Agenda 03/11/2014 Item #17B3/11/2014 17. B.
EXECUTIVE- SUIVIlMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
No. 2004 -41, as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real- property from a Rural Agricultural (A) zoning district to a Residential
Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a
clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. The subject property is
located on The Lord's Way on the east side of Collier Boulevard (CR 951) in Section 14, Township
50 South, Range 26 East, Collier County, Florida consisting of 30f acres; and by providing an
effective date. (PUDZ- PL20130000827)
OBJECTIVE: To have the Board of County Commissioners (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.
CONSIDERATIONS: This petition seeks to rezone 30f acres of vacant, undeveloped land
n zoned Rural Agricultural A to Residential Planned Unit Development gn () p (RPUD) to allow a
maximum of 75 residential dwelling units along with associated recreation and open space uses.
The PUD proposes the development of no more than 75 single - family and multi - family
residential units with a density of 2.5 dwelling units per acre. All of the buildings except for the
townhome or multi- family buildings are a maximum of two stories and will have a zoned height
of 35 feet and an actual height of 42 feet. The townhome or multi- family buildings are a
maximum of four stories and will have a zoned height of 50 feet and an actual height of 57 feet.
Ingress/egress will be from The Lord's Way which leads to Collier Boulevard (CR 951).
The Master Plan (see attachment) depicts the areas of residential development, a lake, and
traffic /pedestrian circulation. The Master Plan also shows that 18.54 acres will be residential
area, 4.31 acres will be a lake, and 3.51 acres will be preserve area In addition, the open space
requirement of 60 percent will be provided.
Landscape buffering requirements are met by a 20 -foot wide Type D right -of -way Landscape
Buffer (trees 30 feet on center) adjacent to The Lord's Way. A 20 -foot wide Type C Landscape
Buffer (a double row of trees at 25 feet on center with a 6 -foot high hedge or wall) will be
provided along the east property line. A 10 -foot wide Type A Landscape Buffer will be
provided along the west property line adjacent to vacant undeveloped Rural Agriculture (A)
zoned land. No landscape buffer is required adjacent to the preserve area along the south
property line. A deviation is being sought for a Type B Landscape Buffer that is required along
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3/11/2014 17. B.
the lake between recreational area and residential area. .(For more information, please refer to
the Deviations section of the Staff Report, see attachment.)
FISCAL IWACT: 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.
GROWTH MANAGEMENT PLAN (GMP) EWPACT: 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.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC heard petition PUDZ- PL20130000827, The Lord's Way 30 Acre Residential Planned Unit
Development (RPUD) on January 16, 2014, and by a vote of 7 to 0 recommended to forward this
petition to the BCC with a recommendation of approval subject to the following stipulations
which have been incorporated into the PUD document and Executive Summary:
1. 'Do not'include the Staff recommendation to provide pedestrian interconnections (in the
Executive Summary).
2. The Property Line setback shall be equal to the Landscape Buffers.
3. The Development Standards Table Footnote #1 shall require the full front yard setback
along the shorter street frontage.
4. Switch Deviation #4 and Deviation #5 references on the Master Plan.
5. The sidewalk language on Transportation item C shall be rewritten.
6. Exhibit A, "Permitted Uses," remove accessory uses B 3, B 4 and B 7 as it is not
necessary to list these items as accessory uses.
7. Remove Preserve Tract items A and B.
8. Incorporate the new Typical Road Section exhibit that was displayed at the CCPC
hearing into the PUD.
9. Incorporate the new Lot/Unit Layout displayed at the CCPC hearing depicting a 0 -foot
rear yard accessory setback along the Landscape Buffer Easements and the Lake
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Maintenance Easements. Add a footnote to the Development Standards Table to reflect
this 0 -foot setback.
10. Add LDC section 4.06.02.C.3 to the fence deviation on page 9 of the PUD document.
11. Provide Covenant of Unified Control document from the Owner of the property, not the
contract purchaser.
There have been. no letters of objection received. Therefore, this petition has been placed on the
Summary Agenda.
LEGAL CONSIDERATIONS: This is a site specific rezone from a Rural Agricultural (A)
Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project
to be known as The Lord's Way 30 Acre RPUD. The burden falls upon the applicant to prove
that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts
to the Board of County Commissioners (BCC), should it consider denying the rezone, to
determine that such denial would not be arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the proposal does not meet one or more of the listed criteria
below.
Criteria for RPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not
1. Consider: The suitability of the area for the type and pattern of development
�-. proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed RPUD 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.
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7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with RPUD 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 RPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested RPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ( "reasonably ") be used in
accordance with existing zoning? (a "core" question...)
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^ 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.
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 RPUD rezone on
the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the RPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by
the County Attorney's Office. This item has been approved as to form and legality, and requires
an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further
recommends that the BCC approve the request for PUDZ- PL20130000827, The Lord's Way 30
Acre Residential Planned Unit Development (RPUD) subject to the CCPC stipulations.
Prepared by: Nancy Gundlach, AICP, RLA
Planning & Zoning
Attachments: 1) Staff Report
2) RPUD Ordinance
3) Location Map
4) Master Plan
5) Application/ Environmental Documents/ TIS — go to:
http:// www .collier2ov.net/fty /ALTendaMarch 1114 /GrowthMemt/TheLords WavAonli
cation.pdf
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
3/11/2014 17. B.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Reccomendation to approve an Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real property from a Rural
Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district
to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The
Lord's Way 30 Acre RPUD. The subject property is located on The Lord's Way on the east side of
Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County,
Florida consisting of 30± acres; and by providing an effective date. (PUDZ- PL20130000827)
Meeting Date: 3/11/2014
Prepared By
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 2/14/2014 10:46:41 AM
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
Date: 2/14/2014 3:19:07 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 2/18/2014 9:10:43 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 2/26/2014 9:39:52 AM
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3/11/2014 17.B.
�. Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/26/2014 1:28:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/26/2014 2:48:54 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/27/2014 10:43:01 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/27/2014 3:02:13 PM
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TO:
FROM:
AGENDA - ITEM ! 3/11/2014 17.B.
Co ier County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
PLANNING & ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: JANUARY 16, 2014
SUBJECT: PETITION PUDZ- PL20130000827, THE LORD'S WAY 30 ACRE RPUD
(RESIDENTIAL PLANNED UNIT DEVELOPMENT)
APPLICANT:
Lord's Way 30, LLC
Mr. David Torres, Manager
3921 Prospect Avenue
Naples, Florida 34104
OWNER:
Marco Island Group LLC
206 Dudley Road
Wilton, CT 06897
REQUESTED ACTION:
AGENT:
Mr. Robert J. Mulhere, FAICP
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
The petitioner requests that the Collier County Planning Commission (CCPC) consider amending the
appropriate zoning atlas map or maps by changing the zoning classification of the herein described
real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit
Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for
a project to be known as The Lord's Way 30 Acre RPUD.
GEOGRAPHIC LOCATION:
The 30± acre subject property is located on the east side of Collier Boulevard (CR 951) and on the
south side of The Lord's Way in Section 14, Township 50 South, Range 26 East, Collier County,
Florida. (See Location Map on following page.)
PUDZ- PL20130000827, THE LORD'S WAY 30 ACRE RPUD
December 31, 2013
Page 1 of 17
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ZONED: MPUD
30' R.O.W. RESERVATION BY ADJACENT PROPERTY —
EXISTING OWNER FOR FUTURE ROADWAY EXPANSION
GRAVEL ROAD — —
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MAXIMUM PERMITTED DENSITY=
75 UNITS
LAND USE SUMMARY
DESCRIPTION
Ac.±
Pct.
RESIDENTIAL (TRACT 'R')
18.54
61.5%
ROADWAY (TRACT 'ROW')
3.73
12.4%
PRESERVE (TRACT 'P')
3.51
11.6%
LAKE (TRACT 'L')
4.31
14.4%
EASEMENT (C.U.E.)
0.04
0.1%
TOTAL
30.13
100.0%
ZONED: A
NATIVE VEGETATION & OPEN SPACE
Existing Native Vegetation = 10.93± Ac.
Required Native Preservation =
25% of Existing Native Vegetation
10.93 x 0.25 = 2.73± Acres Required Native
Vegetation Provided = 3.51± Ac.
Open Space Required - 60% 31 Gross Area
30.13 x 0.6 = 15.08± Acres Required
Open Space Provided = 18.08'— Acres
* At a Minimum
3/11/2014 17.B.
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UTILITY
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12/13/2013
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DENOTES LOCATIONS OF PUD
DEVIATIONS 1, 3 AND 5.
DEVIATION 2 WLL OCCUR
THROUGHOUT PUD AND
DEVIATION 4 MAY OCCUR IN
A TO BE DETERMINED
AMMENITIES SITE LOCATION.
950 Encore Way cHECRED BY : PROJECT Na
14M No pies, FL 34110 LORD'S WAY 30 Ac RF�W ctl.H. 20+�.� BY : CAD FU NAME
Phone: (239) 254 -2000 IRPM MASTER PLAN DRAWN JON 3D23-JFue
HOLE MONTES Florida CerHflcate of
E>II�ISfLN18lS'9A11Em Authorization No.1772 � C DATE : ExN�IT — ITE1J
OB 3 Ci
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PURPOSE/DESCRIPTION OF PROJECT:
This petition seeks to rezone 30f acres of vacant, undeveloped land zoned Rural Agricultural (A) to
Residential Planned Unit Development (RPUD) to allow a maximum of 75 residential dwelling units
along with associated recreation and open space uses.
The PUD proposes the development of no more than 75 single- family and multi - family residential
units with a density of 2.5 dwelling units per acre. All of the buildings except for the townhome or
multi - family buildings are a maximum of two stories and will have a zoned height of 35 feet and an
actual height of 42 feet. The townhome or multi - family buildings are a maximum of four stories and
will have a zoned height of 50 feet and an actual height of 57 feet. Ingress /egress will be from The
Lord's Way which leads to Collier Boulevard (CR 951).
The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential
development, a lake, and traffic /pedestrian circulation. The Master Plan also shows that 18.54 acres
will be residential area, 4.31 acres will be a lake, and 3.51 acres will be preserve area. In addition,
the open space requirement of 60 percent will be provided.
Landscape buffering requirements are met by a 20 -foot wide Type D right -of -way Landscape Buffer
(trees 30 feet on center) adjacent to The Lord's Way. A 20 -foot wide Type C Landscape Buffer (a
double row of trees at 25 feet on center with a 6 -foot high hedge or wall) will be provided along the
east property line. A 10 -foot wide Type A Landscape Buffer will be provided along the west
property line adjacent to vacant undeveloped Rural Agriculture (A) zoned land. No landscape buffer
is required adjacent to the preserve area along the south property line. A deviation is being sought
for a Type B Landscape Buffer that is required along the lake between recreational area and
residential area. (For more information, please refer to the Deviations section of this Staff Report.)
SURROUNDING LAND USE AND ZONING:
North: The Lord's Way (a roadway), then a partially developed residential rehabilitation area with a
zoning designation of First Assembly Ministries Education and Rehabilitation Campus MPUD
(Mixed -use Planned Development)
East: Swamp Buggy Grounds with a zoning designation of Hacienda Lakes MPUD
South: Undeveloped land and an FPL substation with a zoning designation of Rural Agriculture (A)
West: Undeveloped land with a zoning designation of Rural Agriculture (A)
PUDZ- PL20130000827, THE LORD'S WAY 30 ACRE RPUD
December 31, 2013
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AERIAL PHOTO
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban, Urban — Mixed
Use District, Urban Residential Fringe Subdistrict, as depicted on the Future Land Use Map (FLUM)
and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan
(GMP). Relative to this petition, the Urban Residential Fringe Subdistrict allows a residential
density of 1.5 dwelling units per acre (DU /A) and of 2.5 DU /A via use of Transfer of Development
Rights (TDR) credits — as well as associated recreational uses and essential services. TDR credits
must be obtained from Rural Fringe Mixed Use District Sending Lands located within one mile of
the Urban Residential Fringe Subdistrict. This PUD proposes the maximum eligible density of 75
dwelling units (30 acres X 2.5 DU /A = 75 DUs).
The Urban Residential Fringe Subdistrict also requires that development be fully responsible for all
necessary water management improvements, including the routing of all on -site and appropriate off -
PUDZ- PL20130000827, THE LORD'S WAY 30 ACRE RPUD
December 31, 2013
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site water through the project's water management system, and a fair share cost of necessary
improvements to the CR 951 canal/out -fall system made necessary by new development.
Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the
surrounding land area. Please refer to the Zoning and Land Development Review section of this
Staff Report for further information.
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, the following FLUE policies shall be implemented for new development and
redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text].
Objective 7:
In an effort *to support the Dover, Kohl & Partners publication, Toward Better Places: The
Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere
to the existing development character of Collier County, the following policies shall be implemented
for new development and redevelopment projects, where applicable.
Policy 7.1:
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. [Exhibit C, RPUD Master Plan,
depicts a single, direct access to The Lord's Way, leading to Collier Boulevard, classified as
arterial road in the Transportation Element.]
Policy 7.2:
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit
C, RPUD Master Plan, depicts a private roadway loop that runs around the project.]
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use
type. [Exhibit C, RPUD Master Plan, does not depict interconnections with any abutting
properties. To the north is The Lord's Way. Staff recognizes how the Florida Sports Park to
the east makes vehicular connection infeasible. A wetland preserve is along the southern
boundary - required by the South Florida Water Management District — precluding an
interconnection there. The abutting 10 -acre A -zoned property to the west does offer an
opportunity where an interconnection appears possible. However, the feasibility of a vehicular
interconnection is questionable: that 10 -acre site is limited to a maximum of 25 DUs (2.5 DU /A,
same as the subject site); the relatively small size of, and low density allowed on, the subject
site and that adjacent site limits the functional benefit of an interconnection and limits design
flexibility for either project without potential loss of one or more single family dwelling unit
sites (should the projects develop as single family).]
PUDZ- PL20130000627, THE LORD'S WAY 30 ACRE RPUD
December 31, 2013
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Policy 7.4:
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD
allows for a variety of dwelling unit types and indicates the required 60% open space will be
provided. As to "walkable communities," the applicant proposes a walkable design.
Sidewalks (5 feet wide) will be provided on both sides of the street except where abutting the
preserve, in which case a sidewalk (8 feet wide) will be provided on one side only. Exhibit C,
RPUD Master Plan, does not depict non - vehicular interconnections with any abutting
properties — even though the opportunities to do so are there — to the east and west. The lack
of pedestrian and bicycle interconnection with abutting properties introduces and fosters a
development style not encouraged by the County, and establishes closed boundaries where
future development will be unable to interconnect.]
REVIEW OF PUD DOCUMENT:
• Exhibit F, List of Developer Commitments: Add a commitment to provide non - vehicular
interconnection to the property to the east and the property to the west.
Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land
Use Element — subject to the above additions to the PUD Exhibit F.
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. Staff recommends that the subject application be found consistent
with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP).
Collier Boulevard (CR 95 1) Impacts:
Link 34.0, Collier Boulevard between Davis Boulevard and Rattlesnake Hammock, is the first
concurrency link impacted by this rezoning. The project generates a total of 81 p.m. peak hour, two -
way trips. Of those trips, 24 result in a peak direction, peak hour directional impact which results in
a 0.9 percent impact.
Conservation and Coastal Management Element (COME): Environmental review staff found
this project to be consistent with the Conservation and Coastal Management Element (CCME).
The project site consists of 10.93 acres of native vegetation; a minimum of 2.73 (25 %) acres of the
existing native vegetation shall be placed under preservation and dedicated to Collier County.
Based on the above analysis and the Staff Recommendation at the end of this Staff Report,
Comprehensive Planning staff can find the proposed rezone consistent with the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP).
ANALYSIS:
Staff 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.S.,
PUDZ- PL20130000827, THE LORD'S WAY 30 ACRE RPUD
December 31, 2013
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Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and
Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as
"Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The
CCPC uses these same criteria as the 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 has reviewed the petition and the PUD
document to address environmental concerns. The PUD Master Plan provides a 3.51 acre
Preserve, which exceeds the minimum requirement of 2.73 acres. The application information
indicated that the location of the preserve area along the south project boundary was based on the
recommendation of the U.S. Army Corps of Engineers (COE) and Environmental Protection
Agency (EPA). During the federal review process, the EPA recommended a reduction of wetland
impacts by expansion of the onsite preserve along the southern boundary to provide for further
connection to adjacent undeveloped forested wetlands to the south.
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the
Collier County Codes of Laws and Ordinances.
Transportation Review: Transportation Staff has reviewed this petition and recommends approval
subject to the Development Commitment in Exhibit F that the cost of signalization of Collier
Boulevard at The Lord's Way is shared with other developments located in the area.
Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval
subject to the Development Commitment contained in Exhibit "F" of the proposed RPUD document.
Emergency Management Review: The Emergency Management staff has reviewed the petition and
has no concerns.
Zoning and Land Development Review: The subject site is surrounded developed, undeveloped and
partially developed land. As previously stated; to the east is a parking area and race track that are
part of the Swamp Buggy Grounds. To the southwest is an FPL substation and undeveloped land.
To the west is undeveloped land. To the north is partially developed lands consisting of a lake and
roadways. The most significant impact to this proposed residential development is the Swamp
Buggy Grounds. To address the Swamp Buggy event noise, the petitioner has committed to:
A. Provide a noise disclosure to any potential resident.
B. Record a notice of proximity to the Florida Sports Park and Swamp Buggy Grounds in the
Public Records of Collier County.
C. Construct residential buildings to an ambient sound level reduction of SLR 35 decibels.
For further information regarding the Developer Commitments, see Exhibit F, List of Develper
Commitments in the PUD document.
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In addition, the petitioner is seeking a Deviation to provide additional buffering. Deviation number 1*01N
3 seeks to permit a wall greater than the allowed 6 -foot height to permit a taller wall at 8 -foot height.
For further discussion of the Deviation, see the Deviation section of this Staff Report.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners ... shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the
Planning Commission to make findings as to the PUD Master Plans' compliance with the additional
criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated
as PUD. (Staff's responses to these criteria are provided in non -bold font):
I. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the elements of the GMP.
Subject to the Staff Recommendation, the Comprehensive Planning Section has indicated that the
proposed PUD rezone is consistent with all applicable provisions of the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP).
2. The existing land use pattern.
As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the '^
zoning review analysis, the neighborhood's existing land use pattern can be characterized as
undeveloped agricultural lands, sports park lands, and residential rehabilitation lands.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The subject parcel is of sufficient size that it will not result in an isolated district unrelated to
adjacent and nearby districts. It is also comparable with expected land uses by virtue of its
consistency with the FLUE of the GMP.
As described in the Staff Report, the subject site is surrounded by the Swamp Buggy to the east;
undeveloped land and an FPL substation with an Agricultural zoning designation to the south. To the
west of the subject site is undeveloped land with an Agricultural zoning designation; to the north is a
partially developed residential rehabilitation area with a zoning designation of First Assembly
Ministries Education and Rehabilitation Campus MPUD (Mixed -use Planned Development).
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
The district boundaries are logically drawn as discussed in Items 2 and 3 above.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
r-�
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The growth and development trends, changing market conditions, specifically the development of
the site with residences, and the development of the surrounding area, support the proposed PUD.
This site is located within an area of development with a mixture of uses.
b. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change should not adversely influence living conditions in the existing neighborhood.
However, the adjacent Swamp Buggy Grounds will have an impact on the proposed residential
development. As previously noted in the Staff Report, the petitioner has made Developer
Commitments and requested Deviations that will mitigate for the noise emanating from the Swamp
Buggy Grounds.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
Evaluation of this project took into account the requirement for consistency with the applicable
policies of the Traffic Element of the GMP. The proposed development was found consistent with
those policies. Additional transportation commitments are contained in Exhibit "F" of the PUD
document.
^ 8. Whether the proposed change will create a drainage problem.
The proposed development will not create a drainage problem. Furthermore, the project 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 change will not seriously reduce light and air to adjacent areas.
10. Whether the proposed change would adversely affect property values in the adjacent area.
Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning
by itself may or may not affect values, since value determination by law is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Property to the north is partially developed and property to the east of the subject site is already
developed. The basic premise underlying all of the development standards in 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.
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12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The proposed change will not constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be developed within existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
The change suggested is not out of scale with the needs of the neighborhood or the county.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this is
not the determining factor when evaluating the appropriateness of a zoning decision. The petition
was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review
other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Any development anticipated by the PUD document would require site alteration and these
residential sites 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 the LDC regarding Adequate
Public Facilities. The project must also 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.
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1--. 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.
The petitioner will be required to comply with all county regulations regarding drainage, sewer,
water and other utilities. In addition, the commitments included in the PUD exhibit adequately
address the impacts from the proposed development.
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. Additionally, the development will be required to gain
platting and/or site development plan approval. Both processes will ensure that appropriate
stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be
provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the 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 and
the Staff Recommendation, staff is of the opinion that this petition can be found consistent with the
overall GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
As previously stated in this Staff Report, the biggest impact on compatibility with the proposed
development is the Swamp Buggy Grounds. The petitioner has adequately address the compatibility
issues through Developer Commitments and requested Deviations that will mitigate for the noise
emanating from the Swamp Buggy Grounds.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project is consistent with the provisions of the Land
Development Code.
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6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this
time, i.e., GNU consistent at the time of rezoning as evaluated as part of the GNP Transportation
Element consistency review. In addition, the project's development must comply with all other
applicable concurrency management regulations when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
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 commitments made by the petitioner
and the fact that adequate public facilities requirements will be addressed when development
approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
The petitioner is seeking 5 deviations to allow design flexibility in compliance with the purpose and
intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires
an evaluation of the extent to which development standards and deviations proposed for this PUD
depart from development_ standards that would be required for the most similar conventional zoning
district. Staff believes that the 8 deviations proposed can be supported, finding that, in compliance
with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived
without a detrimental effect on the health, safety and welfare of the community" and LDC Section
10.02.13 B.5.h., the petitioner has demonstrated that the deviations are "justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
Please refer to the Deviation Discussion below for a more extensive examination of the deviations.
Deviation Discussion: The petitioner is seeking 5 deviations from general LDC requirements and
has provided justification in support of the deviations. Staff has analyzed the deviation requests and
provides the analysis and recommendations below:
Deviation # 1 seeks relief from LDC Section 6.06.01. N. "Street System Requirements," which
requires a minimum 60 -foot right -of -way width for a local street to allow a minimum 42 foot right -
of -way width.
Petitioner's Rationale: The applicant states that the justification for this deviation is that this right -
of -way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities.
This deviation is routinely granted, particularly for small scale residential projects such as this,
where traffic volumes are low and internal traffic is limited to that directly related to the project.
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Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety and
welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that
the deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations."
Deviation # 2 Deviation 2 seeks relief from LDC Section 6.01.02.B.2, "Drainage Easements," which
requires that an easement shall be no less than 15 feet in width to allow for an easement that is no
less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no
more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards.
Petitioner's Rationale: The applicant states that the justification for this deviation is that piping of
smaller diameter and shallow burial depth can be adequately maintained within a 10 -foot wide
easement provided all installations follow OSHA and ACPA Standards. There is no objection from
County Engineering, and this deviation has been previously granted.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety and
welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that
the deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations."
Deviation # 3 seeks relief from LDC Section 5.03.02.C, Fences and Walls, which limits the fence or
wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to 13 feet in
height, (including an 8 -foot fence or wall installed on the perimeter berm, which will be between 2
and 5 feet in height).
Petitioner's Rationale: The justification for this deviation is that the berm is necessary to meet
SWFWMD permitting requirements and the wall will provide an appropriate perimeter buffer from
adjacent nonresidential land uses, including roadways, Swamp Buggy /Sports Park use, and
agricultural uses.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety and
welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that
the deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations."
Deviation # 4 seeks relief from LDC Section 6.06.02A.1., "Sidewalks, Bike Lane and Pathway
Requirements," which requires sidewalks on both sides of the street, to allow a single 8 foot -wide
sidewalk on only one side of a street where the street is adjacent to the preserve.
Petitioner's Rationale: The justification for this deviation is that where the internal loop road is
adjacent to preserve, dwelling units are located on only one side of the road. This Deviation has been
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granted in several other PUDs where this condition occurs
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety and
welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that
the deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations."
Deviation # 5 seeks relief from LDC Section 4.06.02.C.2, "Buffer Requirements," which requires a
typical Type `B" buffer width of 15 feet, to allow such buffers on the Amenity Center /Clubhouse
tract, if constructed, to be a minimum of 10 feet in width with Type `B" buffer vegetation installed.
Petitioner's Rationale: The justification for this deviation is that the deviation will allow for parking
in supported of the clubhouse facility, should one be constructed. Since the same Type `B" Buffer
vegetation can easily be provide for in the 10 foot width. Moreover, this will be a relatively small
clubhouse /amenity center site, in keeping with the relatively low density (75 dwelling units) in the
PUD. Finally, the clubhouse site, if provided, will be identified on the subdivision plat for the
project, and potential purchases of lots adjacent (2) will be aware of the clubhouse and amenity
center use.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety and
welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that
the deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations."
NEIGHBORHOOD INFORMATION MEETING (NM:
:
The agent/applicant duly noticed and held the required NIM on November 18, 2013. For further
information, please see Attachment B: "Neighborhood Information Meeting Notes."
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for Petition PUDZ- PL20130000827,
revised on December 23, 2013.
RECOMMENDATION:
Planning and Zoning Review staff recommends that the Collier County Planning Commission
forward Petition PLDZ- PL20130000827 to the Board of County Commissioners with a recom-
mendation of approval. subject to the following stipulation:
1. Add a commitment to Exhibit F List of Developer Commitments to provide non - vehicular
interconnection to the property to the east and to the property to the west.
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Attachments:
Attachment A: Proposed PUD Ordinance
Attachment B: Neighborhood Information Notes
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PREPARED BY:
)amw ftA"
NANCY G CH, AICP, PRINCIPAL PLANNER
GROWTH GEMENT DIVISION
19 *vA I 5iDA 11: "•
RAYMO V. BELLOWS, ZONING MANAGER
GROWTH MANAGEMENT DIVISION
MICHAEL BOSI, AICP, DIRECTOR
GROWTH MANAGEMENT DIVISION
APPROVED BY:
% CASALANGUIDA, ADMINIS TOR
GROWTH MANAGEMENT DIVISION
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a0z. � �0(3
DATE
lZ•l6•13
DATE
,U
DATE
DATE
3/11/2014 17.B.
ORDINANCE NO. 14-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004 -41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF `COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL
(A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 75
RESIDENTIAL DWELLING UNITS AND A CLUBHOUSE FOR A
PROJECT TO BE KNOWN AS THE LORD'S WAY 30 ACRE RPUD.
THE SUBJECT PROPERTY IS LOCATED ON THE LORD'S WAY ON
THE EAST SIDE OF COLLIER BOULEVARD (CR 951) IN SECTION
14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 30f ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. (PUDZ- PL20130000827)
WHEREAS, Robert J. Mulhere of Hole Montes, Inc. representing Lord's Way 30, LLC,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural
(A) zoning district to a Residential Planned Unit Development (RPUD) for a 30.0± acre parcel to
be known as the Lord's Way 30 Acre Planned Unit Development in accordance with Exhibits A
through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land
Development Code, is /are hereby amended accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
Lord's Way 30 Acre RPUD
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PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2014.
ATTEST:
DWIGHT E. BROCK, CLERK
By: -
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
Attachment: Exhibit A — List of Permitted Uses
Exhibit B — Development Standards
Exhibit C — Master Plan
Exhibit C -1 — ROW Section
Exhibit C -2 — Typical Lot Layout
Exhibit D - Legal Description
Exhibit E — List of Deviations
Exhibit F — List of Developer Commitments
CP\ 13- CPS- 01243\29
Lord's Way 30 Acre RPUD
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EXHIBIT A
LORD'S WAY 30 ACRE RPUD
PERMITTED USES
I . RESIDENTIAL/TRACT R
3/11/2014 17.B.
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
A. Principal Uses:
Single- family detached dwellings.
2. Single- family attached dwellings.
3. Two- family and single - family zero lot line.
4. Townhouse and multi - family.
5. A recreational building or clubhouse, with typical accessory recreational
facilities shall be permitted which serves the residents and their guests.
The location of such recreational building and facilities shall be denoted
on the first subdivision plat or Site Development Plan for the project, as
the case may be, prior to sale of any platted lots or condominium units.
6. Any other principal use, which is comparable in nature with the foregoing
listed of permitted principal uses, determined by the Board of Zoning
Appeals ( "BZA ") or the Hearing Examiner ( "HEX ") by the process
outlined in the Land Development Code ( "LDC ").
B. Accessory Uses:
Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, includine recreational facilities,
such as swimming pools and screen enclosures.
2. Essential services as set forth under Land Development Code, Section
2.01.03.
3. Guardhouses, gatehouses and access control structures.
4. Temporary construction, sales and administrative offices for the developer
and developer's authorized contractors and consultants, including
necessary access ways, parking areas, and related uses, subject to the
procedures for a temporary use permit provided in the Land Development
Code.
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2. PRESERVE/TRACT P
The minimum required native vegetation preservation is 2.73 acres (25% of 10.93 acres of
existing native vegetation). The "P" Preserve Tract provides for the preservation of 3.51
acres of native vegetation. This exceeds the minimum required amount of native vegetation
preservation by 0.78 acres.
3. MAXIMUM DWELLING UNITS
The maximum dwelling units shall be seventy -five (75) provided that 30 of the maximum
75 units are obtained through a transfer of development rights in accordance with the
requirements set forth in the LDC and GMP (Growth Management Plan).
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EXHIBIT B
LORD'S WAY 30 ACRE RPUD
Exhibit B Table I below sets forth the development standards for land uses within the RPUD Residential
Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the
Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision
plat.
DEVELOPMENT STANDARDS TABLE 1
PERIMETER PITD SETBACK: The perimeter PUD setback shall be. at a minimum, equal to the required width of perimeter landscape
buffers.
PLATTED, RESIDENTIAL OR AMENITY CENTER LOTS
DEVELOPMENT
STANDARDS
SINGLE-
FAMILY
SINGLE - FAMILY
ATTACHED
TWO - FAMILY S
SINGLE- FAMILY
ZERO LOT LINE
TOWNHOME or
MULTI-
CLUBHOUSE/
RECREATION
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
4,800 S.F. PER
UNIT
1.800
S.F. PER UNIT
4,000
S.F. PER UNIT
10,000
S.F. PER BLDG,
N/A
MINIMUM LOT WIDTH
40 FEET
30 FEET
40 FEET
N/A
N/A
MINIMUM FLOOR AREA
1,200 S.F
1,200 SY PER
UNIT
1,200 S.F. PER
UNIT
1,000 S.F. PER
UNIT
N/A
MINIMUM FRONT YARD
23 FEET
23 FEET
23 FEET
23 FEET
N/A
MINIMUM SIDE YARD
6 FEET
0 OR 6 FEET"
0 OR 6 FEET
0 or 15 FEET
20 FEET'
MINIMUM REAR YARD
10 FEET
10 FEET
10 FEET
10 FEET
15 FEET'
MINIMUM PRESERVE
SETBACK
25 FEET
25 FEET
25 FEET
25 FEET
25 FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES
12 FEET
20 FEET
12 FEET
20 FEET
12 FEET
MNMUM BUILDING
HEIGHT -ZONED
35 FEET NTE
2 STORIES
35 FEET NTE
2 STORIES
35 FEET NTE
2 S'T'ORIES
50 FEET NTE
4 STORIES
35 FEET NTE
2 STORIES
MAXIMUM BUILDING
HEIGHT - ACTUAL
42 FEET
42 FEET
42 FEET
57 FEET
42 FEET
ACCESSORY S'T'RUCTURES
FRONT
SPS
SPS
SPS
23 FEET
SPS
SIDE
SPS
SPS
SPS
SPS
SPS
REAR 4
5 FEET
5 FEET
5 FEET
5 FEET
5 FEET
PRESERVE SETBACK
10 FEET
10 FEET
10 FEET
10 FEET
10 FEET
MAXIMUM HEIGHT
ZONED & ACTUAL
NTE =Not to F.xceeri, fi P e = ¢�.
S.P.S.
o
S.P.S.
S.P.S.
S.P.S.
S.P.S.
,. Apal auu�tujc,, DLLU. = csuuumg; _square I eet: N/A = Not Applicable
General: Except as provided for herein, all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or
lot boundary lines or between structures. Condominium and /or homeowners' association boundaries shall not be utilized for determining
development standards.
Footnotes:
Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage. and a minimum 10` front
yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side entry, garages
are provided, the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk, however, in no
case shall the front setback be less than 10'.
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3/11/2014 17.B.
2 6' minimum side setbacks for single - family attached, two - family and single - family .zero lot line must be accompanied by another 6'
minimum side setback on adjoining lotto achieve minimum 12 separation. �\
3 Should an "Amenity Center /Clubhouse" be constructed, it may be partially constructed up to lake edge and a deck area may extend into
(over) the lake, in accordance with the permit requirements or limitations of the South Florida Water Management District. Should the
Amenity Center /Clubhouse be constructed up to lake edge, or contain a deck area extending (over) the lake, the normally required buffer
area and landscape plantings shall redistributed to the other buffers on the Amenity Center /Clubhouse site. Refer to Deviation No. 5.
° Rear yards adjacent to the Lake Maintenance Easement (or tract) or adjacent to a perimeter landscape buffer shall not be subject to the
rear yard accessory structure setback.
Page 4 of I I
}1:\2013\201 3023 \WP \POST CCPC\Lor(rs Way 30 Acre RPUD (PUDZ- PL20130000827) 1- 17- 2014.docx
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ZONED: MPUD
30' R.O.W. RESERVATION BY ADJACENT PROPERTY -
EXISTING OWNER FOR FUTURE ROADWAY EXPANSION
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MAXIMUM PERMITTED DENSITY= ®DENOTES LOCATIONS OF PUD
75 UNITS MMA7IONS 1, 3 AND 4.
NATIVE VEGETATION & OPEN SPACE DEYIA7ION 2 1MLL OCCUR
LAND USE SUMMARY Exicting Native vege.tatimi - 10.93r Ac. THROL6'FIOUT PUD AND
Required Native Preservation = DEVIATION 5 MAY OCCUR IN
DESCNI PTIUN Ac. • Pct n3' of Existing Native vegetation A ,� DE7ERMIN�
RESIDENTIAL (TRACT `R') 18.54 GI.S ?, 10.93 x 0.25 2.73^ Acres Required Uative
.ROADWAY (TRAC1 'ROC:') .3.73 12,41, Ve getation Provided 3,51_ Ac. * ��� �'� ��
PRESERVE (TRACT 'P'} ; 59 11 0%
Open Space Required 60 -. of Gross Area
LAKE (TRACT 'L'} 4.31 14.4 30.13 x 0,6 = 18.08- Acres Required
EASEMENT (CA.. E.} 0.04 0.11• 0pen Space Provided 18,082 Acres
TOTAL 30..13 MAY, A1. s ivawr
1lso 0 LOFM WAY 30 Ac � ` "E°`m B" PROJECT Na.
Na FL 34110 Ewa oex mo1fM7
Nyy n MASTER i STER d , N
DRAWN B1' : CAD FILE NAME:
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#�= AU"Wr WOM 110.1772 EXH 1 C DATE : oa(e(tC rrE,n
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H %2013\2013023\WP \POST CCPC\Lord's Way 30 Acre RPIJD (PUDZ- PL20130000827) 1- 17- 2014.docx
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LAKE CONTROL ELEV. -�
20' M LAKE
F-PROPERTY LINE
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PRINCIPAL STRUCTURE
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0' OR 6' FOR SINGLE FAMILY
ATTACHED, TOWNHOUSE. TWO - FAMILY
AND SINGLE FAMILY ZERO LOT LINE.
6' MIN, SIDE YARD SETBACK MUST BE
ACCOMPANIED BY ANOTHER 6' MIN.
SETBACK ON ADJOINING LOT TO
ACHIEVE MINIMUM 12' SEPARATION.
PROPERTY LINE -j
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23' MIN. FOR FRONT -ENTRY GARAGE
MAY BE REDUCED FOR SIDE ENTRY
GARAGE IF DESIGNED SO THAT A
PARKED VEHICLE WALL NOT
ENCROACH UPON THE SIDEWALK.
IN NO CASE SHALL THE FRONT
SETBACK OF A SIDE ENTRY GARAGE
BE LESS THAN 10'.
ACCESSORY STRUCTURE
(E.G. POOL)
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09/25/2013
NOT TO SCALE
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950 Encore Way
LOWS WAY 30 lc L'!WY x'91
WW
�ECKU 0Y :
PRp gCT No.
Naples, FL. 34110
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Florida Certificate of
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3/11/2014 17. B.
EXHIBIT D
LORD'S WAY 30 ACRE RPUD
LEGAL DESCRIPTION
Parcel l
The West %2 of the East %2 of the Northeast'' /4 of the Southwest' /4 of Section 14, Township 50
South, Range 26 East, Collier County, Florida.
Parcel 2
The East %2 of the East' /2 of the Northeast' /4 of the Southwest' /4 of Section 14, Township 50
South, Range 26 East, Collier County, Florida.
Parcel 3
The East '/2 of the West' /2 of the Northeast' /4 of the Southwest' /4 of Section 1.4, Township 50
South, Range 26 East, Collier County, Florida.
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3/11/2014 17. B.
EXHIBIT E
LORD'S WAY 30 ACRE RPUD
LIST OF REQUESTED DEVIATIONS FROM LDC
PRIVATE ROADWAY WIDTH
1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which
requires a 60 -foot right -of -way width, to allow that the private roadway shall have a
minimum 42 foot right -of -way width.
DRAINAGE EASEMENT WIDTH
2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which
requires that an easement shall be no less than 15 feet in width to allow for an easement
that is no less than 10 feet in width for storm drainage pipes less than 24'' in diameter and
with an invert no more than 6 feet from finished grade. All installations will follow
OSHA and ACPA Standards.
PERIMETER WALL/FENCE HEIGHT
3. Deviation No. 3 seeks relief from LDC Section 5.03.02.0 Fences and Walls and Section
4.06.02.C.3, Types of Buffers, which limit the fence or wall height to 6 feet, to allow a
perimeter wall or fence and berm in combination up to thirteen (13) feet in height,
(including an eight (8) foot fence or wall installed on the perimeter berm, which will be
between 2 and 5 feet in height).
SIDEWALKS
4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, 'Sidewalks, Bike Lane and
Pathway Requirements, which requires sidewalks on both sides of the street, to allow a
single eight (8) foot -wide sidewalk on only one side of a street where the street is
adjacent to the preserve.
AMENITY SITE LANDSCAPE BUFFERS
5. Deviation No. 5 seeks relief from LDC Section 4.06.02.C.2, Buffer Requirements, which
requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity
Center /Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type
"B" buffer vegetation installed.
Page 9 of I l
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3/11/2014 173.
EXHIBIT F
LORD'S WAY 30 ACRE RPUD
LIST OF DEVELOPER COMMITMENTS
TRANSPORTATION REQUIREMENTS
A. When the Collier Boulevard at The Lord's Way intersection at CR -951 is
signalized upon meeting warrants, the cost of the signalization of this intersection
will be shared proportionately among the Owner and other developments located
in the area (east and west of C.R.951) and at no cost to Collier County and
without road impact fee credits. These improvements are site - related
improvements and shall not be eligible for impact fee credits.
B. If at the time of application of the first plat or first Site Development Plan (SDP)
for this development, The Lord's Way along the development's frontage is not
improved to County standards for a two -lane paved local road, The Lord's Way
shall be constructed by the developer to the County's standards for a two -lane
paved local road from the eastern terminus of the existing paved The Lord's
Way to a point adjacent to the eastern property line of the development. This
shall include an eastbound right -turn lane into the development. Stormwater
management for this segment of road shall be accommodated in the stormwater
management system of this development. This shall occur prior to the issuance
of a Certificate of Occupancy (CO) for the first building permit within the
project. These improvements are site - related and shall not be eligible for impact
fee credits.
C. A 6" thick, 5 -foot wide concrete sidewalk shall be installed on the south side of
The Lord's Way along the frontage of the development prior to the issuance of the
first CO for any residential building permit within the project.
2. UTILITY REQUIREMENTS
A. The development shall be subject to application for and conditions associated
with a water and sewer availability letter from Collier County Utilities Division.
3. PLANNING
A. The developer, it successor or assignee, shall provide to any potential resident a
disclosure statement with respect to the noise that is associated with the Swamp
Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the
Florida Sports Park (within the Hacienda Lakes RPUD) as it relates to the
location of this RPUD. The statement shall disclose that the Florida Sports Park
and Swamp Buggy operations regularly generate noise which may be heard on the
Lord's Way 30 Acre PUD property, both during the day and into the evening,
including but not limited to, noise from swamp buggy racing, tractor pulls,
festivals, and music concerts. This statement must be presented to the buyer prior
to entering into any sales contract.
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3/11/2014 17.B.
B. Within 120 days of approval of this PUD, Owner shall record in the public
records of Collier County a notice of proximity to the Florida Sports Park and
Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and
Swamp Buggy operations regularly generate noise which can be heard on the
PUD property, both during the day and into the evening, including but not limited
to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts.
The legal description of the PUD shall be attached to the notice.
C. The eastern boundary of the RPUD shall be landscaped in accordance with the
requirements for a Type C buffer.
D. All residential buildings shall be constructed in a manner to provide an exterior
ambient sound level reduction of SLR 35 decibels, consistent with the provisions
of LDC Subsection 4.02.06.N.6.g.
4. PUD MONITORING
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close -out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close -out of the PUD. At the time of this
PUD approval, the Managing Entity is Lord's .Way 30, LLC. Should the
Managing Entity desire to transfer the monitoring and commitments to a
successor entity, then it must provide a copy of a legally binding document that
needs to be approved for legal sufficiency by the County Attorney. After such
approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity
shall provide written notice to County that includes an acknowledgement of the
commitments required by the PUD by the new owner and the new owner's
agreement to comply with the Commitments through the Managing Entity, but the
Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed -out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
5. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS
(TDR) CREDITS
A. A density calculation and TDR Credit tracking sheet shall be submitted with each
Site Development Plan (SDP) and /or plat for the redemption of TDR Credits
needed for the project
Page 1 l of 11
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MAXIMUM PERMITTED DENSITY= DEVIATIONS 1, 3 AND 4.
i 75 UNITS NATIVE VEGETATION & OPEN SPACE DEVIATION 2 WILL OCCUR
j LAND USE SUMMARY Existing Native vegetation = 10.93± Ac. THROUGHOUT PUD AND
Required Native Preservation = DEVIATION S MAY OCCUR IN
N DESCRIPTION Ac.± Pct. 254 of Existing Native Vegetation
to RESIDENTIAL (TRACT 'R') 18.54 61.54 10.93 x 0.25 = 2.73± Acres Required Native A TO BE DETERMINED
N ROADWAY (TRACT 'ROW') 3.73 12.44 vegetation Provided = 3.51± Ac, AMENITIES SITE LOCATION.
/ PRESERVE (TRACT 'P') 3.51 11.64 Open Space Required = 604 of Gross Area
LAKE (TRACT 'L') 4.31 14.44 30.13 x 0.6 = 18.08± Acres Required
N EASEMENT (C.U.E.) 0.04 0.14 Open Space Provided = 18.08± Acres +�
/ TOTAL 30.13 100.04 is At a minimum
950 Encore Way CHECKED BY : PROJECT No.
Naples, FL 34110 LORD'S WAY 30 AC RPUD G.H.H. 2013.023
RPID MASTER PLAN DRAWN BY : CAD PILE NAME:
Phone: 239 254 -2000 ,loN 3023-MD
WMS Florida Certificate of DATE : —
sown ZS IKM Authorization N- EXFOW C 3 EXHIBIT C ITEM
Packet Page -1270-
3/11/2014 17.B.
28D D Wednesday, February 19, 2014 i) N A P L E S D A I LY N E W S
! :NOTICE -OF:MEETINGLj NOTICE OF A
Notice is hereby given that on TUESDAY, jMarch 11, 2014, in the Boardroom, 3rd
Floor, Administration Building, Collier Bounty Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a Courrty Ordinance. The meeting will commence at 9:00 A.M. The
title of1he proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF C UNTY COMMISSIONERS 'OF COLLIER
CUUNI'Y, FLORIDA, AMENDING ORDINA CE NO, 2004 -41, AS AMENDED, THE
COI.LIFI't COUNTY LAND DEVELOPMEN f CODE, WHICH ESTABLISHED THE
C�OM 1- ,FIIENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLULk COUNTY, FLORIDA, BY AMEND IJG THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZO ING -CLASSIFICATION OF TINE HEREIN
DESCRIBED REAL PROPERTY FROM A RUR L AGRICULTURAL (A) ZONING DISTRICT
TO A RESIDENTIAL PLANNED UNIT DEVE OPMENT (RPUD) ZONING DISTRICT TO
ALLOW UP TO 75 RESIDENTIAL DWELLI G UNITS AND A CLUBHOUSE FOR A
PROJECT TO BE KNOWN AS THE LORD S WAY 30 ACRE RPUD. THE SUBJECT
PROPERTY IS LOCATED ON THE LORD'S WAY ON THE EAST SIDE OF COLLIER
BOULEVARD (CR 951) IN SECTION 14, T WNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING F 30+ /- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. (PUDZ- PL.20130000627)
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 or anization 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 graphiff 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 mat naffs intended to be considered by the
Board shall be submitted to the appropriate County staff a minimurn 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 decisi n of the Board will need a record of the
proceedings pertaining thereto and theref re, may need to ensure that a verbatim
record of the proceedings is .made, wh ch record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability wf
participate in this proceeding, you are er
of certain assistance. Please contact tf
Department, located at 3335 Tamiami Tra
(239)252 -8380. Assisted listening devices 1
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
needs any accommodation in order to
led, at no cost to you, to the provision
Collier County Facilities Management
IEast,' Building W, Naples, Florida 34112,
r the hearing impaired are available in
(SEAL)
_February, 19. 2014 No 015860
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