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Agenda 03/25/2014 Item #17A 3/25/2014 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Resolution Number R-73-22-C which established the Naples Bath and Tennis Club Planned Unit Development, as amended by Ordinance Numbers 74-47, 75-48, 81-61 and 10-05, to allow construction of a single family dwelling unit within Tract B, Recreational Club Development and to allow sports instructional schools and camps as a principal use and a private school accessory to a sports instructional school as an accessory use within Tract B, Recreational Club Development; and further providing for Development Standards and adoption of Exhibit E-1, Location Map for Single Family Home within Tract B. The subject property is located on Airport Road, south of Pine Ridge Road in Section 14,Township 49 South,Range 25 East, Collier County, Florida; and by providing an effective date. [PUDA-PL201300001751 OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is asking the BCC to consider an application for an amendment to the existing PUD zoned project to allow development of one additional single family home in Tract B, and add sports instructional schools and camps as a principal use and a private school accessory to a sports instructional school as an accessory use within Tract B. For details about the project proposal, refer to "Purpose/Description of Project" in the staff report prepared for the Collier County Planning Commission(CCPC). FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP)IMPACT: Future Land Use Element(FLUE): Staff found the proposed Planned Unit Development Amendment to be deemed consistent with the Future Land Use Element. See the Collier County Planning Commission staff report for further analysis. Packet Page-1676- 3/25/2014 17.A. 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 specified planning period (through 2020). Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on February 6, 2014, and found that the criteria of Section 10.02.08.F (formerly 10.03.05.I) and 10.02.13.B.5 were met. By a vote of 7 to 0, with the motion made by Commissioner Roman and seconded by Commissioner Doyle, the CCPC recommended forwarding this petition to the BCC with a recommendation of approval subject to the following changes to the PUD document: 1. Clarify the Recreational club, sports instructions school is limited to a tennis academy and fitness facility (Section 4.3.A.l) ; and 2. Remove the duplicate listing of a private school accessory to an approved sports school (Sections 4.3.B.1 and 4); and 3. Exclude the single family dwelling in Tract B from the condominium associations (Section 8.1); and 4. Clarify that development regulations shall be those in effect when permits are sought (Section 9.2). These revisions have been incorporated into the PUD document that is included in the draft ordinance. No correspondence in opposition to this petition has been submitted and no one spoke at the CCPC hearing voicing opposition to the proposed amendment or portions of it. The CCPC vote was unanimous; therefore the petition can be placed on the Summary Agenda. Packet Page-1677- 3/25/2014 17.A. LEGAL CONSIDERATIONS: This is an amendment to the existing Naples Bath and Tennis PUD (Resolution No. R-73-22-C as amended by Ordinance No. 74-47, as amended) which proposes various changes in the PUD as described in the Considerations section of this Executive Summary. 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 PUB Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 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. Packet Page-1678- 3/25/2014 17.A. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 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-1679- 3/25/2014 17.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 rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the staff report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the BCC approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) CCPC staff report 2) Application Backup Information due to the size of the document it is accessible at: http://www.colliergov.net/ftp/Ap,endaMar2514/GrowthM gmt/ApplicationNaplesBathandTenni s. 3) Ordinance Packet Page-1680- 3/25/2014 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Resolution Number R-73-22-C which established the Naples Bath and Tennis Club Planned Unit Development, as amended by Ordinance Numbers 74-47, 75-48, 81- 61 and 10-05,to allow construction of a single family dwelling unit within Tract B, Recreational Club Development and to allow sports instructional schools and camps as a principal use and a private school accessory to a sports instructional school as an accessory use within Tract B, Recreational Club Development; and further providing for Development Standards and adoption of Exhibit E-1, Location Map for Single Family Home within Tract B. The subject property is located on Airport Road, south of Pine Ridge Road in Section 14, Township 49 South, Range 25 East, Collier County, Florida; and by providing an effective date. [PUDA- PL20130000175] Meeting Date: 3/25/2014 Prepared By Name: DeselemKay Title:Planner, Principal,Zoning&Land Development Review 2/14/2014 4:32:50 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 2/24/2014 3:26:37 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 2/25/2014 9:17:26 AM Name: BellowsRay Title:Manager-Planning, Comprehensive Planning Date: 2/25/2014 5:45:12 PM Packet Page-1681- 3/25/2014 17.A. Name: AshtonHeidi Title:Managing Assistant County Attorney,CAO Land Use/Transportation Date: 2/26/2014 9:42:58 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/27/2014 11:08:35 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/28/2014 3:31:40 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 3/4/2014 12:50:40 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/14/2014 2:47:28 PM Packet Page-1682- 3/25/2014 17.A. AGENDA ITEM 9-B C o er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: FEBRUARY 6, 2014 SUBJECT: PUDZ-A-PL20130000175–NAPLES BATH AND TENNIS CLUB PUD PROPERTY OWNER& APPLICANT/AGENT: Applicant/Owner: Agent: Rigby Enterprises,LLC Robert J. Mulhere FAICP c/o Emilio Sanchez Director of Planning 4995 Airport Road North 950 Encore Way Naples, FL 34105 Hole Montes Naples,FL 34110 NOTE: Rigby Enterprises, LLC owns Tract B wherein the amendment is to be applicable. Many other property owners and associations own or otherwise control property within the overall Naples Bath and Tennis Club PUD. REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project to allow development of one additional single family home in Tract B, and add sports instructional schools and camps as a principal use and a private school accessory to a sports instructional school as an accessory use within Tract B. GEOGRAPHIC LOCATION: The Naples Bath and Tennis Club is located on the west side of Airport-Pulling Road (CR 31), between Pine Ridge Road (CR 896) and Golden Gate Parkway (CR 886) in Section 14, Township 49S, Range 25E, Collier County, Florida (See the map on next page for details.) PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 1 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page -1683- 3/25/2014 17.A. © lAilvig 9111 ____. o 0 1004© oho ' � W � rn : ddo©d a of a , 1p a 0 OVOa ONllfla taoaaly T v._ _ g� ryry : r 4i A N 1:01: pet] L.L. 111fr . : .. :..., . ..r..: .... r1/4.:: ::„. .: ,p,...:„.k,:::::::::::,:::: :::::: : , : :: : ::;:::::ii,iiii::::: ,::: ii:i • it.,,* . 15 , ,ii*i.i:ilii,;Iii■ : : /.1::,:, ' ' 4 ''...: ' ' -—— : :i:::_::::44,_ ,,:s Ilhigt*H --0. - I o • .41,ws00011 -.. x1: D Nip. ,::::::: :,:,:tta,:it:„:,,, :„,„,.,... ,,..........,... .• ., :::,...:::::::::,::i:::::::51:1:1i;!:!::::.. A,:::::::ii:111 :::!i::::!!::::il ov,,,,, t.:JAH: , . ..., s„. , ,. 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N 4:..7 •• '•i.i ' :.::• •�aaa •.a• s Cl 1 4 -.1.:.1.:::::::::.:014:;::%.\.... a a ' , • a °a o a aa•• a•.....a° .a • a v O �h • ••+••°.+• a a a°a • • a O A N.:::•44.:.:.:..:.:.:;.1.::::::••:::.:41.:.:.::.;.;.:.:.,14.a•-.• 0 •'aa A .•::::1:.:.:.:::. �' a+°•°aaaa•°• ■ 1 4• D. • <'•'n• '•••+�:a••aa+.•+• (fir.•• ' aaaa. e•a•e••+•• • W >' •aaaa !°i•i•i'e c"— Q. a°s•a' a�a•ea< ll : '..1,..N.°•°aaaa ••.+• ■ •'°°° e7 . i 3/25/2014 17.A. PURPOSE/DESCRIPTION OF PROJECT: The mostly developed subject property is currently zoned PUD by virtue of Ordinance Number 81- 61. That ordinance approved 516 units in Tracts A and C, and a recreational tract in Tract B on 153±total acres. Single-family, multi-family and tennis recreational uses were approved. Tract A was approved for a maximum of 423 multi-family units. Buildings in Tract A are allowed a maximum height of 30 feet/3 stories. Tract B was approved for tennis courts and other recreational facilities along with a clubhouse and transient lodging units. Tract C was approved for a maximum of 93 single family units and Tract C was approved for lots with a minimum lot area of 10,000 square feet, and a maximum height of 30 feet/2 stories. An amendment was approved in 2010 (Ordinance # 10-05) that allowed the petitioner to change the approval process needed to develop the transient lodging units. As noted on page 1, the applicant in this current request seeks to add one single-family home to Tract B, add sports instructional schools and camps as a principal use, and add a private school accessory to a sports instructional school as an accessory use within Tract B. Property development regulations are proposed for the single family home, and limitations are proposed for the school. The applicant is not seeking any deviations. SURROUNDING LAND USE AND ZONING: (see Aerial photo provided on page 3) North: Pine Ridge Shopping Center, rezoned as the Falls of Naples PUD, and multi-family units of the Quail Run Golf Club with zoning designations of RMF-16 and Golf Course(GC) East: Airport-Pulling Road, then Carillion Shopping Center with a zoning designation of PUD (Carillon PUD); and the Banyan Woods residential project, with a zoning designation of PUD (Meadowbrook PUD with a density of 6.0 units per acre); and the Timberwood residential project, with a zoning designation of PUD (Timberwood PUD with a density of 6.05 units per acre) South: Pinewoods, a developed, single-family and multi-family development with a zoning designation of RMF-16 West: Multi-family units within the Quail Run Golf Club with zoning designations of RMF-16 and GC PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 2 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page -1687- 3/25/2014 17.A. ;c1., 744:***. :i :if, ,. p; 'We.,,4,,, .,,"', 4";, . 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'n'vlf.Jl ir -h.+rkit �f. .. k•@°0. ., ,_ Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DU/A). This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. The eligible project density per the Density Rating System of the FLUE is 4 DU/A or 615 dwelling units (Base Density of 4 du/a x 153.70 ac. = 614.8 or 615 dwelling units), based on the total PUD acreage. However, if the Recreational Club Tract, which allows transient lodging use, is subtracted, the eligible Base Density of 4 DU/A yields 534 dwelling units (153.70 total PUD acreage — 20.30 Tract B acreage = 133.40 acres). The proposed amendment is to allow 517 dwelling units. This PUD • essentially built-out. Therefore, analysis of Objective 7 Polices—pertaining to a mix of uses,project interconnections, sidewalks, etc.—is not provided. PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 3 of 12 February 6,2014CCPC Revised: 1/21114 Packet Page-1688- 3/25/2014 17.A. Based on the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the GMP. 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 Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan and recommends approval. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a fmding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A fmding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5,Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: There are no proposed changes or proposed impacts to the previously approved preserve locations as shown on the PUD master plan. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 4 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1689- 3/25/2014 17.A. uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. P"' jw 11q A a i le of 1 t — hr ' - o �6 A.`..,-, . -,,.. ., "" y.4" .. 5'`$o!'X44• '4: 7 H ya.f.x i °'-, ePi • .q '44'''''',.* !" . ♦ �p ifh` t 41Z -• 't 1"i .v. 4' I' 1. t, f YT; yy�F '.mo�ao,, i .J �4'..,Y;4W^ .914 L• Excerpt from Applicant's Aerial Photo showing proposed development area f 1 I l f I I I ( `1 et y I`n Ob '. I ' I ■ T I y I r,� ` dp,2,Yy 3 � V I I d • \> n< H ) ' I .'Z ,p �"y\,-0 ''b II T f o \,5'../ I I l7g d4'd I I Z � ,l : .4. ,.., ) N1 L'IN"?N - N tl We N( (4Y 9Ni NYJ'/�y Nl J COl 1f.3" ..---- .-- 1 - \ W w a� W � I -V I0tHi "h 7.---'\ '4 F 1 �b fa a � a - Excerpt from 81061 Ordinance Master Plan PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 5 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1690- 3/25/2014 17.A. As noted on Page 2, single-family, multi-family and tennis recreational uses were approved. Tract A was approved for a maximum of 423 multi-family units. Buildings in Tract A are allowed a maximum height of 30 feet/3 stories. Tract B was approved for tenths courts and other recreational facilities along with a clubhouse and transient lodging units. Tract C was approved for a maximum of 93 single family units and Tract C was approved for lots with a minimum lot area of 10,000 square feet, and a maximum height of 30 feet/2 stories. The Tract B subject property is surrounded on all sides by other areas of the PUD. As shown on the excerpts above, the portions of tract B where the single-family home is to be located are separated from any other residential units in Tract A by common areas of Tract D. The proposed property development regulations for the new single-family home indicate there will be a 30 foot setback to Clubhouse Drive and a 5 foot setback to the common areas. That common area setback is the same for Tract A uses. The new home is proposed to have a 35 foot maximum zoned height and an actual maximum height of 40 feet. That height, given the common areas that surround the home site should allow this taller structure to be compatible with the other residential structures that are limited to three stories or 30 feet in height. The proposed sports instructional schools and camps and private school accessory to a sports instructional school uses already existing in Tract B. The uses appear to have evolved over time from the permitted principal clubhouse and tenths courts use for use of the residents, into a tennis club and school for non-residents. The use does not appear to create any incompatibility issue. No complaints registered with Code Enforcement; the residential who appeared at the Neighborhood Information Meeting spoke overwhelming in support of the school's continued use. The overall project as well as the proposed change of uses are compatible with the surrounding area based upon the placement of required landscape buffers, lakes, and preserve areas. The proposed development area is clustered within the central portion of the site to avoid impacts to adjacent parcels. Zoning staff recommends that this petition be found compatible with, and complementary to, the surrounding land uses, pursuant to the requirement of FLUE Policy 5.4. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the proposed uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 6 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1691- 3/25/2014 17.A. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the undeveloped portions of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. The proposed changes in use should not create any incompatibility issues, and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. (See zoning analysis for more details.) S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 7 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1692- 3/25/2014 17.A. The area has adequate supporting infrastructure such as road capacity,wastewater disposal system, and potable water supplies to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking any deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 8 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page -1693- 3/25/2014 17.A. develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, and the height restrictions and setbacks will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed PUD amendment should not be a deterrent to the improvement of adjacent properties. PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 9 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1694- 3/25/2014 17.A. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 10 of 12 February 6,2014CCPC Revised: 1/21114 Packet Page-1695- 3/25/2014 17.A. as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agents conducted a duly noticed NIM on November 19, 2013, at Sanchez-Casal Clubhouse, in Naples Bath and Tennis Club. Please see the attached NIM synopsis and Question and Answer sheets provided by the agent. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on January 17, 2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-PL20130000175 to the BCC with a recommendation of approval PUDZ-A-PL20130000175—NAPLES BATH AND TENNIS CLUB PUD Page 11 of 12 February 6,2014CCPC Revised: 1/21/14 Packet Page-1696- 3/25/2014 17.A. PREPARED BY: KA DSbozzipm,i l/(`{ I q ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: (7 6t*Ilni I(4- RA OND V. BELLOWS,ZONING MANAGER DATE DEP TMENT OF PLANNING AND ZONING MIKE BOSI, AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: >► ASALAN l ID A - -' ISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 25, 2014 Board of County Commissioners Meeting PUDZ-A-PL201 300001 75—NAPLES BATH AND TENNIS CLUB PUD Page 12 of 12 February 6,2014CCPC Revised: 1/13/14 Packet Page -1697- 3/25/2014 17.A. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RESOLUTION NUMBER R-73-22-C WHICH ESTABLISHED THE NAPLES BATH AND TENNIS CLUB PLANNED UNIT DEVELOPMENT, AS AMENDED BY ORDINANCE NUMBERS 74-47, 75-48, 81-61 AND 10-05,TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING UNIT WITHIN TRACT B, RECREATIONAL CLUB DEVELOPMENT AND TO ALLOW SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AS A PRINCIPAL USE AND A PRIVATE SCHOOL ACCESSORY TO A SPORTS INSTRUCTIONAL SCHOOL AS AN ACCESSORY USE WITHIN TRACT B, RECREATIONAL CLUB DEVELOPMENT; AND FURTHER PROVIDING FOR DEVELOPMENT STANDARDS AND ADOPTION OF EXHIBIT E-1, LOCATION MAP FOR SINGLE FAMILY HOME WITHIN TRACT B. THE SUBJECT PROPERTY IS LOCATED ON AIRPORT ROAD, SOUTH OF PINE RIDGE ROAD IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. IPUDA- PL201300001751 WHEREAS, Robert J. Mulhere of Hole Montes, Inc. representing Rigby Enterprises, LLC. petitioned the Board of County Commissioners to amend the Naples Bath and Tennis Club PIanned Unit Development. NOW THEREFORE, BE IT ORDAINED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to RPUD Document, The RPUD Document, attached as Exhibit "A" to Ordinance No. 81-61, as amended and restated, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit `'A" and incorporated herein by reference. SECTION TWO: Effective Date, This Ordinance shall become effective upon filing, with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2014. Naples Bath&Tennis TPUDA-PL20130000175 1 of 2 Rev,2/18'14 Packet Page -1698- 3/25/2014 17.A. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A— Amended and Restated RPUD Document Exhibit E-1 —Location of Single Family Home within Recreational Club Development Tract B CP\13-CPS-01240\36 Naples Bath&Tennis\PUDA-PL20130000175 2 of 2 Rev.2/1814 Packet Page -1699- 3/25/2014 17.A. DEVELOPMENT PLAN FOR NAPLES BATH &TENNIS CLUB COLLIER COUNTY,FLORIDA A PLANNED UNIT DEVELOPMENT BY: NAPLES BATH&TENNIS CLUB,INC. NAPLES,FLORIDA ADOPTED MARCH 1973 1s1.Revision November 1974 2nd. Revision August 1975 3rd. Revision August 1981 4th Revision June 1996(by resolution of Collier County Planning Commission) 5th Revision February 2010 6`h Revision. 2014* ENGINEERS WILSON,MILLER, BARTON, SOLL &PEEK, INC. 1383 Airport Road North Naples, Florida 33942 _ _ 00 PP • _ . •■■• ••• EXHIBIT"A" C--C-W-T-A4NING 31 PAGES 2009 Amendment Prepared For: TENNIS REALTY, LLC B-Y+ Michael R. Fernandez, AICP Of Planning-Development Incorporated- 5.133 Castello Drive, Suite 2,Naples, Florida 31103 239.263.69311239.263.6981 fax DOCUMENT DATE: JULY 17, 2009 *Robert 3. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Page 1 of 27 r, Words underlined are additions;words stwielt-through arc deletions. 14:\2012 V2012101\WV\POD Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-20I3).doex Packet Page-1700- 3/25/2014 17.A. INDEX STATEMENT OF INTENT INDEX LIST OF EXHIBITS PROPERTY OWNERSHIP AND DESCRIPTION SECTION I PROJECT DEVELOPMENT SECTION II TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION III TRACT 13: RECREATIONAL-CLUB DEVELOPMENT SECTION IV TRACT C: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT SECTION V TRACT D: COMMONS AREA"I"DEVELOPMENT SECTION VI TRACT E: COMMONS AREA"P"DEVELOPMENT SECTION VII OWNERSHIP, OPERATION AND MAINTENANCE SECTION VIII DEVELOPMENT STANDARDS SECTION IX REFERENCES APPENDIX A. PROPOSED DEVELOPMENT SCHEDULE B. OWNERSHIP STRUCTURE DIAGRAM EXHIBITS Page 2 of 27 Words underlined are additions;words etnaelE-titrotth are deletions. H:\2012\2012I0I1WP\PUD Amendment\CCPC1CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-20I3).docx Packet Page-1701- 3/25/2014 17.A. LIST OF EXHIBITS Exhibit A Evidence of Agent Assignment Naples Bath and Tennis Club February 23, 1973 Letter to Collier County Commission Exhibit B Evidence of Unified Control of Property Trustee's Deed recorded January 8, 1973. Official Record Book 497,Pages 188, 188A Exhibit C Project General Location and Surrounding Land Uses Wilson, Miller, Barton& So11, Inc.,Naples,Florida, Drawing;File No.4G-1.23, Sept. 1972. Revised February 21, 1973. Exhibit D Topographic Survey Wilson,Miller,Barton&Soil,Inc.,Naples,Florida, Drawing; File No.40-121, Sheets 1 and 2, Sept. 1972. Exhibit E Plot Plan of Development Wilson,Miller,Barton & Soli,Inc.,Naples,Florida, Drawing; File No. 5G-30,March 1973. Exhibit E-1 Location of Single-Family Home within Recreational Club Development Tract `E3' Exhibit F Conceptual Plan of Development Wilson,Miller,Barton & SoII,Inc.,Naples,Florida, Drawing; File No. 5G-31,March 1973. Page 3 of 27 Words underlined are additions;words auvelt-thFuttgli arc deletions. H:\2012\2012101\WP\PUD Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA P1..-2013-0000175(2-21-2013).docx Packet Page -1702- 3/25/2014 17.A. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of the Naples Bath and Tennis Club. 1.2 LEGAL DESCRIPTION The subject property,being 153.7 acres, is described as: The South 1/2 of the Northeast t/and the North Y2 of The Southeast 1/4 , Section 14,Township 49 South, Range 25 East, less the State Road S-31 Right-of-Way, in Collier County,Florida. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Naples Bath and Tennis Club, Ltd., an Ohio limited partnership, of 395 Thirteenth Avenue South, Naples, Florida. Evidence of unified control of the property is set forth in Exhibit"B",Trustee's Deed. The owner of Tract B is Ruby Enterprises. LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. Exhibit "C" illustrates the general location of the property, the current zoning classification of surrounding properties, and adjacent land developments. A list of the current owners of adjacent properties was furnished as part of the "Application for Public Hearing",Reference No. 3. B. Generally, the property is bounded on the east by Florida State Road S-31, a two- laned paved rural highway and on the west by recreational oriented developments. Royal Poinciana Golf Club is an existing high quality golf and country club. Forest Lakes Estates is a residential — golf course community currently under construction. Adjacent properties denoted on Exhibit "C" as A-1 zone classification are currently undeveloped. C. The current zone classification of the subject property is A-1, Agricultural District. The property lies within Collier County Water-Sewer District "B" and Collier County Water Management District 7. Page 4 of 27 Words underlined are additions;words Amok-through are deletions. H:`2012\2012101\WP\MD Amendment\CCPC\CCPC Revision&\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-2013).doex Packet Page -1703- 3/25/2014 17.A. 1.5 PHYSICAL DESCRIPTION The subject property lies on the eastern slope of the Gordon River Basin, which drains north to south into the Bay of Naples. The property drains generally in a southwesterly direction from an approximate average elevation of 9.5 feet Mean Sea Level along the northeast and east boundaries to an extreme low elevation of 6.0 feet M.S.L. in a small cypress head located in the southwest corner of the property. The average elevation of the property is approximately 9.0 feet Mean Sea Level. Existing surface elevations of the property are illustrated in Exhibit"D",Topographic Survey. Upland surface drainage on to the property is very limited. State Road S-31 along the east boundary of the property and Pine Ridge Road which lies approximately 1,300 feet north of and parallel to the north property line act as physical ridges preventing upland surface flows into the area. Pertinent drainage features of the immediate area arc illustrated in Exhibit"F",Conceptual Plan of Development. The property is currently heavily covered with second growth pines with a few scattered small clusters of cypress trees. Undergrowth generally consists of grasses and scattered patches of palmetto. According to Soil Conservation Service soil survey maps of the area soils of this property area include Keri fine sands and Ochopee fine sandy marls. Page 5 of 27 Words underlined are additions;words st ele-t1wough are deletions. I1:\2012120I21011WMPUI)Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000375(2-21-20I3).docx Packet Page -1704- 3/25/2014 17.A. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to set forth and generally described the project plan of development, the respective land-use Tracts included within the project, and general base project criteria for the Naples Bath&Tennis Club. 2.2 GENERAL A. Regulations for development of the Naples Bath & Tennis Club shall be in accordance with the contents of this document, Section 11.31 PUD Planned Unit Development District and other applicable Sections and parts of the "Collier County Zoning Regulations",Reference No. 1. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the"Collier County Zoning Regulations",Reference No. 1. 2.3 PROJECT PLAN AND LAND-USE TRACTS A. The project plot plan including street layout and land-use Tracts is illustrated in Exhibit "E", Plot Plan of Development. The project shall consist of five land-use Tracts of general area and configuration as shown in Exhibit"E": 1. Tract A: Multi-family Residential (±) 36.2 Acres 2. Tract B: Recreational Club (±) 20.3 Acres 3. Tract C: Single Family Residential (±) 32.9 Acres 4. Tract D: Commons Area"i"(Interior) (±) 38.9 Acres 5. Tract E: Commons Area"P"(Perimeter) (±) 25.4 Acres Total Area (±) 153.7 Acres B. Transient lodging units accessory to the main Clubhouse facility shall be constructed in Tract B Recreational Club area. C. Areas illustrated as "Lakes" in Exhibit "E" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown in Exhibit"E". D. In addition to the various areas and specific items shown in Exhibit "E", such easements (utility, private, semi-public, etc.) shall be established within or along the various land-use Tracts as may be necessary or deemed desirable for the service, function,or convenience of the project inhabitants. Page 6 of 27 Words underlined are additions;words • ot+gl+are deletions. H:1201212012 t 014WP\PUD Amendment\CCPCtCCPC Revisions'Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-20 f 3).doex Packet Page-1705- 3/25/2014 17.A. 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 516 517 permanent residential units, single family and multi-family, shall be constructed in the total project area. This maximum unit criterion shall take precedence over all other maximum unit criteria stated elsewhere in this document for respective land-use Tracts. 2.5 DEVELOPMENT SEQUENCE AND SCHEDULE A. The sequence of project development shall be as follows: Project Phase No. 1 - Clubhouse, Commons area, recreational areas and multi-family areas in (f) Southeast 1/4 of project site; Project Phase No. 2- Commons area,single family lots in (±) Southwest 1/4 of project site; Project Phase No. 3 - Commons area, single family lots, Multi-family areas in(±)Northwest 14 of project site; Project Phase No.4- Commons area,recreational areas and Multi-family areas in (E)Northeast of V4 project site. B. The tentative schedule of development,as of this date is set forth in Appendix A of this document. 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the issuance of a building permit for Project Phase construction, final and complete construction plans shall receive the approval of the County Planning Director to insure compliance with the Development Plan. Project Phase plans shall include, but are not limited to, all proposed improvements in all common areas including landscaping and architectural amenities, underground utilities in land-use Tracts, and clearing and earthwork construction for all areas of the respective Phase. Page 7 of 27 Words itndcrlined ate additions;words at!aek-dough are deletions. H: l2t2012101\WP\PU17 Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA PL.-2013-0000175(2-21-2013).doex Packet Page-1706- 3/25/2014 17.A. SECTION III TRACT A:MULTI-FAMILY RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to set forth the development plan and regulations for the area designated as Tract A, Multi-family residential on the Plot Plan of Development, Exhibit"E". 3.2 MAXIMUM DENSITY No more than a maximum number of 423 residential units shall be constructed in Tract A. 3.3 DEVELOPMENT PLAN A. Tract A shall be developed on a basis of seven condominium parcels of general area and configuration as shown in Exhibit "E". Multi-family condominium parcels are shown as MP Condominium Parcels A through I in Exhibit"E". B. The maximum number of residential units allowable for each Condominium Parcel shall be directly proportional to the percentage of useable area in the respective parcel to the total useable area in Tract A. "Useable area" shall be understood to include all areas in Tract A or respective Condominium Parcel less those areas in Tract A or respective Condominium Parcel designated as lakes in Exhibit"E". C. Condominium Parcel areas and the distribution of residential units are tabulated on Exhibit "E". Condominium Parcel areas, dimensions and configurations may be varied subject to the approval of the County Planning Director provided that such variations would not constitute a net encroachment of the Commons Areas. D. Each Condominium Parcel shall be provided with pedestrian access to Commons Areas "I" and "P" either directly or via legal easements across other parcels or Tracts within the project. 3.4 USES PERMITTED No building or structure, or part thereof, shall be erected,altered or used, or land or water used, in whole or in part,for other than the following: A. Principal Uses: 1.) Single-Family residences 2.) Two-Family residences Page 8 of 27 Words nnderlincd arc additions;words sweak-litrgagb are deletions. U:20 12\20121011WPWPUD Amendment\CCPCICCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000!75(2-21-2013).docx Packet Page-1707- 3/25/2014 17.A. 3.) Multi-Family residences B. Accessory Uses: 1.) Accessory uses and structures, including private garages. 2.) Recreational uses and facilities. 3.5 REGULATIONS 3.5.1 GENERAL: All yards, set-backs, and other criteria listed below shall be understood to be in relation to the respective Condominium Parcel boundary lines. 3.5.2 MINIMUM YARDS: A. Yards abutting a street—35 feet. B. All yards abutting other residential land-use areas or Tract B, Recreational Club shall be a minimum of 20 feet. C. All yards abutting common use areas except as provided in A. above shall be a minimum of five feet. 3.5.3 MINIMUM FLOOR AREA: Each residential unit shall have a minimum floor area of 600 square feet. 3.5.4 MAXIMUM LOT COVERAGE: 25%of useable area. 3.5.5 MAXIMUM HEIGHT: Three story or 30 feet above grade. 3.6 PARKING. LOADING AND UNLOADING REQUIREMENTS 3.6.1 GENERAL REQUIREMENTS AND SPECIFICATIONS: The general requirements and specifications set forth in Section 8.1 —Definitions, Section 8.2 —General Requirements and Specifications, Paragraphs I and 2 and Section 8.4— Requirements for Off-Street Loading and Unloading, Paragraph 4, of Reference No. I shall apply. 3.6.2 LOCATION: Parking, loading and unloading spaces required for a respective Condominium Parcel shall be located within said parcel. 3.6.3 REQUIREMENTS: A. Parking Spaces—One and one-half parking spaces per residential unit. Page 9 of 27 Words underlined are additions;words stionle-thteuth are deletions. H:\2012\2012101\WPU'UD Aznendment\CCPC1CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-2013).doax Packet Page-1708- 3/25/2014 17.A. B. Loading and Unloading Spaces—One loading space for the first 20 units, two spaces for 21 to 40 units,three spaces for more than 40 units. C. Adequate screened parking area for campers,boats and trailers. 16.4 SET-BACK REQUIREMENTS: All parking, loading and unloading areas shall be setback a minimum of 35 feet from abutting streets located in Common areas and a minimum of ten feet from side and rear property lines. 3.7 PLAN APPROVAL REQUIREMENTS All Multi-Family Condominium Parcels shall be developed in accordance with the regulations, standards, and the intent of this document. Prior to the issuance of a building permit for condominium parcel, the final plans for construction of the respective parcel shall receive the approval of the County Planning Director. Page 10 of 27 Words ltnderlined are additions;words strueit-hrotugh are deletions. 11:',2012'2012101\WP\KID Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2--21-2013).docx Packet Page-1709- f 3/25/2014 17.A. SECTION IV TRACT B: RECREATIONAL CLUB DEVELOPMENT 4.1 PURPOSE The purpose of this Section is to set forth the development plan and regulations for the area designated as Tract B, Recreational Club on the Plot Plan of Development, Exhibit «E„ 4.2 DEVELOPMENT PLAN A. The site development, including location of Clubhouse, transient lodging unit areas, their street and parking layout, and location of recreational facilities of Tract B shall generally conform to the lines, areas and notes set for in Exhibit «E„ B. All buildings and facilities within the Tract shall be for the use of the Club, Club members,and their guests only. 4.3 USES PERMITTED No building or structure, or part thereof,shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1.) Recreational club. sports instructional schools or camps, limited to a tennis academy and fitness facility- 2.-1-) Tennis Courts and Handball Courts and similar facilities. 3.2,) Shuffleboard courts, swimming pools, and other similar types of facilities. 4.3:) Clubhouse with restaurant and cocktail lounges. 5.) One single-family home to be located in the area within Tract B depicted on PUD Exhibit "F-1". B. Accessory Uses: 1.) Pro-shop, practice courts, and other customary accessory uses of tennis clubs or similar establishments. 2.) Gift shops, sports equipment sales and similar uses intended to serve members of the Club and their guests. Page 11 of 27 Words l idcrlined are additions;words struck-tlxettgh are deletions. 11:2012'2012 1 0 1\WPIPUD Amendment\CCPC\CCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-2013).docx Packet Page -1710- 3/25/2014 17.A. 3.) Transient lodging units are hereby found to be an appropriate and compatible accessory of this private club development, not withstanding any other timing or completion provision for phased development plans set forth elsewhere in this PUD Ordinance, so long as such units will comply with the development standards set forth below. The transient Iodging units shall be subject to review and approval through the County's adopted site development plan procedures as provided for in LDC Section 10.02.3 or as it may be amended, prior to issuance of building permits. Criteria to be evaluated by staff as part of the site development plan review process shall include, but not be limited to the following issues: the number of units, square footage per unit, building design, landscaping and parking requirements of the LDC. a) Transient Lodging Units — Additional Development Standards and Limitations: i) The minimum setback from a tract boundary shall be the same as for buildings for Principal Uses, as set forth in Paragraph 4.4.2.A., below. ii) Transient lodging units shall be physically proximate to the club house and its associated restaurants, lounges, and recreational facilities. The transient lodging units shall be located in a structure(s) that shall be a physical expansion or extension of, or within 30 feet of, the club house and its associated restaurants, lounges, and recreational facilities. iii) The total site area proposed for the transient lodging facilities shall not exceed 5%of the Tract B area. iv) The height shall be limited to a maximum of two(2)stories not to exceed 30 feet. v) Parking areas shall be as required by the LDC in effect at the time of final site development plan application. vi) The maximum number of transient lodging units shall be limited to, and shall be determined in part, by the application of these development standards; provided further that the total number of transient lodging units may be less than, but shall not exceed 48 units. vii)The paved driveway, which is the southern leg of the western extension of Clubhouse Drive within Tract B, shall not be relocatedimoved. Page 12 of 27 Words underlined are additions;words mete -th are deletions. H:\2012\2012101\ATTU )AtnettdntenttC.CPC'tCCPC Revisions\Naples Bath and Tennis Club PUDA PL-2013-0000175(2-2I-2013).docx Packet Page-1711- 3/25/2014 17.A. A private school. not to exceed 100 students (enrollment limited to students of the tennis acticicrnylrecreational club). 51 Accessory uses associated with the single-family home as set forth in Section 3.4.B. C. "Lake" Areas: Areas within Tract B shown as lakes in Exhibit "E" shall be classified as unusable space and no facilities except pedestrian walks or paths, landscaping,small docks or shelters, or other similar use shall be permitted. 4.4 REGULATIONS 4.4.1 GENERAL REQUIREMENTS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location and treatment of buffer areas. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4,4.2 SET-BACK REQUIREMENTS: A. All principal use building structures shall be set back a minimum of 20 feet from the Tract boundaries,and shall be set back a minimum of 50 feet from residential use tracts7.except for the permitted single-family home which shall provide the following setbacks from the parcel boundaries as depicted on Exhibit "F-I Sit-tale-Family Home Principal Structures Adjacent to Clubhouse Drive: 30 feet Adjacent to Commons Area "I": 5 feet Simile-Family Home Accessory Structures Same as for Principal Structures B. All principal use building structures shall have a minimum separation of 20 feet. C. Except for the streets shown in Exhibit "E" and pedestrian facilities and simile-family home per Section 4.4.2.A, all streets, parking areas, recreational courts, and accessory facilities shall be set back a minimum of 20 feet from the Tract boundaries. Page 13 of 27 Words unticrlincd are additions:words sifooli-ilksettgh arc deletions. 1-r2012\2012 I Ol'iWP Amendmeni\CCPCACCPC Revisions\Naples Bath and Tennis Club PUDA P I.-20 13-0000175(2-21-2013).docs Packet Page -1712- 3/25/2014 17.A. 4.4.3 MAXIMUM HEIGHT: Two stories or 30 feet except for the permitted single- family home which shall be subject to a Zoned height maximum of 35 feet and Actual maximum height of 40 feet. 4.5 PARKING, LOADING AND UNLOADING REQUIREMENTS 4.5.1 GENERAL REQUIREMENTS: The general requirements and specifications set forth in Section 8.1 — Definitions, Section 8.2 — General Requirements and Specifications, Paragraphs I and 2 and Section 8.4—Requirements for Off-Street Loading and Unloading,Paragraph 4, of Reference No. 1 shall apply. 4.5.2 REQUIREMENTS: A. For Clubhouse with Restaurant and Cocktail Lounge— One parking space for each four seats and one parking space for every four persons employed or intended to be employed. B. For Recreational Facilities — One parking space for each two anticipated participants. Fifty percent (50%) of the spaces required for recreational facilities may be credited to the parking requirement of A above. 4.6 PLAN APPROVAL REQUIREMENTS Before the issuance of a building permit for construction within Tract B,the final plans for each stage of the proposed construction shall receive the approval of the County Planning Director. Page 14 of 27 Words underlined are additions;words 00volt-through are deletions. [IA201=012101\Wr BUD Amendment\CCPC,CCPC RevisionskiNagics Bath and Tennis Club PUDA PL-2013-0000 ITS(2-21-2013).doex Packet Page -1713- 3/25/2014 17.A. SECTION V TRACT-A C: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to set forth the development plan and regulations for the area designated as Tract C— Single-Family Residential, on the Plot Plan of Development, Exhibit"E". 5.2 MAXIMUM DENSITY A maximum of 93 residential units may be constructed in Tract"C". 5.3 DEVELOPMENT PLAN Tract C, Single-Family Residential shall be developed on the basis of a single condominium made up of individual single family parcels. Plans for Tract C or parts thereof shall clearly indicate the location, area and dimensions of the respective single family parcels. 5.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: Single-Family Residences B. Accessory Uses: 1.) Customary accessory uses and structures, including private garage. 5.5 REGULATIONS 5.5.1 GENERAL: All yards, set-backs, etc., shall be understood to be in relation to the Tract boundaries and individual parcel boundaries. 5.5.2 MINIMUM LOT AREA: 10,000 square feet. 5.5.3 MAXIMUM PARCEL COVERAGE: The maximum parcel coverage of living area shall be 25%. 5.5.4 MINIMUM LOT WIDTH: A. Corner Lots - 100 feet average between front and rear lot lines. Page 15 of 27 Words underlined arc additions;words staaok4lirett4 are deletions. \201210 I'MP PUD AmendinentlCCPC‘CTPC,Revisions\Naples ilath and Tennis Club PU DA P1,2013-0000175(2-21-201.3).doex Packet Page-1714- 3/25/2014 17.A. B. Interior Lots—85 feet average between front and rear lot lines, 5.5.5 MINIMUM YARDS: A. Front Yard—35 feet. 13. Side Yard—One story, 10 feet;two story— 15 feet. C. Rear Yard—20 feet. A residential pool or patio, which is screen enclosed, or open or one or more sides for use in residential units, and which is incidental of that of the main building, rear yard setback may be reduced to 15 feet. D. On lots which front on more than one street, the yard opposite the front yard with the least frontage shall be considered a rear yard for setback purposes. 5.5.6 MINIMUM FLOOR AREA: A. One Story— 1,200 square feet B. Two Story— 1,500 square feet 5.5,7 MAXIMUM HEIGHT: 30 feet above grade. 5.6 OFF-STREET PARKING REQUIREMENTS Two spaces, at least one of which shall be located within the permitted building area, and in no event shall a space be located in a side yard setback. 5.7 PLAN APPROVAL REQUIREMENTS Final plans depicting Tract and individual parcel boundaries, easements, and other information as required shall be approved by the County Planning Director. Page 16 of 27 Words underlined are addinoWi;words siradkAhrougn are deleuons, \2012S20 I2101\WP\ AmendraenPECPC\CCPC Revisions\Naples Bath and Tennis Club PU DA PL-2013-0000175(2-21-2013).docx Packet Page-1715- 3/25/2014 17.A. SECTION VI TRACT D: COMMONS AREA"I" DEVELOPMENT 6.1 PURPOSE The purpose of this Section is to set forth the development plan and regulations for the area designated as Tract D, Commons Area "I", on the Plot Plan of Development. Exhibit 44E", 6.2 DEVELOPMENT PLAN A. The primary function and purpose of this Tract shall be to provide an aesthetically pleasing open area for the common use and service of all occupants and members of all other Tracts within the project limits, and to provide for the flood relief and drainage of the total project. B. Except in areas to be used for water impoundment, and accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. All landscaping and earthwork to be performed in the Tract shall be of high quality and in keeping with the primary goals set for this area. 6.3 USES PERMITTED The building or structure, or part thereof, shall be erected, altered or used, or land or water used in whole or in part, for other than the following: A. Principal Uses: 1.) Open Spaces. 2.) Lakes and other functional facilities or uses to serve for the flood relief and drainage of project improved areas. B. Accessory Uses: A maximum of four total acres, in whole or in parts, may be used for improved recreational facilities such as playgrounds, putting greens, or other similar recreational facilities. 2.) Small buildings, enclosures, or other structures constructed for purposes of maintenance, recreation, or shelter. Page 17 of 27 Words underlined are additions;words frtmeli-tiwttuttli arc deletions. 1120;2201210 PU Amendment\CCPC\CCPC Rcvisions\Naples Bath and Tennis Club PUUA P L-2013-0000175(2-21-2013).doex Packet Page-1716- 3/25/2014 17.A. 3.) Small docks,piers or other such facilities constructed for purposes of lake recreation for all project occupants or members. 4.) Improved or unimproved pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the Commons Area. 6.4 REGULATIONS 6.4.1 GENERAL: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of all improved facilities,and location and treatment of buffer areas. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 6.4.2 MAXIMUM HEIGHT: 15 feet. 6.5 PLAN APPROVAL REQUIREMENTS Final plans for all improvements and facilities to be constructed in Tract D shall receive the prior approval of the County Planning Director. Final plans for clearing, grading, earthwork, and utility construction may be approved by the County Planning Director as part of the respective Project Phase Final plans as provided for in Section II. Page 18 of 27 Wm&nnsierlined are additions:words '444FM4+04 are deletions. H2012c12101\WP\PL1D Amendment‘CCPC\CCPC Revisions■Naples bath and Tennis Club purm.PL-2013-0000175(2-21-2013).dox Packet Page-1717- 3/25/2014 17.A. SECTION VII TRACT E: COMMONS AREA"P" DEVELOPMENT 7.1 PURPOSE The purpose of this Section is to set forth the development plan and regulation for the area designated as Tract E, Commons Area"P", of the Plot Plan of Development,Exhibit E . 7.2 DEVELOPMENT PLAN A. The primary function and purpose of this Tract shall be to provide an area for • entrance and access to the project, street access to the respective project land-use Tracts, utility corridors, and to provide semi-public access for such services as fire protection, policing, solid waste collection, and maintenance and operation of utilities. B. This Tract shall be developed with such landscaping, screening, and other decorum to provide a pleasing appearance and suitable buffer between the project and adjacent lands. 7.3 USES PERMITTED No building or structure, or part thereof, shall be erected. altered or used, or land or water used, in whole or in part, for other than the following: A. Streets and Utilities B. Landscaping, screens, and decorative walls, gates and monuments. C. Entrance gatehouse. 7.4 REGULATIONS 7.4.] GENERAL: A. Overall site design shall be harmonious in terms of landscaping, enclosures of structures, location of streets and treatment of buffer areas. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare and other interference. 7.4.2 OTHER: The height. location and design of all facilities and improvements in this Tract shall be subject to the approval of the County Planning Director. • Page 19 of 27 Wards underlined are additions;words 4i41C4(-througit are delelmns. HO:22012 l01\WP\PI:D Arnendawn6CCPCACCPC RevisionsNaples Oath and Tennis Club PUOA Pl.-2013-0000175(2-21-2013,).cion Packet Page-1718- 3/25/2014 17.A. 7.5 PLAN APPROVAL REQUIREMENTS Final and complete plans for all structures, landscaping or other facilities that can readily be seen shall receive the approval of the County Planning Director. Final plans for clearing, grading, earthwork and utility construction may be approved by the County Planning Director as part of the respective Project Phase final plans as provided for in Section IL 1 Page 20 of 27 Words plidertinsd are additions;words stitiektbfougit Ore deletions. 11 ,20122012 101\WPTUD A memirnent\CCPCCCPC Revisions\Naples Bath and Tennis Club PUDA PL-20 13-0000175(2-71-20 3).docx Packet Page -1719- MOW 3/25/2014 17.A. SECTION VIII OWNERSHIP, OPERATION AND MAINTENANCE 8.1 GENERAL The entire complex shall be subject to condominium ownership, with the current owner, • or a designated development corporation, responsible for the installation of improvements and the maintenance of common areas until such areas are turned over to the appropriate Condominium Associations. The single family unit in Tract B shall not be subject to this requirement. 8.2 OWNERSHIP OF COMMON AREAS Common Areas "P" and "I" shall be owned by the Naples Bath and Tennis Club Condominium Association. The assets of this association shall be owned by "Unit Condominium Association",defined as follows: A Unit-Condominium Association is that entity that holds title to ownership of an individual parcel of land within the entire parcel. Such individual parcels of land are labeled"Multi-Family Parcels A through"I", "Single- Family Parcels", and "Club" on the PUD Land Use Plan. Ownership of assets of"Unit- ,toiN Condominium Associations" may be either in undivided 1/nth interest, where "n" shall not exceed the number of dwelling units per respective parcel, as indicated in Section III of the PUD proposal, or by a single developing entity or by a Club operating entity, in the case of the Club facilities. 8.3 CONDITIONS The following conditions will prevail, as appropriate: A. INITIAL PHASE: During construction of Club facilities and condominium units. The current owner, or its designated development corporation shall construct roads, install utilities, install lakes, and build club and apartment buildings, shall form and fund condominium associations both on individual multi-family parcels and the Naples Bath and Tennis Club Condominium Association. It shall be the responsibility of the Naples Bath and Tennis Club Condominium Association to assume responsibility for the maintenance of the Commons Areas "P" and "I" immediately upon completion of construction of any phase of these improvements. The Naples Bath and Tennis Club Condominium Association shall also assume responsibility for the maintenance of all lake areas in the complex. The current owner andlor its designated development corporation shall completely fund the operation of the Naples Bath and Tennis Club Condominium Association until such time as an individual unit condominium parcel is completely developed and its individual unit-condominium association is formed Page 21 of 27 Words underlined are additions;words stfttek-44-tmigh are deletions. \20122012 10 AMPLID Anaiiidnient\CCPC.CCPC:RevisionsiNaolcs Bath and Tennis Club PUDA PL-20 13-0000175(2-2l-2013).dor,"; .1 Packet Page-1720- 3/25/2014 17.A. and turned over to the apartment or lot owners. At that time, the unit- condominium association shall assume its pro-rata proportion of the maintenance costs of the Commons Areas "P" and "I". Said association will at all times maintain roads, landscaping and other amenities in an aesthetically pleasing orderly fashion. Such procedures shall continue until the entire parcel is developed and all unit-condominium associations formed. B. FINAL PHASE: Upon completion of project. When all unit-condominium associations shall have been formed, and control shall have been turned over to said associations, the funding of the Naples Bath and Tennis Club Condominium Association shall be the sole responsibility of the unit-associations. It is further understood that prior to occupancy within a parcel,the commons area in the entire project phase as defined in Section 2.5 A, shall be completed. In addition, prior to the occupancy of any condominium unit, the Recreation Club facilities - Project Phase I as defined in Section 2.5 A, shall be substantially completed. 8.4 OWNERSHIP STRUCTURE Ownership structure of the various condominium parcels is depicted in Appendix B. Page 22 of 27 Words underlined am additions:words fiiiiek-tlifeegii are deletions, W.2011201210 1,WP\PIJI)Amendment\CCM\CM Revisions\Naples Bath and Tennis Club PIMA PL-20 L3-0000175 C2-21-2013).dctex Packet Page-1721- 3/25/2014 17.A. SECTION IX DEVELOPMENT STANDARDS 9.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 9.2 GENERAL All facilities shall be constructed in strict accordance with the Development Plan and all applicable state and local laws, codes and regulations. Except where specifically noted or stated otherwise,the standards and specifications of Reference Nos. 1 and 2 shall apply to this project. Where the regulations referenced in Reference Nos. ] and 2, are longer in effect or have been repealed and replaced. the regulations in effect at the time of permitting shall apply. 9.3 CONCEPTUAL DESIGN PLAN A. Exhibit "F. Conceptual Plan of Development, illustrates the existing site elevations superimposed upon the Plot Plan, existing drainage and other facilities of adjacent lands, the proposed utility corridors, the proposed drainage system, and certain base conceptual design criteria and templates for the project. Also illustrated on the Exhibit are the tentative development phases and the location of certain temporal facilities. B. Except for such definitive facilities and demarcations as street locations. Tract boundaries, etc., the design criteria and system design illustrated on Exhibit "F" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. 9.4 PROJECT DEVELOPMENT PHASING The tentative development phasing and sequence is illustrated in Exhibit "F". The proposed construction phases shall individually comply with the standards set forth and the resulting partially complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de- sacs at street ends, screens, signs, landscaping, erosion control and other similar-in- function facilities shall he taken to accomplish the above set forth objective. All signs shall be printed and displayed in accordance with Collier County Ordinance. Page 23 of 27 Worth underlined arc additions;words Goate4t-titfotettb arc deletions. 1-1.20 22012 III I\WP PUD Arnenclment1CC.PC\CCPC itcvlsionANaples Bath and Tennis Club PUDA PL-2013-0000175(2-21-2013).ducx Packet Page -1722- 3/25/2014 17.A. 9.5 CLEARING. GRADING. EARTHWORK AND SITE DRAINAGE All clearing, grading, earthwork,and site drainage work shall be performed in accordance with good engineering practice, in accordance with all applicable state and local codes, and in such a matter that will not create a public problem. Conceptual minimum criteria for lake construction and project elevations are set forth in Exhibit"F". 9.6 STREET CONSTRUCTION All street design and construction shall meet or exceed the minimum Collier County standards as set forth in Reference No. 2. A conceptual street and yard design template with minimum elevation criteria is illustrated in Exhibit"F". 9.7 CORRIDORS FOR UNDERGROUND UTILITIES In addition to serving the purposes of common entrance and access, Commons Area "P" shall serve and be so dedicated to serve as a corridor for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project. 9.8 WASTEWATER COLLECTION, TRANSPORT AND DISPOSAL All project areas shall be served by a central wastewater collection system. Until such time that the site is served by Collier County Water-Sewer District B. a temporary on-site system, of approved location, shall serve to provide wastewater treatment and disposal for the project. Immediately upon the availability of District wastewater service to the site, the temporary wastewater treatment and disposal system shall he dismantled and connection shall be made with the District system. 9.9 WATER SUPPLY A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the City of Naples system or other area-wide system made available to the project site via Water-Sewer District B. 9.10 SOLID WASTE DISPOSAL Such arrangements and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 9.11 OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all residential and club use areas. All such utility lines shall he installed underground. Page 24 of 27 Word;underlined arc additions;words atfaeii-timegli are deletions, I R2012a012101 INNPUD A mendnicntWCPCCCPC Rnistons1Naples Bath and Tennis Club PUDA PL-2013-0000175(2-21-2013 i.docr, Packet Page-1723- 3/25/2014 17.A. 9.12 TRANSPORTATION IMPROVEMENTS Should there be operational deficiencies at the intersections of Pine Ridge and Airport- Pulling Roads at the time of application for site development plan for transient lodging units for Tract B, then the developer shall pay its fair share of the cost of any transportation or transportation related improvements for the transient lodging units, such as,but not limited to, contribution toward an intelligent management system/SCOOT. Page 25 of 27 Words underkned arc additions:words stilieR-thretth are delations. 11;20 i 2\20121 41‘WP\PIJI)Amendment\CCPCACCPC Rev isionsiN auks Bath and Tanis Club ITDA PL-20 5-0000175(2-21-20 13 Ltincx Packet Page -1724- 3/25/2014 17.A. REFERENCES 1. "Collier County Zoning Regulations", October, 1968. As revised through December 1972 2. "Collier County Subdivision Regualtions", Ad ley Associates, Inc.,April, 1967. 3. "Application for Public Hearing", Planning Department. Collier County,Florida. Naples Bath and Tennis Club, Ltd. Application filed February 23, 1973 for Public Hearing on March 22, 1973. Page 26 of 27 Words underlined are additions;words snit .4i4kfettgit are deletions. 1-1‘,2012\2012101,W1'PUD Amendment\CCPC7\CCPC Revisions\Minims Bath and Tennis Club PijI)A PL.-2013-0000175(2-21-2013)40ex Packet Page-1725- 3/25/2014 17.A. APPENDIX A PROPOSED DEVELOPMENT SCHEDULE PROJECT PHASE NO. LOCATION DATE 1. Southeast June 1973 2. Southwest 1/4 January 1975 3. Northwest 1/4 June 1976 4. 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The• title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NUMBER R-73-22-C WHICH ESTABLISHED THE NAPLES BATH AND TENNIS CLUB PLANNED UNIT DEVELOPMENT, AS AMENDED BY ORDINANCE NUMBERS 74-47,75-48,81-61 AND 10-05,TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING UNIT WITHIN TRACT B, RECREATIONAL CLUB DEVELOPMENT AND TO ALLOW SPORTS INSTRUCTIONAL SCHOOLS AND CAMPS AS A PRINCIPAL USE AND.A PRIVATE SCHOOL ACCESSORY TO A SPORTS INSTRUCTIONAL SCHOOL AS AN ACCESSORY USE WITHIN TRACT B, RECREATIONAL • CLUB DEVELOPMENT; AND FURTHER PROVIDING FOR DEVELOPMENT STANDARDS AND ADOPTION OF EXHIBIT E-1,LOCATION MAP FOR SINGLE FAMILY HOME WITHIN TRACT B.THE SUBJECT PROPERTY IS LOCATED ON AIRPORT ROAD, SOUTH OF PINE RIDGE ROAD IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN • EFFECTIVE DATE.[PUDA-P1.20130000175] , • Copies of the proposed Ordinance are on file with the Clerk to•the Board and are 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 decideges to appeal a decision of the Board will need a record of the record proceedings proceedings i s tmade,which therefore, ncludess the testimony and verbatim evi- dence upon which the appeal is based. • If you are a person with a disability who needs any accommodation in order to par ticipate in this proceeding, you are entitled, at no cost to you, to the provision-of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida • 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are avail- able in the County Commissioners'Office. • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN • DWIGHT E.BROCK,CLERK By: Ann Jennejohn,Deputy Clerk (SEAL) March 5.2014 No.2016890 Packet Page -1732- •