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Agenda 12/10/2013 Item #17D 12/10/2013 17.D, 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 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling units and up to 38 boat slips on property located on the Golden Gate canal south of Bear's Paw in Section 35, Township 49 South, Range 25 East, Collier County, Florida consisting of 10.75± Acres; and by providing an effective date. (Petition number RZ-PL20120002095) 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 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: Special note: "Exhibit F List of Developer Commitments" section IV. has been revised to clarify that the Developer, its successors and/or assigns (which may include the home owners association described in Exhibit F, Paragraph V) shall be responsible for maintenance of improvements located within that portion of the Golden Gate Canal within the project boundary, as depicted on Exhibit C. The revision is accepted by Staff and the CCPC Chairperson as it meets the intent of the maintenance standard. Please see Attachment: "Original PUD Language" and "Current PUD Language." This petition seeks to rezone 10.75- acres of vacant. undeveloped land zoned Rural Agricultural (A) to Resiaential Planned Unit Development(RPUD). A portion of the site includes submerged lands located in the Golden Gate Canal. The land area above the mean high water line (MHWL) of the canal is 8.71± acres. The PUD proposes the development of no more than 25 single- family residential units with a density of 2.9 dwelling units per acre. (The Growth Managemem Plan allows up to 3 units per acre on the subject site.) The buildings will have a zoned height of 30 feet and an actual height of 35 feet. Ingress/egress will be from Golden Gate Parkway via an access road easement that will also serve the Gordon River Greenway Park. The site is also located in a Special Treatment Overlay for well fields (ST/W-3 and ST/W-4), which requires land uses such as residential development that reduce the potential for groundwater contamination. Packet Page-2550- 12/10/2013 17.D. The Master Plan(See Attachment) depicts the areas of residential and amenity area development, water management, and traffic/pedestrian circulation. The Master Plan also shows that 5.27 acres will be residential area, 0.19 acres will be an amenity area, 2.05 acres are tidally submerged lands, 1.83 acres will be right-of-way and 1.41 acres are "other area" landward of the MHWL (mean high water line). Notes on the Master Plan state that there are a maximum number of 25 residential units. The notes also indicate the petitioner's intention to meet the required preservation area off-site. In addition, the open space requirement of 60 percent will not be met and the proposed alternative is to provide 50 percent open space. Please see the Deviation section of the Staff Report for further information. Landscape buffering requirements are met by a 10-foot wide Type D right-of-way Landscape Buffer adjacent to the access road easement. There is no landscape buffer is required between the golf course and the proposed residences, as the golf course is considered to act as a buffer. Along the canal a deviation is requested from the landscape buffer that mitigates the impact of the proposed residences from the existing residences across the canal. The requirement is for a 10-foot wide Type A Landscape Buffer with trees 30 feet on center; the deviation request is to allow for trees spaced an average of 45 feet on center with the same number of trees otherwise required by the 30-foot spacing. Please see the Deviation section of the Staff Report for further information. The petitioner, per the Planning Commission's direction, is pursuing the option to mitigate the preserve off-site and has offered $103,255.00 to Conservation Collier for off-site preservation mitigation. It should be noted that the Land Development Code provides two options for off-site mitigation, but the CCPC wanted the off-site mitigation to be provided within the local Gordon River area and requested that the donation to Conservation Collier be utilized by the project. The payment is less than the amount called for in the valuation formula set forth under Section 3.05.07.H.1.F.iii.a of the Land Development Code. That amount is $168,493.56, based on 125% of the average cost land in the urban area purchased through the Conservation Collier program. The enclosed letter from the petitioner was provided to The Conservation Collier Land Acquisition Advisory Committee (CCLACC). which met on November 18. 2013, in a public meeting and reviewed the offer. They voted unanimously to recommend that the Board of County Commissioners to accept the donation and to earmark it for acquisition of the Collier Development Parcel, a 7.5-acre parcel on the south end of the Gordon River Greenway Park. FISCAL IMPACT: 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 (excluding potable water and wastewater services, which are to be provided by the City of Naples). 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 Packet Page-2551- 12/10/2013 17.D. 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): 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 RZ-PL20120002095, The Landings at Bear's Paw Residential Planned Unit Development(RPUD) on October 17, 2013, and by a vote of 7 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following stipulations which have been incorporated into the PUD document: 1. Amend the Access Easement to provide that: a. The Access Easement will continue to permit access to Parks and Recreation. b. Maintenance of the Access Easement will be by the Developer or the community homeowner's association and not Collier County. c. An entry gate shall be permitted, so long as it is not public and not publically maintained. 2. Deviation number 4 side-yard setback for single-family docks shall be revised from 0- feet to 7.5-feet. 3. All boat slips shall be limited to residents of the community. 4. The boat slips constructed adjacent to single-fami tots shall be parallel to the shorelin: and shall not be perpendicular. 5. Remove references to number of[building] stories on the Development Standards Table. 6. Add Footnote Number 1 to the accessory front yard setback. (Re: footnote 1 relates to the 23-foot setback when there is a front entry garage. and this revision is intended to apply the footnote to detached garages.) 7. Delete Footnote Number 2 in the accessory side yard setback and revise the accessory side yard setback standards so as to mirror the principal side yard setbacks. 8. Change Section V of the Developer Commitments to include maintenance of improvements within the Access Easement. Packet Page -2552- 12/10/2013 17.D. Astok 9. The following shall be included in the Executive Summary that is prepared by Staff: The offsite mitigation will be valued at a monetary contribution of$103,255.00, which is also intended to mitigate the open space reduction. The Planning Commission recommends that these funds be earmarked for the acquisition of Folio No. 20760080007 (commonly known as the"CDC Parcel"). 10. Provide an Enhanced Landscape Plan as referenced in the Petitioner's justification for Deviation# 5. 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 an Agricultural (A) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 (ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw 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 maintainer 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. Packet Page-2553- 12/10/2013 17.0. 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 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 t'pes 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? Packet Page-2554- 12/10/2013 17.D. 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. 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 Board of County Commissioners approve the request for RZ- PL20120002095, The Landings at Bear's Paw 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 Packet Page -2555- 12/10/2013 17.D. 4) Master Plan 5) Application/Environmental Documents/TIS at: http://www.col1 iergov.net/ftp/AgendaDec 1 0 1 3/LandingsBear'sPaw.pdf Packet Page-2556- 12/10/2013 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. 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 Ordinance Number 2004-41, as amended,the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W- 4 (ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling units and up to 38 boat slips on property located on the Golden Gate canal south of Bear's Paw in Section 35, Township 49 South, Range 25 East, Collier County, Florida consisting of 10.75±Acres; and by providing an effective date. (Petition number RZ-PL20120002095) Meeting Date: 12/10/2013 Prepared By Name: GundlachNancy Title:Planner, Principal,Comprehensive PianninE_- 11/12/2013 2:51:18 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 11/13/2013 2:05:45 PM Name: BellowsRay Title: Manager-Planning, Comprehensive Planning Date: 11/14/2013 10:58:21 AM Name: BosiMichael Packet Page-2557- 12/10/2013 17.D. Title: Manager-Planning,Comprehensive Planning Date: 11/14/2013 11:22:45 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/15/2013 8:55:58 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 11/20/2013 1 1:19:31 AM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:55:24 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/25/2013 6:05:47 PM Name: KlatzkowJeff Title: County Attorney Date: 11/27/2013 10:41:42 AM Name: OchsLeo Title: County Manager Date: 11/30/2013 12:01:28 PM Packet Page-2558- AGENDA _12/10/2013 17.D. Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: OCTOBER 17, 2013 SUBJECT: PETITION RZ-PL20120002095, THE LANDINGS AT BEAR'S PAW RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT/AGENT: Headwaters Development Limited John M. Passidomo and William J. Dempsey Liability Limited Partnership, LLLP Cheffy Passidomo, P.A. 9130 Galleria Court, Suite 312 821 5th Avenue South Naples, Florida 34109 Naples, Florida 34102 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone from an Agricultural (A) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling unit:; and up to 38 boat slips on the subject property. GEOGRAPHIC LOCATION: The 10.75± acre subject property is located on the Golden Gate canal south of Bear's Paw and south of Golden Gate Parkway (C.R. 886), approximately %2 mile east of Goodlette-Frank Road (C.R. 851). in Section 35, Township 49 South, Range 25 East. Collier County. Florida (See Location Map on following page.) PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone 10.75± acres of vacant, undeveloped land zoned Rural Agricultural (A) to Residential Planned Unit Development(RPUD). A portion of the site includes submerged The Landings at Bear's Paw RPUD, RZ-PL20120002095 October 2,2013 Page 1 of 21 Packet Page -2559- IIiI12/10/2013 17.D.i - - — 1 . L _ IM 7 g 4 . s .R . 1 .., ,, M 1 ° ., i k g i. \ J !3 _ ._ ° 0• \ � it ci\I . -1-I.H I H_H.H.H.�.�. , {I z < M...-MAIM • s 9 x< : son YM P1NM - - • . WA ,: : nn ....r Z 1 0 El N Y .2u.-,,,,,,, iii owl mom i E # . 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Y F _wZU2� 0 ZZQ#. 0 Z4 -myi - SRN N w Ca _¢ I r `g it V 1 �1 ° C o�QI y .c5,'• C c I j >-I I-' m go. °� &c, z ( w1 LT,'„;.. 2 & 1 I I _, O 1 Lg I r JIB z S — 2 w d LL ° V r 5 b 1 5318vn < U w z m w 1 ' ° 51 �i 9 L 1 J r Z \ o f / z a 6 tn 0 30 K 2 c F,_ I ow 1 Z U j .5 - m W e1N =Uwd ^O 2 : 1 � z° o I 1 ma� I we•.0 nsrtu mw,nym-nwVrfMwu.aa v I•Sr\wes•Vfss,•VeYmem.•11.ns sere t-e.•\w•e•An'nV W euem••• • Packet Page-2563- 12/10/2013 17.D. lands located in the Golden Gate Canal. The land area above the mean high water line (MHWL) of the canal is 8.71± acres. The PUD proposes the development of no more than 25 single-family residential units with a density of 2.9 dwelling units per acre. (The Growth Management Plan allows up to 3 units per acre on the subject site.) The buildings are a maximum of two stories and will have a zoned height of 30 feet and an actual height of 35 feet. Ingress/egress will be from Golden Gate Parkway via an access road easement that will also serve the Gordon River Greenway Park. The site is also located in a Special Treatment Overlay for well fields (ST/W-3 and ST/W-4), which requires land uses such as residential development that reduce the potential for groundwater contamination. The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential and amenity area development, water management, and traffic/pedestrian circulation. The Master Plan also shows that 5.27 acres will be residential area, 0.19 acres will be an amenity area, 2.05 acres are tidally submerged lands, 1.83 acres will be right-of-way and 1.41 acres are"other area" landward of the MHWL(mean high water line). Notes on the Master Plan state that there are a maximum number of 25 residential units. The notes also indicate the petitioner's intention to meet the required preservation area off-site. In addition,the open space requirement of 60 percent will not be met and the proposed alternative is to provide 50 percent open space. (For more information, please refer to the Deviations section of this Staff Report.) Landscape buffering requirements are met by a 10-foot wide Type D right-of-way Landscape Buffer adjacent to the access road easement. In addition, where the private road serving the proposed development abuts the existing golf course, a 10-foot wide Type D right-of-way Landscape Buffer has been provided. No landscape buffer is required between the golf course and the proposed residences, as the golf course is considered to act as a buffer. Along the canal a deviation is requested from the landscape buffer that mitigates the impact of the proposed residences from the existing residences across the canal. The requirement is for a 10-foot wide Type A Landscape Buffer with trees 30 feet on center; the deviation request is to allow for trees spaced an average of 4 feet on center. (For more information, please refer to the Deviations section of this Staff Report. SURROUNDING LAND USE AND ZONING: North: Golf course and then residential dwellings, with a City of Naples zoning designation of Bear's Paw Country Club PD (Planned Development), at 6 dwelling units per acre South and East: Golden Gate Canal, a 160-foot wide drainage easement containing an approximately 120-foot wide canal, and then Manatee Point Condo single family residences with a zoning designation of RSF-4 (Residential Single-family), at 4 dwelling units per acre West: a 60-foot wide access easement and then a preserve area within the Gordon River Greenway Park, with a zoning designation of P (Public Use) The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 6 of 21 Packet Page -2564- 12/10/2013 17.D. — 8p rM�T Subject Site - :cuP. ' "A older, _. :. 'D+Qty' .WWa0425, .:.. ° ,;,�t ' -. Ci" S2ft AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict;. This designation is intended to accommodate a variety of residential and non-residential uses. including parks. recreational facilities and essential services as defined in the Land Development Code (LDC). The subiect property is further within the Coastal High Hazard Area (CHHA) Overlay, as identified on the Countywide Future Land Use Map. Review of the Density Rating System yields the site eligible for 3 dwelling units per acre (DU/A), as shown below: Base Density 4 DU/acre Coastal High Hazard Area -1 DU/acre Total Eligible Density 3 DU/acre (x 8.713 acres =26.14 DU's total) The applicant seeks to develop 2.9 single family dwelling units per acre, or a total of 25 dwelling units per the application re-submittal request. 4 The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 7of21 Packet Page-2565- 12/10/2013 17.D. FLUE Policy 5.4 requires that new developments be compatible with the surrounding land uses per the Land Development Code (LDC). Please see Rezone and PUD findings contained in this Staff Report. 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. [There are no collector or arterial roads fronting the site. However, the Master Concept Plan does show an access connection to the west of the project within the proposed Gordon River Greenway Park (not a part of this proposed P U.D.) which leads to Golden Gate Parkway, an arterial road to the north of the project.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The proposed Master Concept Plan depicts an internal roadway located between two (2) residential tracts that loops around a proposed water management area on the west side of the project, and connects to the proposed access road located within the proposed Gordon River Greenway Park.] Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [The proposed project contains one internal roadway, which provides for only one access point west of and into the project from the proposed Gordon River Greenway Park access road There are no other local streets or interconnection points to connect to. Connection to adjoining Bear's Paw to the north of the project is not feasible due to the fully developed golf course. The Golden Gate Canal separates the project from the residential Manatee Point Condos to the east and south of the project, therefore connection is not,feasible.] 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. [Twenty — five (25) single family dwelling units are being proposed within the project. According to a conversation between staff, the agent and the Bears Paw HOA president, there will be pedestrian, interconnection to the adjacent Bear's Paw community. With the requested deviation, a sidewall: will be provided on one side of the internal street. Preserve areas and open space must be provided per the LDC subject to the deviations described herein. The size and shape of the site limits the ability to provide Civic facilities.] Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement(TIS) and has determined that this project can be found consistent with policy 5.1 of the Transportation Element of the Growth Management Plan. The project impacts can be accommodated on the adjacent roadway network without need for any additional mitigation. The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 8 of 21 Packet Page-2566- 12/10/2013 17.D. Conservation and Coastal Management Element: Environmental review staff found this project to be consistent with the Conservation and Coastal Management Element(CCME). Based on the above analysis, Comprehensive Planning staff finds 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.5., Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal 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 reviewed this petition. The petitioner has requested the option to relocate the required onsite preserve offsite in accordance with LDC section 3.05.07.H.1.f.; staff has found this property meets the criteria for off-site vegetation retention. The off-site vegetation retention shall be based on the preserve requirement, which is 25 percent (or 0.74 acres) of the existing 2.97 acres of on-site native vegetation. There are gopher tortoises present on the subject site that mostly inhabit the spoil berm area. The owner will be obtaining permits from Florida Fish and Wildlife Conservation Commission to relocate the tortoises to an approved off-site gopher tortoise relocation bank. Transportation Review: Transportation Department staff has reviewed this petition and has found that there is less than a 1 percent impact on the roadway network. Golden Gate Parkway is within an acceptable LOS (Level of Service) along the first link and there are no impacts beyond the first link. Utility Review: The City of Naples Utilities Department staff has reviewed the petition and has stated that this project is located within the City of Naples potable water and waste water service areas. In addition, staff has reviewed the petition and has confirmed that the existence of potable water, reclaimed water and waste water mains within the public right-of-way or utility easement are available for new connections to the property. Allocation of additional utility capacity at the city water and sewer plants will be assured as the site development plans and permit applications have been submitted, reviewed and approved by the City of Naples Utilities Department. Historic Preservation Review: The Historic Archeological Preservation Board recommended approval of the Historical Survey waiver request with the condition that a certified archaeologist will be onsite during all excavations to monitor for the presence of historical and/or archaeological artifacts or resources. The petitioner has agreed and this commitment is included in PUD Exhibit "F" "Developer Commitments." The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 9 of 21 Packet Page -2567- 12/10/2013 17.D. Emergency Management Review: The Emergency Management staff has reviewed the petition and has no comments. Collier County Public Schools (CCPS) District Review: CCPS staff has reviewed the petition and has stated that there is sufficient capacity within the School CSA (Concurrency Service Areas). At the time of site plan or plat, the development will be reviewed for concurrency to ensure there is capacity and that the levels of service standards are not exceeded. At that time, the most current student enrollment will be used and the capacity within adjacent CSR's will be evaluated if necessary. This analysis should not be considered a reservation of capacity or a determination of concurrency. Zoning and Land Development Review: As depicted on the PUD Master Plan, aerial photograph, and the surrounding zoning discussion, the subject site will be separated from the existing single family residences to the southeast by an approximately 120-foot wide canal. To the north, the subject site is separated from the single-family portion of the residential development at Bear's Paw by an approximately 300-foot wide golf course area. To the west of the subject site is an access easement and then a preserve area within the Gordon River Greenway Park. According to conversations with the agent, approximately 14-16 residential dwellings may be constructed along the waterfront property. The PLTD indicates that up to 28 boat slips are proposed along the Residential Tract waterfront area. A maximum of 10 boat slips for the non-waterfront lots are proposed for the multi-slip docking facility located in the Amenity Area. There will be a total of up to 38 boat dock slips, and they will be for the exclusive use of the Landings at Bear's Paw residents. The proposed homes are a maximum of 2-stories and have a side yard setback of 5 feet and a minimum separation of 10 feet between structures and front and rear setbacks of 20 feet. Analysis of the surrounding neighborhood reveals that the proposed development setbacks are less than that of the surrounding neighborhood. In addition, the development intensity of the subject property is greater than that of the surrounding neighborhood. Bear's Paw has front. side and rear yard setbacks of 35 fee-. 15 fee- and 30 feet. The single-family neighborhood across the canal has front, side and rear yard setbacks of 25 feet, 10 feet, and 25 feet. The subiect property has front, side • and rear yard setbacks of 20 feet. 5 feet, and 20 feet, which are less than the neighboring properties. Approximately 14 to 16 waterfront home: at 10 feet apart are proposed along approximately 1,000 lineal feet of waterfront, directly across from 9 existing homes on the canal. The proposed maximum of 38 boat slips contrasts with 5 existing docks located across the canal. The minimum required Type A landscape buffer will mitigate for the waterfront development oy providing some softening of the buildings. A landscape buffer deviation is proposed to allow for waterfront views from the proposed residences. (Deviation # 8 seeks to reduce the tree plantings from 30 feet on center to an average of 45 feet on center.) Due to the compact nature of the development, there is also a proposed reduction in open space. (Deviation # 5 seeks a reduction in open space from the required 60 percent to 50 percent.) The Landings at Bears Paw RPUD,RZ-PL20120002095 October 2,2013 Page 10 of 21 Packet Page -2568- 12/10/2013 17.D. For further discussion of the Deviations, see the Deviation section of the Staff Report. Alook 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 non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future 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 residential and park lands. There is residential zoning to the north, south and east. To the west is a passive park. The land uses proposed in this PUD petition should not create incompatibility issues. 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. 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. 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 residential and park uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 11 of 21 Packet Page -2569- 12/10/2013 17.D. The Manatee Point waterfront neighborhood located across the canal will be most impacted by the proposed development. As previously stated, approximately 14 to 16 homes may be constructed along the waterfront property along with up to 28 boat slips. In addition, up to 10 boat slips are proposed for the multi-slip docking facility, for a total of up to 38 boat dock slips. However, the proposed change should not adversely influence living conditions at Bear's Paw because the existing Bear's Paw residences are buffered by the golf course and mature landscaping located within the Bear's Paw community. 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 and the project was found consistent with those policies. Additionally,the 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 amendment will not adversely impact property values However, zoning by itself may or may not affect values, since value determination by law is driven by marker 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 south and east and north of the subject site are 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 12 of 21 Packet Page -2570- 12/10/2013 17.D. The proposed change will not constitute a grant of special privilege to an individual owner as Amok contrasted with the public welfare. 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 it the LDC regardin: 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. The Landings at Bear's Paw RPUD, RZ-PL20120002095 October 2,2013 Page 13 of 21 Packet Page -2571- 12/10/2013 17.D. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make fmdings as to the PUD Master Plan's compliance with the following criteria." (Staff's responses to these criteria are provided in non-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. The nearby area is developed or is approved for development of a similar nature. 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, 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. While the proposed waterfront development is more intense than the neighborhood across the canal, the proposed lanascaping should aid in making the development compatible. In addition, the proposed residential development is compatible with the surrounding golf course and Gordon River Greenway Park. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. While the open space set aside for this project is less than the minimum requirement of the LDC, the subject development, as previously stated, is surrounded by open space: a golf course, a passive The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 14 of 21 Packet Page -2572- 12/10/2013 17.D. greenway park and a canal. Every residence in subject community will have a view of either the Apek waterfront or of the golf course, increasing the sense of open space. Furthermore, according to conversations with the agent and with the Bear's Paw Home Owner's president, the subject development will have access to the neighboring Bear's Paw golf course and amenities. Staff is of the opinion that the open space provided is adequate. 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., GMP consistent at the time of rezoning as evaluated as part of the GMP 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 8 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, fording that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived and will not have a detrimental effect on the health, safety and welfare of the community" and LD 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 portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 8 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.J, "Street System Requirements," which states that dead-end streets are prohibited except when designed as a cul-de-sac, to allow the internal dead- end street to terminate in a "T" junction vehicular turnaround, as generally depicted on the The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 15 of 21 Packet Page-2573- 12/10/2013 17.D. Conceptual Master Plan. Final location and dimensions of the "T"junction shall be determined at the time of site development plan approval, and shall meet local fire district standards. Petitioner's Rationale: The applicant states that the justification for this deviation is that the unique triangular shape of the project site makes accommodation of a cul-de-sac at the narrow corner of the project site unfeasible. The proposed T-junction provides full vehicular turnaround, does not pose a risk to public health, safety, and welfare, and has been approved by County staff for use by emergency vehicles. 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 seeks relief from LDC Section 6.06.01.N, Street System Requirements, and Appendix B, Typical Street Sections and Right of Way Design Standards, which requires a 60-foot wide local road, to allow a 50-foot wide local road in accordance with the internal right-of-way cross section attached under Exhibit"C." Petitioner's Rationale: The applicant states that the justification for this deviation is that the project size, low density, and relatively small number of residential dwelling units renders the full 60-feet of roadway width unnecessary, and the lack of public through-traffic on the dead-end private roadway (and the absence of any other identifiable risk to public health, safety, and welfare) supports the modest reduction in the proposed street width. 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 aeviation 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 6.06.02A.2., Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a right-of-way terminating in a cul-de-sac where there are more than 15 units fronting on said right-of-way, to allow for a sidewalk along one side of the right-of-way. including the western terminus of the "T"junction described in Deviation # 1, above. Petitioner's Rationale: The applicant states that the justification for this deviation is that the project size and relatively low number of residential units renders the LDC requirement for sidewalks on both sides of the internal roadway unnecessary, and one sidewalk is sufficient when considering that the internal roadway: The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 16 of 21 Packet Page-2574- 12/10/2013 17.D. 1. Dead-ends within the project and does not connect as a through-street to adjacent lands. 2. Does not permit public pedestrian access. 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 5.03.06.E.5., "Dock Facilities," which requires dock facilities to have a side setback of 15 feet for dock facilities on lots with greater than 60 feet of water frontage, to allow a 0-foot side setbacks for the private single-family community dock facilities located along that section of Golden Gate Canal within the Residential Tract. Petitioner's Rationale: The applicant states that the justification for this deviation is that the location of the project adjacent to the dead-end Golden Gate Canal and North of the fixed bridges at the intersection of the Gordon River and US-41 serves to limit the size of boats that will use the single-family residential docking facilities. In addition, there are relatively few docking facilities lying between the project boundary and the Golden Gate Canal weir near Airport Road, which results in a low volume of boat traffic passing by the project and the docks. The subject docks have been conceptually designed to provide for mooring of boats horizontally with the shoreline, thereby reducing the projection of docks and boats into the Golden Gate Canal, and boat sizes will be limited by virtue of the community covenants, conditions, and restrictions. The approximately 120 foot width of the Golden Gate Canal will readily accommodate the proposed dock facilities and preserve navigability. The LDC setback requirements for the subject docks are accordingly not necessary and fulfill no public purpose. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval fording 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 10.02.1 3 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 4.07.02.G.1.. "Open Space Requirements," which requires that PUD districts composed entirely of residential dwelling units and accessory uses to devote at least 60 percent of the gross area to usable open space, to allow at least 50 percent of the gross Project area to be devoted to usable open space. Petitioner's Rationale: The applicant states that the justification for this deviation is that the unique triangular shape of the parcel limits the available onsite open space to 50%, even though the 2.9 unit per acre density is well below the maximum permitted density. The site, however, has significant usable open space available for the use of residents in the form of the immediately adjacent Gordon River Greenway park, and the Bear's Paw golf course and club facilities immediately to the North. The project will include a direct connection to the Bear's Paw golf course for pedestrian and golf The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 17 of 21 Packet Page-2575- 12/10/2013 17.D. cart use, and residents of the project will be required to acquire memberships to the Bear's Paw Country Club. As a practical matter, the project residents will accordingly have direct use and enjoyment of the vast open space areas within the Bear's Paw community. Additionally, the modest 10% reduction in open space will be mitigated visually by the Alternative Type A Buffer described in Deviation# 8, below, and by an enhanced internal landscape plan. 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 #6 seeks relief from LDC Section 5.03.02.C.b., "Fences and Walls,"which permits walls at a maximum height of 6 feet in the rear and side yards of designated residential components of PUDs, to allow walls at a maximum height of 8 feet in the non-waterfront rear and side yards of the residential lots. Petitioner's Rationale: The applicant states that the justification for this deviation is that the increased wall heights are desired to provide additional privacy for residents given the project location immediately adjacent to the Gordon River Greenway Park and the anticipated public pedestrian traffic associate with the park. The walls will not have an adverse visual impact on adjacent residential and/or commercial uses as they will be located at the project entry (which faces only the park). 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 # ` seeks relief from LDC Section 5.06.02 B.l.b.. "Development Standards for Sign within Residential Districts," which requires signs within residential PUDs to be located no closer than 10 feet from the property line or from the edge of the roadway, paved surface, or back of curb, as applicable, to allow Project entry signage to be set back a minimum of five (5) feet from the property line. Petitioner's Rationale: The applicant states that the justification for this deviation is that the project entry signage will be mounted on the wall facing the Gordon River Greenway Park, which wall will be located approximately 5 feet from the project boundary and the 60-foot wide Access Easement. The wall and signage will effectively meet the LDC setback from the paved surface within the Access Easement because the roadway paved surface will be approximately 10 feet narrower than the Access Easement's 60-foot width. The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 18 of 21 Packet Page-2576- 12/10/2013 17.D. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Amok 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 # 8 seeks relief from LDC Section LDC Section 4.06.02 C.1., "Alternate A: Landscape Buffer," which requires a ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center, to allow a modified Alternate A Landscape Buffer with trees spaced an average of 45 feet on center for that portion of the Project adjacent to the Golden Gate Canal. The equivalent number of trees otherwise required by the 30-foot spacing shall be provided within the Alternative A Landscape Buffer located on the Residential Tract along the Golden Gate Canal. Petitioner's Rationale: The applicant states that the justification for this deviation is that the Type A Buffer along the waterway will block scenic views of the Golden Gate Canal from the project residences, and Developer's proposed Modified Type A Buffer will preserve view corridors while serving as the functional equivalent of the Type A Buffer(and while providing the same number of trees as otherwise required by the Type A Buffer). The proposed alternative landscape buffer will provide buffering to the Manatee Point residences, which are located across the Golden Gate Canal. 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 (NIM): The agentiapplicam duly noticed and held the required NIM on July 23, 2013. For further information.. please see Attachment E. "Neighborhood Information Meeting Notes." COUNTY ATTORNEY OFFICE REVIEW: The Counts Attorney Office has reviewed the staff report for Petition RZ-PL20120002095, revised on October 1, 2013. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition RZ-PL20120002095 to the Board of County Commissioners with a recommendation of approval. The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 19 of 21 Packet Page -2577- 12/10/2013 17.D. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Neighborhood Information Notes The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 20 of 21 Packet Page -2578- 12/10/2013 17.D. PREPARED BY: JAI.At AAk# ALA by 2,0 Xl5 NANCY tip t _CH,AICP, PRINCIPAL PLANNER DATE GROWT r A GEMENT DIVISION REVIEWED BY: 7- 2.5 - i. RAYMI 'D V. BELLOWS, ZONING VNAGER DATE GROWT MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: . ‘ „--,m," -----2 13 MCK'CAS.ALANGUD. ,,ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION The Landings at Bear's Paw RPUD,RZ-PL20120002095 October 2,2013 Page 21 of 21 Packet Page -2579- 12/10/2013 17.D. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) FOR A PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S PAW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO 38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE CANAL SOUTH OF BEAR'S PAW IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 10.75 ± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION RZ-PL20120002095) WHEREAS, John Passidomo, Esquire and William Dempsey, Esquire of Cheffy Passidomo, P.A., representing Headwaters Development Limited Liability Limited Partnership LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described property: and WHEREAS, the Special Treatment zones ST/W-3 and ST/W-4 are not changed by this rezone. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 49 South, Range 25 East, Collier County, Florida is changed from an Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling units and up to 38 boat slips in accordance with Exhibits "A" through "G", Landings at Bear's Paw1RZ-PL20120002095 1 of 2 Rev. 1 0/28/13 Packet Page -2580- 12/10/2013 17.D. attached hereto and incorporated by reference herein. The appropriate atlas map or maps as pow described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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 , 2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQUIRE Chairwoman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A— Permitted Uses Exhibit B— Development Standards Exhibit C— Master Plan (3 pages) Exhibit D— Legal Description Exhibit E— Requested Deviations from LDC. Exhibit F — Developer Commitments Exhibit G — Sidewalk Exhibit Exhibit H— Landscape Exhibit CP\12-CPS-01199\9 Landings at Bear's Paw\RZ-PL20120002095 2 of 2 Rev. 10/28/13 Packet Page -2581- 12/10/2013 17.D. RESIDENTIAL PLANNED UNIT DEVELOPMENT DOCUMENT FOR THE LANDINGS AT BEARS PAW Date of Submittal: October 24. 2013 Prepared by: Cheffy Passidomo, P.A. Packet Page-2582- 12/10/2013 17.D. EXHIBIT A PERMITTED USES No building, structure, or part thereof shall be erected or used within the RPUD, nor shall any portion of the land within the RPUD be used, other than for the following permitted uses and a maximum of 25 residential dwelling units: a. Residential Tract: i. Permitted Principal Uses: 1. Single family detached dwelling units; 2. Single family attached duplex dwelling units; 3. Single family zero lot line dwelling units; 4. Any other use which is comparable in nature with the foregoing list of principal uses. as determined by the Board of Zoning Appeals or Hearing Examiner by the process set forth in the Collier County Land Development Code ("LDC"). ii. Permitted Accessory Uses: 1. Accessory uses customarily associated with residential uses, including but not limited to private recreational single-family boat docks, mooring pilings, boat lifts/davits, swimming pools, spas, and screen enclosures to serve residents and their guests; 2. Recreational facilities such as clubhouses, observation decks, parks, playgrounds, pedestrian walkways. and bicycle paths to serve residents and their guests: 3. Any other use which is comparable in nature with the foregoing list of permitted accessor} uses. as determined h:c.. the Boarc o` Zoning Appeals or Hearing Examine- by the process set tort: it the Collier County Land Development Code(`'LDC"t. b. Amenity Area: i. Permitted Uses: 1. A golf cart path. and uses and structures customarily associated with waterfront residential amenity areas, including but not limited to swimming pools, spas, parking. private recreational single The Landings at Bear's Paw Page 1 of 12 PUDZ-PL20120002095 1 October 24,2013 Packet Page -2583- MIIIMI■-I 12/10/2013 17.D. family boat docks, mooring pilings, boat lifts/davits, picnic areas, and kayak launches to serve residents and their guests;and 2. Any other use or structure which is comparable in nature with the foregoing list of uses and structures, as determined by the Board of Zoning Appeals or Hearing Examiner by the process set forth in the Collier County Land Development Code. c. Golden Gate Canal (as to the Northern 1/2 of the Golden Gate Canal abutting the project): i. Permitted Uses: private recreational single-family boat docks, mooring pilings, boat lifts/davits, and kayak launches to serve residents and their guests. All docks are reserved for the exclusive use of the owners of dwelling units within the RPUD property. No more than ten (10) boat slips may be constructed adjacent to the Amenity Area, no more than two (2) boat slips may be constructed adjacent to each platted single-family water-front lot, and no more than thirty-eight (38) slips may be constructed within the project. Except for any deviations listed in this RPUD Document, all docks and boat slips shall be subject to the requirements of LDC Section 5.03.06 and, to the extent applicable, the Manatee Protection Plan. d. General: The following structures and uses shall be considered general permitted uses throughout the RPUD: i. Essential Services facilities designed and operated to provide water, sewer, gas. telephone, electricity, cable television or communications to the general public,as described in LDC Section 2.01.03; ii. Water management facilities and related structures;and iii. Guardhouses, gatehouses. and access control structures. The Landings at Bear's Paw Page 2 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page -2584- 12/10/2013 17.D. EXHIBIT B DEVELOPMENT STANDARDS The following Development Standards shall apply to all development within the RPUD: I. Residential: The table below sets forth the development standards for residential principal and accessory structures within the RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat: RESIDENTIAL DEVELOPMENT STANDARDS SINGLE-FAMILY DEVELOPMENT STANDARDS SINGLE-FAMILY ATTACHED / DETACHED DUPLEX AND ZERO-LOT-LINE PRI4CPAL STRUCTURES MINIMUM LOT AREA 5,602 .F. 2,800 S.F. MINIMUM LOT WIDTH 40. 20' MINIMUM FL :DR APE/. ,21C F. 1,200 S.F, MINIMUM FRONT YARD SETBACK` 20' 20' MINIMUM SIDE YARD SETHACK : 0' OF S' MINIMUM SEAR YAR-D SETBACK 20 20 MINIMUM DISTANCE BETWEEN STRUCTURE; MAXIMUM BUILDING HEIGHT NOT TO EXCEED 'ACTJAL/ZGI\ED'; ACCESSORY STRUCTURES MINIMUM FF;' T YAF: ET4-,::!< I 1: MINIMUM •`E.A YAR: SETS4 ;t 1: RUILDINC HEIGHT \OT Tw EXCEEL .ACTUAL,`ZONE • F R FRONT E\TRY GARAGE`.:, A MINMV'.M FROM EDGE IF SI'DE'WALY TC: THE ✓APACE MUST E.E I - O\IDE . FOR SIDE EI:TRI GARAGE` THE MINIMUM • SETHAC '=Y E RE[ K:E: Ti The Landings at Bear's Paw Page 3 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page-2585- • ■ •ni. 12/10/2013 17.D. EXHIBIT C CONCEPTUAL MASTER PLAN The Landings at Bear's Paw Page 4 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page-2586- ,- 12/10/2013 17.0. EXHIBIT "C" (1 OF 3) ...— ;I :?lel '1.1i11 -_ ' I • . " 1 ',14L! '•^1 ' ;1 ;•-•!,:-, •',! , fi • ",,.. ! ,gt 1"le-!7•• •;i! , , !!, 1.••• ,,- ,:! • ' _ „ 1 1 . i -.--; a ■-,z . ,..- .:, , _ • I :-..,_ ,1 I ., ,• 0 '- :::,-'------:,,,---.. - ',-,' ,, -■,' I -- .-:-11 It.' 11:1: '..: .,-. '•:_I, g g E 5 ,■ : .,_ ., \ iIs III P .t,7,I- ":I.,:''.,--- ... =I 0, ; ';!:-:I'.7.:,7:F :,' •, : \N ,,, \ , i ,-:-.-,', : ■ .. \,, —,,, w= s \ :g. L, :. i'. '7 S 0 .. :,7 , 7- \''..-■ \ ■;1 ; 7,..-.,'''..:: ,.7' , '' 1 ‘ \ ,•''' . , 7• 7 i II' 'I'• .1.'\\ . 8" `11,•.''' .:4;',.- 2:7. '1••:. —.,-,. ...:E''. 7' 8 Z"i2:•gf7E.1 1 112 7._.-„-.:'fl 8' ..14.--•g._;- I 1''' ,..,•,_ ..- I •,..'i *,"--- ,, ,, .&- - . - - NekI, 7 I,\ .-:-•. „ I . I . , Il H H'I'•N VI, '\ t., .■ _ ,.. I:f. . I ik-11 - r■ ._, , _ , ..4.; • _ ,-. , - ...i.,- , t • I TIT II I \ „\• , , I . -. , _ L \' ' I I . _ - •, ..- 1 .•-I. : . .i• , '1.---\>11A: a .,- za:''---- ' I ,- 1 ::'- "1-0,•:-.I ''' ,, ,,, ".1.gt,z,;• 1 1 I , ...,-■•• I ..' 't . , t.t•''2'.Ei 5 „ .. ,,,,...71..;;:r . _ . Ii ”- 1.:T"4 C77„c17,,..,. _tla,1■Cr,21,7,1 7,5777,C117.0d7b, ; <1 ; . • , ; ■:''..: , ., -.,,.•,,_ z I.z . . _ : I IT'IzcI ,',-,,r1L,,t.',-1, -, c.,...,•,". -' , r,,' , • MATCH LINE , Packet Page -2587- 1 12/10/2013 17.D. EXHIBIT "C" (2 OF 3) 3 ifil 3' r , o l ; In 1 _ 'i; 0 k$ 0!_ Q .1"4 J/y/ LL 1 / w' ;j of Q. _c a WNC an _ �m W3 m w0 �c 1- - T I zoi o W < J a N- + 2 2 Q v v goo qv W, T• ., ^ i _ 1 ' \ I E C O 6 / w. '6-7- i3 a ingOi m. ..Z �=N vi�3 30 pmOC ✓i�w C G 2 ----r'..O Zwww '' (jiii wQ ZCC OZ Sw✓NUG ZS °wZ S x < O- UOR,C=< 4 2 4 U ;J V 4 8L72-,--,,2,-2 0 G p O T Z C O V w '6,,,-=-L,2 OGr G Oat CJ's ¢ J N ° Z Z s-%S < 2 3 :&-L EL o 3<G < -C J 5" .-‘,.1z J 2Ca Z - ›E` ¢E cif', n.-, :t2:--- -, O p i - .o-,35,,' Z _ ( 1 x C• ZG ✓ <2 '''',,,,E-1',' `�O « N N > x -C < <KW C z 1i , > iOv• -J C_°<C LL G O 3 i C - <Z C < `l I, < v, C m Z � � I G• O - C % _ Z2 x O EI 't ` OLEO ° � - O ICS, 0✓- O - C<N C¢5 Cwy ° OGtOi' L1u Z>O: I07=1i °4U° O G` Z�K> g:-2-'-1- Nlu'J O7< 6.2 pu C L 2 OLL r 32 _U ='.9-,,, ' U -c L O gq} x;U ; � C � C _ . n J ,,,'-'=' • J Z._ _ C C._ o wc .0_ SW" zry c >,.,„,g,,? x °L_ x? W c <nxx ° ^c ¢ L L ,o "°° -,36L?z _c'N xoc¢, `' c _ c z FU3 p ry C < j F:4yC5G < ? ''',73>> Z W Fi 2 EE. 2 ,<,-,,s OW• aL Cc ^Z d OY¢.: zI . CC Z a.Y ^_( ON< 'L` G^ x0G0 @i [i.-2 W z Z x Viv z---E G L N 3 x ?_J J- 3Z O 3 O 3 w G K Z V z g",-.5'6'8 o4 ° m ,� _ mQ O <' Q - '57-‹O <Sw U <G✓; G v 7m�Z S V_ Q CC K'-Ww4°o '3: > >OQG O--C -�W¢<< >W Viw >`C<J ;Z Cw?OZ jG3V>..0 OE :I G.wNG O U� G3¢OStnC 01�w GVI�(OYN Om��G¢a c q < C r Q G' 4 Packet Page -2588-II . 12/10/2013 17.D. EXHIBIT "C" (3 OF 3) o a i- i en$5m is I ' \ r _ I S3iavn }; _s _ i { olw n0 'g VZ I _.--- 1 - 'i., 1jZ a -' O W > i z a rp�l0 w i! f° `O UWj F'z 303 z Y p,N.. w Z2 N>a an ry I � z 1 w2� mid wo mr .co 1 >1 s I _ p a <i� zh 1 o - rww aE 80 dQY oLL wy ry 0I--Q g.Q G.. i Wpm .i-oj >¢w >W J`o o CIZZ v� Z<— 'oizzi' I5 : 0 y,c oo Y°ago- C7 5Z NWg mww 0 m K z a,,, g`� �' <02 oSm N ? Z�y O .. . $ C 'Z'ED OO w3 ggF5 w r O z i E§ z a I !__t t s`—� G� a = x Y ', x' 9'1111 0 W 'E N z. — d o�z �s�c$rt» s' < i W 7� I WI " ia= yy �,0 a Z �6 z$ '., lac d 0 Uw0 LT; ow o>< Wi w F i t r',5..i . Z5E (jj I Y <IJI rI-U slaw. ,E D Z z I w O- 1 moo 11 1 <w, 1 r WN Z .1 _ z Z -1s OE d`! lljOC (6A ' 0 Ii_ I t S T -, O! rc ,-S' i — omIO Qwi O-I- -I J z f.." - <aI P. ry _ ` c_, J F - H l .. I�' W n 1 J ■ i / T ¢ m in 1d Wi�� C ¢ n _ i Packet Page -2589- _ 12/10/2013 17.D. EXHIBIT D LEGAL DESCRIPTION IN NORTH NORTH trY- SECTION 35. 7OWNSH:;:' 49 SOUTH, RANGE EAST, BEGIN Ai THE NORTHWEST CORNER OF THE SECTION AND RUN EAST r 38 2 EF HENCE SC;L.IT/-I 64 W475T 7555.06 Fgr.E 7; THENCE NORTH 664..7,7 FEET TO Fi-:; PLACE 0,*-- BEGINNING, COLLIER COUNTY, FLORIDA The Landings at Bear's Paw Page 5 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page-2590- 12/10/2013 17.D. EXHIBIT E LIST OF LDC DEVIATIONS NOTE: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. Deviation # 1 seeks relief from LDC Section 6.06.01.J, "Street System Requirements," which states that dead-end streets are prohibited except when designed as a cul-de-sac, to allow the internal dead-end street to terminate in a "T"junction vehicular turnaround, as generally depicted on the Conceptual Master Plan. Final location and dimensions of the "T"junction shall be determined at the time of site development plan approval, and shall meet local fire district standards. 2. Deviation #2 seeks relief from LDC Section 6.06.01.N, "Street System Requirements," and Appendix B, "Typical Street Sections," which establish a 60-foot width for local roads, to allow a 50-foot wide road in accordance with the internal right of way cross section attached under Exhibit C. 3. Deviation #3 seeks relief from LDC Section 6.06.02A.2., "Sidewalks and Bike Lane Pathway Requirements," which requires sidewalks on both sides of a right-of-way or easement internal to a site, to allow for a sidewalk to be constructed along one side of the right-of-way, including the western terminus of the "T"junction described in Deviation # 1, above. 4. Deviation #4 seeks relief from LDC Section 5.03.06.E.5., "Dock Facilities," which requires dock facilities to have a side setback of 15 feet for dock facilities on lots with greater than 60 feet of water frontage, to allow a 7.5-foot side setbacks for the private single-family community dock facilities located along that section of Golden Gate Canal within the Residential Tract; provided that such slips are parallel to (rather than perpendicular to)the shoreline. 5. Deviation #5 seeks relief from LDC Section 4.07.02.G.1.. "Open Space Requirements," which requires that PUD districts composed entirely of residential dwelling units and accessory uses to devote at least 60 percent of the gross area to usable open space. to allow at least 50 percent of the gross area to be devoted to usable open space; provided. However. that landscaping internal to the project shall b.: provided in substantial conformity with the conceptual enhanced landscape plan attached hereto as Exhibit H. 6. Deviation #6 seeks relief from LDC Section 5.03.02.C.b.. "Fences and Walls." which permits walls at a maximum height of 6 feet in the rear and side yards of designated residential components of PUDs.to allow walls at a maximum height of 8 feet in the non- waterfront rear and side yards of the residential lots. 7. Deviation #7 seeks relief from LDC Section 5.06.02.B.1.b.. "Development Standards for Signs within Residential Districts," which requires signs within residential PUDs to be The Landings at Bear's Paw Page 6 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page -2591- 12/10/2013 17.D. located no closer than 10 feet from the property line or from the edge of the roadway, paved surface, or back of curb, as applicable.to allow project entry signage to be set back a minimum of five (5) feet from the property line. 8. Deviation #8 seeks relief from LDC Section 4.06.02.C.1. "Alternate A: Landscape Buffer," which requires a ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center, to allow a modified Alternate A Landscape Buffer with trees spaced an average of 45 feet on center for that portion of the project adjacent to the Golden Gate Canal. The equivalent number of trees otherwise required by the 30-foot spacing shall be provided within the Alternative A. Landscape Buffer located on the Residential Tract along the Golden Gate Canal. The Landings at Bear's Paw Page 7 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page -2592- 12/10/2013 17.D. EXHIBIT F LIST OF DEVELOPER COMMITMENTS I. PUD Monitoring: One entity (hereinafter the "Managing Entity") shall be responsible for PUD monitoring until close-out of the RPUD, and this entity shall also be responsible for satisfying all RPUD commitments until close-out of the PUD. At the time of this RPUD approval, the Managing Entity shall be Headwaters Development Limited Liability Limited Partnership, LLLP, a Florida limited liability limited partnership (the "Developer"). Should the Managing Entity desire to transfer the monitoring and related commitments to a successor entity, then it must provide a copy of a legally binding document 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 Developer sells off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the RPUD 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 RPUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of RPUD commitments. II. Utilities: Potable water distribution and sewage collection and transmission systems shall be constructed throughout the RPUD by the Developer. Potable water and sanitary sewer constructed within platted rights of way or within City of Naples utility easements shall be conveyed to City of Naples pursuant to the LDC. III. Transportation: a. Access to and from the RPUD and the Golden Gate Parkway right of way is provided by the Right of Way Easement Agreement recorded in Official Records Book 4097, Page 661. as amended in Official Records Book 4535. Page 2342. both of the Public Records of Collier County, Florida (the "Access Easement"). and Developer shah be responsible for fulfilling its obligations under the Access Easement. No later than sixty (60) days after approval of this RPUD, an amendment to the Access Easement between Developer and the County shall completed, signed, and recorded to: 1. Provide terms for maintenance of the improvements within the Access Easement; 2. Provide continuous access over the Access Easement to the County; 3. Permit the construction of a private entry gate within the Access Easement (to be constructed and maintained by Developer, or the homeowner's association described in Section V, below), so long as that portion of the Access Easement over which access is limited by the entry gate is not open to the public or publicly maintained; and 4. Require construction of The Landings at Bear's Paw Page 8 of 12 PUDZ-PL20 1 20002095 October 24,2013 0 Packet Page-2593- 12/10/2013 17.D. Developer's connection between the RPUD and Golden Gate Parkway. Infrastructure internal to the RPUD (not including roads) may be public, private, or a combination of public and private. Roads internal to the RPUD shall be private. b. Prior to issuance of the first certificate of occupancy for any dwelling unit, Developer shall construct a single sidewalk connection between the RPUD and Golden Gate Parkway. Two alternative scenarios may be proposed for the sidewalk connection: i. Default Option: Developer shall construct a sidewalk within the Access Easement from the RPUD entrance to the shared project entrance with the Gordon River Greenway Park; or ii. Alternative Option: At the discretion of the County Parks and Recreation Department and in lieu of the Default Option, the Developer may elect to connect to the Gordon River Greenway Park asphalt sidewalk that runs north south parallel and adjacent to the Access Easement ("County's sidewalk segment"), provided that the necessary access rights are conveyed to Developer, and — to the extent required by law — the entire sidewalk segment from the RPUD to the Golden Gate Parkway right of way is made to be ADA compliant at Developer's cost. The proposed connection is at or near the southern end of the County's sidewalk segment, as shown on the attached Sidewalk Exhibit, with all design, construction and permitting costs to be paid by Developer. If this option is exercised: 1. Final approval of the sidewalk interconnect plans shall be subject to review and approval by County Parks and Recreation staff, in addition to the appropriate Collier County Growth Management Division staff; and 2. The Developer, its successors and/or assigns (which may include the homeowner's association described in Section V, below), shall bear a proportionate fair share responsibility for maintenance of the County's sidewalk segment in perpetuity. c. Developer and its successor(s) and/or assign(s) (which ma• include the homeowner's association described in Section V. below) shall be responsible fo- al] operation'and maintenance of the internal RPUD roadways. sidewalks or their appurtenances. and Collier County shall have no responsibility for maintenance of any such roadways. The foregoing operation and maintenance obligations include the Access Easement, except that portion of the Access Easement that provides shared access to the Gordon River Greenwav Park. d. Developer shall not deprive the County Parks and Recreation Department of use of the Access Easement for purposes of maintaining the Gordon River Greenwav Park or any of its related features or appurtenances. The Landings at Bear's Paw Page 9 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page-2594- 12/10/2013 17.D. e. Prior to issuance of the first building permit for any structure in the project, Developer shall pay the County (Parks and Recreation Department) one-half of the total sum of$140,365.20 as reimbursement for %Z of its fair share of the funds expended by Collier County for construction of roadway improvements within the Access Easement. The remaining '/ balance (or $70,182.60) shall be due and payable to the County (Parks and Recreation Department) prior to issuance of the first certificate of occupancy for a dwelling unit. IV. Environmental: Pursuant to LDC Section 3.05.07H.1.f.i. and iii., Developer shall satisfy all of its on-site native vegetation preserve requirement by making a monetary payment to Collier County in the amount of $103,255.00. The payment amount is based on the allocation of the $1,500,000.00 purchase price paid by Developer for the RPUD to the .74 acre area of native vegetation that would otherwise be preserved onsite. The payment shall be made prior to final site plan and/or plat approval, whichever is earlier. Developer, its successors and/or assigns (which may include the homeowner's association described in Section V, below), shall be responsible for maintenance of improvements located within that portion of the Golden Gate Canal within the project boundary, as depicted on Exhibit C. V. Planning and Common Area Maintenance: Prior to issuance of the first residential certificate of occupancy, Developer shall establish a homeowner's association, which shall be responsible for maintenance of the RPUD common areas,water management areas, community infrastructure, improvements within the Access Easement,and internal roadway. VI. Miscellaneous: A certified archaeologist will be onsite during all excavations to monitor for the presence of historical and/or archaeological artifacts or resources. The Landings at Bear's Paw Page 10 of 12 PUDZ-PL20120002095 October 24,2013 Packet Page -2595- -rnagalus a wag RA,. 12/10/2013 17.D. SIDEWALK EXHIBIT The Landings at Bear's Paw Page 1 1 of 1.2 PUDZ-PL20120002095 October 24,2013 Packet Page-2596- 12/10/2013 17.D. Y . .�.3.. i Sren..- Mt— yc IS$ _ f< a is sic *� s 1. A ^M 1 i% :".v.�� ', a v\ s - 17°`.. ''S s:.�.�8 ",. 37,r. ,* • • w— - ` - �I ".r ° � n _-- �� - 1 .l J7Tiuu :- F ,s �; 'lam—. 7-/- co Z } • ..' 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EXHIBIT "C" (3 OF 3) 12/10/2013 17.D. Tx io g wwvQ`; - ' iY n mom, z� I° ° dp 1 Z sco ore'Is l ; S3W A \ Y Y Y Q V < I m ~ m m I K Z U w d� N V1 1/I I j � 3 U� z _ U LI-j a< a< oN I �omaN Y ❑ I I m m Ow g7-s � L I J N }Z 0 °o v J 1 ❑ .i-12 ¢w 1 r Q F, I-H o W O� Z 171 o I f ' ( z J z a° ° z I l c� J O 2❑ n <oPZ � �z z z z ° Uw wFaW Jz m r a < a'W 0 Z2 z a5 "' o in I W w° ~ m=d m w e w O E ❑ f'F w U I 7 z O§5 aQl- zM< z F W W z O I I o N J)J� Zo W I dQ a w l O� V m m— L J m w` r 1 j z Z pi >,_ W og o boo N o Z a Z z w z R'c �wo� U� J oo�;.ama� =Z U'w N°O N ❑C 2 Et a� Z d N zUwa� <0z ,OWEN ct W O Q Z J H a , i _t_ ,I-0 ,u""->o.'4'Z t i i',' Y I r � — X W d 2 Ui ° ❑W O zo=- o O W Z ZsNi 'm m m I > m _1 cc <c m ? Z � � 3 Q > Z ao z` '-z3 u I z¢ f o . E �tt Uwp m - n Z t z 61.1 S3121VP c Y U O Z I d I a } =C I t- Hd 1 c w O Z °W W C r r 0 -j ❑ C i I. c z< V: z Zz2 al - zwZ w 0 �a�a, Q3 Z Wz' m oo� 5'm _w c c ''IF, LC '7 as a< C N'4 �, < - W�' z 1a < I� I T o° I T I OQ r2 >° r � i I QW 52 oN - N N J❑ 2= E4 ° : < } O J z`` z z > a O - -- z z W J Q U N N o 1 1 S3121VA a 8 U W w z 2 I_ i 1L < d J w o N t i i Z 3 z z w 3 w p -' z m N < I 11 N p w Z U W< O Q W U r O 3�� `Packet Page-2604- 12/10/2013 17.D. From: Will J. Dempsey To: SuleckiAlexandra Cc: "Kevin Kina"; Paul Hatcher; Grea Wardebera; THallClaturrell-associates.com Subject: Landings at Bears Paw Date: Friday,November 15,2013 7:36:16 AM Good morning Alex. As a follow up to our conversation of yesterday, I'm writing to confirm that the Landings at Bear's Paw PUD developer is committed to making a payment to Conservation Collier in the amount of$103,255.00 as part of our rezone. This payment amount was stipulated as part of the October 17 Planning Commission recommendation for approval as an alternative to acquiring and donating land in Eastern Collier County to Conservation Collier. Prior to the October 17 Planning Commission hearing, our submittal documents provided for the following with regard to onsite native vegetation preservation: • Acknowledgement that.74 acres of onsite vegetation qualified for preservation. • Commitments by the Landings developer(pursuant to the corresponding LDC provisions)to either: o Acquire and donate land to the County for conservation purposes pursuant to LDC 3.05.07H.1.f.iii.b). We calculated the estimated cost of this option at around $50,000; or o Make a monetary payment to Collier County pursuant to LDC Section 3.05.07H.1.f.iii.a). We were advised that the payment in lieu amount is $168,500.00. As a practical matter, the developer could not justify choosing the $168,500 payment in lieu over the $50,000+/- land donation alternative. The $168,500 amount had no rational basis in terms o= the value of the .74 acre preserve, and more tnan three times as costly as the and donation alternative. The developer accordingiy nrepared in earnest to satisfy its obligation through the acquisition and donation or suitable propertr.. As an asiae, the existing mangroves within the Golden Gate Canal were always planned to be preserved and we accordingly sought equivalent uplands property in Winchester Head to acquire and donate. Planning Commission Chairman Strain suggested an equitable payment alternative with a sound rational basis: To calculate the payment in lieu based on the pro-rata allocation of the acquisition cost of the overall site to the .74 acres. The 10.75 acre parcel cost$1,500,000.00 to acquire, which results in a pro-rata valuation of$103,255 for the .74 acres. This is more than double the estimated cost of acquiring and donating equivalent land to the County. We agreed to this alternative at the Planning Commission hearing, have incorporated the payment obligation into the project governing documents, and look forward to proceeding on this basis. Atikkr As a practical matter, the Developer will always select the land donation alternative if forced to decide between that option and a $168,000 payment. We hope this explanation suffices, and please Packet Page-2605- 12/10/2013 17.D. feel free to contact me directly should you wish to discuss the matter in advance of your Monday hearing. P.s.,the Planning Commission recommendation for approval includes a recommendation that the funds be earmarked for acquisition of the CDC Parcel. We support that recommendation as well, although we appreciate the fact that the funds may be used elsewhere if available Greenway/Conservation Collier funds are insufficient to pay the CDC Parcel asking price. Many thanks Alex, Will J. Dempsey Florida Bar Board Certified Real Estate Lawyer CHEaFFY PASSIDOMO Cheffy Passidomo, P.A. anaxrt's nr «V 821 5th Avenue South Naples, FL 34102 (239) 261-9300 telephone (239) 261-9782 facsimile wjdempseyCg napleslaw.com www.napleslaw.com - Pm • 7r 4 4 tA 14'0 ctc sM This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us(collect) at 239-261-9300 and delete this message immediately from your computer.Any unauthorized review, use,retention,disclosure,dissemination,forwarding, printing or copying of this e-mail is strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. Packet Page -2606- 12/10/2013 17.D. • 28D D Wednesday, November 20, 2013 )) NAPLES DAILY 'NEWS • • • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday,December 10,2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299.Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00.A.M. The title of the proposed Ordinance is as follows: AN 'ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NO. 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT. CODE, WHICH ESTABUSHED 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 AN AGRICULTURAL (A) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD)ZONING•DISTRICT WITHIN WELLFIELD RISK'MANAGEMENT .SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4(ST/W-3 AND ST/W-4)FOR A PROJECT TO BE KNOWN AS THE LANDINGS AT BEARS•PAW RPUDJO ALLOW CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO 38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE CANAL SOUTH OF BEAR'S PAW IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA CONSISTING OF 10.75 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE.'(PETTTION:RZ-PL20120002095) 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 materials intended to be considered by the � Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the .testimony and evioence upon which the appeal is bases If you are a person with a disability who needs any accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listenino devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk (SEAL) November 20 2013 No 2007230 • Packet Page -2607-