CCPC Agenda 05/17/2012 RPLANNING
COMMISSION
MEETING
AGENDA
MAY 17, 2012
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 17, 2012, 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.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES April 13, 2012 (LDC Amendments), April 19, 2012, April 25, 2012 (LDC
Amendments)
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. VA- PL2011 -1576: Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida,
relating to Petition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5
to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore
Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier
County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
1
B. PUDZ- PL20110001519: Naples View RPUD -- 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 a Rural Agricultural (A) zoning district to a Residential Planned Unit
Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow
construction of a maximum of sixty -six residential dwelling units on property located at 6900 Airport Road
North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1 l +/- acres; and
by providing an effective date [Coordinator: Kay Deselem, AICP, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
A. NOTE: This item has been continued from the May 3, 2012 CCPC meeting per the applicant:
SV- PL20110002805: Agave Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida
relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.17 of the Land
Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square
feet on the northern building facade and a second wall sign of up to 96 square feet on the western facade of its
building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range
25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
B. CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier
County, Florida providing for the establishment of a Conditional Use to allow an educational aquarium within an
Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.l.c.3 of the Collier County Land
Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County,
Florida. [Coordinator: Mike Sawyer, Project Manager]
C. PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier
County Land Development Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a
project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is
henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450
residential dwelling units on property located approximately one -half mile east of the intersection of Collier
Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East,
Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the
Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner]
10. OLD BUSINESS
A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner]
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda/Ray Bellows /jmp
x* NOTE: AFTER THIS REGULAR MEETING IS ADJORNED THE CCPC WILL OPEN A CONTINUED
WORKSHOP ON THE MASTER MOBILITY PLAN FROM THE APRIL 12TH MEETING.
!
AGENDA ITEM 9 -A
This item has been continued from the May 3, 2012 CCPC meeting.
SV- PL20110002805: Agave Grill, A Resolution of the Board
of Zoning Appeals of Collier County, Florida relating to
Petition Number SV- PL20110002805 granting a variance
from Section 5.06.04.F of the Land Development Code to
allow two wall signs on one building consisting of an existing
wall sign of 93.33 square feet on the northern building
facade and a second wall sign of up to 96 square feet on the
western facade of its building which building is located at
2380 Vanderbilt Beach Road in Section 02, Township 49
South, Range 25 East, Collier County, Florida. [Coordinator:
Nancy Gundlach, AICP, RLA, Principal Planner]
You have received this material from the previous meeting.
AGENDA ITEM 9 -13
Co er County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES
GROWTH MANAGERMENT DIVISION, PLANNING AND REGULATION
HEARING: MAY 17, 2012
SUBJECT: PETITION CU- PL20110001157, ICHTHYO PARK
PROPERTY OWNER/AGENT:
Owner(s): Viktor Jarikov and Iryna Labachova
316 Morgan Road
Naples, FL 34114
Agent: Tim Hancock, AICP
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, FL 34105
REQUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider an application for a
Conditional Use pursuant to the Land Development Code (LDC) Section 2.03.01.A.1.c. of
the Rural Agricultural Zoning District. The conditional use being requested is as follows:
Number 3, to allow an aquarium.
GEOGRAPHIC LOCATION:
The subject 9.17± acre site is located at 316 Morgan Road, on the east side of Morgan
Road, +/ -4500 feet east of the intersection of Collier Boulevard (CR 951) and Sabal Palm
Road, and four tenths of a mile north of the intersection of Morgan Road and Sabal Palm
Road, in Section 23, Township 50 South, Range 26 East. (See location map on the
following page)
CU- PL20110001157 Page 1 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
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MASTER CONCEPT PLAN
PURPOSE/DESCRIPTION OF PROJECT:
The Petitioner has applied for a Conditional Use as provided for in the Agricultural (A)
zoning district for a proposed privately owned Aquarium. Aquariums are listed as
Conditional Use three (3) in this zoning district pursuant to LDC Section 2.03.0l.A.l.c.3.
The site is currently developed as a single - family residence with an art studio /gallery that
was used by the previous owner for private art gallery events. The project site has
unimproved parcels to the north, west and east. To the south is an existing single - family
residence. Access to the project is provided by Morgan Road which is a private road that
intersects with Sabal Palm Road to the south.
According to the petitioners' application the proposed Aquarium will utilize the former art
studio and gallery space and will not require expansion of the current building footprint.
The Master Concept Plan shows proposed parking facilities, additional minor site
improvements, and two methods of providing site egress at the southeast corner of the
parcel. Ingress and egress are provided on the site in a single lane loop configuration.
Egress currently occurs on the adjacent residential parcel to the south with the
second/optional method of egress shown slightly to the north within parcel limits. The
petitioner further states that the former owner operated the Jonathan Green Studio which
held private gallery events two to four times per month and that approximately 50 -300
guests in attendance. The events were conducted on a "by invitation only" basis. Staff has
researched and determined that the previous art studio /gallery operated using a home
occupational license. The application indicates that the proposed Aquarium will have less
traffic than the previous gallery and will operate from 9:00 am to 6:00 pm, 365 days per
year with special events limited to perhaps once or twice per year. The applicant also
indicates that if food or beverage services are provided it will be by vending machines.
SURROUNDING LAND USE & ZONING:
North: Undeveloped Parcel, with a zoning designation of Planned Unit Development
(PUD), Hacienda Lakes.
East: Undeveloped Parcel, with a zoning designation of Agricultural (A).
South: Undeveloped Parcel, with a zoning designation of Agricultural (A).
West: Developed Single - family Residence with a zoning designation of Agricultural
(A).
CU- PL20110001157 Page 4 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property has a zoning designation of
Agricultural (A), and further designated within the Urban Mixed Use District, Urban
Residential fringe Subdistict, on the Future Land Use Map (FLUM) of the Collier County
Growth Management Plan (GMP). Land Development Code (LDC) Section 2.03.01 for
Conditional Use (3) allows Aquarium as a Permitted Use (SIC- 8422). Aquariums are also
an allowable use under the Future Land Use Element Urban Designation (9) - Agriculture.
The criteria are stated in italics, followed by staff comments in Bold.
Policy 7.1, The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be
made without violating intersection spacing requirements of the Land Development Code.
The property does not abut collector or arterial roads. Therefore the proposed use
may be found consistent with this policy.
Policy 7.2, The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals. As depicted on the Master Concept Plan, Morgan Road (a private
roadway) is accessed from Sabal Palm Road and ends to the north, with an ingress
CU- PL20110001157 Page 5 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
entering the site located at 316 Morgan Road. The entry drive loops in front of the
current single family residence and exits the parcel to the south at the abutting
residence at 308 Morgan Road. Should an egress access agreement with the
neighboring property not be possible the Master Conceptual Plan provides for an
optional egress exit from the subject parcel directly to Morgan Road. Therefore the
proposed use may be found consistent with this policy.
Policy 7.3: All new and existing developments shall be encouraged to connect their local
streets and their interconnection points with adjoining neighborhoods or other
developments regardless of land use type. The Master Concept Plan and as referenced
on page two of the applicants "Growth Management Plan Consistency" response to
Policy 7.3, shows the subject site surrounded by vacant lands to the north, west and
east with a single family residence to the south. Potential for agricultural/residential
development exist, however pedestrian or vehicular interconnection may not be
feasible due to the type of development proposed. Therefore the proposed use may be
found consistent with this Policy.
Based on the above analysis staff finds this request consistent with the Future Land Use
Element of the Growth Management Plan.
Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the
adjacent roadway network has sufficient capacity to accommodate this project within the 5
year planning period. Therefore, the subject application can be found consistent with
Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP).
County Road 951 (Collier Boulevard) Impacts:
The first link that is impacted by this project is Link 35.0, Collier Boulevard from
Rattlesnake Hammock to Tamiami Trail. The project generates 5 p.m. peak hour, peak
direction trips, which represents a 0.15% impact. This segment of Collier Boulevard
currently has a remaining capacity of 1,433 trips, and is currently at LOS "C" as reflected
by the 2011 AUIR.
No subsequent links beyond this segment of Collier Boulevard are significantly impacted
by this project.
Note: Sabal Palm Road is not a roadway link that is monitored for concurrency or analyzed
for consistency with policy 5.1 of the Transportation Element.
Conservation and Coastal Management Element (COME): Staff finds the project to be
consistent with the Conservation & Coastal Management Element (CCME). This project
was not required to go before the Environmental Advisory Council Board (EAC) as it does
not meet the required criteria for review by the EAC as found in Division 23, Section 2-
1193 of the Collier County Code of Ordinances. The project site consists primarily of
wetland vegetation including cypress and pine- cypress- cabbage palm habitats with varying
degrees of exotic vegetation. A minimum of 15 % of the existing native vegetation shall
be placed under preservation and dedicated to Collier County. The proposed 0.53 acre
CU- PL20110001157 Page 6 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
wetland preserve area is located in the north west portion of the project site. There are no
proposed impacts to any of the onsite wetland habitats.
ANALYSIS:
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA),
the Planning Commission must make a finding that: 1) granting approval of the conditional
use will not adversely affect the public interest; 2) all specific requirements for the
individual conditional use are met; and 3) satisfactory provisions have been made
concerning the following matters, where applicable:
1. Section 2.03.01.A.l.c.3 of the LDC permits conditional uses in the Agricultural
Zoning District.
The requested use for an aquarium is permitted as a conditional use in the Agricultural
(A) Zoning District, subject to the standards and procedures established in section
10.08.00, Conditional Uses Procedures, of the LDC.
2. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the applicable provisions of the FLUE,
the Transportation Element and the CCME Element; therefore the petition is consistent
with the overall GMP. With the conditions of approval included by staff, the proposal
may also be found consistent with all of the applicable provisions of the LDC.
3. Ingress and egress to the property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
As shown on the Master Concept Plan vehicular access to the site is provided on
Morgan Road. In its current configuration Morgan Road is a private single lane road
that is located within legal easements starting at Sabal Palm Road and ending at this
project. Due to the single lane access the petitioner has agreed that vehicles going to
and from the site to visit the aquarium should be limited and staff has reiterated this
requirement in staff's conditions 1, 2 and 3. Limiting traffic will help to control traffic
flow and ensure visitor as well as neighborhood safety. With regard to traffic on public
right -of -ways, Transportation Planning staff indicates that they have reviewed this
petition and determined that there are no outstanding issues concerning vehicular access
and traffic control.
4. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Because the propose educational aquarium will experience traffic loads that are higher
than most residential neighborhoods, especially those in the Agricultural District, there
is a potential for additional traffic related noise, however the staff's recommended
conditions 1 -3 should reduce this potential. Odors resulting from the aquarium
CU- PL20110001157 Page 7 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
operation will be controlled as part of regular best practices operations, inspections and
control procedures. Noise from these operations will be minimal and performed by the
owner operators of the aquarium. Noise related to special events will be limited to the
two such events per year outlined in the application which as noted above is less than
the 24 to 48 events per year rate that occurred at the previous art studio operation.
Staff is of the opinion that the proposed project will not generate additional noise, odor
or otherwise generate economic impact on the neighborhood.
5. Compatibility with adjacent properties and other property in the district.
As previously noted the site is surrounded by agriculturally and PUD zoned lands. On
the north east and west the parcels are undeveloped. The Hacienda Lakes PUD to the
north contains a mix of permitted uses with residential use shown on the master plan
adjacent to this project. On the south is an existing developed single family residence.
Along the Morgan Road easement there are scattered residential and agricultural uses
generally on similar sized parcels.
Staff believes that with the recommended conditions and the limited operating hours
proposed by the petitioner in the application as well as the two special event per year
limitation will be compatible with the neighborhood. Staff therefore believes that the
propose Conditional Use to allow an educational aquarium may be deemed compatible
with the neighboring properties. Furthermore, staff believes the recommented
conditions of approval adequately protect the public's interest
NEIGHBORHOOD INFORMATION MEETING (NI
The agent/applicant duly noticed and held the required NIM on January 23, 2012, at 5:30
PM at the Family Church Naples, 3805 The Lords Way, Naples, Fl. Approximately eight
people from the public, the applicant's team, and county staff were present.
Mr. Fred Hood, the applicants' agent presented an overview of the proposed aquarium
project which is to add an agricultural use within the existing +/ -7,000 square foot existing
building enclosure, providing landscaping buffer screening using existing plant materials to
minimum code standards, meeting code minimum native preserve standards using on -site
native plant materials, and adding pathways consistent with code required ADA access.
Mr. Hood also noted that the owner operators of the project will be the only employees and
that they anticipate 3 to 12 small groups per day attending the aquarium during season with
large groups by appointment only.
Several of the persons in attendance asked questions about the single lane road access with
special concern expressed regarding two way traffic on the single lane road. Hr. Hood
indicated that the applicant was willing to work with the neighborhood to address the issue
and that the anticipated traffic would be less than the previous art studio. The residents
expressed an interest in only seeking a fair share resolution.
CU- PL20110001157 Page 8 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition
CU- PL20110001157 to the Board of Zoning Appeals (BZA) with a recommendation of
approval, subject to the following conditions:
All promotional materials, brochures and advertising will include a statement that
groups of more than 6 persons will be by appointment only.
2. No vehicle with a capacity of more than 24 passengers will be admitted to the site
unless and until a minimum pavement width or stabilized roadway width of 20
feet for the length of Morgan Road is established.
3. Prior to issuance of the Certificate of Occupancy for the educational aquarium,
signage will be posted (FDOT quality) at each end of Morgan Road indicating
"Two -way traffic, narrow road, use caution ".
CU- PL20110001157 Page 9 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012 (revised April 25, 2012, April 26 2012)
J
PREPARED BY:
x.23.12,
I EL SAWYER, ROJECT MANAGER DATE
DEP TMENT OF LjkND DEVELOPMENT SERVICES
REVIEWED BY:
RAYM D V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
LLIAM D. LO NZ J ', P.E., DIRECTOR DATE
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
y-
NIC CASALAN 6 U IIDX�,—AbMN ISTRAT0R DATE
GROWTH MANAGEMENT DIVISION
Tentatively scheduled for the July 24, 2012 Board of County Commissioners meeting.
CU- PL20110001157 Page 10 of 10
ICHTHYO PARK CONDITIONAL USE
April 23, 2012
V
RESOLUTION NO. 12-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
AN EDUCATIONAL AQUARIUM WITHIN AN
AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO
SUBSECTION 2.03.01.A.1.c.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a duly noticed public hearing as
required by the Collier County Land Development Code, and has considered the advisability of a
Conditional Use of an educational aquarium within an Agricultural (A) Zoning District pursuant
to Subsection 2.03.0l.A.l.c.3 of the Collier County Land Development Code on the property
hereinafter described. The Collier County Planning Commission has made findings that the
granting of the Conditional Use will not adversely affect the public interest and the specific
requirements governing the Conditional Use have been met and that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and
in accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU- PL2011 -1157 filed by Tim Hancock, AICP of Davidson
Engineering, Inc., representing Viktor Jarikov and Iryna Labachova with respect to the property
hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use
for an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection
2.03.0l.A.l.c.3 of the Collier County Land Development Code, in accordance with the
Ichthyo Park/CU- PL2011 -1157
Rev. 02/22/12
Page 1 of 2
Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit
"C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super - majority vote this day of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko '� J
Assistant County Attorney
Section Chief, Land Use /Transportation
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
11- CPS - 01122/13
Ichthyo Park/CU- PL2011 -1157
Rev. 02/22/12
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Page 2 of 2
LEGAL DESCRIPTION
THE EAST 1/2 OF THE NORTHEAST 1/40F THE SOUTHEAST 1/4, SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE SOUTHERLY 768.5
FEET THEREOF, COLLIER COUNTY, FLORIDA.
11- CPS - 01122 \4
EXHIBIT A
Ichthyo Park \ CU- PL2011 -1157
10/25/11
MORGAN READ ZONING: A- AGRICULTURAL
(PR I VA I E READ) LAND USE: VACANT
FUTURE LAND USE: URBAN RESIDENTIAL FRINGE SUBDISTRICT
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CONDITIONS FOR APPROVAL
FOR
CU- PL2011 -1157
1. All promotional materials, brochures and advertising will include a statement that groups
of more than 6 persons will be by appointment only.
2. No vehicles with a capacity of more than 24 passengers will be admitted to the site unless
and until a minimum pavement width or stabilized roadway width of 20 feet for the
length of Morgan Road is established.
3. Prior to issuance of the Certificate of Occupancy for the educational aquarium, signage
will be posted (FDOT quality) at each end of Morgan Road indicating "Two -way traffic,
narrow road, use caution ".
EXHIBIT C
Ichthyo Park \ CU- PL2011 -1157
2/22/12
AGENDA ITEM 9 -C
CoiLier County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING DATE: MAY 17, 2012
SUBJECT: PUDA- PL20110001497: BENT CREEK PRESERVE RPUD
PROPERTY OWNER & APPLICANT /AGENT:
Property Owner /Applicant:
Bent Creek Preserve, LLC
825 Coral Ridge Drive
Coral Springs, LF 33071
Agents:
R. Bruce Anderson, Esquire Patrick Vanasse, AICP
Roetzel and Andress RWA
850 Park Shore Drive, Trianon Centre, 3rd Floor 6610 Willow Park Drive, Suite 200
Naples, FL 34013 Naples, FL 34109
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 the Summit Lakes
Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent
Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units.
For details about the project proposal, refer to "Purpose/Description of Project."
GEOGRAPHIC LOCATION:
The subject property, consisting of 138.4± acres, is located approximately one -half mile east of
the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26,
Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following
page)
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 1 of 17
May 17, 2012 CCPC
Revised 4/24/12
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PURPOSE/DESCRIPTION OF PROJECT:
The subject property contains an abandoned driving range exists on the northwest corner, and a
cellular telephone tower in the northeast corner. The cell tower is to remain on site.
Additionally, timbering and cattle grazing have occurred on other areas of the property.
The original PUD zoning was approved on December 12, 2006 via Ordinance 06 -62. That
approval provided for a maximum of 968 dwelling units using an Affordable Housing Density
Bonus Agreement to generate 415 additional units. The project could be developed with any
combination of single - family, attached or detached units or multi - family units.
The applicant's agent provided the following introduction for this amendment:
Ownership of the subject property has changed and revised development intent is being
pursued through this petition. The project proposes to substantially reduce the project
density and revise the internal layout of the development without any changes to the
boundaries of the Preserve Tract required open space, and overall project boundary.
There are refinements to development standards for land uses proposed in recreation
areas to improve compatibility with future residences.
The proposed changes are summarized below (taken from the narrative statement provided in the
application):
• A reduction from 968 to 450 residential dwelling units:
• Open space, including 22 f -acres of stormwater management lakes, and three areas
intended for community recreation and common open space identified as Recreation Areas on
the RPUD Master Plan, Exhibit C. Other recreation areas containing buildings and facilities
may be developed in Residential Tract R, subject to compliance with the same development
standards for Tract RA as contained in Exhibit B of the RPUD Ordinance Exhibits.
• Two points of ingress and egress will be provided to the property; with one from
Immokalee Road and one from Woodcrest Drive, instead of the originally proposed two
access points on Immokalee Road and on Woodcrest Drive.
• The current Summit Lakes PUD requires the developer to provide Affordable Housing
Units for low - income residents that will include a maximum of 10 percent of the total number
of residential units for Workforce Housing and 10 percent for Gap Housing units. This
amendment proposes to eliminate the bonus density units provided in association with the
Affordable Housing Density Bonus agreement thus the Workforce and Gap Housing unit will
be eliminated.
Because this PUD is undeveloped, the petitioner has prepared a new PUD document using a
more recent format, e.g., Exhibits A -F rather than sections. It is not logical to prepare a strike
thru/underline document as the entire document would be stricken thru. The applicant has
provided a "PUD Comparison" to show the differences between the currently approved
document and the proposed PUD. This information is part of the Narrative and Basis for
Approval document. The petitioner is seeking approval of three deviations. These are discussed
later in this report.
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 2 of 17
May 17, 2012 CCPC
Revised 4/24/12
SURROUNDING LAND USE AND ZONING:
North: Immokalee Road, then The Quarry, a developing golf course community within the
Heritage Bay PUD/DRI, approved at an overall density of 2.38 units per acre
East: A cleared 5± acre tract that is owned by the county, and then an undeveloped 11± acre
tract with a zoning designation of Agricultural, then Woodcrest Drive, then the developing
Calusa Pines Golf Course, with a conditional use in the Agricultural zoning district
South: Two approximately 5 -acre undeveloped, agriculturally zoned tracts that are both owned
by Crystal Lake Resort, and an approximately 20 -acre tract that is used for RV and boat storage
for Crystal Lake RV Resort, then the Crystal Lake RV Resort, an RV resort with PUD zoning
approved at 3.07 units per acre, and the Habitat Woodcrest RPUD a PUD zoned tract approved at
a density of 5.89 units per acre (Ordinance # 07 -63)
West: Agricultural uses on 21 acres and Tuscany Cove, a developing residential PUD that was
approved at 4.8 units per acre (Ordinance # 03 -52)
Aerial Photo (subject site depiction is approximate)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is currently located within the Urban
Mixed Use District — Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). This Subdistrict allows residential uses, including single
family; institutional uses (e.g., church, day care); essential services; and, recreation and open
space uses.
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 3 of 17
May 17, 2012 CCPC
Revised 4/24/12
Review of the Density Rating System deems this project eligible for a base density of 4 DU /A,
and a density bonus of 3 DU /A since the project is located within one mile of an Activity Center
(Activity Center #3). When added to the base density of four (4) DU /A, the project is eligible for
a gross density of seven (7) DU /A. Based on the site's acreage and the permissible density of up
to seven (7) DU /A, this rezone could allow up to a maximum of 969 dwelling units (138.38 acres
x 7 DU /A = 968.66 DU's).
Base Density 4 DU /A
Proximity to Activity Center (Density Band) +3 DU /A
Eligible Density 7 DU /A
FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by
staff analysis (in bold).
Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be
made without violating intersection spacing requirements of the Land Development Code. (The
project's entrance is provided from Immokalee Road C.R. 846, an arterial roadway.)
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals. (The RPUD Master Plan does not depict a loop road within the project;
however, interconnections to adjacent properties and multiple ingress /egress points are
proposed.)
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and their interconnection points with adjoining neighborhoods or other developments regardless
of land use type. (The subject site has proposed interconnections to neighboring properties
north /northeast and west of the subject site.)
Policy 7.4: The County shall encourage new developments to provide walkable communities
with a blend of densities, common open spaces, civic facilities and a range of housing prices and
types. (The RPUD will be developed with an internal sidewalk system. Additionally, the
RPUD is proposed to include various housing types, including single family, townhomes,
multi -family dwellings; and recreational facilities.)
Economic Element
Policy 1.9: Collier County, in response to the current and projected needs of its residents, will
encourage a diverse mix of housing types, sizes, prices, and rents. (The subject rezone
proposes the development of various housing types, including single family, townhomes,
multi -family dwellings, etc.; housing prices and /or rents have not been disclosed.)
Affordable Workforce Housing: The proposed rezoning request eliminates the affordable
workforce housing component within the RPUD, resulting in the elimination of up to 100
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 4 of 17
May 17, 2012 CCPC
Revised 4/24/12
"workforce" units (those individuals earning 61 — 80 % of the area median income) and up to
100 "gap" units (those individuals earning 81 — 15 0 % of the area median income).
Based on the above analysis, staff concludes the proposed uses and density for the subject site
are consistent with the Future Land Use Element.
Transportation Element: Transportation Planning staff has reviewed the petitioner's
application and has determined that the proposed amendment will not increase the total PM Peak
Hour trip generation of this site. Although the per -unit trip generation rate will increase as a
function of the changing unit type, the reduction in the total number of units will offset any
increases that could be experienced.
Therefore, staff concludes that the adjacent roadway network has sufficient capacity to
accommodate this project within the 5 year planning period. As such, the subject application can
be found consistent with Policy 5.1 of the Transportation Element of the Growth Management
Plan (GMP).
Conservation and Coastal Management Element (CCME): Environmental review staff
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The Environmental Advisory Council Board (EAC) approved the Environmental
Impact Statement (EIS) for this project in 2006. The project site consists of 94.41 acres of
native vegetation that generally consists of pine flatwoods, hydric pine flatwoods, cypress and
Melaleuca wetland habitats. A minimum of 25 % of the existing native vegetation shall be
placed under preservation and dedicated to Collier County. The proposed 23.77 acre upland and
wetland preserve areas are located mainly in the southern portion of the project site. No listed
species or associated nests/burrows /or tree nest cavities were found on site during the updated
October 2011 listed species survey. The project area is located within the secondary Florida
panther zone and within the core foraging area of three wood stork nesting colonies. The
proposed project impacts have been approved by the U.S Fish and Wildlife Service. A total of
36.96 acres of South Florida Water Management District (SFWMD) wetlands were identified on
site and a total of 24.45 acres of jurisdictional wetlands are proposed for impact. Impacts to the
jurisdictional wetlands shall be mitigated for through the SFWMD permitting process. All
required permits for impacts to wetlands and listed species shall be required to be submitted to
county environmental staff prior to approval of the first development order. Consistent with
current regulations, this project is not required to go before the EAC board again since there are
no proposed changes to the size and location of the previously approved preserve boundaries and
the recently conducted survey found no listed species on the project site.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the FLUM and the FLUE as indicated previously in the
GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as
previously discussed. Environmental staff also recommends that the petition be found consistent
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 5 of 17
May 17, 2012 CCPC
Revised 4/24/12
with the CCME. Therefore, zoning staff recommends that the petition be found consistent with
the goals, objective and policies of the overall GMP.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria
upon which a recommendation must be based, specifically noted in Land Development Code
(LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to
as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning
Commission Report (referred to as "Rezone Findings "), which establish the legal bases to
support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their
recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to
support its action on the rezoning or amendment request. An evaluation relative to these
subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff
offers the following analyses:
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address environmental concerns. There are no outstanding 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 and is recommending approval
subject to the Transportation Development Commitments contained in Exhibit F of the RPUD
Ordinance.
Utility Review: This project is located within Collier County Water and Sewer District and
Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner
has included those commitments as requested.
Zoning Services Review: 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 and intensity on the subject site, the compatibility analysis included a review of the subject
proposal comparing it to 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. Zoning staff is of the opinion that this project will be compatible with and
complementary to, the surrounding land uses. To support that opinion staff offers the following
analysis of this project.
The development standards contained in Exhibit B of the PUD document show the following
changes from the originally approved development standards:
The minimum lot area for single - family detached units has been increased from 2,250 square feet
to 4,500 square feet. The minimum side yard setbacks has been divided into single story and two
story designations and the single - family attached, townhouse, multi - family units, and clubhouse
recreation buildings have been revised. The table now includes both zoned and actual height
information, whereas the original only provided zoned height information. The minimum
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 6 of 17
May 17, 2012 CCPC
Revised 4/24/12
distance between accessory structures has been reduced from 15 feet to 12 feet.
The types of uses that would be allowed in this project have not changed.
As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding
zoning discussion of this staff report, and the Master Plan, the site is bounded to the east by a
cleared 5± acre agriculturally zoned tract that is owned by the county and is the subject of the
applicant's deviation #2. Adjacent to that tract is an undeveloped 11± acre agriculturally zoned
tract along Woodcrest Drive. To the south there is a portion of the developed Crystal Lake RV
subdivision Resort, two undeveloped agriculturally zoned tracts, and the undeveloped Habitat
Woodcrest RPUD. To the west are agricultural uses on 21 acres and Tuscany Cove, a
developing residential PUD that was approved at 4.8 units per acre. To the north is Immokalee
Road then The Quarry, a developing golf course community within the Heritage Bay PUD/DRI,
approved at an overall density of 2.38 units per acre. This project proposed a density of 3.25
units per acre, which is comparable to what has been approved for the surrounding projects. The
approved PUDs have similar development standards to what is proposed herein, as to minimum
setbacks and lot sizes. Habitat Woodcrest was approved for a maximum zoned height of 25 feet,
with no mention of the number of stories, while Tuscany Cove can have multiple stories and up
to 45 feet tall structures. Neither of those two projects provides zoned and actual height; only
zoned height is provided for those projects. Comparing Bent Creek Preserve's proposed heights
of 40 feet for single - family attached and townhouse units, and the 45 feet for multi - family
structures along with the proposed 50 feet for clubhouse and recreation buildings, it is apparent
that this project's structures can be taller. The Master Plan shows that both Tuscany Cove and
the Habitat Woodcrest projects will be separated from residential units by preserve areas, which
will help soften the effect of the taller structures. Additionally, it seems reasonable that the
recreational and clubhouse structures would be more centrally located to better serve the
majority of project residents, rather than locating said uses on the project's periphery. Thus it is
unlikely that a 50 foot high recreation/clubhouse structure would be located near a project
perimeter property line.
Potential pedestrian/bicycle and vehicular interconnections have been provided on the site plan
to the north and to the west to serve the currently agriculturally zoned tracts. No
interconnections are shown to the south or west into the RV Resort or Tuscany Cove because the
areas are already either platted or otherwise developed in a manner that would preclude a useful
interconnect.
Deviation Discussion:
The petitioner is seeking three deviations from the requirements of the LDC. The deviations are
listed in PUD Exhibit E.
Deviation 1 seeks relief from LDC Section 5.04.04.B.5.c., that limits the number of model
homes to five, to allow one model home for each variant of the residential product proposed in
the project, not to exceed fifteen.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 7 of 17
May 17, 2012 CCPC
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In an effort to provide a variety of residence styles and floor plans within the
development, it is beneficial to allow home buyer to see and experience the varied
architecture and floor plans to make an informed purchase decision. This deviation is
appropriate, and does not negatively affect the health, safety, nor welfare of the future
residents of the development.
Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some
allowance can be made to allow additional model units. Hacienda Lakes PUD, which was
approved for over 1,700 residential units received deviation approval to allow up to 60 model
homes. With the project's proposed number of units, allowing a maximum of 15 models seems
appropriate therefore, 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 15 is not
exceeded.
Zoning and Land Development Review staff recommends APPROVAL of this deviation with the
stipulation that the developer provide the number of existing model home /units as part of the
application material for every development order, finding that, in compliance with LDC Section
10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health, safety and welfare of the community," and LDC Section
10.02.133.51, 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 2 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 RPUD. The sign content area for "boundary markers" to be located in the Residential Tract
R, or RA may be 15 feet in height rather than 8 feet in height 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 Immokalee Road, 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 or RA may be
15 feet in height rather than 8 feet as limited in LDC Subsection 5.06.02B. 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 project's location along Immokalee Road, 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 the Hacienda Lakes PUD, a boundary marker sign
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 8 of 17
May 17, 2012 CCPC
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was defined as a sign that would be located at project corners of roadways. Also, in Hacienda
Lakes the applicant limited the sign copy to the name of the overall project not individual tracts
within the 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. The Master Plan for Bent Creek Preserve
PUD shows two boundary marker signs on Immokalee Road and two along Woodcrest Drive.
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 fitrther limited to placement only on roadways that
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 93 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, an 18 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 products that may be created in the RPUD, as well as between units as
privacy walls. Where associated with existing or future public roadways, an 18 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. The internal walls to separate different development tracts within
the project should not have an impact on the general public and are therefore a matter of personal
design preference to which staff does not object. An 18 -foot tall wall/berm combination seems
appropriate along Immokalee Road and Woodcrest Drive.
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 "iustified as meeting public purposes to a degree at least eauivalent to literal application of
such regulations."
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FINDINGS OF FACT:
LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners... shall
show that the planning commission has studied and considered proposed change in relation to the
following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires
the Planning Commission to make findings as to the PUD Master Plans' compliance with the
additional criteria as also noted below. [Staff's responses to these criteria are provided in bold,
non - italicized font]:
PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the
CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"
(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 uses and property
development regulations are compatible with the development approved in the area as
limited by staff. The commitments made by the applicant should provide adequate
assurances that the proposed change should not adversely affect living conditions in the
area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance
of such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be
required to gain platting and /or site development approval. Both processes will ensure that
appropriate stipulations for the provision of and continuing operation and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives
and policies of the GMP within the GMP discussion and the attached report from
Comprehensive Planning staff and the zoning analysis of this staff report. Based on those
staff analyses, planning zoning staff is of the opinion that this petition may be found
consistent with the overall GMP.
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.
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Staff has provided a review of the proposed uses and believes that the project will be
compatible with the surrounding area. The uses are not proposed to change as part of this
amendment and the uses approved in the original PUD rezone were determined to be
compatible. The petitioner is revising some property development regulations, but staff
believes uses remain compatible given the proposed development standards and project
commitments.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of native preserve aside for this project meets the minimum requirement of
the LDC.
6 The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project at this
time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP
Transportation Element consistency review. The project's development must comply with
all other applicable concurrency management regulations when development approvals are
sought. Additionally, the PUD document contains additional developer commitments that
should help ensure there are adequate facilities available to serve this project.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as road capacity, wastewater
disposal system, and potable water supplies to accommodate this project based upon the
commitments made by the petitioner and the fact that adequate public facilities
requirements will be addressed when development approvals are sought. Additionally this
petition represents an amendment to an approved PUD that reduces the approved density
thus the amended petition will have less impact upon the areas; no acreage is being added.
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 seeking 3 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 deviations in the Deviation Discussion portion of this staff report, and is
recommending approval of the 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):
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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 amendment. 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. The petition can also be deemed
consistent with the CCME and the Transportation Element. Therefore, staff recommends
that this petition be deemed consistent with the GMP.
2. The existing land use pattern;
Staff has described the existing land use pattern in the "Surrounding Land Use and
Zoning" portion of this report and discussed it at length in the zoning review analysis.
Staff believes the proposed amendment is appropriate given the existing land use pattern,
and development restrictions included in the PUD Ordinance.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed PUD amendment would not create an isolated zoning district because the
subject site is already zoned PUD and there are no land additions proposed as part of this
amendment.
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 district boundaries are logically drawn given the current
property ownership boundaries and the existing PUD zoning.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed amendment is not necessary, per se; but it is being requested in compliance
with the LDC provisions to seek such the amendment to allow the owner the opportunity to
develop the land with uses other than what the existing zoning district would allow.
Without this amendment, the property could be developed in compliance with the existing
PUD ordinance 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 amendment, 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 amendment should not adversely impact living
conditions in the area.
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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 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.
8. Whether the proposed change will create a drainage problem;
The proposed amendment should not create drainage or surface water problems. The
developer of the project will be required to adhere to a surface water management permit
from the SFWMD in conjunction with any local site development plan approvals and
ultimate construction on site.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this amendment 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.
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
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May 17, 2012 CCPC
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designations; 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 amendment
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;
As noted previously, the subject property already has a zoning designation of PUD; the
PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the
GMP. 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.
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
amendment 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.
Additional 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 amendment process and those staff persons have
concluded that no Level of Service will be adversely impacted with the commitments
contained in the PUD document.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
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May 17, 2012 CCPC
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NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant's agent, Patrick Vanasse, Planning Director of RWA conducted a duly noticed
NIM on January 30, 2012, Patrick introduced himself; (Applicant/Developer) Jonathan Keith,
Vice President of Land Acquisitions and Development for Centerline Homes, Bruce Anderson,
from Roetzel & Andress, P.A.; Mike Myers from Passarella & Associates and Kay Deselem,
Principal Planner with Collier County Community Development and Environmental Services.
Jonathan Keith gave a brief overview of Centerline Homes and their products. He provided marketing
materials to the property owners and to Kay Deselem. Patrick presented a general project overview and
provided a fact sheet which included pertinent development information related to the Bent Creek
Preserve Residential Planned Unit Development (RPUD) petition. He stated ownership of the property
had recently changed and that a revised development intent was being pursued through this petition. He
explained that the applicant proposes to reduce the project density and revise the internal layout of the
development. The preserve and open space are to remain the same.
Patrick stated the project would comply with the Collier County Land Development Code except for the
following 4 deviations which are meant to improve the project's form and function (These deviations
were also provided in the handout.):
Deviation #1 which was previously approved in the existing PUD, seeks to allow more than five
model homes.
Deviation #2 seeks to allow a required buffer to be installed off -site and on the east side of the
proposed Irnmokalee Road storm water pond as identified on the RPUD master Plan or to waive
the buffer requirement.
Deviation #3 seeks to allow "boundary marker" signage on property corners fronting on public
roadways that provide access to the RPUD.
Deviation #4 seeks to allow fences up to eight (8') feet.
The following questions were raised by the property owners and addressed by the panel.
Jane Taglietta of 14862 Toscana Way (Tuscany Cove) - Will the preserve area be fenced in?
Jonathan stated they would install a 3 ft stem wall, where the preserves, Tuscany Cove and Bent
Creek Preserve abut each other.
Glenn Dobrydncy of 15501 Cortona Way (Tuscany Cove) - Will the stem wall disturb the
trees in the preserve area? Mike Myers from Passarella & Associates stated that the Melaleuca
and Brazilian pepper trees would be removed and supplemental plantings would be installed in
place of the open area
Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Who will maintain the preserve area? It
was explained that Bent Creek would have to ensure perpetual maintenance per their
Environmental Resource Permit (ERP).
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May 17, 2012 CCPC
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Jane Scrip of 15405 Cortona Way (Tuscany Cove) Is there a provision for Affordable
Housing? Jonathan stated Affordable Housing is not a component of this PUD. They are a `for
profit" organization. The project will be market driven.
Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Will the water demand be impacted?
Chris Wright, Engineer w/RWA, stated that water demands from the project would have no
detrimental effect on utility capacities in the area.
Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Are there any developments that
resemble what Bent Creek will look like? Jonathan suggested she visit their website and search
for Eagle Creek.
Glenn Dobrydncy of 15501 Cortona Way (Tuscany Cove) - When will construction begin?
Patrick stated the applicant would like to commence earthwork and have a sales trailer on site
by the end of the year.
Kay Deselem 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). Meeting adjourned at 6:15 pm.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed the staff report for this petition on April 24, 2012.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDZ- PL20110001497 to the BCC with a
recommendation of approval subject to staff s recommended action on the deviations as shown
below:
Approval of Deviation 1 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 2 with the stipulation that the sign copy is limited to the overall project
name and its logo, and further limited to placement only on corners of roadways that function as
arterial or collector roadways; and
Approval of Deviation 3
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 16 of 17
May 17, 2012 CCPC
Revised 4/24/12
PREPARED BY:
k au_ &a"o
KAY DES EM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
REVIEWED BY:
RAYM D V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
fILLIAM D. L NZ, ., P.E., DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
NICK CASALA I 1NISTRATOR
GROWTH MANAGEMENT DIVISION
qlWl�-
DATE
DATE
o -27 -2-0(z-
DATE
�1�z7 -CZ
DATE
Tentatively scheduled for the June 26, 2012 Board of County Commissioners Meeting
PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 17 of 17
May 17, 2012 CCPC
Revised 4/17/12
ORDINANCE NO. 12-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004 -41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY
KNOWN AS THE SUMMIT LAKES RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS
HENCEFORTH TO BE KNOWN AS THE BENT CREEK
PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON
PROPERTY LOCATED APPROXIMATELY ONE -HALF
MILE EAST OF THE INTERSECTION OF COLLIER
BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R.
846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES
RPUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Patrick Vanasse, AICP, of RWA, Inc., and R. Bruce Anderson, Esq., of
Roetzel & Andress LPA, representing Centerline Homes Enterprises Three, LLC, petitioned the
Board of County Commissioners of Collier County, Florida, to amend Ordinance 06 -62, the
Summit Lakes Residential Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential
Planned Unit Development (RPUD) Zoning District to a Residential Planned Unit Development
(RPUD) for a project to be known as the Bent Creek Preserve RPUD, to allow construction of a
Bent Creek Preserve RPUD/PUDA- PL20110001497
Rev. 4/19/12
Page 1 of 2
maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve RPUD,
attached hereto as Exhibit "A," 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 Number 06 -62, known as the Summit Lakes Residential Planned Unit
Development, adopted on December 12, 2006 by the Board of County Commissioners of Collier
County, Florida, is hereby repealed in its entirety.
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 , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams S�iZO� 2
Assistant County Attorney
I' ,
FRED W. COYLE, Chairman
Exhibit A: Bent Creek Preserve RPUD Document
12- CPS - 01148/24
Bent Creek Preserve RPUD/PUDA- PL20110001497
Rev. 4/19/12
Page 2 of 2
EXHIBIT A
PROJECT LAND USE TRACTS
TYPE UNITS ACREAGE±
TRACT "R" RESIDENTIAL 450 110.1
TRACT "RA" RECREATION AREA 0 4.6
TRACT "P" PRESERVE 0 23.7
TOTAL 13 8.4
I TRACT R 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) Single - family detached dwellings;
2) Single - family attached dwellings (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
3) Multi - family dwellings;
4) Model homes;
5) All principal uses permitted in Tract RA
6) 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 Land Development Code (LDC).
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1) Customary accessory uses and structures including, but not limited to, private
garages, swimming pools with or without screened enclosures, gatehouses,
and other outdoor recreation facilities;
2) Walls, berms, signage, and development excavations;
3) Project sales, construction and administrative offices, which may occur in
residential, and/or in temporary structures.
4) Signs, including boundary marker signage
5) Polling place if deemed warranted by the Supervisor of Elections;
6) All accessory uses permitted in Tract R.A.
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 1 of 13
030008.05.01
II TRACT RA 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 (Typically Accessory to Residential Development):
1) Structures intended to provide social and recreational space (private, intended for
use by the residents and their guest only);
2) Outdoor recreation facilities, such as a community swimming pool, tennis and
basketball courts, playground improvements /facilities, and passive and/or active
water features;
3) Signs, including boundary marker signage;
4) Cellular communication tower;
5) 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:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping;
2) Walls, berms, signage, and development excavation.
III TRACT P 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, subject to the issuance of regional, state and federal permits,
when required:
A. Principal Uses:
1) Native vegetation preserves;
2) 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.
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 2 of 13
030008.05.01
J
B. Accessory Uses;
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Passive recreational areas and boardwalks;
2. Viewing platforms;
3. Nature trails including boardwalks and pedestrian/bicycle bridges;
4. Drainage and water management structures, included but not limited to walls,
berms. Placement of water management structures will not reduce the native
preservation requirement.
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 3 of 13
030008.05.01
EDIT B
DEVELOPMENT STANDARDS
GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents
of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision
plat, 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.
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.
Table I below sets forth the development standards for land uses within the Residential PUD Residential
Subdistrict (Tract "W'). 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.
There shall be no more than 450 residential dwelling units permitted which provides for a maximum
gross density of 3.25 dwelling units per acre.
NATIVE VEGETATION PRESERVATION:
The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25%
of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve.
Approximately 1.47 acres of the proposed preserve will be recreated native habitat.
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 4 of 13
030008.05.01
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS
SINGLE FAMILY
SINGLE FAMILY
MULTI-
CLUBHOUSE/
MINIMUM LOT AREA
DETACHED
ATTACHED &
FAMILY
RECREATION BUILDINGS
SIDE
S.P.S.
TOWNHOUSE
S.P.S.
1/2 BH
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
4,500 S.F.
1,250 S.F. PER
1 ACRE
10,000 S.F.
SIDE
S.P.S.
UNIT
S.P.S.
1/2 BH
MINIMUM LOT WIDTH
40 FEET
16 FEET
150 FEET
N/A
MINIMUM FLOOR AREA
1,000 S.F
1,000 S.F
1,000 S.F.
N/A
MIN FRONT YARD
20 FEET*
20 FEET
20 FEET*
25 FEET
MIN SIDE YARD — SINGLE STORY
6 FEET
0 FEET or 6 FEET
GREATER OF 10
GREATER OF 15 FEET OR
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL)
40 FEET
40 FEET
FEET OR '/2 BH
1/2 BH
MIN SIDE YARD — TWO -STORY
7.5 FEET
GREATER OF 10
GREATER OF 10
GREATER OF 10 FEET OR 1/2
FEET OR 1/2 BH
FEET OR 1/2 BH
BH
MIN REAR YARD
15 FEET
15 FEET
15 FEET
GREATER OF 15 FEET OR 1/2
BH
MIN PRESERVE SETBACK
25 FEET
25 FEET
25 FEET
25 FEET
MIN. DISTANCE BETWEEN
12 FEET
12 FEET
GREATER OF 20
GREATER OF 15 FEET OR 1/2
STRUCTURES — SINGLE STORY
FEET OR '/2 THE
SUM OF BH
SUM OF BH
MIN. DISTANCE BETWEEN
15 FEET
GREATER OF 20
GREATER OF 20
GREATER OF 20 FEET OR 1/2
STRUCTURES - TWO -STORY
FEET OR '/2
FEET OR '/2 THE
THE SUM OF BH
THE SUM OF BH
SUM OF BH
MIN. DISTANCE BETWEEN ONE
13.5 FEET
N/A
N/A
GREATER OF 20 FEET OR '/2
STORY and MULTI -STORY
THE SUM OF BH
STRUCTURES
MAX. BUILDING HEIGHT NOT TO
35 FEET
40 FEET
45 FEET
50 FEET
EXCEED (ZONED)
MAX. BUILDING HEIGHT NOT TO
45 FEET
45 FEET
60 FEET
60 FEET
EXCEED (ACTUAL)
ACCESSORY STRUCTURES
FRONT
S.P.S.
S.P.S.
S.P.S.
20 FEET
SIDE
S.P.S.
S.P.S.
S.P.S.
1/2 BH
REAR (ATTACHED)
(DETACHED)
5 FEET
5 FEET
5 FEET
5 FEET
5 FEET
20 FEET
10 FEET
20 FEET
PRESERVE SETBACK
10 FEET
10 FEET
10 FEET
10 FEET
MINIMUM DISTANCE BETWEEN
STRUCTURES
12 FEET
12 FEET
12 FEET
GREATER OF 15 FEET OR 1/2
BH
MAX. BUILDING HEIGHT NOT TO
EXCEED (ZONED)
35 FEET
35 FEET
35 FEET
40 FEET
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL)
40 FEET
40 FEET
40 FEET
40 FEET
S.P.S. = Same as Principal Structures
BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC.
*: Residences with side loaded garages may have a minimum 15 foot front yard
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 5 of 13
030008.05.01
Notes:
1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required
for structures adjacent to a lake maintenance easement.
2) Side yards — No side yard shall be required between units when more than one residential unit is in a
single structure (i.e.: attached single- family and townhomes).
3) All residential structures that are two or more stories shall maintain a minimum 85 foot setback from
the back of curb of the travel lanes on Immokalee Road in its current 6 -lane configuration.
4) Terraced setbacks are permitted for either two or three story multi - family structures. Side yard
setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum
15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure 1
below.
5) Firewall protrusions into required yards are permitted up to three (3') feet.
6) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project
entrance and shall be limited to a maximum height of 50 feet.
PROPERTY 15' MIN
LINE EXTERIOR
BUILDING WALL
F _"- SETBACK 11 11 11
SIDE YARD
SETBACK 1,191111101111
Figure 1
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
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EXHIBIT D
Legal Description
LEGAL DESCRIPTION
(AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY)
COLLIER COUNTY PARCELS 1 THROUGH 10:
PARCEL 1 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH
100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
PARCEL 2 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST
1/2, THENCE NORTH 20 19'4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF
267.62 FEET; THENCE NORTH 89° 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON
THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A
DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE
NORTH 890 59'58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62
FEET TO THE POINT OF BEGINNING.
PARCEL 3 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST
1/2; THENCE NORTH 2° 17'20" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE
OF 362.58 FEET; THENCE NORTH 89° 59'58" EAST, A DISTANCE OF 658.26 FEET; THENCE
NORTH 20 17'55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF
350.74 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON
THE EAST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 17'55" EAST, ON SAID EAST LINE A
DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE
SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62
FEET.
PARCEL 4 (OUTDOOR RESORTS)
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST
1/2; THENCE NORTH 2° 1755" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF
713.28 FEET; THENCE SOUTH 88'49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON
THE EAST LINE OF SAID EAST 1/2; THENCE SOUTH 20 18'30" EAST, ON THE EAST LINE OF
SAID EAST 1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID
Bent Creek Preserve PL- 2011 -1497 April 18, 2012
Page 8 of 13
030008.05.01
EAST 1/2; THENCE SOUTH 89° 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A
DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING.
PARCEL 5 (OUTDOOR RESORTS)
THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 6 (OUTDOOR RESORTS)
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH
100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 7 (KOLEQUE PARCEL ONE)
THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 8 (KOLEQUE PARCEL TWO)
THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS
THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES,
AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF
SOUTH 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE
EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN
SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH
CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS
PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN
NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH
CAP; THENCE RUN NORTH 89° 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 5/8 INCH
IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION
LINE; THENCE RUN SOUTH 02'21'08" EAST ALONG THE EASTERLY LINE OF THE SECTION
A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET
RESERVED FOR A ROAD INGRESS/EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL
RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PARCEL 9 (CAPIELLO PARCEL)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT
THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH
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89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE
WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE
ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 02° 18' 21" EAST, A DISTANCE OF
179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID
POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY
178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 89° 58'
17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE
ALONG THE SAID EAST LINE SOUTH 020 19' 00" EAST, A DISTANCE OF 1158.95 FEET, TO
THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF
THE SAID WEST 1/2, NORTH 89° 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE
SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE
NORTH 020 18'21" WEST, A DISTANCE OF 1159.10 FEET, TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED.
PARCEL 10 (FERGUSON PARCEL)
A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE
NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE
26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH/SOUTH QUARTER
LINE OF SAID SECTION 26, SOUTH 020 17' 02" EAST, 179.03 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID
QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 02° 17'02" EAST, 1159.43
FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID
BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58' 36" WEST,
528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH
BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE
2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE
FOLLOWING THREE COURSES: 1) SOUTH 89° 58'39" EAST, 196.60 FEET; 2) SOUTH 00° 01' 21"
WEST, 21.00 FEET; 3) SOUTH 89'58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN.
GROSS LAND AREA OF PARCELS 1 THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET
OR 138.4 ACRES MORE OR LESS.
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model
homes to five, to allow one model home for each variant of the residential product proposed in the
project, not to exceed fifteen.
Deviation #2 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 RPUD. The
sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet
in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.
Deviation #3 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, a 18 foot tall visual screen may be installed as a wall,
berm, or wall/berm combination.
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
TRANSPORTATION
The development of this RPUD shall be subject to and governed by the following conditions:
A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the
developer.
B. Upon being warranted by the County, the developer shall provide a fair share contribution toward
the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and
Immokalee Road.
C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes
shall be required for the project access point and compensating right -of -way shall be provided
without cost to the County upon plat or site development plan approval.
D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be
appropriate in the future should conditions allow. Therefore, a potential interconnection has been
provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned
undeveloped parcel at the northeast corner of the project is appropriate. If appropriate and future
conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the
developer shall design and construct the shared access with the appropriate development order
application. Any necessary easements will also be dedicated with the development order.
ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed by the
following conditions:
A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native
preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat.
IQ W.111leh11►tC
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-
out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until
close -out of the PUD. At the time of this PUD approval, the Managing Entity is Centerline
Homes Enterprises Three, 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 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 is
closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment
of PUD commitments."
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PUBLIC UTILITIES
A. The project shall connect to the Collier County Water Sewer District (CCWSD)
potable water system at a location determined by CCWSD when capacity is available.
B. The project shall connect to the CCWSD wastewater collection and conveyance system at
a location determined by CCWSD when capacity is available.
C. The project shall connect to the CCWSD Irrigation Quality water system at a location
determined by CCWSD when capacity is available.
D. Should the Collier County Water -Sewer District determine that it 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 Water -Sewer District service capacity
is available to service 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 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.
E. All utility facilities shall be designed and constructed in accordance with Ordinance
2004 -31, and any amendments or successors thereto. Prior to commencement of
construction all design and construction documents pertaining to utility facilities shall be
reviewed and approved by the CCWSD.
F. The utility facility shall include but not be limited to: all construction plans, technical
specifications and proposed plats, as applicable, for the proposed water distribution
systems, wastewater collection and conveyance systems, irrigation quality distribution
systems and any possible onsite treatment facilities.
G. All potable water infrastructures shall be conveyed to The Collier County Water -Sewer
District.
H. All wastewater collection and conveyance infrastructure shall be conveyed to The
Collier County Water -Sewer District.
I. All customers shall be customers of the Collier County Water Sewer District.
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