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Agenda 01/28/2014 Item # 9AProposed Agenda Changes Board of County Commissioners Meeting January 28, 2014 Note: Item #9A: Letters of Objection to the Pelican Lake petition were inadvertently omitted from the printed agenda packet. Copies have been supplied to Commission members, as well as the County Attorney and Minutes and Records Department, and were included on the on -line version of the agenda packet. (Staffs request) Continue Item #11E to the February 11, 2014 BCC Meeting: Recommendation to approve the Purchasing Manual; authorize the use of a County Attorney approved standard purchase order delegated to the County Manager and executed by the Purchasing Director for the general procurement of goods and services; and, delegate the signature authority to the County Manager and executed by the Purchasing Director for County Attorney approved non - standard vendor agreements for goods and services up to $50,000 and approved annual cooperative contracts [Section 18B] which are reported and approved per Section Seven of the Purchasing Ordinance. (Commissioner Hiller's request) Continue Item #16D5 to the February 11, 2014 BCC Meeting: Recommendation to approve a Resolution superseding Resolution No. 2013 -28 establishing New Bike Locker Rental Fees, Policies and Procedures at the Collier Area Transit Intermodal Transfer Facility located at the Government Center. (Staffs request) Time Certain Items: Item #11B to be heard at 10:00 a.m. Item #11C to be heard at 11:00 a.m. 1/28/20149:06 AM n 1/28/2014 9.A. EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 97 -70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an accessory structure with up to 350 square feet of area for cooking laundry, storage or recreational activities. The subject property is located on the east side of Collier Boulevard (SR -951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 101.3 + /- acres. (Petition number PUDA- PL20130000476) OBJECTIVE: To have the Board of County Connmissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the 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. CONSIDERATI NS: The subject site was rezoned from RSF -1 to Planned Unit Development (PUD) in Ordinance Number 92 -78, the Southwoods PUD, on October 20, 1992, to allow for a recreational vehicle park. This Ordinance was later repealed by Ordinance Number 97 -70, Pelican Lake PUD on November 18, 1997. (Please see Attachment B: Ordinance Number 97 -70.) Ordinance Number 97 -70 allows for a 400 lot travel trailer recreational vehicle (TTRV) park with associated facilities that include customary accessory uses. The TTRV is built -out and has 289 TTRV lots. The PUD currently allows for two accessory uses and structures that are customarily associated with a TTRV: 1. an enclosed utility /storage area structure not to exceed an area of 100 square feet, and 2. an attached screened -in porch that is not to exceed an area equal to the area of the recreational vehicle to which it is attached. In addition to the above accessory uses and structures, the petitioner is seeking to amend the PUD document to add', a third accessory use and structure: "A detached accessory structure, inhabitable and architecturally compatible with the associated accessory structure in the Park Common areas such as the clubhouse, post office and gate house. The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to a single story with usable square footage not to exceed three hundred fifty (3 50) square feet. The structure may incorporate heating and cooling systems and must be designed, permitted and constructed in accordance with Federal, Local and State guidelines and building codes." The proposed accessory structure must be located adjacent to its associated recreational vehicle and comply with the accessory setbacks of: Front yard setback: 10 feet Packet Page -13- 1/28/2014 9.A. - Side yard setback: 5 feet - Rear yard setback: 5 feet Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed utility /storage area structure, no attached screened -in porches were observed. Currently, the TTRV lots range in size from 55'x97'(3850 square feet) to 80'x90'(or 7200 square feet). The individual lots are screened from each other by a wall of vegetation that is typically 10 to 15 feet tall. In addition, all of the lots either front on a large 35 +/- acre lake or abut a landscape buffer or preserve area. There are no TTRV lots that have an abutting TTRV lot along their rear lot line. FISCAL EWPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 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. COLLIER COUNTY PLANNING COMMISSION WCPQ RECOMMENDATION• The CCPC heard petition PUDA- PL24130000476, Pelican Lake Planned Unit Development (PUD) on December 5, 2013, and by a vote of 6 to 1 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following stipulations which have been incorporated into the PUD document: 1. Air conditioner compressors may not be located on the side of the accessory use that is adjacent to the side yard property line. 2. A Site Vegetation Photo Survey of the area between the proposed accessory structure and the adjoining lot shall be provided to assure that existing vegetation is not removed. 3. An accessory structure may not be used as a primary dwelling or a guest house. Sleeping is prohibited in the accessory structure and the accessory structure shall not be occupied unless a motor coach is present on the lot. 4. The entrance to the accessory structure shall be located across from the principal use (motor coach) and the accessory structure doorway shall be no greater than a 45 degree angle when a corner mounted doorway(s) is utilized. 5. The height of any accessory use is limited to 15 feet. WIN Packet Page -14- 1/28/2014 9.A. 6. The proposed accessory use language in PUD Section 3.3 B.6.c. shall be deleted. PUD Section 3.3 B.6.a) shall be amended to allow a 308 square -foot enclosed utility /storage area (inclusive of all added roofs over entries. except typical roof overhangs). 7. The proposed accessory use shall include the footprint of the existing utility /storage structure. The CCPC Commissioner who voted in denial of the petition stated that the large size of the accessory structure is such that it will become a guest house or primary structure. It will become too difficult for a Home Owners Association or for Code Enforcement to maintain LDC (Land Development Code) compliance. There were also two CCPC Commissioners who stated that they would support a larger accessory structure at 320 square feet. Letters of objection have been received. Therefore, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Pelican Lake PUD (Ordinance No. 97 -70). 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 Attornel'. 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. Packet Page -15- 1/28/2014 9.A. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. ^ 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 Amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD Amendment 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 ir. accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special priviiege 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? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Packet Page -16- 1/28/2014 9.A. 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 amendment on the availabilio; 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 amendment 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) GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the BCC approve the request for PUDA- PL20130000476, Pelican Lake Planned Unit Development (PUD) subject to the CCPC stipulations. Prepared By: Nancy Gundlach, AICP, PLA Planning & Zoning Attachments: I ) Staff Report 2) Proposed Ordinance 3) Ordinance number 97 -70 4) Location Map 5) Master Plan 6) Application Part 1: hnt): //www.collier�-,ov.net /ftp /AL,enda.lan28l 3 /GrowthM--mt /9.AApl2licationPartl PelicanLake.pdf 7) Application Part 2: hLp• / /",NA collier(zov net / ftp/ AgendaJan2813/ GroNNIhMamt/ 9. A10714ApplicationPart2PelicanLake .pdf Packet Page -17- 1/28/2014 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 97 -70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an accessory structure with up to 350 square feet of area for cooking, laundry, storage or recreational activities. The subject property is located on the east side of Collier Boulevard (SR- 951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 101.3 + /- acres. (Petition number PUDA- PL20130000476) Meeting Date: 1/28/2014 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 12/31/2013 3:35:42 PM Submitted by Title: Planner, Principal,Comprehensive Planning Name: GundlachNancy 12/31/2013 3:35:43 PM Approved By Name: BellowsRaN Title: Manager - Planning. Comprehensive Planning Date: 1/2/2014 3:59:04 PM Name: PuieJudN7 Title: Operations Analyst, GMD P &R Date: 1/3/2014 3:19:31 PM Name: BosiMichael Title: Manager - Planning.Comprehensive Planning Date: 1/7/2014 2:37:14 PM Packet Page -18- Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/7/2014 3:10:39 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/16/2014 9:39:47 AM Name: KlatzkowJeff Title: County Attorney Date: 1/16/2014 2:47:54 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/17/2014 4:58:41 PM Name: OchsLeo Title: County Manager Date: 1/21/2014 1:47:35 PM Packet Page -19- 1/28/2014 9.A. 1/28/2014 9.A. STAFF REPO .' COLLIER COUNTY PLANNING COMMISSION COLLIER COUNT -17 PLANNING COMMISSION PL ANTNIN: & 270NING DEPARTMENT GROV7H MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: DECEMBER 5, 2013 SUBJECT: PUDA- PL201300000476, PELICANT LAKE PUD (PLANNED UNIT DEVELOPMENT) *Pelican Lake Property Owners Association of Collier County, Inc. 4555 Southern Breeze Drive Naples, FL 34114 AGENT Mr. Christopher :J. Thornton, Esquire. Goede, Adamczvk & DeBoest. PLLC 8950 Fontana Del Sol Way, Suite 100 Napies, FL 34109 Please note: this amendment is being bought forward by the Property Owner's Association and not the 289 individual TTRV lot owners. IEOUESTED ACTION, : The petitione-- requests tha th,. Collier Count- Planning Commission (CCPC) consider an. application fo° ar amendment to Ordinance Number 97 -70, the Pelican Lake Planned Unit Deveiopmen . to allow on a recreational vehicle lot an additional accesson structure with up to 350 square fees of area for cooking, laundn-. storage oi recreational activities. (Please see Attachment P_: Proposed Ordinance.) GEOGRAPHIC LOCATION,: The subject 1013+1 - acre Planned Unit Development is located on the east side of Collier Boulevard (SR 951), approximately 2 miles south of Tamiami Trail East (US 41) at 4555 Southern Breeze Drive, Naples, Florida, in Section 15, Township 51 South, Range 26 East, Collier County.. Florida. (See the Location Map on page 2.) PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 1 of 15 Packet Page -20- � �00 1/28/2014 §.A. , | R\ , � ! `Q | � � � Ar / ' 00 55 \ ® I ! « - � � ' ■ - . ■. , ■ -� ■ - . « , Packet Pa se-21- a CD z z 0 N �j �I � � � J 1/28/2014 9.A. ' ' 1t 1,, V� t (!�� ## i� i f .s+.�laop.,. 'r.++.a'veOnirir.,, ►•wo.V �I � �� I., V .UGIHX3 '• + %l �` , ,it• l o a ` i •� _ t� c t�; Mrw .2H3faovNVYt uavm 3;Ov=w m "MWAMNOO ONa Nv-w v-usm c]nd t SCJOOMHinos h� lilri t 1� ►1� i f @ S� h 1 ,p Iiiii I `� t �yyeiei I�l t� Y4 }1 ti O K K W 3 HHURoo Packet Page -22- F 7 F � *Y V ?s- 4j St, st;i 4'i �;. l {{.�, Oil• i.l ( I YFL •�.� rl @ S� h 1 I 3 � Iiiii I `� t �yyeiei I�l t� Y4 }1 ti O K K W 3 HHURoo Packet Page -22- F 7 F � *Y V ?s- 4j St, st;i 4'i �;. l {{.�, Oil• i.l ( I YFL •�.� rl 1/28/2014 9.A. ^ PURPOSE/DESCRIPTION OF PROJECT: The subject site was rezoned from RSF -1 to Planned Unit Development (PUD) in Ordinance Number 92 -78, the Southwoods PUD, on October 20, 1992, to allow for a recreational vehicle park. This Ordinance was later repealed by Ordinance Number 97 -70, Pelican Lake PUD on November 18, 1997. (Please see Attachment B: Ordinance Number 97 -70.) Ordinance Number 97 -70 allows for a 400 lot travel trailer recreational vehicle (TTRV) park with associated facilities that included customary accessory uses. The TTRV is built -out and has 289 TTRV lots. The PUD currently allows for two accessory uses and structures that are customarily associated with a TTRV : 1. an enclosed utility /storage area structure not to exceed an area of 100 square feet, and 2. an attached screened -in porch that is not to exceed an area equal to the area of the recreational vehicle to which it is attached. In addition to the above accessory uses and structures, the petitioner is seeking to amend the PUD document to add a third accessory use and structure: "A detached accessory structure, inhabitable and architecturally compatible with the associated accessory structure in the Park Common areas such as the clubhouse, post office and gate house. The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to a single story with usable square footage not to exceed three hundred fifty (350) square feet. The structure may incorporate heating and cooling systems and must be designed, permitted and constructed in accordance with Federal, Local and State guidelines and building codes." The proposed accessory structure must be located adjacent to its associated recreational vehicle and comply with the accessory setbacks of- - Front yard setback: 10 feet - Side yard setback: 5 feet - Rear yard setback: 5 feet Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed utility /storage area structure, no attached screened -in porches were observed. Currently, the TTRV lots range in size from 55'x97'(3850 square feet) to 80'x90'(or 7200 square feet). The individual lots are screened from each other by a wall of vegetation that is typically 10 to 15 -feet tall. In addition, all of the lots either front on a large 35 +/- acre lake or abut a landscape buffer or preserve area. There are no TTRV lots that have an abutting TTRV lot along their rear lot line. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 4 of 15 Packet Page -23- 1/28/2014 9.A. SURROUNDING LAND USE AND Z®NINQ North: a TTRV Park, with a zoning designation of Silver Lakes MPUD (Mixed -use Planned Unit Development), a 146 + /- acre PUD East: single - family residences with a zoning designation of Copper Cove Preserve Rt'UD, a 101 + /- acre PUD South: a golf driving range and undeveloped land with a zoning designation of Rural Agriculture (A), and then a residential golf course development with a zoning designation of Fiddler's Creek PUD, a 2133 + /- acre PUD West: Collier Boulevard (SR 951), a 4 -lane arterial road and then undeveloped land with a zoning designation of Rural Agriculture (A) PELICAN LAKE PUD, PUDA- PL2013D0000476 November 21, 2013 AERIAL PI1GTO Page 5 of 15 Packet Page -24- 1/28/2014 9.A. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The Pelican Lake Planned Unit Development (PUD) is within the designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 + /- acres and 10 percent of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. For the most part, the FLUE is silent to accessory structures - they are simply allowed as uses subordinate to principal uses. The Density Rating System does provide that density calculations only apply to residential dwelling units and do not apply "to accessory dwellings or accessory structures that are not intended and/or not designed for permanent occupancy... include guest houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like." The Pelican Lake PUD was originally approved under Ordinance Number 92 -78 as "Southwoods" PUD on October 20, 1992 for a Recreational Vehicle Park and Commercial Earth Mining for property located at the northeast quadrant of Collier Boulevard (SR 95 1) and Championship Drive. The PUD was later amended on November 18, 1997 by Ordinance Number 97 -70, (repealing the previous Ordinance Number 92 -78), to allow up to 400 (TTRVC) recreational vehicles. Currently, the project is described as being fully developed with 289 platted TTRV lots along with common areas. The applicant seeks to amend Section III of the PUD document, Section 3.3 Permitted Uses, by adding paragraph "c ", to Section 3.3 B. 6, accessory uses and structures, as follows: "A detached accessory structure, inhabitable and architecturally compatible with the associated accessory structure in the Park Common areas such as the Clubhouse, post office and gate house. The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining of guests. The size of the structure is limited to a single story with usable square footage not to exceed three hundred fifty (350) square feet. The structure must be adjacent to its associated recreational vehicle and in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, State and Local guidelines and building codes. " PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 6 of 15 Packet Page -25- 1/28/2014 9.A. Future Land Use Element Policy 5.4 states: "New developments shall be compatible with, and ^ complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance Number 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended)." Please refer to the Zoning Review section of this Staff Report for the compatibility analysis. 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 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 GMP. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the CCME. Based upon the above analysis, Comprehensive Planning Section Staff finds the request for accessory structures to be consistent with the Future land Use Element of the Growth Management Plan. 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 LDC Subsection 10.02.13. B.5, Planning Commission Hearing and 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 basis to support the CCPC's ^ recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and recommends approval. Transportation Review: Transportation Staff has reviewed this petition and recommends approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The petitioner is seeking to add an additional 350 square -foot accessory structure to a recreational vehicle lot. As previously stated, the PUD currently allows the following accessory structures: a 100 square -foot utility /storage area, and an attached screened -in porch that is not to exceed an area equal to the area of the recreational vehicle to.which it is attached. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 7 of 15 Packet Page -26- 1/28/2014 9.A. 111-N All of the recreational vehicle lots have an accessory 100 square -foot utility /storage area structure. Staff has reviewed the site layout plans that were submitted by the applicant and has concerns regarding the impact of a fully extended recreational vehicle (a recreational vehicle has potentially 4 sides that can "pop -out" up to 30 inches per side), an open awning which can extend up to 8 feet, a screened in porch that can be as large as the recreational vehicle to which it is attached, and a 100 square -foot utility /storage area structure. The cumulative area of all of these accessory uses far exceeds the principal recreational vehicle use more than 3 times. (Note: traditionally, an accessory use can be no larger than 40 percent of the principal use. In this case, the accessory uses are in excess of 300 percent of the principal use.) Staff is concerned about the 350 square foot accessory use being occupied year round, threreby increasing the intensity and density of the seasonal TTRV land use. Staff is also concerned about the impact of the location of the proposed 350 square foot accessory structure on a TTRV lot that can be used for cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. Currently, the PUD document allows for a 5- foot side yard setback. This would result in an accessory structure that can be used for "social gatherings.....and entertaining guests" to be located closer to a neighboring recreational vehicle (10 feet) than it is to the recreational vehicle that it is accessory to. Please see attached Lot Layouts. Staff is also concerned about the impact of the proposed structures on the landscaping which has created a "unique, lush, and tropical feeling" at this recreational vehicle resort park. As previously stated, Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed utility /storage area, no attached screened -in porches were observed. Staff does not recommend approval of the proposed amendment in its current form for the reasons stated above. However, Staff could recommend approval if the PUD document were revised to: 1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as described in PUD Section 33 B.6. a. or a 350 square -foot accessory structure as described in the proposed amendment language. Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet. 3. The 350 square -foot accessory- structure shall not be in use when the motor coach is not parked at the site. Staff proposes that the PUD language be revised to state the following: c) A detached accessory structure, ale -awl architecturally compatible with the assee ae aeeessery stmetwe iB the Pa& Gemmen e •eh as the clubhouse, post office and gate house. The accessory try- miffit be- r-esideStkg afid iffelude - but -08 tote structure is limited to the followinouses: cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to single story with usable maximum square footage not to exceed three hundred fifty (350) square feet. The PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 8 of 15 Packet Page -27- 1/28/2014 9.A. structure must be adjacent to its associated recreational vehicle and otherwise in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, Local and State guidelines and building codes. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 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. This is a PUD amendment. The previously approved TTRV land uses remain and this amendment is for the purpose of allowing an additional accessory use. 2. Adequacy of evidence of unified control and suitability of any proposed 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. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the 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 Mai- include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD amendment to add a 350 square foot accessory structure has no impact on the external compatibility of the subject PUD. However, the proposed addition of the 350 square foot accessory structure does have an impact on the internal compatibility of the land uses within the subject PUD. As previously mentioned, the additional impact of proposed accessory structure with the other permissible accessory structures is 3 to 4 times the size of the principal structure that it serves. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 9 of 15 Packet Page -28- 1/28/2014 9.A. Furthermore, the proposed additional accessory structure has a noise impact on the neighboring recreational vehicle located on the adjacent lot. It also has an impact on the existing landscaping that is located between adjacent TTRV lots as the landscaping is wider than the 5 -foot side yard setback. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The 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. All necessary improvements and facilities are already in place to serve this development. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon 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. As mentioned previously in this Staff Report, the proposed addition of a 350 square -foot accessory structure proposed will conform with current PUD regulations. However, Staff is requesting a height limitation of 15 feet in order to create greater compatibility. REZONE FINDINGS: LDC Subsection 10.03.08 F. states. "When pertaining to the rezoning of land, the report and recommendations of 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, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Growth Management Plan (GMP). PELICAN LAKE PUD, PUDA- PI201300000476 November 21, 2013 Page 10 of 15 Packet Page -29- 1/28/2014 9.A. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to do so. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will adversely impact the living conditions in the neighborhood. As previously stated, the accessory 100 square -foot utility /storage area structure, the fully extended recreational vehicle ( "pop- outs" up to 30 inches on each side of the RV), the open awning extending up to 8 feet, and a screened in porch that can be as large as the recreational vehicle to which it is attached, all contribute to a congested, cluttered RV lot. The cumulative area of all of these accessory uses far exceeds the principal recreational vehicle use more than 3 times. In addition, the current setback for accessory structures such as the proposed 350 square -foot accessory structure is a 5 -foot side yard setback. This will result in an accessory structure location that is closer to the neighboring RV than the RV that it serves and is accessory to. 7. Whether the proposed change will create or excessively increase traff c 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 proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not reduce light and air into adjacent areas. The development PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 11 of 15 Packet Page -30- 1128/2014 9.A. standards such as height limitations, setbacks, open space and landscaping provisions ensure adequate light and movement of air into adjacent areas. 10. Whether- the proposed change would 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. All of the properties adjacent to the subject site are already developed except for the Agricultural zoned properties located to the south and west. The basic premise underlying all of the development standards in Section III of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, 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 n owner as contrasted 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 already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. 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 and further, if the Staff recommendations are incorporated into the PUD document, the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed 350 square -foot accessory structure is out of scale with the needs of the neighborhood. However, as previously stated, if the Staff recommendations are incorporated PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 12 of 15 Packet Page -31- 1/28/2014 9.A. into the PUD document, the proposed amendment could be found to be in scale with the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. This finding is not applicable to this project. The TTRV use is already permitted on this site. 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 some site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners 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 MW The applicant duly noticed and held the required meeting on Augus 28, 2013 at 5:30 p.m. at the Pelican Lake Clubhouse at 4555 Southern Breeze Drive, Naples, Florida. Approximately 7 people from the community along with the applicant, agent, Home Owner's Representatives and County Staff attended the meeting. For further information please see Attachment C: "SummanT of Neighborhood Information Meeting for Pelican Lake PUDA" prepared by the applicant. To date, no letters of opposition have been received. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20130000476 on November 14, 2013. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 13 of 15 Packet Page -32- 1/28/2014 9.A. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130000476 to the Board of County Commissioners with a recommendation of approval subject to the following revisions to the PUD document: 1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as described in PUD Section 3.3 B.6. a. or a 350 square -foot accessory structure as described in the proposed amendment language. 3. Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet. 4. The 350 square -foot accessory structure shall not be in use when the motor coach is not parked at the site. 4. The proposed PUD language shall be revised to state: c) A detached accessory structure, ale -atd architecturally compatible with tke- asseeiated aeeessefy swaetffe ifi the Parr Genffneft aFeas sueh the clubhouse, post office and gate house. The accessory uses - Hiu.,tber-esidefrtial -and iffelude but not "mite'' to structure is limited to the foll2nbg uses: cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to single story with usable maximum square footage not to exceed three hundred fifty (350) square feet. The structure must be adjacent to its associated recreational vehicle and otherwise in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, Local and State guidelines and building codes. Attachments: A. Proposed PUD Ordinance B. Ordinance Number 97 -70 C. Lot Layouts D. Summary of Neighborhood Information Meeting for Pelican Lake PUDA PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 14 of 15 Packet Page -33- PREPARED BY- ATE NANCY GUNDLAF- C. AICP, PRINCIPAL PLANNER D GROWTH MANAGEMENT DIVISION REVIEWED BY- 1P /-7 RAYM YT. BELLOWS, ZONING MANAGED_ DATE GROWhlI MANAGEMENT DIVISION MICHAEL BOSI, AICPI DIRECTOR DATE GROWTH MANAGEMENT DIVISION, APPROVED BY. NICK (-'AS A-Di\41NIS7-'l,-AT0E- DATE GTRO)�,17 TH !Vil'- IQ --!vF �7 DT".7TSj,Dj,� Tentatively scheduled for the January 20'. 20 131 Board of County _ornmissioners Meeting PELICAN LAKE PUD, PUDA-PL201300000476 November 21, 2013 Page 15 of 15 Packet Page -34- 1/28/2014 9.A. 1/28/2014 9.A. ORDINANCE NO. 14- AN ORDINANCE. AMENDING ORDINANCE NUMBER 97 -70, THE PELICAN LAKE PLANNED UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL VEHICLE LOT AN ACCESSORY STRUCTURE WITH UP TO 350 SQUARE FEET OF AREA FOR COOKING, LAUNDRY, STORAGE OR RECREATIONAL. ACTIVITIES. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR -951) IN SECTION 1.5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3 + /- ACRES. [PUDA- PL20130000476 WHEREAS, on November 18. 1997.. the Board of' County Commissioners approved Ordinance No. 97 -70 which established the Pelican Lake Planned Unit Development zoning classification: and WHEREAS. Pelican Lake Property Owners Association of Collier County, Inc. represented by Christopher J. Thornton. Esquire of Goede. Adamczvk & DeBoest. PLLC petitioned the Board of Countv Commissioners of Collier County, Florida to add an accessory use to the Pelican Lake PUD. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: SECTION ONE: AMENDMENT TO SECTION 3.3.B.6 ENTITLED ACCESSORY USES OF THE PUD DOCUMENT ATTACHED AS EXHIBIT A TO ORDINANCE NO. 97-70. Subsection ,.,.B.6 of' Section III of the Planned unit Development. attached as Exhibit "A" Lo (Ordinance No. 9 - -70. is hereby amended to read as foliow-s: f:. Accessory uses and structures customaril,. associated with travel trailer recreational vehicle lots. inciudin <g: a) An enclosed utility /stora�-,e area not to exceed an area ol, one three hundred ei?h. H09) (308) square feet inclusive of all added roofs over entries. except tvrical roof overhangs. Any utility /storage area may be located adjacent to its associated recreation vehicle in compliance with the setbacks provided in Section ,.4.0 of this document. The utility /storage area may be a continuous part of a screened -in porch where such a porch is attached to the vehicle as herein provided. Notwithstandina the foregoin„ . the followlina conditions shall apy1v to anv enclosed utility /storage area installed. constructed or expanded after the effective date of this Ordinance: i) air conditioner compressors may not be located on the side ward of the enclosed utility /storage structure that is adjacent to the property lane_ ii) prior to installation or construction of the enclosed utility /storage Pelican Lake PUD Page 1 oft PUDA- PL20 1 3 00004 76 Text underlined is added: text stmek thfourg ; is deleted Rev. 12/19/13 Packet Page -35- 1/28/2014 9.A. structure. a site vegetation photo survev shall be provided by owner to assure that existing vegetation in the area between the proposed enclosed utility /storage structure and the adioininL! lot is not removed: iii) an enclosed utilitv!storaae structure may not be used as a dwelling unit or a g=uest house. Sleeping, is prohibited in the enclosed-utility/storage structure and the enclosed utility /storage structure shall not be occupied unless an occupied recreational vehicle as described in Section 3.3.A.I of the PUD is present on the lot: iv) the entrance to the enclosed utilitv.istorage structure shall face the recreational vehicle as described in Section 3.3.A.1 of the PUD and the doorway to the enclosed utility /storage structure shall be no _(Treater than a 4', degree angle when a comer mounted doorway is utilized: v) the height of anv enclosed utility /storage structure is limited to one story not to exceed fifteen (1 5) feet in actual height: and vi) anv expansion of an existin ( enclosed utilitv!storaee structure shall include the footprint of the existing enclosed utilitvistorage structure. except where the existing structure may encroach into the side yard setback. b) An attached screened -in porch elevated or at ground level with a solid roof structure. architectural iv compatible with its associated recreation vehicle.. not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened -in porch may provide for any site utility /storage space requirements as herein provided and shall not contain anv other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. No heating. air conditioning or heater systems or parts of systems including ducts or grills may be constructed or contained in such screened -in porch. Exterior walls may be enclosed with vinyl windows. except that the storage area may be enclosed with the same material as the principal unit. SECTION TWO: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DUL)' ADOPTED by super - majority vote of the Board of County Commissioners ofTollier Count. Florida. this day o:` ?O14. ATTEST: DWIGHT E. BROCK. CLERIC By: By: Depute Clerk Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney CP113 -CPS - 01235181 Pelican Lake PUD Pt1DA- PL20130000476 key. 12/19/13 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING. Chairman Paee 2 of 2 Text underlined is added; text swaek t#reu4 is deleted Packet Page -36- ORDINANCE 91 -7U 1/28/2014 9.A. N ^t AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND c DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING • rR ;- ATLAS MAP(S) NUMBERED 1615N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN ,;� r_q �ti DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS :-;PELICAN LAKE, FOR PROPERTY LOCATED ON THE EAST SIDE OF SR -951, IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92 -78, AS AMENDED, THE FORMER SOUTHWOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. 1/28/2014 9.A. N ^t G � c 0 .: LE WHEREAS, Bruce Tyson of Wilson, taller, Barton 6 Peek, Inc., representing Pelican Lake limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THERE ORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 1615N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 92 -78, as amended, known as the Southwoods PUD, adopted on October 20, 1992 by the Board of County Commissioners of 41 Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Packet Page -37- 1/28/2014 9.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /0day of 1997. ATTEST: ,, BOARD OF COUNTY COMMISSIONERS �IGyS• Clerk COLLIER COUNTY, FLORIDA ''f��� • {� a �A ' :;� �• • -r • , � .w� try dD.C. ;� y�;; G.a. • ' :;' �.. BY:� ff TIMOTHY L. HANCOCK, Chairman prclv' �sto «,Fdm,Fand .. L••eCja�'•Suffi��ie�1q�%.:i'i•^ 1 i IOw�IIw� i�i•,LL ( this ordinonc^ with the Ma— rle ' M. Student Sec story cf ;r• .. . ;; f.ce the Assistant County Attorney 4.4-w -dCyof 7�ev, ., 2-51Z and cck ?,n,•: ^.'•- -a_nt of that fJIi -' r^ 'Cd ihiis��•4•�,CA---day f /POD -92 -611) ordinance of,.f�L. er o.w.n• Qwk Packet Page -38- I /Lt5 /LU "14 y.H. STATE OF FLORIDA) COUNTY OF COLLIER) 0 I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: OIDINANCE NO. 97 -70 Which was adopted by the Board of County Commissioners on the 18th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners.of Collier County, Florida, this 19th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and;dlerl', .' Ex- officio to Board.' County Commissioners. -. By: /s/ od 5: Kuehrle ,� 0'r: Deputy Clerk' . "• '. Packet Page -39- jftM- U§ v. oti -sr,.m RW Lm. "% MM7.01.00 ► nn 1/28/2014 9.A. PELICAN LAKE A PLANNED UNIT DEVELOPMENT 101.3f Acres Located in Section 15 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: PELICAN LAKE LIMITED PARTNERSHIP 2330 W. JOPPA ROAD, SUITE 210 LUfHERVILLE, MD 21093 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 FIEWI-1.1 YOUNG, VANASSENDERP & VARNADOE 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 NNE, 1997 DATE REVISED Oct 21. 1992 DATE REVIEWED BY CCPC Sept. 17. 1992 DATE APPROVED BY BCC Oct. 20. 1992 ORDINANCE NUMBER 92 -78 AMENDMENT FILED June 25, 1997 DATE APPROVED BY CCPC DATE APPROVED BY BCC Nov. 18, 1997 ORDINANCE NUMBER 97 -70 Packet Page -40- • TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I - PROPERTY OWNERSHIP & LEGAL DESCRIPTION SECTION II - PROJECT DEVELOPMENT SECTION III - RECREATIONAL VEHICLE LAND USE SECTION IV - CYPRESS PRESEWIE SEC11ON V - GENERAL DEVELOPMENT COMMITMENTS IWNJ -M&S Vr. 01' -Blyf mw.Ifs* ND"74014" -9777 11 Packet Page -41- 1/28/2014 9.A. PAQE ll 2 -1 3 -1 4 -1 5 -1 1/28/2014 9.A. LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER MANAGEMENT PLAN (WMB &P, INC. FILE NO. RZ -206a) EXHIBIT B AERIAL PHOTOGRAPH AND LOCATION MAP (WMB &P, INC. FILE NO. RZ -206b) EXHIBIT C BOUNDARY AND TOPOGRAPHIC SURVEY (WMB &P, INC. FILE NO. 4J- 241) EXHIBIT D COMMUNITY SERVICES MAP EXHIBIT E LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTT CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB &P, INC. FILE NO. RZ- 206e) IOAM-29685 Va: 01l.BTywn „.l..� . N0277.901400.► -7777 Packet Page -42- 1/28/2014 9.A. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the WMBS &P Profit Sharing Plan and Trust, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3* acres of land located in Section 15, Township 51 South, Range 26 East, Collier County, Florida. The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN LAKE as a PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The Future Land Use Element of the Growth Management Plan makes an exception of Recreational Vehicle Campground or Parks from the density rating system applicable to all other residential development, and specifically provides that the density prescribed in the TTRVC zoning district is the density that is allowed. A PUD entirely devoted to recreational vehicle development is for all intent and purposes equivalent to the TTRVC zoning district. 3. The project development is compatible and complementary to existing; and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the Future Land Use Element. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. ff ICAM -2%95 VW. 01 '-STY&" R I�11L�Is MM7491 000. 1.7777 w Packet Page -43- 0 1/28/2014 9.A. 7. The subject property is within the area encompassed by the Stipulation for Dismissal and Settlement Agreement, dated July 20, 1982, between Deltona Corporation, various agencies of the State of Florida, conservation intervenors, and Collier County, hereinafter referred to as the "Settlement Agreement." SHORT TITLE This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT DEVELOPMENT ORDINANCE ". I&W.2%15 Va: 0I1.81yw wozn.00�-0oar.tm IV Packet Page -44- SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 1/28/2014 9.A. The purpose of this section is to set forth the location and ownership of the property, and to describe the existing condition of the property proposed to be developed under the project name of Pelican Lake. The subject property being approximately 101.3 acres, is described as: The south 1100 feet of the north '' /z, of the north ' /z. of Section 15, Township 51 south, Range 26 east, lying east of State Road No.951, Collier County, Florida. The subject property is currently under the ownership of Pelican Lake Limited Partnership, 2330 W. joppa Blvd., Suite 210, Lutherville, MD 21093. A. The project site is located in Section 15, Township 51 south. Range 26 east, and is bordered on the west by State Road 951, on the north by undevelopcd land and Silver Lakes PUD, on the east by property zoned MHSD and on the south by Championship Drive and Marco Shores PUD. B. The reference and zoning classification of the subject property prior to the date of this approved PUD Document was Southwoods PUD. • The project site is located within South Florida Water Management District No. 6. Natural drainage of the site is in a northeast to southwest direction. Sheetflow from the north is collected by an interceptor ditch located in the Championship Drive right -of -way. This interceptor ditch discharges south and west via the SR 951 right- of-way ditch and a drainage pipe under Championship Drive discharging in Marco Shores PUD. The proposed water management system will be the lake detention type. �\ 169M.2%IS Ve 011.87y on ILUr, IL.�1� ►+ont.aol.000 -rnn Packet Page -45- 1/28/2014 9.A. Vegetation on site is predominantly pine flatwoods. A small cypress area, to be preserved, is located adjacent to the eastern property line. Elevations within the site range from 2.3 to 3.8 feet above mean sea level. Most of the site averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM Map 1 20067 061 SD. Pelican Lake PUD shall be a Recreational Vehicle (TTRV) park with associated facilities which may include, but shall not be limited to, a clubhouse, associated recreational facilities and customary accessory uses, a cypress preserve and open space as more specifically set forth in Section 3 of this document. iawr.29US vn: 01'.aryw FLL. -t % '=74C14WF.n» • ! -2 Packet Page -46- • SECTION ti PROJECT DEVELOPMENT milli", Rqz$331 1/28/2014 9.A. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. A. Regulations for devei,.pment of Pelican Lake shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. Development permitted by the approval of this petition will be subject to a concunency review under the Adequate Public Facilities Article 3, Division 3.15 of the Collier County Land Development Code or its successor provision at the time of building permit issuance. D. Ali conditions imposed herein or contained on the Master Plan for Pelican Lake PUD are part of the regulations which govern the manner in which the site may be developed. M"749"5 Ver: OV-BTY o MW-. '=7-0 I4X*- P.7777 PSI Packet Page -47- 1/28/2014 9.A. 1 c ' • • t• X11 :. 'c•'t► The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", PUD Master Plan, (WMB &P, Inc. File No. RZ- 206a). Minor variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. The specific location, size, and configuration of individual tracts or recreational vehicle sites shall be determined at the time of site development plan approval in accordance with Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. • M %No 1 A maximum of 400 TTRV lots shall be constructed in the total project area. The gross project area is approximately 101.3 acres. The gross project density, therefore, will be a maximwn of 3.9 units per acre. A. If TTRV lots arc sold on a fee simple basis, the project shall follow the design and development standards and review procedures in accordance with the requirements established in Article 3, Division 3.2 of the Collier County Land Development Code or its successor provision. The developer reserves the right to request substitutions to the standards set forth in applicable regulations. B. If the project is operated as a rental park (no fee simple sale of 'I -I'IZV lots), the project shall follow the standards and review procedures established in Article 3. Division 3.3 of the Collier County Land Development Code, or its successor provision. C. Appropriate instruments will be provided at the time of infrastructuml improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 ROADWAYS Roads and other infrastructure may be either public or private. depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer, his successors or assignee at the time of County approval. Standards for roads shall be in compliance with the applicable provisions of County Code IO &197.29613 Va 011 -DTyw 11.1. •�tw..ew NO2 7-001-001060-M) 2 -2 Packet Page -48- 110\ 1/28/2014 9.A. regulating subdivisions, unless otherwise approved as a substitution during subdivision approval. Standards for roads shall also be in compliance with the applicable provisions of the Settlement Agreement. The Developer, his successors or assignee reserve the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed standards would be consistent with the Settlement Agreement standards. 2.7 LAKE SITING The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the Collier County Land Development Code may be reduced with the approval of Project Review Services. Utilization of the rights -of -way for landscaping decorative entrance ways and signage shall be reviewed and approved by Project Review Services prior to any installations. V Is) 01 D1 a a, E1113 I *fRYA 11 *K81 Die Model homes and a Sales Center shall be permissible pursuant to the requirements of Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code or their successor provision. ONIMMU I Biel lu ► • 1 1• a I) 1,1401 1 u: WAIVO Amendments may be made to the PUD Document or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code, or its successor provision. If the property is to be subdivided into any individual tracts or lots to be transferred to another entity, then in that event, the developer shall create a property owners association whose function shall include provision for the perpetual care and maintenance of all common facilities and open spaces subject further to the provisions contained herein. Said property owners association shall provide restrictive covenants concerning the use of (lie common facilities and open space and shall provide an assessment process for funding the maintenance and care of said facilities. 104M7•2%91 Vea. 011.BTyw NMI-001 000•P -7373 2 -3 Packet Page -49- SECTION III RECREATIONAL VEHICLE LAND USE 3.1 PURPOSE 1/28/2014 9.A. The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A ", PUD Master Plan as Recreational Vehicle (TTRV), Recreation and/or Open Space. The maximum number of TTR'. lots allowed within the project is 400. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1WW- X5 Va. 011•sTY. Ru.0 . W=7-0W14WP-7773 1. Travel trailers, park trailers, truck campers, camping trailers, motor homes, conversion vans and any other recreational vehicle not specifically mentioned, that is designed to provide temporary or seasonal living quarters for recreational, camping or travel use: One (1) per lot, or site. 2. Commercial earthmining. 3. Any other use or service which is comparable in nature with the uses set forth in 3.3.A.1, of this document and which the Development Services Director determines to be compatible in the district. B. Accessory Uses: 1. Customary uses and structures that are accessory and incidental to the uses permitted as of right. 2. One (1) caretakers residence in conjunction with the operation of the park. 3 -I Packet Page -50- 1/28/2014 9.A. 3. Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation and social facilities (both indoor and outdoor), administration buildings, service /maintenance buildings including bathrooms, storage (including RV and boat storage), laundries and similar services for residents of the park. 4. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the recreation and open space areas. 5. Small docks, piers or other such facilities constructed for purposes of lake recreation. 6. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: a) An enclosed utility /storage area not to exceed an area of one hundred (100) square feet. Any utility /storage area may be located adjacent to its associated recreation vehicle in compliance with the setbacks provided in Section 3.4.0 of this document. The utility/storage area may be a continuous part of a screened -in porch where such a porch is attached to the vehicle as herein provided. b) An attached screened -in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened -in porch may provide for any site utility /storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. No heating, all conditioning or heater systems or parts of systems including ducts or grills may be constructed or contained in such screened -in porch. Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal unit. 7. A convenience commercial facility (including store, laundry and dry cleaning agencies, beauty shops and barber shops) no greater than fifteen thousand square feet (15,000) in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage IOMM-29US Vw. O1I -BTywn 3 -2 i7.O0I-0OO•R�TI Packet Page -51- 1/2812014 9.A. and lighting, from any public or private street or right or way external to the park. 8. Water Management Facilities and lakes. ' ►� ► I 1 �I ANI 7:j7 7•y A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence. I* B. Minimum Lot Dimensions: 1. Width: Average of 40 feet 2. Depth: Average of 70 feet C. Minimum Yards: 1. Front: Ten (10) feet 2. Side: Five (5) feet 3. Rear: Eight (8) feet, five (5) feet for an enclosed utility /storage area located on a TTRV lot. 4. From Exterior Boundary of Park: Thirty (30) feet 5. From State Road 951 or Championship Drive: Fifty (50) feet 6. From Buildings or Structures: Ten (10) feet. no setback from an enclosed utility /storage area adjacent to its associated recreation vehicle. D. Maximum Height of Structures: Thirty (30) feet C A. Electricity, central water and sewer shall be available to each TTRV lot. B. A trash container such as a dumpster may be located in areas easily accessible and not obstructed by TTRV lots or the developer or property owners association may contract with a solid waste collection and disposal service. C. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available and a telephone is available for public use. IOAI97.2%15 Ver. 011.87rwn MI..1. " MM740I-0OO.P.727) 3 -3 Packet Page -52- 1/28/2014 9.A. W'.4 19(020.4 Rol U 10 316 VGM Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code or successor provision. Parking for accessory uses may be computed at 50% of the normal requirements set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or • successor provision. 3.7 REQUIRED BUFFERS A. Adjacent to State Road 951 and Championship Drive: An area not less than twenty feet (20') in width shall be provided. This area shall include a landscaped area of five feet (5') inside its entire length. The landscape plan for this area will be determined at project plan approval in accordance with Section 2.5 A or B of this document. The enth : buffer area may be combined to achieve a visual screen between State Road 951 /Championship Drive and the TfRV park. A perimeter berm and swale may be permitted within the buffer area. Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be maintained between the proposed on -site road pavement surface running parallel to S.R. 951 and the most easterly pavement surface on S.R. 951. B. All other project boundaries: A buffer strip at least fifteen feet (15') wide in which ornamental screening composed of structural or plant material shall be provided. The landscape plan for this area will be determined at project plan approval in accordance with Section 2.5A or B of this document. A perimeter berm and swale may be Permitted within the buffer area. No buffer shall be required between tilt: Cypress preserve and the project boundary. C. No buffer shall be required between recreation areas and TTRV lots. D. Required buffers shall be maintained and constructed in accordance with the landscape provisions of Article 2, Division 2.4 of the Collier County Land Development Code, or its successor provision. MINKI'M 1MMUMIUMTOR Standards for parking, landscaping, signage, lighting and other land uses not specified herein are to be in accordance with the Collier County [.and Development Code in C11ect at the time of Project Plan Approval as stipulated in Section 2.5 of this document. 'r4M7.'2%Ii Vn 01' -Vy.- 'W374014MP-7377 3-4 ... Packet Page -53- 1/28/2014 9.A. Recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in the Public Records of Collier County referencing the PUD's restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: A. Lots rented: For those lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of' rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a lot, and their occupancy shall be subject to the penalties prescribed by Collier County. B. Lots Sold: For those lots that are sold, the developer /owner of the lots shall include in the sales contract a notice that current zoning regulations prohibits the use of the lot for permanent occupancy. The new lot owner is responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.10 PERMANENCY CONTINGENCY If, after the approval of this PUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in "I "I'RVC or similar zoning districts. Section 3.9 of this PUD document shall become null and void. 3.11 FLOOD PLAIN ELEVATIONS All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall meet flood plain elevation if permanently attached to the ground or utility facilities. Park model travel trailers must be anchored in accordance with the standards set forth in the Collier County Mobile I Ionic District (MI I) and " 71WC District and other appheable regulations and be connected to a public or private water and sewer system. Additionally. such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 101MI.MAi V. 011 -nTy- N(121740f.# ►P•7)7) 3 -5 1pm Packet Page -54- 1/28/2014 9.A. 3.13 DEFINITIONS (Taken from 1996 Supplement, Chapter 320.01, Definitions, general. Florida Statutes.) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of tl,.: exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A -119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of' the hody (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth -wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no" more than 8 112 feet and an overall body length of no more than 40 feet when factory equipped for the road. D. Camping Trailer: IM/77.29(.t3 Yp ql� -UTywn r+o:n�ol.aoo -r.TS» A vehicular portable unit mounted or wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. 3 -6 Packet Page -55- A 1/28/2014 9.A. E. 'Truck Camper: �. A truck which is equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which does not exceed 40 feet in length and the height and width Iimitations provided in S. 316.515, is a self - propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. G. Conversion Van: A vehicular unit which does not exceed the length and height limitations provided in S. 316.515, is built on a self - propelled motor chassis, and is designed for recreation, camping and travel use. H. Private Motor Coach A vehicular unit which does not exceed the length, width and height limitations provided in S. 316.515 (9), is build on a self - propelled bus type chassis having no fewer than three load bearing axles, and is primarily designed to provide temporary quarters for recreational, camping, or travel use. IWW -29US Va 01' -Uya 3 -7 rwt�r.00�- 000.r -r»> Packet Page -56- I SECTION IV CYPRESS PRESERVE 4.1 PURPOSE 1/28/2014 9.A. is The purpose of this Section is to set forth the development plan for the area designated Cypress Preserve on Exhibit "A ", PUD Master Plan (WMB &P, Inc. File No. RZ- 206a). The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. No structure or part thereof, shall be erected, altered, or used, or land used, in whole or ill part, for other than the following: A. Principal Uses: W"7 -:0uf va oil -etr� P=740140&ra371 1. Open space/Nature Preserve 2. Boardwalks or pervious paths 4 -1 *"" Packet Page -57- 1/28/2014 9.A. SECTION V n GENERAL DEVELOPMENT COMMI'T'MENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of the project. • 5,2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at the time of each approval, except as otherwise noted herein. Except where specifically noted or stated otherwise, as for matters addressed in the Settlement Agreement, the standards and specification., of the official Collier County Land Development Code shall apply to this project. The developer, his successors and assigns shall be responsible for the commitments outlined in this document. The developer, his successors or assignee shall agree to develop in accordance with Exhibit "A ". PUD Master Plan and the regulations of the PUD as adopted, and any other conditions of modifications as may be agreed to for the rezoning of the property. In addition, the developer will agree to convey to any successor or assignees in title, any commitments within this agreement. ' 1 u: t ' :►I A. Exhibit A, P.U.D. Master Plan (WMB &P, Inc. File No RZ -206a) is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. C. Site design refinements shall be pernlittcd subject to County stall' administrative approval, where such changes are consistent with the intent of this 17.U.1). and du not cause significant impact to surrounding properties. Amendments to the 17.U.D. Master Plan and document shall be accomplished in accordance with Article 2, Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its successor provision. IOAN7.1968 5 Va Of!-BTywe fM3740JAMP.7777 5 -t Packet Page -58- ___ 1/28/2014 9.A. 5.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code or its successor provision, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. u E0191 I ILI) N 1902 .014 ' • t An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7. Section 2.7.3.6. of the Collier County Land Development Code or its successor provision. : ► U61 ty :�iliii7►1 The development of the PUD Master flan shall be subject to and governed by the following conditions: A. The Developer, his successors or assignee shall provide local Ievel street lighting at all project entrances. B. The Developer, his successors or assignee shall be responsible for the payment of impact fees for both the excavation phase of the development and for the lot development at the rates and in the manner stipulated by Ordinance 92 -22. C. All entrance turning radii should be at Icast 50 feet to accommodate the larger vehicles expected in this type of development. D. Work within and improvements to S.R. 951 shall be coordinated with and permitted by the Florida Department of Transportation. The development of the PUD Master Plan shall be subject to and governed by the following conditions: Ifvt/v7.]'1GIt5 vv 01�.OTrrm 5-2 Packet Page -59- 1/28/2014 9.A. A. The Developer, his successors or assignee shall adhere to the requirements of Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal and Settlement Agreement dated July 20, 1982. B. Should the South Florida Water Management District, or any other agency, during its review process require significant changes to be made to the site plan and/or the water management facilities, Collier County reserves the right to re- review the project and have it heard by the Environmental Advisory Board. • C. A twenty (20) foot maintenance easement shall be provided to allow maintenance access to the lake. D. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The type, quantity and spacing of plants shall be submitted to Project Review Services for approval. E. 'the commercial excavation permit cannot be issued until the Planned Unit Development Petition No. PUD -92 -6 is approved by the Board of County Commissioners. 5.8 UTILITIES The development of the PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and/or sewer facilities are available to serve the project. C. The on -site water distribution system to serve the project must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: IOAl97.116p VW Otl•!?p_ NM7401400.r•n13 1� Packet Page -60- 1/28/2014 9.A. Dead end mains shall be eliminated by looping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be provided at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. The existing off -site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The existing off -site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. �11W a a e7 The development of the PUD Master Plan shall be subject to and governed by the following conditions: A. The Developer, his successors or assignee shall adhere to all requirements of the Dedication dated October 31, 1990 between Wilbur M. Christiansen. Jr. and Gary l.. Danca and Collier County as recorded in O.R. Book 1572, Pages 2253 through 2257. B. The Developer, his successors or assignee shall adhere to all applicable requirements of the Stipulation for Dismissal and Settlement Agreement dated July 30, 1982. 1 :1019110 llplab gal At such time as the Developer, his successors or assignee has prepared final construction plans (site development plans, construction plans/plat) for any phase of the proposed development, the Developer, his successors or assignee shall submit such plans to the Florida Department of Environmental Regulation, South Florida Water Management District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation for Dismissal and Settlement Agreement" dated July 20, 1982. 104M.2%xivr oil- etr.M, Hou7o014aoo.P -737) 5 -4 Packet Page -61- 1/2812014 9.A. 5.11 SUNSETTING The Commercial Earth Mining and TIRV uses are to be independently subject to the time limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that each use shall require compliance with said provision of the Land Development Code. Should either primary use fail to meet the criteria set forth for project commencement in earnest, then the entire PUD shall be subject to review under Section 2.7.3.4. n #GW".29US Va: 0114Ty �\ K4.W.W" NWI- o14MP.m3 5 -5 Packet Page -62- 1128/2014 9.A. LAYO LAAE NDIAc ll.SERYE A. M7, Ac /AERIAL -DAWZEF��)l AUTY EASEA*9,ff 42, A. 400 LO—Ts a 9 0049TY LOTS / ACFE • xC_ Packet Page -63- .c—.-.- — — —1- =I- -7� 4L EL su 111 = -i .� -1. , . s±'.. •. 1 ..� V '014 A 4 111 = -i .� -1. , . s±'.. •. 1 ..� V '014 A i� • � l.�II i`i l I 1 d= 1/28/2014 9.A. �`_"u.r..:s. -c .st a:.�rsc-...`�_.n .a.•e.�. :ar ~-"—y — - ... . _..___..._.�_... ._T�.1'�� Dr IAlL ...... ntsov. nulu. o.�iov =-t u. Packet Page -65- EXHIBIT C N,1 E._ _:.lt.... .� 1128/2014 9.A. Iwo -- - *SHERIFF SUBSTATION p • t 2 4 FIRE DEPARTMENT scale; in miles 8 SCHOOLS I. LELY ELEMENTARY SCHOOL 2. EAST NAPLES MIDDLE SCHOOL 3. LELY HIGH SCHOOL Amk Packet Page -66- ��:. � Y-- kw 506 ME L =77— 71 LAII VIE Packet Page -67- 1/28/2014 9.A. kv I �IILLL14 C—C w me D- 0')' D'< � < 0 7WX Ol IM / 7 /2014 9.A. Iq, 0 Z Z O N 5� f Z LO 1 U O J _M O N J IL 4t Z O F— H w CL ?O�*N -Ya " 19 L 6 OZ lu O �v a _ U AL we � � - ye. aavn�xps a3n,o� ass'a s� 3 ti n Packet Page o R o -68- /2014 9.A. Iq, 0 Z Z O N 5� f Z LO 1 U O J _M O N J IL 4t Z O F— H w CL ?O�*N N 1/28/2014 9.A. vae,kree"L vr"= affs .AIX *�-Tcwcpw W-ACEMU*lft W 0 A& ."-MwrmsMt As.. IOM,,.L Fwk;T-CF-W-' xw�� .1 ail Kn3ir rcnAL toTs xr= (*Iarr, 39 LOTS I ACIIE ll� 0 Packet Page -69- if= F7 �gf Yt 1/28/2014 9.A 22D a Wednesday, January 8, 2014 * N A P L E S D A I LY N E W S NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 28, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners 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: AN ORDINANCE AMENDING ORDINANCE NUMBER 97 -70, THE PELICAN LAKE PLANNED UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL VEHICLE LOT AN ACCESSORY STRUCTURE WITH UP TO 350 SQUARE FEET OF RECREATIONAL AREA FOR COOKING, LAUNDRY, STORAGE OR RECREATIONAL ACTIVITIES. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR -951) IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, CONSISTING OF 101.3 +1 - ACRES. [PUDA- PL.20130000476) 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an 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 case, written material 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of9 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County .Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, -(239) 2528380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) January 8 201 N 2011036 Packet Page -70-