Agenda 02/24/2015 Item #17A Proposed Agenda Changes
Board of County Commissioners Meeting
February 24, 2015
Continue Item 5C to the March 10,2015 BCC Meeting: Recognition of Ron Jamro,Director of the Collier County
Museum,for being selected as the winner of the 2014"Star in the Arts"award bestowed by the United Arts Council
of Collier County. (Staff's request)
Withdraw Item 10A: This item continued from the February 10,2015 BCC Meeting. Recommendation that the
Board of County Commissioners recreates the Executive Director position for the Bayshore Gateway Triangle
Community Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,making her a
direct report to the Collier County Redevelopment Agency,and direct the County Attorney to work with the Chair
of the CRA and Ms.Jourdan on an employment agreement.(Commissioner Fiala's request)
Continue Item 16A2 to the March 24,2015 BCC Meeting: Recommendation to award Invitation to Bid(ITB) 14-
6247 for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to multiple vendors,Aligare LLC,
Crop Production Services,Inc., Helena Chemical Company, Red River Specialties, Inc.,John Deere Landscapes,
and Univar USA,Inc. (Commissioner Nance's request)
Move Item 16A14 to Item 11F: Recommendation to reject a request for a refund of$42,050,in the code enforcement
action entitled Board of County Commissioners v. Nell H. Efird,Special Magistrate Case No.CEPM20130004506,
relating to property located at 541 100th Avenue N.,Collier County,Florida. (Commissioner Taylor and
Commissioner Fiala's separate requests)
Move Item 16F2 to Item 11E: Recommendation to adopt a Resolution to support House Speaker Steve Crisafulli's
setting of funding film,television and entertainment incentives as one of his legislative priorities; urging all Florida
counties to join in this initiative with no fiscal impact to Collier County. (Commissioner Henning's request)
Move Item 16113 to Item 10B: This item continued from the February 10,2015 BCC Meeting. Recommendation to adopt
a Resolution petitioning Governor Rick Scott and Florida Legislature to enact legislation that will restore local School
Board control of educational standards,curriculum,and student assessments. (Commissioner Taylor's request)
MOVE ITEM 17A TO ITEM 9A: THIS ITEM REQUIRES EX PARTE DISCLOSURE BE PROVIDED
BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM,ALL PARTICIPANTS
ARE REQUIRED TO BE SWORN IN. RECOMMENDATION TO APPROVE AN ORDINANCE
AMENDING ORDINANCE NO.2014-21,THE GOLF CLUB OF THE EVERGLADES RESIDENTIAL
PLANNED UNIT DEVELOPMENT WITHIN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING
LANDS OVERLAY,AND AMENDING ORDINANCE NO.2004-41,THE COLLIER COUNTY LAND
DEVELOPMENT CODE,BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 10±ACRES OF LAND ZONED
RURAL AGRICULTURAL(A)TO THE GOLF CLUB OF THE EVERGLADES RPUD; BY AMENDING
THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED ON VANDERBILT BEACH ROAD EXTENSION,JUST EAST OF COLLIER BOULEVARD,
IN SECTION 31,TOWNSHIP 48 SOUTH,RANGE 27 EAST AND SECTIONS 25 AND 36,TOWNSHIP 48
SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 845.68±ACRES [PUDA-
PL20140001511]. (COMMISSIONER HENNING'S REQUEST)
Move Item 17B to Item 9B: This item requires ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in.Recommendation to consider a resolution of
the Board of Zoning Appeals of Collier County,Florida providing for the establishment of a Conditional Use to allow
Conditional Use#3,Private Clubs,and Conditional Use#5,Commercial and Private Parking Lots and Parking Garages,
within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No. 95-
33,the Briarwood Planned Unit Development,for property consisting of 15.97 acres located at the northeast corner of
Livingston Road and Radio Road in Section 31,Township 49 South,Range 26 East,Collier County, Florida [Petition CU-
PL20130002048]. (Commissioner Taylor's request)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
2/24/2015 17.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 2014-21,The Golf Club of the Everglades Residential Planned
Unit Development within the Rural Fringe Mixed Use District Receiving Lands Overlay, and
amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the
appropriate zoning atlas map or maps by changing the zoning classification of an additional 10±
acres of land zoned rural Agricultural(A)to The Golf Club of the Everglades RPUD; by amending
the Master Plan; and by providing an effective date. The subject property is located on Vanderbilt
Beach Road Extension,just east of Collier Boulevard, in Section 31, Township 48 South, Range 27
East and Sections 25 and 36,Township 48 South,Range 26 East,Collier County,Florida consisting
of 845.68±acres [PUDA-PL20140001511].
OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's fmdings
and recommendations along with the recommendations of the Collier County Planning
Commission (CCPC) regarding the above referenced petition and render a decision regarding
this PUD petition; and ensure the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:, The petitioner is asking the BCC to consider an application for a rezone
of 10 acres from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use
District—Receiving Lands Overlay,to a Residential Planned Unit Development(RPUD) Zoning
District within the Rural Fringe Mixed Use District — Receiving Lands Overlay, to add the 10
acres into the project known as the Golf Club of the Everglades RPUD. For details about the
project proposal, refer to "Purpose/Description of Project" in the staff report prepared for the
Collier County Planning Commission(CCPC).
FISCAL IMPACT:, The County collects impact fees prior to the issuance of building permits to
help offset the impacts of each new development on public facilities. These impact fees are used
to fund projects identified in the Capital Improvement Element of the Growth Management Plan
as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in
order to meet the requirements of concurrency management, the developer of every local
development order approved by Collier County is required to pay a portion of the estimated
Transportation Impact Fees associated with the project in accordance with Chapter 74 of the
Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a
building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the
improvements. Please note that impact fees and taxes collected were not included in the criteria
used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP)IMPACT: Future Land Use Element (FLUE):
The subject property is designated Rural Fringe Mixed Use District(RFMUD), Receiving Lands
as depicted on the Future Land Use Map(PLUM)of the Future Land Use Element(FLUE).
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The existing Residential Planned Unit Development (RPUD) is located within Sections 31/36,
Township 48 South, Ranges 27/26. The 10± acres being added is located within Section 25,
Township 48 South,Range 26 East,as provided for in the revised legal description.
The approved RPUD allows for a density of 1 dwelling unit per five (5)acres with an increase in
density of up to 1 dwelling unit per acre by the utilization of Transfer of Development Rights
(TDR)credits.
Amending the RPUD will increase the property acreage without increasing the approved density,
by shifting units into the added acreage totaling 746 dwelling units located within the Residential
(R/G) tract, and 4 single family dwelling units located within the Golf(G) tract, for an overall
density of 750 DU's,as previously approved.
All requirements of the approved RPUD per Ordinance No. 2014-21 shall pertain to the entire
acreage including the additionally added 10±acres.
The RFMUD Receiving Lands designation includes the following requirements (each followed
by staff analysis/comment in[bold italic text)).
1. Maximum Density: 1 DU/5A or 1 DU/A with use of TDR Credits.[This project will use
TDR Credits and the proposed maximum density is 0.89 DU/A (750 DUs/845.72
acres).]
2. Clustering—where TDRs are used: a) Must use central water and sewer;[The project is
served by County water and sewer.]b)Maximum lot size is 1 acre;[Maximum lot size is
specified in Exhibit B,Development Standards and is less than 1 acre.]c) The clustered
development shall be located on the site so as to provide to the greatest degree
practicable:protection for listed species habitat;preservation of the highest quality native
vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent
developments; and, creation, maintenance or enhancement of wildlife corridors.
[Comprehensive Planning staff defers to Environmental Review staff W determine
consistency with this requirement]
3. Minimum Project Size—where TDRs are used: 40 acres.[This project is+845.72 acres.]
4. Emergency Preparedness:
b) Applicants for new developments proposed for Receiving Lands shall work with
the Florida Division of Forestry, Collier County Emergency Management staff, and the
Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and property from
wildfires. This plan will address, at a minimum: project structural design; the use of
materials and location of structures so as to reduce wildfire threat; firebreaks and buffers;
water features; and, the impacts of prescribed burning on adjacent or nearby lands. [A
Wildfire Prevention and Mitigation Plan was submitted with the original PUD
approval A revised Wildfire Prevention and Mitigation Plan (WPMP), has been re-
submitted and is updated to include the additional 10± acres added to the PUD. The
PUD exhibits incorporate all of the requirements of the WPMP]
tTh
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5. Allowable Uses: b) single family dwellings; [Included in the PUD.] c) multi-family
dwellings — must include appropriate development standards (e.g. building heights,
setbacks, buffers, design standards) to ensure that the transitional semi-rural character of
the RFMUD is preserved; [Included in the PUD and such standards are identified.]j)
essential services;[Included in the PUD.]k) golf courses: (1) residential density must be
minimum of 1 DU/5A, and 1 TDR credit is required for each 1 acre of golf course; (2)-
(7) pertain to golf course design, construction, and management; storage of associated
materials; fertilizer and pesticide usage; and, preservation requirements;[Golf course use
is included in the PUD. Residential density is 0.89 DU/A. The project includes two
existing golf courses, both of which were constructed prior to the establishment of the
RFMUD; therefore, these "grandfathered"golf courses, as they presently exist, are not
subject to the specific requirements for golf courses. However, any further golf course
development/redevelopment would be subject to these requirements.] v) parks, open
space and recreation uses;[Included in the PUD.]
7. Open Space and Native Vegetation Requirements: a) Minimum of 70% usable open
space; [Based upon total project size of±845.72 acres, 591.98 acres of usable open
space are required. Exhibit C, Master Concept Plan, identifies the requirement as 592
acres and 660 acres provided.]b) per Conservation and Coastal Management Element,
Policy 6.1.2 (40% of the existing native vegetation). [Comprehensive Planning staff
defers to Environmental Review staff to determine consistency with this requirement.]
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this amendment 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).
Conservation and Coastal Management Element (CCME): Environmental review staff
found this project to be consistent with the Conservation & Coastal Management Element
(CCME).
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. The proposed rezone is
consistent with the GMP Transportation Element as previously discussed. Environmental staff
also recommends that the petition be found consistent with the CCME. Therefore, zoning staff
recommends that the petition be found consistent with the goals, objective and policies of the
overall GMP.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC/EAC heard this petition on January 15, 2015, and found that the criteria of Section
.-` 10.02.08.F and 10.02.13.B.5 were met. By a vote of 6 to 0, with the motion made by
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2/24/2015 17.A.
Commissioner Chrzanowski and seconded by Commissioner Homiak, the CCPC recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval.
The CCPC vote was unanimous; therefore the petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS: This is a rezone and amendment to the existing Golf Club of
the Everglades PUD (Ordinance No. 2014-21). The burden falls upon the applicant for the
amendment to prove that the proposal is consistent with all of the criteria set forth below. The
burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that
such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by
finding that the amendment does not meet one or more of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: 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.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
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8. Consider: 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.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a"core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
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23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. This item has been approved as to form and
legality, and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the Board of County Commissioners approves the request subject to the
attached PUD Ordinance that includes both the staff's revised recommendation and the CCPC
recommendation.
Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth
Management Division
Attachments:
1) CCPC Staff Report
2) Application Backup Information due to the size of the document it is accessible at:
http://www.colliergov.net'ftp/AeendaFeb2415/GrowthMgmt/Application for Golf Club of the Everglades.pdf
3) Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Reccommendation to approve an Ordinance amending Ordinance No. 2014-21,The Golf Club of
the Everglades Residential Planned Unit Development within the Rural Fringe Mixed Use
District Receiving Lands Overlay, and amending Ordinance No. 2004-41,the Collier County Land
Development Code, by amending the appropriate zoning atlas map or maps by changing the
zoning classification of an additional 10± acres of land zoned rural Agricultural (A)to The Golf
Club of the Everglades RPUD; by amending the Master Plan; and by providing an effective date.
The subject property is located on Vanderbilt Beach Road Extension,just east of Collier
Boulevard, in Section 31,Township 48 South, Range 27 East and Sections 25 and 36,Township
48 South, Range 26 East, Collier County, Florida consisting of 845.68± acres [PUDA-
PL20140001511].
Meeting Date: 2/24/2015
Prepared By
Name: DeselemKay
Title:Planner, Principal, Zoning&Land Development Review
1/23/2015 1:59:58 PM
Approved By
Name: BellowsRay
Title:Manager-Planning,Comprehensive Planning
Date: 1/27/2015 11:41:44 AM
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
Date: 1/28/2015 9:46:18 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/30/2015 4:59:24 PM
Name: AshtonHeidi
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2/24/2015 17.A.
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 2/3/2015 11:49:07 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/11/2015 8:56:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2015 10:00:09 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 2/17/2015 3:52:32 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2015 4:14:28 PM
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2/24/2015 17.A.
AGENDA ITEM v-u
C® per County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING®ULATION
HEARING DATE: JANUARY 15,2015
SUBJECT: PUDZ-PL20140001511; GOLF CLUB OF THE EVERGLADES
PROPERTY OWNER& APPLICANT/AGENT:,
Applicant/Contract Purchaser: Agents:
Pulte Home Corporation Richard D. Yovanovich,Esq. Anita Jenkins, AICP
24311 Walden Center Dr, Ste 300 Coleman, Yovanovich, &Koester,P.A 23150 Fashion Dr, Ste 242
Bonita Springs,FL 34134 Northern Trust Bank Bldg. Estero,FL 33928
4001 Tamiami Trail North, Suite 300
Naples,FL 34103
Owners:
Olde Florida Golf Club, Inc. Golf Club of the Everglades Ltd. John&Dorothy Glenn
9393 Vanderbilt Beach Road 8835 Vanderbilt Beach Road 3950 Kalai Waa St Q101
Naples,FL 34120 Naples, FL 34120 Wailea,HI 96743
Calusa Pines Golf LLC
c/o Bond Schoeneck&King PA
4001 Tamiami Trail N 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for a rezone of 10 acres from a Rural Agricultural (A) Zoning District within the Rural
Fringe Mixed Use District–Receiving Lands Overlay, to a Residential Planned Unit Development
(RPUD)Zoning District within the Rural Fringe Mixed Use District–Receiving Lands Overlay,to
add the 10 acres into the project known as the Golf Club of the Everglades RPUD For details about
the project proposal,refer to"Purpose/Description of Project."
PUDZ-PL20140001511;Golf Club Of The Everglades Page 1 of 15
January 15,2015 CCPC
Revised: 12/19/14
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2/24/2015 17.A.
GEOGRAPHIC LOCATION:
The subject property, currently consisting of 835.7± acres, is located on Vanderbilt Beach Road
Extension,just east of Collier Boulevard, in Section 31, Township 48 South, Range 27 East and
Section 36, Township 48 South, Range 26 East, Collier County, Florida (See location map on the
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner provided the following:
The proposed PUD amendment revises the PUD boundary to incorporate an additional 10
acres along the northern property boundary. No additional units are being added, and no
text changes other than the total acreage and legal description, are being proposed
This project was rezoned on June 10, 2014 by Ordinance #14-21, to allow a maximum of 750
dwelling units; a golf course and 172+acres of native preserve area. The Master Plan shows one
access point onto Douglas Street, a private street, and one access point onto Vanderbilt Beach
Road. Numerous lakes and preserve areas are shown on the western portion of the parcel, with
two preserve areas also shown in the northwestern quadrant of the site. A 746 home site area is
planned for the western and central portions of the site while the eastern portion of the site will
have preserve, golf course lakes, and four dwelling units. Existing golf clubhouse, cart barn and
maintenance facilities are also shown on both the eastern and the western portion of the site.
The western portion of the site is developed as the Everglades golf Club, and the eastern 554±
acres of the project are developed as the Old Florida Golf Club.
SURROUNDING LAND USE AND ZONING:
North: A mixture of five, ten and twenty-acre tracts, most of which are either used for
agriculture (several tracts have single-family home also) or are undeveloped, all of
which have a zoning designation of Agricultural (A) or Agricultural with a mobile
home overlay(A-MHO)
East: 469 acres land proposed to be developed as Twin Eagles, Phase III with 853
dwelling units
South: scattered single-family homes,zoned Estates(E)
West: Home sites along Douglas Street and various agricultural operations with a zoning
designation of Rural Agricultural, and Calusa Pine Golf Course, with a zoning
designation of Rural Agricultural and a Conditional Use for a golf course
PUDZ-PL20140001511;Golf Club Of The Everglades Page 2 of 15
January 15,2015 CCPC
Revised: 12/19/14
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2/24/2015 17.A.
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GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Rural Fringe Mixed Use
District (RFMUD), Receiving Lands as depicted on the Future Land Use Map (FLUM) of the
Future Land Use Element(FLUE).
The existing Residential Planned Unit Development (RPUD) is located within Sections 31/36,
Township 48 South, Ranges 27/26. The 10± aces being added is located within Section 25,
Township 48 South, Range 26 East,as provided for in the revised legal description.
The approved RPUD allows for a density of 1 dwelling unit per five (5) acres with an increase in
density of up to 1 dwelling unit per acre by the utilization of Transfer of Development Rights
(TDR) credits.
Amending the RPUD will increase the property acreage without increasing the approved density,by
shifting units into the added acreage totaling 746 dwelling units located within the Residential
(RIG) tract, and 4 single family dwelling units located within the Golf (G) tract, for an overall
density of 750 DU's, as previously approved.
All requirements of the approved RPUD per Ordinance No, 2014-21 shall pertain to the entire
acreage including the additionally added 10±acres.
The RFMUD Receiving Lands designation includes the following requirements (each followed by
staff analysis/comment in[bold italic textj).
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1. Maximum Density: 1 DU/5A or 1 DU/A with use of TDR Credits. [This project will use
TDR Credits and the proposed maximum density is 0.89 DU/A(750 DUs/845.72 acres).]
2. Clustering — where TDRs are used: a) Must use central water and sewer; [The project is
served by County water and sewer.] b) Maximum lot size is 1 acre; [Maximum lot size is
specified in Exhibit B, Development Standards and is less than 1 acre.] c) The clustered
development shall be located on the site so as to provide to the greatest degree practicable:
protection for listed species habitat; preservation of the highest quality native vegetation;
connectivity to adjacent natural reservations or preservation areas on adjacent developments;
and, creation, maintenance or enhancement of wildlife corridors.[Comprehensive Planning
staff defers to Environmental Review staff to determine consistency with this
requirement.]
3. Minimum Project Size—where TDRs are used: 40 acres.[This project is±845.72 acres.]
4. Emergency Preparedness:
b) Applicants for new developments proposed for Receiving Lands shall work with the
Florida Division of Forestry, Collier County Emergency Management staff, and the
Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and property from
wildfires. This plan will address, at a minimum: project structural design; the use of
materials and location of structures so as to reduce wildfire threat; firebreaks and
buffers; water features; and, the impacts of prescribed burning on adjacent or nearby
lands. [A Wildfire Prevention and Mitigation Plan was submitted with the original
PUD approval.A revised Wildfire Prevention and Mitigation Plan (WPMP), has been
re-submitted and is updated to include the additional 10±acres added to the PUD. The
PUD exhibits incorporate all of the requirements of the WPMPJ
5. Allowable Uses: b) single family dwellings; [Included in the PUD.] c) multi-family
dwellings—must include appropriate development standards (e.g. building heights, setbacks,
buffers, design standards)to ensure that the transitional semi-rural character of the RFMUD
is preserved;[Included in the PUD and such standards are identified]j)essential services;
[Included in the PUD.) k) golf courses: (1) residential density must be minimum of 1
DU/5A, and 1 TDR credit is required for each 1 acre of golf course; (2)-(7) pertain to golf
course design, construction, and management; storage of associated materials; fertilizer and
pesticide usage; and, preservation requirements; [Golf course use is included in the PUD.
Residential density is 0.89 DU/A. The project includes two existing golf courses, both of
which were constructed prior to the establishment of the RFMUD; therefore, these
"grandfathered" golf courses, as they presently exist, are not subject to the specific
requirements for golf courses. However, any further golf course
development/redevelopment would be subject to these requirements.]v) parks, open space
and recreation uses;[Included in the PUD.]
7. Open Space and Native Vegetation Requirements: a) Minimum of 70% usable open space;
[Based upon total project size of±845.72 acres, 591.98 acres of usable open space are
required Exhibit C,Master Concept Plan, identifies the requirement as 592 acres and 660
acres provided.)b) per Conservation and Coastal Management Element, Policy 6.1.2 (40%
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of the existing native vegetation). [Comprehensive Planning staff defers to Environmental
Review staff to determine consistency with this requirement.]
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this amendment 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).
Conservation and Coastal Management Element (CCME): Environmental review staff found
this project to be consistent with the Conservation& Coastal Management Element(CCME).
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. The proposed rezone is consistent with the GMP
Transportation Element as previously discussed. Environmental staff also recommends that the
petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition
be found consistent with the goals, objective and policies of the overall GMP.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in Land Development Code (LDC)
Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the
"PUD Findings"), and Subsection 10.02.08.F, 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 PUD submittal, including
the PUD document to address environmental concerns. Exhibit F provides the preserve calculation,
which reflects the addition of the "ten acre parcel" being added as part of this PUDA. The addition
of acreage increases the preserve requirement from 171.3 to 173.87 acres. The proposed PUD
Master Plan provides 174 acres of Preserve;the minimum Preserve requirement is 173.87 acres.
This project does not require Environmental Advisory Council (EAC) review, as the PUDA does
not meet the EAC scope of land development project reviews as identified in Section 2-1 193 of the
Collier County Codes of Laws and Ordinances, Please note that EAC review was required for the
original Golf Club of the Everglades PUD Ordinance 14-21 due to the deviation requested with that
PUD petition. No further environmental deviations are being requested with the current petition.
Please refer to the Environmental Impact Statement for further details regarding the environmental
review.
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Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan for right-of-way and access issues as well as roadway capacity, and
recommends approval subject to the Developer/owner commitments as provided in the PUD
ordinance.
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. Adding 10 acres should not impact that opinion. Development to the north
is sparse. To the east is the 469 acres land proposed to be developed as Twin Eagles,Phase III with
853 dwelling units. To the south is Vanderbilt Beach Road and Estates developed properties. East
of the site is Douglas Street for a distance of 2,025± feet north of Vanderbilt Beach Road, then
scattered development on 10 and 20 acre tracts. Douglas Road and Vanderbilt Beach Drive will
separate this project's units from the more rural areas to the west and the Estates areas to the south.
Deviation Discussion:
The petitioner is seeking approval of one deviation as part of this amendment. Four deviations from
the requirements of the LDC were approved in Ordinance#14-21. The deviations are listed in PUD
Exhibit F. Deviations are a normal derivative of the PUD zoning process following the purpose and
intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part:
It is further the purpose and intent of these PUD regulations to encourage ingenuity,
innovation and imagination in the planning, design, and development or
redevelopment of relatively large tracts of land under unified ownership or control.
PUDs . . . . may depart from the strict application of setback, height, and minimum
lot requirements of conventional zoning districts while maintaining minimum
standards by which flexibility may be accomplished, and while protecting the public
interest. . .
Deviation 5 seeks relief from LDC Section 2.03.07.D.4.g to clarify the timing of the use of the first
TDR credits. The LDC Section requires, upon the issuance of approval of a site development plan
or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be
redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is
derived through TDR credits and TDR Bonus credits. The developer is requesting that TDR credits
not be required prior to the use of the base density.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
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The reason for the requested deviation is to allow the developer to have adequate cash flow for the
project. Pursuant to the LDC requirements, each plat or SDP is required to provide TDRs equaling
78% of the units on the plat or in the SDP. The development costs incurred by the project at the
beginning of the project are significant. Requiring that with each phase of the development the
developer also acquire TDRs to serve 78 percent of that phase is a disincentive to increase density and
acquire TDRs. By allowing the developer to use its base density of 167 first, the developer is able to
fund the infrastructure necessary through the sale of units utilizing the base density. The developer
intends to use the base density of 167 units in the initial phase of the project. The remaining density of
583 will occur in subsequent phases. The requested deviation provides the developer with the cash
flow timing necessary for the developer to participate in the TDR program.
Staff Analysis and Recommendation: Comprehensive Planning Staff has analyzed this request and
offers the following:
Redemption into RFMUD Receiving Lands occurs per Land Development Code Section
2.03.07.D.4.e., f. and g. All original and subsequent SDPs and Plats for this
development need to include a"TDR Calculation" sheet in order to track TDR usage on
the project and TDR credits shall be used proportionately. [The Golf Club of the
Everglades PUD is approved for 750 DUs, of which a minimum of 581 TDR credits
must be obtained in order to achieve the allowed maximum density (77% of total
DUs); the remaining 169 DUs are derived from base density (23% of total DUs).
Land Development Code Section 2.03.07D.4.g., requires TDR credits to be redeemed
proportionately; that is,for each development order that includes dwelling units, a
minimum of 77% of those DUs must be derived from TDR credits. Exhibit F, Section
3) Planning,provides for redemption of TDR credits but not proportionately, rather
provides for use of all base density then use of TDR credits; and identifies the number
of DUs derived from base density and TDR credits.
Exhibit "E"Requested Deviations from Land Development Code has added Deviation
5 and seeks relief from LDC Section 2.03.07.D.4.g to modify the use of TDR Credits.
The LDC Section requires, upon the issuance of approval of a site development plan
or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits
shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved
gross density that is derived through TDR credits and TDR Bonus credits. The
developer is requesting that TDR credits only be required after the use of the base
density].
Exhibit "E" depicts the proportionate share of TDR credits required. Comprehensive
Planning staff does not support the request for deviation. If the project builds out, then
there is no impact upon the TDR program (other than timing of TDR usage). However,
if the project does not build out,then fewer TDR credits will be required for this project.
The Table on the next page demonstrates this:
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Approved for 750 DUs(169 Base and 581 TDR)
per LDC per Deviation
Buildout Base TDR Base TDR Difference in TDR Usage
_750 DUs 169 581 169 581 0
700 DUs 161 539 169 531 -8
600 DUs 138 462 169 431 -31
500 DUs 115 385 169 331 -54
400 DUs 92 308 169 231 -77
300 DUs 69 231 169 131 -100
200 DUs 46 154 169 31 -123
169 DUs 39 130 169 0 -130
If the petitioner's justification for this deviation is deemed valid and acceptable, then it
would seem applicable to all residential projects that utilize TDR credits — which
suggests an LDC amendment is needed and is the appropriate mechanism rather than
case by case deviations.
Zoning and Land Development Review staff recommends DENIAL of this deviation, finding that,
in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the
element may be waived without a detrimental effect on the health, safety and welfare of the
community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the
deviation is "justified as meeting publicpurposes to a degree at least equivalent to literal application
of such regulations." Additionally, staff recommends the followingchange to the PUD document in
conjunction with this denial: Exhibit F, Developer Commitments, 3)a): Remove added text, remove
strike-thru from first sentence:
FINDINGS OF FACT:
LDC Subsection 10.02.08.F 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 PIans' 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"
(Staffs 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.
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9t
Staff is of the opinion that the proposed uses are compatible with the approved uses and
existing development in the area. In addition,the approved property development regulations
provide adequate assurances that the proposed project will be suitable to the type and pattern
of development 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 obtain 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).
County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based on
that analysis, staff is of the opinion that this petition can be found consistent with the overall
GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
As described in the Analysis Section of this staff report, staff is of the opinion that the
allowable uses, development standards and developer commitments will help ensure that this
project is compatible with the surrounding area. However staff does not support the
requested deviation.
S. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project as noted in
the GMP FLUE and Transportation Element consistency review. In addition, the project's
development must comply with all other applicable concurrency management regulations
when development approvals are sought.
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7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as wastewater disposal systems and
potable water supplies to accommodate this project based upon the commitments made by the
petitioner and the fact that adequate public facilities requirements will be addressed when
development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The petitioner is seeking one deviation requires an evaluation of the extent to which
development standards and deviations proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning district. Staff
believes the deviations cannot be supported, finding that, in compliance with LDC Section
10.02.13.A.3,the petitioner has not demonstrated that "the elements may be waived without a
detrimental effect on the health, safety and welfare of the community" and LDC Section
10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations."
Please refer to the Deviation Discussion portion of the staff report for a more extensive
examination of the deviations.
Rezone Findings: LDC Subsection 10.02.08 F states, "When pertaining to the rezoning of land,the
report and recommendations to the planning commission to the Board of County
Commissioners...shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (Staff's responses to these criteria are
provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, &policies of the
Future Land Use Map and the elements of the Growth Management Plan.
Staff is recommending that this project be found consistent with GMP FLUE Policy 5.4
requiring the project to be compatible with neighborhood development and with all other
applicable policies of the GMP if the companion GMPA is adopted.
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 rezoning is appropriate given the existing land use pattern, and development
restrictions included in the PUD Ordinance, but staff does not support of the deviation.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
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The proposed PUD rezone would not create an isolated zoning district as the 10 acres are
abutting the existing PUD.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Staff is of the opinion that the proposed district boundaries are logically drawn.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary,per se; but it is being requested in compliance with the
LDC provisions to seek such changes, and the proposed rezoning is being requested in concert
with a request to amend the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed change is consistent with the County's land use
policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore,
the proposed change should not adversely impact living conditions in the area.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time
subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance.
8. Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems because the LDC
specifically addresses prerequisite development standards that are designed to reduce the risk
of flooding on nearby properties. Additionally, the LDC and GMP have other specific
regulations in place that will ensure review for drainage on new developments.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
project's property development regulations provide adequate setbacks and distances between
structures; therefore the project should not significantly reduce light and air to adjacent
areas.
1 Q 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
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external to the subject property. Property valuation is affected by a host of factors including
zoning; however zoning by itself may or may not affect values, since value determination is
driven by market value. There is no guarantee that the project will be marketed in a manner
comparable to the surrounding developments.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The proposed changes in this petition are not anticipated to be a deterrent to the improvement
or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting Zoning actions when they are consistent with said Comprehensive
Plan. In light of this fact,the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship because
actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The property to be added to the PUD could still be developed within the parameters of the
existing agricultural zoning; however, the petitioner is seeking this rezone in compliance with
LDC provisions for such action to seek the highest and best use of the land. The petition can
be evaluated and action taken as deemed appropriate through the public hearing process.
Staff believes the proposed rezone meets the intent of the PUD district and further, believes
the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary follows the existing property ownership
boundary and the land abuts the other lands of the PUD. 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.
There may be other sites in the County that could accommodate the uses proposed; however,
this is not the determining factor when evaluating the appropriateness of a particular zoning
petition. The petition was reviewed on its own merit for compliance with the GMP and the
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LDC; and staff does not review other sites in conjunction with a specific petition. The
proposed rezone is consistent with the GMP as discussed in other portions of the staff report.
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the PUD document would require site alteration and this
project will undergo extensive evaluation relative to all federal, state, and local development
regulations during the site development plan or platting approval process and again later as
part of the building permit process.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan and as
defined and implemented through the Collier County Adequate Public Facilities Ordinance, as
amended.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities and the project will need to be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities, except as it may be exempt by
federal regulations. This petition has been reviewed by county staff that is responsible for
jurisdictional elements of the GMP as part of the amendment process and those staff persons
have concluded that no Level of Service will be adversely impacted with the commitments
contained in the PUD document.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agents conducted a duly noticed NIM on October 29, 2014. The meeting was held October 29,
2014, at 5:30 p.m. at the Golden Gate Fire Station. The applicant's affidavit and copies of the meeting
notice and advertisement are attached.
Those in attendance included the applicant's agent team members,the applicant,and a few residents
from the area. Rich Yovanovich, agent for the applicant, gave an overview of the Golf Club of the
Everglades PUD application request to add 10 acres to the project boundary. The overview included
the project information on the attached NIM handout. Several questions were posed by the
audience. The questions, and responses provided by Mr. Yovanovich and the consultant team are
summarized as follows:
Q. Are the 10 acres being added the property on the north side by Calusa?
A. Yes.
Q.Are there plans to extend Vanderbilt Beach Road to Wilson?
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A. Yes, the Collier County long range transportation plan has the extension to Wilson and
Everglades Blvd. However,the project is not within the 20 year cost feasible plan.
Q. Is Olde Florida part of the PUD and how many houses?
A. Olde Florida is part of the PUD. Housing is limited on the Olde Florida portion to a maximum of
4 units.
Q Will Douglas extend to the Bell property?
A. Douglas will be improved by Pulte to the entrance of Golf Club of the Everglades.
Q. Could the project include a mall or offices?
A. No, those commercial and office uses are not permitted.
Q. Will Comcast run utilities down Douglas?
A. The applicant is talking with Comcast and Century Link about cable utilities.
Q. Will Douglas Road improvement include lighting?
A. Lighting will be included as required by the LDC,at the project entrances.
Q. Would the applicant support a turn lane on VBR to Douglas?
A. A turn lane benefits those that are moving straight through the intersection. The traffic volumes
didn't meet the needed threshold for a turn lane.
Q. Who determines the need for a turn lane?
A. Collier County transportation department determines if warrants are met for turn lanes.
Q. Would the applicant support bike lanes on VBR?
A. The applicant would not object to Collier County designing and building bike lanes on VBR.
Q. Would the applicant build a bus turn around on Douglas?
A. Once the project is built, buses will likely enter the development to pick up children. A turn
around north on Douglas is outside of this project boundary.
Q. What is the"TDR"program?
A. The TDR program designates receiving lands as less environmentally sensitive and incentivizes
development of receiving lands at 1 unit per acre. The sending lands are those that have been
designated as environmentally sensitive and compensates those lands owners with TDRs, which can
be purchased to transfer the development rights from sending land to receiving land.
The meeting concluded at 6:25 p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed the staff report for this petition on December 19,2014.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County Planning
Commission approve this petition, subject to the following stipulations:
1. Deny Deviation#2; and
2. Revise the PUD document: Exhibit F, Developer Commitments, 3) a): to remove added text
and remove strike-thru from first sentence commensurate with the recommended denial of
Deviation#2.
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„-` PREPARED BY:
K D
A ELEM,AICP,PRINCIPAL PLANNER DATE
DEPARTMENT OF PLANNING AND ZONING
REVIEWED BY:
V
RA ND V. BELLOWS,ZONING MANAGER DATE
DEPARTMENT OF PLANNING AND ZONING
/ . 2 I 2- /4- Iy
MIKE BOSI, AICP,DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
APPROVED BY:
�r
.-
/� ,,..ril ... ,r.1' il '7Z -11 ((
.�NIC '''CASALANOIID' 'D M h''" -RATOR DATE
GROWTH MANAGEMENT DIVISION
This petition will has been tentatively scheduled for a February 24,2015 BCC hearing
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ORDINANCE NO. 15-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2014-21, THE GOLF CLUB OF THE EVERGLADES RESIDENTIAL
PLANNED UNIT DEVELOPMENT WITHIN THE RURAL FRINGE
MIXED USE DISTRICT RECEIVING LANDS OVERLAY, AND
AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF AN ADDITIONAL 10± ACRES OF LAND
ZONED RURAL AGRICULTURAL (A) TO THE GOLF CLUB OF THE
EVERGLADES RPUD; BY AMENDING THE MASTER PLAN; AND BY
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED ON VANDERBILT BEACH ROAD EXTENSION, JUST
EAST OF COLLIER BOULEVARD, IN SECTION 31, TOWNSHIP 48
SOUTH, RANGE 27 EAST AND SECTIONS 25 AND 36, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 845.68±ACRES. [PUDA-PL20140001511]
WHEREAS, Anita Jenkins, AICP of J. R. Evans Engineering and Richard D.
Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Pulte Home
Corporation, petitioned the Board of County Commissioners to amend the RPUD and change the
zoning classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of approximately 10± Acres of the herein described real
property located in Section 31, Township 48 South, Range 27 East and Sections 25 and 36,
Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural
(A) zoning district to a Residential Planned Unit Development (RPUD) zoning district, together
with the existing Golf Club of the Everglades RPUD within the Rural Fringe Mixed Use District
Receiving Lands Overlay, for an 845.68± acre parcel to be known as the Golf Club of the
Everglades Residential Planned Unit Development in accordance with Exhibits A through F,
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
[14-CPS-01383/1147484/1}47 1 oft
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SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
y
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—List of Permitted Uses
Exhibit B—Development Standards
Exhibit C—Master Plan
Exhibit D - Legal Description
Exhibit E— List of Deviations
Exhibit F— List of Owner Commitments
[14-CPS-01383/1147484/11 47 2 oft
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Exhibit A
Permitted Uses
Project Land Use Tracts
-
Tract T .e Units Aooroximate Acreage
Tract"RIG" Residential and Golf 746 402 +/-
Tract"G" Golf 4 161.85 161 +/-
Tract"P" Preserve 0 173.87 172 +/-
Lakes, Easements and ROW 108 +/-
Total 750 units 845.72 845T6 acres
1) General Permitted Land Uses
Streets, alleys, water management facilities and structures, utilities and other
infrastructure improvements are generally permitted anywhere within this RPUD except
for in the P, Preserve Tract, where only cart paths and maintenance paths are permitted.
2) Tract "RIG", Permitted Uses
Up to 746 residential units consisting of single family units and mulit-family units, golf
courses and clubhouses, tennis clubs and other recreational clubs are permitted in Tract
"RIG" as described below. —
Principal Uses
a) Single family detached dwellings
b) Zero lot line single family detached dwellings
c) Two-family and duplex dwellings
d) Townhouse
e) Multi-family dwellings
f} Golf courses and golf clubhouses, pro-shops, practice areas and ranges,
restrooms, snelters, snack bars, golf cart paths, maintenance equipment paths.
g) Tennis clubs, health spas, and other recreational clubs for the use of residents and
members.
h) Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos, picnic areas, fitness trails and shelters.
i) 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 or the Hearing
Examiner by the process defined in the Land Development Code.
Th
Text underlined is added, text otruck thru is deleted
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Accessory Uses
a) Accessory uses and structures customarily associated with principal uses
permitted in the land use tract including swimming pools, spas, and screen enclosures.
b) Project information and sales centers including model homes and offices for the
project administration, construction, sales and marketing.
c) Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, utilities pumping facilities
and pump buildings.
d) Restaurants, cocktail lounges, and similar uses intended to serve club members
and club guests.
e) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing
Examiner by the process defined in the Land Development Code.
3) Tract "G", Golf Permitted Uses
Golf courses and clubhouses, and other recreational clubs, and up to 4 single family units
are permitted in Tract"G" as described below.
Principal Uses
a) Golf courses and golf clubhouses, pro-shops, practice areas and ranges,
restrooms, shelters, snack bars, golf cart paths, maintenance equipment paths
b) Tennis clubs, health spas, and other recreational clubs for the use of residents and
members.
c) 4 single family residential units for the use of club members and their guests. These
units shall be located west of the clubhouse building. Clubhouse buildings are shown on
Exhibit C.
d) Project information and sales centers
e) Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos, picnic areas,fitness trails and shelters.
f) 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 or the Hearing
Examiner by the process defined in the Land Development Code.
Text underlined is added, text struck thru is deleted
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Accessory Uses
a) Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, utilities pumping facilities
and pump buildings, horticultural debris storage areas.
b) Restaurants, cocktail lounges, and similar uses intended to serve club members
and club guests.
c) Accessory uses and structures customarily associated with principal uses
including swimming pools, spas, and screen enclosures.
d) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing
Examiner by the process defined in the Land Development Code.
4) Tract"P", Preserve Permitted Uses
Principal Uses
a) Upland preserve
b) Wetland preserve
Accessory Uses and Structures
a) Water management structures.
b) Existing golf cart and maintenance paths
c) Boardwalks, nature trails, shelters without walls, viewing platforms, educational
signs, and information kiosks.
d) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process defined in the Land Development Code.
5) Signs
a) Two ground or wall signs with a maximum height of 8 feet shall be permitted at each
project entry; two additional signs are permitted at the Vanderbilt Beach entry to serve
both the Golf Club of the Everglades and the Olde Florida Golf Club. Two ground or wall
signs are permitted at the project boundary corner at the intersection of Douglas Street
and Vanderbilt Beach Road. Each of these permitted signs shall only contain the name
of the project or any major use, insignia or motto. (See Exhibit E, Deviation 3.
Text underlined is added, text struck thru is deleted
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Exhibit B
Development Standards
General
Development of the Golf Club of the Everglades RPUD shall be in accordance with the contents
of this Ordinance and applicable section of the Collier County Land Development Code (LDC)
and Growth Management Plan (GMP) in effect at the time of issuance of any development
order, such as, but not limited to, final subdivision plat, final site development plan, excavation
permit, and preliminary work authorization to which such regulations relate. Where these
regulations fail to provide development standards, the provision of the most similar district in the
LDC shall apply.
TABLE I
DEVELOPMENT STANDARDS FOR"RIG and"G"
SINGLE SINGLE DUPLEX
FAMILY TOWN MULTI- CLUB-
FAMILY FAMILY ZERO &TWO HOUSE FAMILY 10 HOUSE
LOT LINE FAMILY
10,000
Minimum Lot Area 4,000 SF 3,500 SF 3,500 SF 2,000 SF 10,000 SF SF
Minimum Lot Width 4 40 Ft I 35 Ft 35 Ft I 20 Ft 100 Ft 70 Ft
Maximum SF Lot Size 1 acre 1 acre 1 acre 1 acre N/A N/A
PUD Boundary setback
Principal&Accessory 15 Ft 15 Ft 15 Ft 15 Ft 30 Ft 65 Ft
Front Principal 1.5
Yard & 20 Ft 15 Ft 15 Ft 20 Ft 15 Ft 15 Ft
Setback Accessory
Rear Principal 2 20 Ft 10 Ft 10 Ft 10 Ft 20 Ft 20 Ft
Yard Accessory 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft
1 Setback X5.8, 9,
0'one side 3
10' other side
Side Yard Setback OR 0 Ft' Half the Half the
Principal &Accessory. 6 Ft 3' 1"one side 6 Ft' OR R building building height
6' 11' other side height
5'on both sides
Preserve Principal 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft
Setback Accessory 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft
Maximum Height 30/35 Ft 30/35 Ft 30/35 Ft 30/35 Ft 55/60 Ft 45/50 Ft
(Zoned/Actual)
Half the Half the
sum of
Distance Between sum of the the
12 Ft 10 Ft 12 Ft 12 Ft building building
Principal Structures beights
heights
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF 1,000 SF
Text underlined is added, text struck thru is deleted
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Development Standards Notes:
1. Front yards for dwellings and side-entry garages are measured from back of curb or
edge of pavement (if not curbed). Front yards for a front loaded garage are measured
from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to
the garage door. For front entry garages, a minimum of 23 feet from edge of sidewalk to
the garage must be provided. Front setback for side entry garages may be reduced to 12
feet.
2. Where adjacent to a golf course, lake (measured from the lake maintenance easement),
or open space, not including Preserve, the setback may be reduced to 0 feet.
3. All zero lot line units in a series shall have the 0-foot side setback on the same side of
the lot. The zero foot setback side may change only if a minimum 10 foot wide space is
provided in the form of an easement, golf course crossing, or the like, which separate the
lots.
4. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area
requirements are met.
5. Guesthouses or cabana bedrooms are subject to the setback requirements for principal
structures.
6. Corner lots may have a minimum 10 foot setback along the non-primary street frontage.
7. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached
to common privacy wall.
8. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be
reduced to 0 feet.
9. Common architectural features such as archways, arbors, and courtyard entry features
shall be exempt from the minimum yard requirements listed above.
10. Multi-family units greater than 2 stories in height shall not be located within 300 feet of
the PUD boundary.
Text underlined is added, text struck thru is deleted
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PUDA-PL20140001511:GOLF CLUB OF THE EVERGLADES PUD AMENDMENT 12/19/14 Page 8 of 1
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Exhibit D
Legal Description
DESCRIPTION: A parcel of and lying in Section 31, Township 48 South, Range 27 East, and
Section 36, Township 48 South, Range 26 East, Collier County, Florida and being more
particular described as follows:
BEGINNING at the Southeast corner of said Section 36; thence S.89°56'44"W., 2644.87 feet
along the South boundary of the Southeast one quarter of said Section 36; thence
N.02°30'05"W., 4004.62 feet along the one quarter Section line; thence S.89°50'16"E., 1314.56
feet; thence N.02°35'42"W., 1337.38 feet to the North boundary of the Northeast one quarter of
said Section 36; thence S.89°49'25"E., 1312.39 feet along said North boundary, to the
Northeast corner of said Section 36 ; thence N.86°00'54"E., 1942.46 feet along the North
boundary of said Section 31 to the North one quarter corner of said Section 31; thence
N.86°00'44"E., 1942.46 feet; thence S.02°21'56"E., 2678.96 feet to a point on the North
boundary of the Southeast one quarter; thence along said North boundary N.86°04'37"E.,
1290.00 feet to the East one quarter corner of said Section 31; thence along the East boundary
of the Southeast one quarter S.02°15'30"E., 2680.81 feet to the Southeast corner of said
Section 31; thence S.86°19'21"W., 2568.01 feet along the South boundary of said Section 31 to
the South one quarter corner of said Section 31; thence S.86°19'21"W., 2568.01 feet along the
South boundary of the Southwest one quarter of said Section 31 to the POINT OF BEGINNING.
Also including
The South 1/2 of the South 1/2 of the of the Southeast quarter of the Southeast quarter
of Section 25, Township 48 South, Range 26 East, Collier County, Florida.
Containing 845.72 &35,6-&4-acres, more or less.
Text underlined is added, text&truck thru is deleted
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Exhibit E
List of Requested Deviations from the Land Development Code (LDC)
Deviation 1 seeks relief from LDC section 6.06.02a.2., "sidewalks and bike lane pathway
requirements," which requires sidewalks on both sides of a right-of-way or easement internal to
a site, to allow for a sidewalk to be constructed along one side of the right-of-way, in accordance
with the internal right-of-way. This deviation does not apply to the roads shown on Exhibit C,
Master Concept Plan page 1.
Deviation 2 seeks relief from LDC section 6.06.01.n, "street system requirements," and
appendix b, "typical street sections," which establish a 60-foot width for local roads, to allow a
50-foot wide road in accordance with the right-of-way section A-A.
Deviation 3 seeks relief from LDC Section 5.06.02.B.6 "On-premises signs within residential
districts" which allows two ground signs with a maximum height of 8 feet or wall, residential
entrance or gate signs to be located at each entrance to a multi-family or single-family
development, to allow for up to two additional ground signs at the property boundary corner at
the intersection of Vanderbilt Beach Road and Douglas Street, and up to two additional signs at
the Vanderbilt Beach Road entry.
Deviation 4 seeks relief from LDC 3.05.07.A.5 which requires preservation areas to be
interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.
The developer is requesting the interconnection not be required to the preserve in the center of
the PUD shown as surrounded by the RIG tract.
Deviation 5 seeks relief from LDC Section 2.03.07.D.4.q to clarify the timing of the use of the
first TDR credits. The LDC Section requires, upon the issuance of approval of a site
development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus
credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved
gross density that is derived through TDR credits and TDR Bonus credits. The developer is
requesting that TDR credits not be required prior to the use of the base density.
Text underlined is added, text ctruck thru is deleted
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Exhibit F
List of Owner Commitments
For the purposes of the PUD, the owner commitments set forth below are applicable to
the owner, its successors, and/or assigns.
1) Environmental
a) Native vegetation shall be preserved in this RPUD in accordance with the table below:
_Golf Club of the Everglades Native Preserve Summary
Descri•tion Approximate Acreage Total
1 Project Area 845.72 836 ac
Percentage'for required Native 40% of the total native vegetation, or 25% of the
Preserve total project acreage
Percentage preserved Golf Club of the Everglades parcel
27.90 ac (Per SDP 99-140A)
Olde Florida Golf Club parcel
138.42 ac (Total project acreage 553.66 ac x
25%)
McClellan parcel
5.03 ac (Total project acreage 20.11 ac x 25%)
Ten acre parcel
2.52 (Total Droiect acreaae 10.12 ac x 25%
Required Native Vegetation 173.87 171.3 ac
Preserved Native Vegetation 173.87 171.3 ac
1 I Total Preserve Area i 173.87 171.3 ac
b) Listed species surveyed include the American alligator, big cypress fox squirrel, limpkin,
little blue heron, snowy egret, tricolored heron, white ibis, Florida black bear, the gopher
tortoise, Florida panther, giant white pine, and hand fern.
c) The Olde Florida Golf Course will retain the Audubon Cooperative Sanctuary Program
for its golf courses.
d) Any perimeter fencing for the Olde Florida Golf Course shall be three feet or less in
height and split rail, or comparable construction, to allow for wildlife movement.
1 Text underlined is added, text struck thru is deleted
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e) Pole mounted security lighting for golf course facilities and parking areas shall have full
shield cut-offs to contain the light to the surface only.
2) Utilities
a) The Developer will provide a water main stub-out to Mockingbird Crossing at a location
to be agreed upon by the developer and Collier County Water Department at the time of
plat submittal.
3) Planning
a) - - - '- - -- • - - - - - ---•--- - - - - -
required by LDC Section 2.03.07D.1.g. A maximum of 750 dwelling units shall be
permitted in the PUD of which 169 167 shall be derived from base density of 1 DU/5
acres, and 581 shall be derived from TDR credits. The use of TDRs will not be
required prior to use of the base density per Deviation #5. Prior to the issuance of the
first residential development order which includes the use of TDR credits, TDR credits
shall be severed and redeemed for the number of units associated with that
development order. Each subsequent development order shall also require TDR credits
to be severed and redeemed for the number of dwelling units associated with the
development order. Commencing with submittal of the first development order that
utilizes TDR credits, a TDR calculation sheet shall be submitted that documents the
developer has acquired all TDR credits needed for that portion of the development. The
calculation sheet tracks the chronological assignment of TDR credits with respect to all
subsequent development orders until the maximum density allowed by the utilization of
TDR credits has been reached.
b) 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 Olde Florida Golf Club, Inc. 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
Text underlined is added, text struck thru is deleted
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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.
4) Emergency Management
a) Fire mitigation access shall be provided to the development through ten-foot gates
located along the tern `levelopment-wildlife fence I•ifle between the two golf courses.
The gate locations are conceptually shown on the Master Concept Plan, Exhibit C. The
gate location may change during final design and permitting.
b) Fire mitigation access shall be provided to the internal preserve in the RIG tract through
an access lane located along the southern perimeter of the preserve. The location of the
access lane is conceptually shown on the Master Concept Plan, Exhibit C. The location
of the access lane may change during final design and permitting.
c) A 30 foot wide defensible area buffer between Preserve and residential units shall be
provided, measured from the Preserve to a residential primary structure. Accessory uses
may be located within this buffer.
d) Planting of non-highly flammable vegetation/landscaping will be encouraged within the
defensible area buffer. Vegetation around structures within the buffer should consist of
typical southwest Florida cultivated landscaping such as palms, live oaks and grass with
some shrubbery. Appropriate landscaping for planting within the defensible area buffer
is found in the "Wildfire Risk Assessment Guide for Homeowners in Southern United
States", University of Florida IFAS Extension, as amended, and "Selecting Firewise
Shrubs to Reduce Wildfire Risk", University of Florida, IFAS Extension, as amended.
e) Community street signage shall be made of non-combustible material
Text underlined is added, text is deleted
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5) Transportation
a) The development shall be responsible for road maintenance of Douglas Street
from Vanderbilt Beach Road Extension to the northernmost secondary access to
Douglas Street, until such time as an alternative maintenance arrangement is
established. This commitment does not preclude potential for the establishment of an
alternative maintenance arrangement, satisfactory to the County.
b) The developer shall construct a sidewalk along the Douglas Street from Vanderbilt
Beach Road Extension north to the secondary project entrance. The development shall
be responsible for the maintenance of the sidewalk. The development shall not be
responsible for the maintenance of any portion of the sidewalk that is located within
publicly owned right-of-way in the future.
c) The development shall be responsible for the maintenance of that portion of Vanderbilt
Beach Road Extension from the west side of the intersection of Douglas Street,
eastward along the frontage of the project. At such time in the future that the
intersection of Douglas and Vanderbilt Beach Road is accepted by County for
maintenance, the County shall maintain that portion of the roadway acquired for public
use. •
d) The development will work with County Traffic Operations to determine what if any
signing and marking deficiencies exist on the non-County portion of Vanderbilt Beach
Road Extensions.
e) From Vanderbilt Beach Road Extension to the northernmost entrance to the PUD on
Douglas Street as shown on the Master Plan, Owner shall convey on or before the first
plat for the project a 30 foot road easement along its western property line, at no cost to
County, for the use of the public, with no responsibility for maintenance. This
commitment does not apply in areas where there is an existing 30 foot easement for a
public roadway over the western 30 feet.
f) Owner shall pay to Collier County an amount equal to the then existing County payment
in lieu of costs applicable to sidewalks for the County's construction of a sidewalk from
Douglas Street to Massey Street. Payment will be provided at the time Collier County
Text underlined is added, text struck thru is deleted
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has the permits to build the sidewalk, but no earlier than the issuance of the 50th
certificate of occupancy for the project, and no later than the issuance of the 375th
certificate of occupancy for the project.
Text underlined is added, text etruck thru is deleted
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•
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NAPLES DAILY NEWS tt Wednesday, February 4,2015 « 29D
•
•
•
•
NOTICE OF PUBLIC HEARING •
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, February 24th,2015, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples FL,the Board of County Commissioners(BCC)will consider the
enactment of a•County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
The purpose of the hearing is to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2014-21, THE GOLF CLUB OF THE
EVERGLADES RESIDENTIAL PLANNED UNIT DEVELOPMENT WITHIN THE RURAL
FRINGE MIXED USE DISTRICT RECEIVING LANDS OVERLAY, AND AMENDING
ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY
•
AMENDING THE APPROPRIATE.ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF AN ADDITIONAL 10' ACRES OF LAND ZONED RURAL
AGRICULTURAL(A)10 THE GOLF CLUB OF THE EVERGLADES RPUD;BY AMENDING
THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED ON VANDERBILT BEACH ROAD EXTENSION, JUST EAST OF
COLLIER BOULEVARD, IN SECTION 31,TOWNSHIP 48 SOUTH;RANGE 27 EAST AND
SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF845.6B'ACRES.[PUDA-PL20140001511)
•
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda.item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
•
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any ease, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board will
become a permanent part of the record.
•
Any person who decides to appeal any decision of the Board 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 based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact 'the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS -
COLLIER COUNTY,FLORIDA
•
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK. -
By: Martha Vergara
Deputy Clerk(SEAL)
February 4,2015 No.2046869
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Packet Page-871-
•