 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. 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 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. 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: 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, 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, playfelds, tennis courts, and similar uses intended to exclusively serve community residents and their guests; Community 14horse stables and related equestrian facilities that complement the MPUD's proximity to the Picayune Strand State Forest may be allow on residential lands lynx east of the proposed north/south public roadway, subject to applicable permitting. This private, non - commercial, accessory use is intended pf4++aFd�-for community stabling for residents_ Horse racing, dressage, or horse jumping events open to the public are prohibited. 5_, a' — pPrivate stables on single - family lots greater than 40;OW212780 square feet in lot area are permitted to allow one horse for each 21,780 square feet of lot area. • Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 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; Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 5. Multi- family dwellings; 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 Il 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. N4edi al Dental ..a Wespital 6,,..: o.., and Supplies ice..,..... -38. Drug Stores and Proprietary Stores (Group 5912); 4-09. Health Services, (Groups 8011 -8049, 8051 -8059, 8071 -8072, 8082, and 8092 - 8099); 4410. 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 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. Furthermore, any office or hotel density not used elsewhere in the PUD may be used within Tract BP if the other non - residential tracts are built —out, as long as the intended use is allowed within Tract BP. 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); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 10. Educational services (groups 8221- 8299); 1 l . 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 271 1 - 2796); Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 29. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053); 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; Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 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 exceeded through a reduction of retail land uses or hotel rooms 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); C 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 11. Apparel and accessory stores with (groups 5611 - 5699); 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); • 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. is Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Such age restricted living facilities shall not be considered residential land uses for the purposes of density, but shall be eligikile= derived from 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. 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; 0 37. Drugstores (group 5912); 38. Depository institutions (groups 6011- 6099); 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); Q48. 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 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 611 1 - 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 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), excluding adult oriented rentals and sales; 83. Recreational vehicle dealers (group 5561), ; 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 (43 11 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 A. 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. 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 • 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 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. 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. VIII TRACT "PF" PUBLIC FACILITY 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. 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; r � 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 B. Accessory Uses: 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 44). 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 is road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C. (See Exhibit E, Deviation #8) �_ I EXHIBIT B DEVELOPMENTSTANDARDS 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 l 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. 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. 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. EO 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. 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 Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sien 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 in the Commercial Tract 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 development plan, or plat), and the trips consumed to date. TABLE RESIDENTIAL DEVELOPMENT STANDARDS e SETBACK SINGLE ZERO TWO SINGLE - SINGLE - FAMILY MULTI- CLUB RECREA 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' 1 MPUD ndary 15' 20', or 15' 20', or 15' 20', or 15' 20' 5' from LL; 16' 20' or '/2 BH 10 with side with side with side from BOC whichever is load garages load load garages rg eater. Front Yard Setback I garages Side Yard 6' 0' or 10' 0' or 6 0' or 6' 5' from LL; 0' /2 BH 5 when attached N/A Rear Yar 15' I 15' 15' 9' from LL on 15' or % BH 8 paseo; 5' otherwise whichever is ater re25' N/A From Preserve 25' 25' 25' 25' 25 25' 25' 45 30' Maximum Zoned Height 35' 3Y 35' 45' 75' 40' 11, Maximum Actual Height 42' 42' 1 42' 50' 50' 85' 50' Floor Area Minimum (SF) 1200 SI 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 t/, 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' Y 5' 5' SPS 5' 10' SPS From Preserve 10' 10' 10' 10' 10'. 10 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or10' 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. Notes: I ) 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 I below. PROF "I X Figure 1 Terraced Setbacks MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE DOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE 6' 1 PRESERVE I „ ACC. STR. I I 23' MIN. t I FRONT YARD PRINCIPAL 1 STRUCTURE SETBACK 15' MII ROW 5' SIDEWALK- - - BACK OF CURB 12' MIN. PRINCIPAL STRUCTURE (TYP.) 20' 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK I I MIN. 6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I 1 1 7=7' YARD PRINCIPAL STRUCTURE SETBACK 10' MIN. CENTERLINEi - - - - ACC. STIR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single - Family Units PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY F - - -- �------ �- - - - - -� STRUCTURE SETBACK -15' MIN. REAR YARD PRINCIPAL I STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL � � ACC STIR. STRUCTURE SETBACK FROM PRESERVE I I I I I U10' 1 410' MIN. 10' MIN. MIN. �-0' MIN. SIDE YARD PRINCIPAL I I I I STRUCTURE SETBACK I I PRINCIPAL I I STRUCTURE 23' MIN. (TYP.) I I I I I 1 1 I I - ?l -T FRONT YARD FRONT YARD PRINCIPAL I STRUCTURE SETBACK STRUCTURE SETBACK I I 1 20' 2I 3� I ' MIN. MIN. ROW - -MIL 5' SIDEWALK- - BACK OF CURB 10' MIN. CENTERLINE i - - - - ACC. STIR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single - Family/Zero Lot Line Units PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK T----- --I- -- - _ -- � - - _ - - ---I 10 FOOT MINIMUM ACCESSORY PRESERVE STRUCTURE SETBACK I 1 1 1 1 15' MIN. REAR YARD PRINCIPAL FROM PRESERVE I 1 1 1 I I� STRUCTURE SETBACK I 25 FOOT MINIMUM PRINCIPAL I 25 FOOT MINIMUM PRINCIPAL STIR. I I ACC. bK FROM PRESERVE STRUCTURE SETBACK 12' I I MIN. PRINCIPAL CTURE RINCIPAL FROM PRESERVE 1 I I I I 1 I I I I NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS 6' MIN. I 12' MIN. I I I I 1 I 1 �UCTURE I I 6' MIN. SIDE YARD PRINCIPAL I I 23' MIN. I I I I 1 (TYP) I 1 STRUCTURE SETBACK I I I I I — I I FRONT YARD PRINCIPAL FRONT YARD PRINCIPAL STRUCTURE SETBACK I I i 20 I I STRUCTURE SETBACK 15' MIN, MIN. MIN. ROW - - - - - - 5' SIDEWALK— BACK OF CURB 10' MIN. CENTERLJNE - -} - j - - - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two - Family Units FRONT YARD 1 STRUCTURE SETBACK 5' SIDI BACK OF CURB- >> ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single - Family and Townhouse Units Building Massinp_ V 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. PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK _ _ _ _ 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK I 15' MIN. REAR YARD PRINCIPAL I I H I STRUCTURE SETBACK FROM PRESERVE I I I I I I I 1 0 SIDE YARD REQUIRED FOR 25 FOOT MINIMUM PRINCIPAL I I ATTACHED PRINCIPAL UNITS STRUCTURE SETBACK ACC. bK FROM PRESERVE 12' I I MIN. PRINCIPAL CTURE RINCIPAL ' i �STRUCTURIE SETBACK FRONT YARD 1 STRUCTURE SETBACK 5' SIDI BACK OF CURB- >> ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single - Family and Townhouse Units Building Massinp_ V 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. ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single - Family and Townhouse Units Building Massinp_ V 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. I I OPTIONAL 8' PRIVACY I ACY I I I WALL (TYPICAL ALL UNITS) �-� T I I TWO CAR GARAGE (TYPICAL) ACC. MR. - 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. I I NO SIDE YARD REQUIRED FOR I ATTACHED PRINCIPAL UNTTS 1 12' MIN. PRINCIPAL STRUCTURE 8' MIN. SIDE YARD PRINCIPAL I I (TYP.) I STRUCTURE SETBACK I FRONT YARD PRINCIPAL I STRUCTURE SETBACK I20'MIN. ROW 5' SIDEWALK - - BACK OF CURB CENTERUNE - - - - ACC. MR. - 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. - �� Q; LOT LINE / TYP. w ' . z m � REAR REAR fRR REAR REAR REAR 5' 5' 24' A.E. MIN. P.U.E. D.E /U.E. a E. w w w w w w w o D c c D D D c 5. n o, En v; U N n L LO F N MIN. 32' (TYP.) 26' (TYP.) 31' FRONT FRONT FRONT FRONT FRONT - FRONT ALLEY w w LOT LINE o Z p W (TYP.) `r .') o N FRONT I FRONT FRONT FRONT FRONT I I FRONT 24' A.E. 15' 115 ' D.E /U.E. P.U.E. MIN. MIN' LL, w w w w w w w w w w w /A.E. D D c D D D D c D D c c tI un � v) LO N LO 0 Ln Ln (n I S REAR REAR REAR REAR REAR REAR PASEO REAR REAR REAR REAR REAR REAR LOT LINE (TYP.) S'. MIN. D D D w w w D w D 15' 24' A.E. w w w w w w w w o D D N Cn D c H5 4 /A.E. D.E /U.E. FRONT FRONT FRONT FRONT FRONT FRONT ALLEY —� Figure 7 Attached Single- Family and Townhouse Units (Alley Design) (Scenario B) Building 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. 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. E 5' MIN. REM YARD ACCESS - STRUCTURE SE17iACK TRACE LINE ACC. STR. ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTONUIY Figure 9 Multi - Family Units 1/2 THE SUM OF THE BUILDING HEIGHTS MINIMUM SIDE YARD PRINCIPAL STRUCTURE SETBACK PRINCIPAL STRUCTURE SETBACK PRESERVE 10 FOOT MINIMUM ACCESRY STRUCTURE SO SETBACK FROM PRESERVE 25 FOOT MINIMUM I ACC. STR' PRINCIPAL STRUCTURE 1 (TYP.) SETBACK FROM PRESERVE 1/2 BUILDING HEIGHT MINIMUM SIDE YARD PRINCIPAL STRUCTURE SETBACK TRACT LINE FRONT YARD PRINCIPAL I STRUCTURE R ACCESS EASEMENT/ROW 5' SIDEWALK BACK OF CURB 5' MIN. REM YARD ACCESS - STRUCTURE SE17iACK TRACE LINE ACC. STR. ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTONUIY Figure 9 Multi - Family Units 1/2 THE SUM OF THE BUILDING HEIGHTS MINIMUM SIDE YARD PRINCIPAL STRUCTURE SETBACK PRINCIPAL STRUCTURE SETBACK TABLE H 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 * ** or as rovided for below 10 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 10 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 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. Commercial and Mixed -Use Building Setbacks The following standards shall only apply to buildings oriented on a private driveway and for which the front of buildings provide primM inuess and egress to the buildings. Commercial and /or mixed use buildings (commercial and residential land uses) shall have a minimum 5 foot front yard between the back of curb and the face of the proposed building Where office or residential land uses are proposed above the first floor, the fourth through fifth floors shall be setback a minimum of 8 feet from the front of the building on lower floors Regardless of the proposed uses in the building a 16 foot setback shall apply to all floors above the fifth floor, as measured from the front of the building on floors one through three. hree. C7 • • 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 25-50 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'/2 THE SUM OF 10 FEET STRUCTURES - BUSINESS PARK BUILDING HEIGHTS MIN. DISTANCE BETWEEN SBR. of 18 FEET SBR, or 10 FEET STRUCTURES - SCHOOL MAXIMUM ZONED HEIGHT - BUSINESS PARK 30-35 FEET W35 FEET MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT — BUSINESS PARK 60-50 FEET 60-35 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 the Developer as generally depicted by LDC Appendix B -3, a Local Street typical roadway section. TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA ]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 1/2 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 is 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. • n - z , �a , Y m�$ m fir fi ,U�•O a HE qc > EXHIBIT C MASTER PLAN -__. = -low 1)) - - -_ `K ° S i ! E l l ',..� yBB yEa ?F> o C �o tl c s RRtR ",R �YK�RR,R •- �j,g�gg �� g � i y tsmo A 0 `K F. €sR 2 r 19 t a CMS5 S'. iaz� O �gspR a top 4 WT €EEiF�gc ar ? Pei �$� �a �9 °a)s � u HACE'NDA LAKES OF NAPLES LLC. � \� l / \us.� s HACIENDA LAKES vim;« OVERALL MPUD/DRI CONSULTING Qvil Bngineaag MASTER PLAN MPUD/DRI ��..�`.� � �S °"`y°g & g �ng a o is o.xx. we�w.w as :nwr.0 ',..� Y o C �o tl c s RRtR ",R �YK�RR,R F. €sR 2 r 19 t a CMS5 S'. iaz� O �gspR a top 4 WT €EEiF�gc ar ? Pei �$� �a �9 °a)s � u HACE'NDA LAKES OF NAPLES LLC. � \� l / \us.� s HACIENDA LAKES vim;« OVERALL MPUD/DRI CONSULTING Qvil Bngineaag MASTER PLAN MPUD/DRI ��..�`.� � �S °"`y°g & g �ng a o is o.xx. we�w.w as :nwr.0 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 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "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 °07'1 3 "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.01 008'02 "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.01'04'1 I "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.01 018'52 "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.01014'38 "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.01 001'15 "E. FOR 1699.99 FEET; THENCE S.89 001'58 "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.89 001'58 "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 °37'31 "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.01 001'15 "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; 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 °50'27 "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 °49'13 "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.87 028'42 "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 °26'11 "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 Q 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.87 130'06 "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 SOUTH LINE 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 °37'27 "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.00 034'02 "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.88 012'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; 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. 10 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 1 130.61 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.00'37'1 4"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.89 057'58 "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.89046'12 "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 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'1 0 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 056'29 "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.0 I 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 +/- EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC ., wall is to be ifisfalled, Whieh PFE)hibitS ftiter-e4ion of existing ground levels fef: the pur-pese of iner-easiiig This deviation has been withdrawn by the applicant. Deviation #2 seeks relief from LDC Subsection 6.06.0l.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.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. 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 #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. 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. 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% Required Native Vegetation* <921.09 71.71 <849.38 Preserved Native Vegetation ** 1395.35 40.81 1352.57 Compensating Native Preserve 2x URF Deficit ** 61.80 Total Preserve Area 1544.14 53.06 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 be the required Rural native vegetation area. ** 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 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 500`" 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. 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. • • Figure 1— Hacienda Lakes DRI - Commitment I f Legend i4 Existing Lanes/Turn Lanes �— L Lanes /Turn Lanes to be Constructed /Reconstructed Roadway Segment to be Constructed iii} f l Potential Areas to be Developed w's v I f > 0 a r J '► 3 i Rattlesnake Hammock RoadjExtension ..:. Residential c -� Pod A Florida Power Line Easement i -i ll. 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. figure 2 — Hacienda Lakes DRI - Commitment II 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. NORTH AREA 1V. 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. Fieure 4 — Hacienda 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. C Figure 5 — Hacienda Lakes DRI - Commitment V / Florida Power Line Easement Residential f i Pod C a t Residential ti Pod D 1� *t '1 The Lord's Wa Rattlesnake ammock R d (xtension �y F Residential Residential Pod B Y-- Pod A T Legend 2 Existing Lanes/Tum Lanes L Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed e Area to be Developed 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 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. 6 — FW Ienda Lakes DRI - Commitment VI Fonda Power Line Easement Residential Pod C' Pad D i Residential Pod E I the Lord's Wa ro 1� 1� Rattlesnake Hammock ROD xter qn _. Pod A Wtu {y Existing LanevTurn Lanes L LjrM/Cum Lanes tot* Constructed/Reconsttocted .�. Roadway Segment Previously Constructed R m oadway Segment to be Canstr- ded ElArea Previously Dev#40W I Area to be Develoaec 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 • 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. 14 rlgure t - rlacnmoa Lallmti ym - Lammnmanz rs Florida Power line Easement Residential � Pod y' �•'-, Residential PDd D op �`' ft-SAW Wt Pod E Recidendlel Rod A Lmc-nl 46 Existing lanesffurnunes Lanesffurn Lanes to be ConstrKMWReconstructed �. RoadwsySe gment?reviouslytorntrucled �. Right of Way to be Preserved F1 Area Prev,ouOV Developed Gl Area to be Developed A! 7��M- Residential Pod B 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 Saba] Palm Road (approximately l .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. Figure 8 — Hacienda Lakes Dill - Commitment Vill Florida Power Line Easement F� f Legend - -- Right of Way to be Dedicated 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 which this DR] impacts deficient 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 road 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 road 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 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. X1. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses the Developer shall construct at its sole expense a Collier Area Transit (CAT) stop /shelter within the Commercial Tract C that shall include a 10'x 20' pavilion shelter with benches and protection from the elements and include a minimum of three (3) bike racks. The location of the CAT shelter is eg nerally depicted below on the Master Mobility Plan. XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract the Developer shall construct, at its sole expense a Collier Area Transit (CAT) stop /shelter within the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. The location of the CAT shelter is eg n, erally depicted below on the Master Mobility Plan. G 1 1 1 1 1 1 1 rn 1 m 1 cl; 1 v 1 z 1 > 1 w 1 O 1 m 1 W J J O Proposed Access Proposed Access RATTLESNAKE HAMMOCK R& EXISTING CAT ROUTE 4A 07EXISTING CAT ROUTE 4A &4B� Legend Land Use CAT STOP /SHELTER i Attraction Tract - Proposed CAT Route 4A & 413 Extension _ Business Park or School Existing CAT Route 4A & 4B commercial Q Existing CAT Facility 4A - Preserve Tract Existing CAT Facility 4B Public Facilities Tract (EMS) - Existing CAT Route 7 i . Junior Deputy i Proposed Pedestrian Facilities - School • -- Existing Shared Use Path Residential Tract OProject Boundary - Residential / Medical Use Development Boundary I" Public ROW Reservation \ EXISTING CAT ROUTE 7 (TO MARCO ISLAND) 1 DEVELOPER PROPOSED CAT 1 STOP /SHELTER THE LORD'S WAY 1 POTENTIAL 1 CAT STOP/SHELTER/ 1 PROPOSED 1 4A & 48 CAT 1 ROUTE EXTENSION DEVELOPER 1 PROPOSED 1 CAT STOP /SHELTER 1 PROP. RATTLESNAKE ■ HAMMOCK RD. EXT. Pedestrian Facilities Will Be Extended Along All Internal Roads Even If Not Shown Hacienda Lakes �. Master Mobility Plan N POTENTIAL CAT STOP/SHELTER Pedeetri facilities Will Be Exten e�l Along All Internal Roads tyen if Not Shown STATE LANDS 1?«TA'� P irg Dere: Odo 6, 2010 File: Tlo,*e hM1200S05 0150.0].03_ MnaerMeLnhen \GMP\Rev02\TroneilMP.mxG u Els �Q% r EXISTING CAT EXISTING CAT FACILITY FACILITY 4A (TYP) 48 (TYP) Pedestrian Facilities Will Be Extended Along All Internal Roads Even If Not Shown Hacienda Lakes �. Master Mobility Plan N POTENTIAL CAT STOP/SHELTER Pedeetri facilities Will Be Exten e�l Along All Internal Roads tyen if Not Shown STATE LANDS 1?«TA'� P irg Dere: Odo 6, 2010 File: Tlo,*e hM1200S05 0150.0].03_ MnaerMeLnhen \GMP\Rev02\TroneilMP.mxG u Els 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). 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. 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 10 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. X DEVELOPMENT OF REGIONAL IMPACT A. 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 cony 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. .g Deveiepet- iii the DR! tiiid the PUD. Haeieiida 6akes of Naples L6C shall eiiiy be released 1�1 AGENDA ITEM 9 -D THIS ITEM IS WAS SUBMITTED IN A SEPARATE BINDER THIS ITEM WAS CONTINUED FROM THE JULY 219 2011 MEETING DRI- 2006 -AR- 101479 HACIENDA LAKES DEVELOPMENT , -lb- Co *r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE•' RE: PETITION NO: DRI- 2006 -AR -1014 , HACIENDA LAKES DRI (COMPANION ITEMS: PUDZ- 2006 -AR- 10146, 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 n 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) PURPOSE/DESCRIPTION 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 LOCATION MAP PETITION #DRI- 2006- AR- 10147 1 ZONING MAP •:-- ROSE Mom ME E11111111 Ulm ��al • El ■ Lm RH ® ■ Iii1 1111111 •� VM y LOCATION MAP PETITION #DRI- 2006- AR- 10147 1 ZONING MAP LAND USE SUMMARY D M 13 LAND DEC ACRDAGE "C "a t:)MVFRCIAI 34.16+ ACRES +COWMERCIAL LPiNti S QVVVE FRED El's' PUWC RQw TMC;T 44,4.51:t ACRES "A" A- TRA.r.TI(.)N 47.27+ ACRE 'IR" RLSI DLNIIAL 447.86t ACRLS IDP CR S„ BUSINESS LARK OR SCHCO_ 35:38 ACMES 1p" PRESERVE 1544:14± AIRES ' F" PUBLIC FACILITY 1..33f AGES 0.0 SF JUNICR DrEPUTP 21.62± ACRES 200 Units SCHOOL 19.56± ACRES 'R IAU" RESIDENTIAL/ MEDICAL L USE 38.82± ACRES 'ROW" 1PUBLIC ROW ,� EASEMENTS 72-GI t ACRLS TOTAL 220214 ± A! :IBS it LivFAD119_La IVIML ur IrIG3c 1iv tnViirfF5 c.r+.ri.r +" EtCU 0E THIS ACRM --- WHEN TOTALLING FRCQEGT AREA AS I 13 14CLLJDEC IM 1HE "P.O TRACT 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 Stage One Year Residential Sin to -Famit 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 0.0 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 1 420 Units 1 530 Units 327,500 SF 1 70,000 SF 1 40,000 SF 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 1 0.0 SF 1 0.0 SF 1 20,000 SF 810 Units 1 284 Units 526 Units 1 0 1 0 1 100,000 SF 919 Students Totals: 1760 Units 704 Units 1,056 Units 327,500 SF 70,000 SF 140,000 SF 919 Students 'The 135 Roan hotel is proposed to be developed in Phase One, in 2014. Site Description: 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 vegetation communities are described in the exhibits attached to the EAC staff report that is included in the back up information. 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 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. n 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. STORMWA TER 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. n 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: n 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. of the Sabal Palm culvert crossings and associated 2) The developer shall coordinate installation 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 I w ba 1 � -3-04 'll 6b 711 — 4, '@ a&,,, - KAY D ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: G-zB -rt RAYM D V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES WILISAM D. LORENZ, JR., P.E., RECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES Eta TWIT111A OW "MA -7- iz -1 NICK SA ANGUI A, �§`<RATOR DATE GROWTH MANAGEMEN I ISION 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 /O—\ �pY COiiH�� 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 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 Project 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 n 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 $11.1M 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 —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 proiect 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 11 -4 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 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 n 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. 113, 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. n G:ICDES Planning Services\Consistency Reviews120111DR1- 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 The L. 1 ;.1 .l 0 ., the analysis do t ' 1 a of it, units that ,�. gM be any g a a � developed in the pr-qjeet. It is possible that seme units may ultimately fall in4e pfiee ranges th will be a&fdable for- the medefate and 0 deeisiefts made by subsequent builder4develepefs of individual ownefs that fnight r-efA of seli theiff pfopeffies. \ k \ - NEW Op .� • • - - \ •_ i lip 1 1 The L. 1 ;.1 .l 0 ., the analysis do t ' 1 a of it, units that ,�. gM be any g a a � developed in the pr-qjeet. It is possible that seme units may ultimately fall in4e pfiee ranges th will be a&fdable for- the medefate and 0 deeisiefts made by subsequent builder4develepefs of individual ownefs that fnight r-efA of seli theiff pfopeffies. \ k \ - NEW _ •_ i lip 1 1 -1- i PIN OWN I l� r. al! of the aff-er-dable housing units eempleted and available for eeetipaney eitheF on sit tD eentfibut*: 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- 9 MR -T- Rye, M 1111.11" 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 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 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) n 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 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) have a Seasonal r a fv E-ffierene-s Fracin (SEW of 16 higher-. or- (IS) Solar- hot water- heaters shall be insWied an twenty five (25) per-eent of r-esidenti (16) S elaf hot water- hea4er-s shall be installed on 100 per-eent of r-esidentW stfuetffes that havee M WV= _ Fir. re!e _ (21) The developer shall ullew 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 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 -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 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) 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 develepe shall develop ordef use above init gation option, huffieane evamation plan timely evwuatien in the event of an impending huffieane; the availability and fell . and In to the the develepe shall develop ordef use above init gation option, huffieane evamation plan the fell shall address and o at a minimmo, v huffieane e htmiean shelter- altemati-ves ineluding hotel. ffie ds and the 1., at;., of bot1, the huffieane shelters .1 onsite eF ofF ;to ubl; shelters, and ether- pr-etee&e et;,. implemeRting the plan; developed in eeefdination and other- items with leeal emefgeney as deemed management appr-opfiate. The offleials. plan shall b la order- use this mitigation option, 1 must address the final be fetmd suffleient by the reviewing plan the must by the r-eeenuneadations provided Feviewmig 0, r. - OWN- -7- 1., al emergency e ent efflei is a . kig 4ie pr-evisiefis ability to edu , l 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 10_1�1 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 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. n 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 inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. -10- 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 affl nis. 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. 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 n biological uptake of nutrients and other ions. -11- v. Increased Flow Path- Locate inflow and outflow structures to maximize effective 110� 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 €ellewin 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. ter. I • -12- 110� nimlioil�.slisii MIMMMMME =3 nimlioil�.slisii -13- ' ■ - ■ • MW ■� -13- , - NO • /_ . . WIN Y. OWN \� • WN ■ • • /_ . . WIN Y. OWN \� -14- • WN -14- } The neighbor-hoods shall be - -- - l -r - - with -- t' ,.1 street system that ei this eeffwftitmefft is me� of no longer- applieable. • r �- r Mr. ermp"ma • mer. 0 _ r • •. _ MIRPRUMVPME ■- • �• IMM _ r -15- e. Vwl �w I' } The neighbor-hoods shall be - -- - l -r - - with -- t' ,.1 street system that ei this eeffwftitmefft is me� of no longer- applieable. • r �- r Mr. ermp"ma • mer. 0 _ r • •. _ MIRPRUMVPME ■- • �• IMM _ r -15- e. The neighbor-hoods shall be - -- - l -r - - with -- t' ,.1 street system that ei this eeffwftitmefft is me� of no longer- applieable. • r �- r Mr. ermp"ma • mer. 0 _ r • •. _ MIRPRUMVPME ■- • �• IMM _ r -15- �- r Mr. ermp"ma • mer. 0 _ r • •. _ MIRPRUMVPME ■- • �• IMM _ r -15- -15- PIP \ . Mine 1 111 IWARI way • MI W ATAIL • _ • EPW ■ . • 1 _ ■ . 1� ■ _ • Fil 1 MR � . - \ - • - •. 11 • IN • 1 • . . • • -WIRM11I Mm • Y. • 1 -16- • 11 Bra ._ 1� 11� I VA 1 111 - - mum .- - ._ • 11 Bra ._ 1� 11� .- - • 11 Bra ■ _ 11� • 11 Bra bb. For- all eemmitmefAs identified in a 4ffeuoaa5 the Developer- shall speeify a "e date wh the eommitmnnt + e 1 1' 1.1 -- -� _.�� ...... ...� ..,.. -, cvzzrrw • _ • 1 r � 1• 1 i -18- eentfibuting fnere than five 0 building and be pefmits eeFtifieates laeal govenwaent's eeneuFFeney of oeeupancy will not granted ufAil the standards of /Ol\ have been met. The developme ffmnagement system -18- r. —win I _ \- 1 r. JWr • AMR . wift''ORMNIM"IMMITM r ■_ - • 1 1 � Y. \ • Surm. OUT. r 1 r. JWr • AMR . A14 p o,. +,.oads shall be , .,s+..ac4e,t to County Standards and shall be dedi ate tmeneumber-eEb for- x.11 ..,,blic a s to the !'.,u tom wift''ORMNIM"IMMITM N-01,11 arm*". A14 p o,. +,.oads shall be , .,s+..ac4e,t to County Standards and shall be dedi ate tmeneumber-eEb for- x.11 ..,,blic a s to the !'.,u tom ■ \ • W. r ■ \ � r rJ" W_ -19- P M peak houf r' ff eetiffts with s ,.:. movements at the pfejeet's aeeess points an on the ex4 1 ,1 r .1 r r' identified ,1 Table !' points�__ ___ ____ _.______._...,,...,� „�- b...�....., ,,...�......��a .a��..avuo auvaauuvaa aai - r- aocc =-v- , OF as a°y:aaa..dvT Collier- County. low Mow / --- ------ ------ --- - ""--`- --- T..,..e G 7, of as required ..) C,.aaaea ._..,way'. In PP-M MIT" opffor-VoMm -RA _ aft it- mi• ._.. - P M peak houf r' ff eetiffts with s ,.:. movements at the pfejeet's aeeess points an on the ex4 1 ,1 r .1 r r' identified ,1 Table !' points�__ ___ ____ _.______._...,,...,� „�- b...�....., ,,...�......��a .a��..avuo auvaauuvaa aai - r- aocc =-v- , OF as a°y:aaa..dvT Collier- County. low Mow / --- ------ ------ --- - ""--`- --- T..,..e G 7, of as required ..) C,.aaaea ._..,way'. In PP-M MIT" opffor-VoMm P M peak houf r' ff eetiffts with s ,.:. movements at the pfejeet's aeeess points an on the ex4 1 ,1 r .1 r r' identified ,1 Table !' points�__ ___ ____ _.______._...,,...,� „�- b...�....., ,,...�......��a .a��..avuo auvaauuvaa aai - r- aocc =-v- , OF as a°y:aaa..dvT Collier- County. low Mow / --- ------ ------ --- - ""--`- --- T..,..e G 7, of as required ..) C,.aaaea ._..,way'. -20- M. -20- T� —Changes development r phasing may 00 ErrF distribution and assigBment. 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 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 -siie 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 drat Hacienda Lakes Preserve Area Management Plan �-1 submitted on Mare Mareh 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 -23- 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) n 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 fast 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. 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 -25- construction and sales offices, model homes and rest shelters. All temporary septic systems 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 S4T.'1 n 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; 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-