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Agenda 12/14/2010 Item # 8B Agenda Item No, 88 December 14, 2010 Page 1 of 110 EXECUTIVE SUMMARY PUDA-2007-AR-11961: Voila, II, LLC, represented by Margaret Perry, of WilsonMiller, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting an amendment to Sonoma Oaks Mixed Use Planned Unit Development (MPUD) to allow a maximum of 114 residential dwelling units and/or a maximum of 456 senior housing units on the residential portion and up to 120,000 square feet of commercial development and/or senior housing units at a FAR of 0.60 on the 8.93 acre commercial portion of this 37.5:1: acre total project. Senior housing units include independent living facilities, assisted living facilities and/or skilled nursing facilities. The subject property is located on the west side of Collier Boulevard (CR 951) between Wolfe Road and Loop Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Co !lier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: This PUD Ordinance proposes, on the residential portion, to allow a maximum of 114 residential dwelling units (112 units are currently allowed); or a maximum of 456 Independent Living Units (ILF), Assisted Living Units (ALF); or a Continuing Care Retirement Community (CCRC) that eonsists of any eombination of those uses along with skilled nursing units. In lieu of either of those development scenarios, the residential portion of the property could be developed with some combination of the singlc-family and/or multi-family residential dwelling units and the other uses-ALF, ILF, CCRe. The PUD document includes a conversion factor that would reduce the residential units by one unit for every four ALF, ILF or CCRC that might be developed. In the 8.93010 acre commercial portion of this 37.5010 acre total project, the petitioner proposed to allow a maximum of 120,000 square feet of commercial development (also the current allocation); and add Independent Living Units (lLF), Assisted Living Units (ALF), or a Continuing Care Retirement Community (CCRe) that consists of any combination of those uses along with skilling nursing units, Any lLF. ALF or CCRC use would be developed at a floor area ratio (FAR) of 0,60. The lLF, ALF and CCRC development is not included in the 120,000 square feet of commercial development. - Senior housing units include independent living facilities, assisted living facilities and/or skilled nursing facilities. Please see the attached staff report for a detailed analysis of this proposed PUD amendment. PUDA-2007-AR-11961, Sonoma Oaks MPUD Revised 11/9/10 BCC Hearin9 Date 12/14/10 Page 1 0[5 Agenda Item No, 88 December 14, 2010 Page 2 of 110 FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building pennit review fees, Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is dircctly 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: The subject site is designatcd Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) in the GMP, Comprehensive Planning Staff has reviewed this petition and has found it consistcnt with the applicable policies of the Future Land Use Element. A detailed analysis of the project's consistency with the FLUE, and any other relevant GMP Elements is contained in the attached StafT Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This item was heard by the CCPC at the October 2], 201 0 hearing, and by a vote of 6-1 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the conditions proposed in the draft ordinance, Commissioner Caron did not support the approval motion citing that she thought that the proposed maximum zoned building height of 61 feet in the commercial portion of the project for thc Continuing Care Retirement Center (CCRC) was out of character with the neighborhood. On November 5,2010, the applicant's agent submitted a revised Exhibit B-2, Commercial "C" Subdistrict Standards (copy attached), seeking to reduce the maximum building height for lLF/ALF/CCRC/Skilled Nursing uses "from 61 feet zoned height or 69 feet actual height to 42 feet zoned height. The letter submitted by the petition (copy attached) indicates that this change was made as a result of comments made at the CCPC hearing on October 21, 2010." Staff has no objection to the proposed change, but the change was not revicwed by the CCPe. Because the CCPC approval recommendation was not unanimous, this petition cannot be placed on the Summary Agenda, LEGAL CONSIDERATIONS: This is a site specific rezone from a Mixed Use Planned Unit Development Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the PUDA-2007-AR-11961, Sonoma Oaks MPUD Revised 11/9/10 Bee Hearing Date 12/14/10 Page 2 0[5 Agenda Item No. 8B December 14, 2010 Page 3 of 110 Sonoma Oaks MPUD. 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 thc listed criteria bclow, Criteria for MPUD Rezones Ask yourself the followillg que,\,tiOlls. The allswers assist you ill makillg a determillatioll for approval or Ilot I, 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 suiiability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made on~y after eonsultation ",ith the County Attorney. 3, Consider: Confonnity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, 5, Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6, Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and pri vate, 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion, 8, Consider: Confonnity with MPUD 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? PUDA-2007-AR-11961, Sonoma Oaks MPUD Revised 11/9/10 Bee Hearing Date 12/14/10 Page 3 of5 Agenda Item No, 8B December 14, 2010 Page 4 of 110 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? I L Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13, Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary, 14, Will the proposed change adversely influence living conditions in the neighborhood? 15, Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise aJfixt public safetl) ] 6, Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20, Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare, 21. Are there substantial reasons why the property cannot ("reasonably") be used 111 accordance with cxisting zoning? (a "corc" 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 penni tting 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 MPUD rezone on the availability oladequate public facilities and services consistent with the levels of PUDA-2007-AR-11961, Sonoma Oaks MPUD Revised 11/9/10 BGe Hearing Date 12/14/10 Page 4 of 5 Agenda Item No, 88 December 14, 2010 Page 5 of 110 service adopted in the Collier County Growth Management P,lan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.! 06, artIl], as amended, 26. Are there other factors, standards, or criteria relating to the MPUD 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 cornpetent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, Ictters from interested persons and the oral testimony presented at the BCC hearing as these items relate to thesc criteria. The proposed Ordinance was prepared by the County Attorney's Office, This Executive Summary has heen reviewed for legal sufficiency and is legally sufficient for Board action, (HFAC) RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance, PREPARED BY: Kay Deselem, AICP, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: I) Applicant's agents November 5, 2010 letter and revised Exhibit B-2, Commercial "C" Subdistrict Standards 2) Staff RepOli 3) Ordinance 4) Application PUDA~2007-AR-11961, Sonoma Oaks MPUD Revised 11/9/10 Bee Hearing Date 12/14/10 Page 5 of5 Item Number: Item Summary: Meeting Date: Agenda Item No. 88 December 14, 2010 Page 6 of 110 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B This item requires that all participants be sworn in and ex parte disclosure be proVided by Commission members; PUDA-2007-AR-11961, Voila, ii, LLC, represented by Margaret Perry. of WilsonMiller, Inc, and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P,A., is requesting an amendment to Sonoma Oaks Mixed Use Planned Unit Development (MPUD) to allow a maximum of 114 residential dwelling units and/or a maximum of 456 senior housing units on the residential portion and up to 120,000 square feet of commercial development and/or senior housing units at a floor area ration (FAR) of 060 on the 8,93 acre commercial portion of this 37,5 acre total project. Senior housing units include independent living facilities, assisted living facilities and/or skilled nursing facilities. The subject property is located on the west side of Collier Boulevard (CR 951) between Wolfe Road and Loop Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida,(CTS) 12/14/20109,00,00 AM P,'epared By Kay Deselem, AICP Community Development & Environmental Services Planner, Principal Date Zoning & Land Development Review 9/22/20089:34:14 AM Approved By Nick Casalanguida Transportation Division Director ~ Transportation Planning Date Transportation Planning 11/17/20102:17 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services 11/17/20102:55 PM Approved By Ray Bellows Community Development & Environmental Services Manager ~ Planning Date Zoning & Land Development Review 11/18/20106:14 PM Approved By William D. Lorenz, Jr., P .E. Community Development & Environmental Services Director - COES Engineering Services Date Engineering & Environmental Services 11/20/201011:00 AM Approved By Norm E. Feder, AICP Transportation Division Administrator ~ Transportation Date Transportation Administration 11/22/20109:47 AM Approved By Agenda Item No, 88 December 14, 2010 Page 7 of 110 Heidi F. Ashton Section ChleffLand Use-Transportation Date County Attorney County Attorney 12/1/201012,39 PM Approved By OMS Coordinator Date COllnty Manager's Office Office of Management & Budget 12/1/20103:30 PM Approved By Jeff Klatzkow County Attorney Date 12/2/20109:09 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Mana~lers Office 12/5/20102:54 PM Agenda Item No, 88 December 14, 2010 Page 8 of 110 WilsanMiller .. ~ Stantec 3200 Bailey Lane, Suite 200 Naples. FL 34105 Tel (2'19) 649-40,10 November 5,2010 Ms. Kay Deselem, AICP, Principal Planner Zoning Services - Land Development Services Department Growth Management Division - Planning & Regulation 2800 North Horseshoe Drive Naples, FL 34104 RE: Sonoma Oaks MPUD - Revised Exhibit B-2 Dear Ms, Deselem: Enclosed please find revised Exhibit 8-2, Commercial "C" Subdistrict Development Standards for Sonoma Oaks MPUD, The maximum building height for ILF/ALF/CCRC/Skilled Nursing has been changed from 61 feet zoned height or 69 feet actual height to 42 feet zoned height. This change was made as a result of comments made at the CCPC hearing on October 21,2010, Please include this exhibit with your backup materiai for the BCC hearing on December 141h. Thank you for your assistance, and if you have any questions, please contact me or Rich Y ovanovich, Sincerely, / (,r I Margaret Perry, AICP Senior Project Manager, Planning cc: Rick Armalavage Rich Yovanovictl \11',')010. ??1031.V", 1 . MI'EflflV ;;',s.n,jllO-OIl<' PPH$. ~J:UlnG Agenda Item No, 8B December 14, 2010 Page 9 of 110 EXHIBIT B-2 COMMERCIAL "C" SUBDISTRICT DEVELOPMENT STANDARDS MINIMUM LOT AREA MINIMUM LOi'-""'IDTH MINIMUM YARDSJExlernall From Wolfe Road From Collier Blvd, !'rom Loop Road. MINIMUM YARDS (Inte~"aIJ Inlernal Drives/ROW I~ear Side Lakes PRESERVE SETBACK MIN, DiSTANCE BETWEEN. STRUCTURES ...-i.PRINCipAL USES Ti\c.cESSORY USES. ILF!ALF/CC.RClsKiLLED NURSING N/A N/A .._.__.____~.,__~.,___.. __...__ ~_...__.M_______._ N/A N/A _.._--_.----_."-_.._--~- ------. 10,000 5gFt 1001'1. 251'1 25 Ft 25Ft SPS 25Ft. ..,-----~----- 50FL 25Ft. SPS -----------."..-.--,- 15 FI 101'1 10Ft 25Ft 25 Ft 10 ft or~; the sum of Ihe zoned building heights'. o 1'1 ---- -------15 Ft. 10 'Ft. .-- -'---"--~-To Fr---'-- - ---------- . --.-,--_._-- -.---..--.-- 10 Ft 10Ft ...._.,.._~-_.__. - 10Ft. 25Ft. .--.-----, '-',,_-~_,_-----~-------- -10 Ft. 25Ft -.--..... -- 1'b--F-t - ------..- ~-1b ft. or ~fth.e"sum-onhe- zoned bUilding heights' I MAX BUILDING HEIGHT I NOT TO EXCEED I Relail Burldmgs'" Office Buildings'" I _n- _ .. , Combination Retail and i Olliee'" i ILF/ALF/CCRC/Skllled i Nursiny'" I -- 1".~:~~~~6sL~EERA~~~tE= I ~1~fMiTM FLOOR AREA- I RATIO . Wfllcllever is greater .. Per principal structure, on the finished first floor, Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a mmimum floor area of twenty-five (25) square feet and shall adhere to the development standards listed in accessory uses above, ... Actual height, as defined In the LOC shall not exceed 50 feet. i ".i i 42 ft ZI-I 42 It ZI-I 42 It 11-1 t>4,.feef~~r-99.feel-Af,! 42ft .Qj ______~.._____._ ___.m _ ..._.__._ _"'_"'_~_'___'__'_~'___ 42 ft 11-1 N/A . -.". ..~_.- --.-----------.- 42 ft, ZH N/A ____"_....._M__'_ _. ,__.____,.___..._. __"..._____ 42 It ZH N/A N/A N/A 1000SgFL:: 20,000 Sq. Ft N-~-f-€g Z-H -Gr.e9f-€E-:r.,o.f,! 42 It. ZH -.------.- --.,.-...-...----... - --- N/A N/A ".. -N/A----- ---.-- '-NiA---- N/A NIA 06 SPS = same as principal structure BH = Building Height ZH = Zoned Height AH '" Actual Height ReVised November 5, 2010 Sonoma Oaks MPLJD Page 10 of 15 Agenda Item No, 8B December 14, 2010 AGENOKl'nfi.ll1j-Af 110 Co1N'~r County '- ~-- -' .... STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: OCTOBER 21, 2010 FROM: SUBJECT: PUDA-2007-AR-11961; SONOMA OAKS MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER & APPLICANT/AGENT: Owner/ Aoolicant: Voila II, LLC c/o Todd Dubovy, Bessemer Trust 2240 Venetian Court Naples, FL 34109 Agents; Margaret Perry, AICP WilsonMiller/Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 Richard D. Yovanovich, Esquire Coleman, Y ovanovich and Koester, P.A. 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPe) to consider an application for an amendment to the Sonoma Oaks Mixed Use Planned Unit Development (MPUD). This project was approved with two separate development areas-a residential component on the west side of the internal roadway, and a commercial component on the east side of the internal roadway. That development plan is not proposed to change in this amendment. This amendment seeks on the residential portion to allow a maximum of 114 residential dwelling units (112 units are currently allowed); or a maximwn of 456 Independent Living Units (ILF), Assisted Living Units (ALF); or a Continuing Care Retirement Community (CCRe) that consists of any combination of those uses along with skilling nursing units. In lieu Sonoma Oaks, PUDZ-2007-AR-11961 October 21,2010 CCPC Revised 10/5/10 Page 1 of 18 .~..,.".__._,".~ Agenda Item No, 88 December 14, 2010 Page 11 of 110 of either of those development scenarios, the residential portion of the property could be developed with some combination of the single-family and/or multi-family residential dwelling units and the other uses-ALF, ILF, CCRC. The POO document includes a conversion factor that would reduce the residential units by one unit for every four ALF, ILF or CCRC that might be developed. In the 8.93 acre commercial portion of this 37.5"= acre total project, the petitioner proposed to allow a maximum of 120,000 square feet of commercial development (also the current allocation); and add Independent Living Units (lLF), Assisted Living Units (ALF), or a Continuing Care Retirement Community (CCRe) that consists of any combination of those uses along with skilling nursing units. Any ILF, ALF or CCRC use would be developed at a floor area ratio (FAR) of 0.60. The ILF, ALF and CCRC development is not included in the 120,000 square feet of commercial development. GEOGRAPmC LOCATION: The subject property is located on the west side of Collier Boulevard (CR 951) between Wolfe Road and Mission Hills Road, in Section 34, Township 48 South, Range 26 East, Naples, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRlPTION OF PROJECT: The subject property is comprised of three separate tax parcels; the portion of the middle parcel nearest Collier Boulevard was cleared and was used as a nursery, the northerly parcel has been cleared but is undeveloped; the southerly parcel contains the largest concentration of vegetation and is also undeveloped. The original MPUD rezoning was approved on November 15, 2005, with the adoption of Ordinance Number 2005-61. That ordinance approved a mixed used POO that would allow development of a maximum of 112 dwelling units on the western portion of the site (28.1ll acres), and a commercial development on 9.38"= acres allowing a maximum of 120,000 square feet of mixed office and retail uses. The two portions of the project would be bisected north to south by a roadway that would connect Wolfe Road to Mission Hills Boulevard. Access to parcels within the site would be from the north-south road to Wolfe Road and Mission Hills Boulevard. A right-in/out connection to Collier Boulevard was also contemplated. Currently the petitioner seeks to repeal Ordinance Number 05-61 by adopting a new ordinance that allows the uses noted previously. The petitioner is seeking one deviation as part of this POO amendment petition. The petitioner proposes the following changes to the residential portion of the project: · Add the following uses: independent living units (lLF), assisted living units (ALF), continuing care retirement community (CCRC), and skilled nursing units; and · Add more specificity for accessory uses from original to replace the original general statement to allow uses customarily associated with permitted uses; and Sonoma Oaks. PUDZ-2007-AR-11961 Page 2 of 18 October 21, 2010 CCPC Revised 10/5/10 08 C~ ~ w :;)\1 :J~ , <( ~ , <( Oil 0 a.x a." 0 a:~ :i:i :;)~ :;) a.~ . a. ! . --- _._0._. -- l'L'N'i:l . ~." 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Changes to residential development standards are proposed: o Add standards for ILF, ALF, CCRC, skilled nursing (max height 61 feet or 69 feet actual height); and o Decrease the multi-family minimum floor area from 1,000 square feet to 750 square feet; and o Increase the multi-family maximum building height from 45 feet to 61 feet (or 69 feet actual height); and o Reduce the side yard setback for single-family attached and detached dwelling units from six feet to 5 feet; and o Reduce the distance between structures from 12 feet to 10 feet; and o Add the ability to reduce the side yard setback as long as the distance between principal structures is a minimum of 10 feet. The applicant's agent wishes to add the following uses to the commercial portion of the project: establishments primarily engaged in rendering services to businesses on a contract or fee basis for advertising agencies; adjustment and collection services; credit reporting services; mailing/reproduction/commercial art; medical and dental laboratories; miscellaneous health and allied services; ILF, ALF, CCRC and skilled nursing uses. Additionally the petitioner proposes to revise the commercial development standards such that retail uses would no longer be limited to one story, but still be limited to 42 feet (zoned height). The Master Plan for the proposed amendment depicts generalized areas of development and traffic circulation. Notes on the Master Plan reinforce the petitioner's intention to comply with code for open space, road construction, landscaping, and project design. SURROUNDING LAND USE AND ZONING: North: Wolfe Road, then Palermo Cove, a 131-acre, developing residential project approved at a density of four units per acre, with a zoning designation of POO. Building height limitations for this project include a maximum of 2 stories/35 feet for single-family attached, townhouse, patio homes, villas, and clubhouse/recreational buildings; and 3 stories/45 feet for multi-family dwellings (Ordinance # 06-30). East: Collier Boulevard (CR 951), then Agriculturally used and zoned lands, and the Boxwood RPOO, an undeveloped residential project approved at a density of 6.97 dwelling units per acre, with a zoning designation ofPUD. Building height limitation for all uses in the Boxwood RPUD are 25 feet within two stories height as zoned, but not to exceed 35 feet actual height (Ordinance # 07-55). South: Mission Hills Boulevard, then the Mission Hills Shopping Center, with a POO zoning designation West: Black Bear Ridge, Phase I, a developing single-family subdivision within the Wolf Creek residential project approved at a density of 3.99 units per acre, with a zoning designation of PUD. Building height limitation for principal uses within this project are 35 feet and two stories for all uses except for multi-family uses which can be 38 feet and 2 stories (Ordinance #07-46). Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5110 Page 3 of 18 Agenda Item No. 8B December 14, 2010 Page 15 of 110 GGf":J c SCr~OM OAKS ~ ~ WOLF CRECK MISSION HILLS HOxwOOfJ I:JUCKS RJN \11$$lu", CHURet. Excerpt from the PUD Map ~,.',..,,'._",.", . ..'...., ;:.i : ,": .i," ~;:,;. ~ I.'.' ;;"':,;;:: I ,~ :, "",',"w' ,: ~i^" it"" ,',,;; I ~:\ ,., ' I' .,.... Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): lbe subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) in the GMP. The existing POD was deemed consistent IUlder the auspices of the Office and In-fill Commercial (0lC) Subdistrict; no substantial changes to the commercial portion of this PUD are proposed as part of this petition, therefore that consistency fmding recommendation has not changed. Based upon the project's location, Sonoma Oaks may be eligible for up to 7 dulac., when affordable-workforce housing bonuses are pursued. No bonuses are pursued, so the eligible density equates to the base density. Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5110 Page 4 of 16 Agenda Item No, 88 December 14, 2010 Page 16 of 110 37.5 ac. total - 8.93 ac. Commercial = 28.57 ac. to calculate residential density Eligible Density 4 dulac. x 28.57 ac. = 114.28 du The base density of 4 units per acre (114 du total) is the total residential density proposed. Staff believes the project is consistent with FLUE Objective 7 and subsequent Policies 7.1 through 7.4 regarding Smart Growth principles for interconnections, loop road, sidewa1ksltrails, and various other Smart Growth principles. A complete analysis is the May 25, 2010 memo from Comprehensive Planning staff. A copy of that memo is attached. Sonoma Oaks. PUDZ-2007-AR-11961 October 21. 2010 eepe Revised 10/5/10 Page 5 of 18 .~--'. ~ Agenda Item No. 8B December 14, 2010 Page 17 of 110 Transportation Element: Transportation Division Planning staffhas reviewed the PUD Traffic Impact Statement (TIS) included in the application back-up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5. I. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically note that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. Transportation Planning staff has reviewed the Sonoma Oaks PUD Amendment and has determined that the proposed amendments do not present an additional impact on the adjacent roadway network. As such, the roadway network has sufficient capacity to accommodate this project within the 5-year planning period, and staff recommends that this project be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Please note that the proposed development scenario's all demonstrate a net reduction of impacts to the adjacent roadway network when compared to the currently adopted zoning. Although significant impacts are proposed by this zoning, these proposed changes demonstrate a reduced maximum impact than the previously approved development scenario(s). In order to address and clarifY the introduction of new land uses into this zoning district, and to allow flexibility in the land use scenarios that are allowed (without allowing the maximum trip generation to increase), Transportation Planning staff offers the following stipulation to accompany any recommendation of approval: The development within this project shall be limited to 583 two-way, PM peak hour trips (correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated April 12, 2010); allowing for flexibility in the proposed uses without creating u'1foreseen impacts on the adjacent roadway network For purposes of calculation of the weekday PM peak hour trip generation for this P UD, the lesser of the weekday PM peak hour trips as calculated in the Institute of Traffic Engineer's (lTE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current lTE Trip Generation Report shall be utilized. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the application for an amendment to the approved PUD and has determined that the proposed PUD document complies with all applicable GMP and LDC provisions regarding conservation, native vegetation preservation and potential listed species impacts. Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 eepe Revised 10/5/10 Page 6 of 18 Agenda Item No. 86 December 14, 2010 Page 18 of 110 GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A fmding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as ind,icated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. This petition was not required to submit a new Environment Impact Statement (EIS) because the EIS submitted with the original rezoning remains valid; no hearing before the Environmental Advisory Commission is required. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues. Transportation Division staffhas recommended approval subject to the Transportation Development Commitments provided in Exhibit F of the attached MPUD Ordinance. The applicant has incorporated Transportation Division staffs revisions and the above-referenced stipulations within the PUD document, and Transportation Division staff recommends approval subject to the Transportation commitments contained in the PUD document. Uti/itv Review: This project is located within Collier County Water and Sewer District and is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. According to county GIS records, there is a 24-inch water main and a 16-inch force main along Collier Boulevard. Sonoma Oaks, PUDZ-2007.AR-11961 October 21,2010 CCPC Revised 10/5/10 Page 7 of 18 Agenda Item No 8B December 14 2010 Page 19 ~f 110 EmerfIencv ManafIement: Emergency Management staff provided the following comment at the beginning of the review of this project: The Emergency Management Department has no issues with this project. The Sonoma Oaks PUDA is located in a CAT 4 hurricane surge zone, which requires evacuation during some hurricane events. There is currently no impact mitigation required for this, however, it should be noted that approval of this PUD amendment could increase evacuation and sheltering requirements for the county. Parks and Recreation: The Public Services Division did not offer any comments regarding this petition. Zoning Services Review: The petitioner has revised the Master Plan attached to Ordinance No. 05-61 to depict the commercial and residential development area as well as the preservation area. The general configuration of the internal roadway system is also shown as well as the Wolfe Road and Collier Boulevard dedications. Also shown are the proposed buffering and a utility well site with its access easement. 'Ibis amendment proposes several changes to the property development regulations from what was approved in Ordinance Number 2005-61 as shown below. Ordinance # 2005-61 Amendment proposal .. '- ... FLOOR AREA 1,000 square feeUunit 750 square feeUunit Single Family - 10 feet 15 feet or % the Multi-family - 11;, the zoned building height of the DISTANCE BETWEEN building height, tallest building STRUCTURES whichever is greater Clubhouse - 11;, the zoned building height but not for multi-family and 12 less than 30 feet; feet for all others ILF/AFUCCRC - 11;, the zoned building height of the tallest buildina MAXIMUM BUILDING Single Family - NTE 35 feet ZH or 45 feet AH HEIGHT 3 stories/45 feet Multi-family - NTE 61 feet ZH or 69 feet AH PRINCIPAL (actual height) Clubhouse - NTE 45 feet ZH or 55 feet AH; BUILDINGS ILF/AFUCCRC - NTE 61 feet ZH or 69 feet AH AH - Actual Height ZH - Zoned Height NTE - Not to Exceed The development standards contained in Exhibit B-1 of the PUD documents reflect a design approach that would allow construction of a compact and clustered development. The development standards numerically indicate how the two residential product types could be sited on the property-multi- and single-family units, and adds property development regulations for the CCRe type uses. A IS-foot wide front setback is proposed for both the single- and multi- family housing types. The minimum single-family side setback would be 5 feet while a IS-foot wide side yard setback would be provided for multi-family units, Rear setbacks for single- family homes will be 15 feet, with a 20-foot multi-family setback. The minimum floor area for a Sonoma Oaks, PUDZ-2007-AR-11961 October 21,2010 eepe Revised 10/5/10 Page 8 of 18 Agenda Item No. 8B December 14, 2010 Page 20 of 110 single-family unit is proposed to be 1,000 square feet, while the multi-family minimum floor area would be 750 square feet per dwelling unit. The only change proposed to the commercial portion is the removal of a one story height limitation. The height will still be limited to the original 42 feet, but structures can contain more than one story. However, in conjunction with the height increases that are shown above, the petitioner has committed to provide (Exhibit B-1, Footnote 2) an increased setback of 200 feet from the western property line for any buildings taller than 51 feet, which abuts the Bear Ridge community within the Wolf Creek PUD. Additionally, the petitioner has offered that no buildings within 100 feet of that western property line will be oriented parallel to that property line and further no building within 100 feet of the western property line will have balconies directly facing that property line. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. Specifically, staff notes residential building heights are proposed to increase from 3 stories/45 feet maximum to 4 stories/65 feet maximum. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bounded to the north by Wolfe Road, then the Palermo Cove Residential PUD and then the Golden Gate Fire Station # 73; to the east by Collier Boulevard, then a plant nursery and the Boxwood RPUD, which is an undeveloped residential project approved at a density of 6.97 dwelling units per acre; to the south by the Mission Hills Commercial PUD, a developing shopping center; and to the west by the Black Bear Ridge single-family subdivision which is part of the Wolf Creek Residential PUD. The Palermo Cove and Wolfe Creek projects are approved PUD zoned projects with a maximum allowable density of four units per acre. Roadways separate this project from all other projects except the Black Bear Ridge subdivision in Wolf Creek project abutting this project to the west (of the subject property). Thus, incompatibility issues would only arise in that one area. As noted above, the petitioner has offered increased setbacks and building orientation limitations to address any perceived incompatibility that might occur because of the density differences between the Wolf Creek PUD and the proposed project. Additionally, the petitioner proposes to use the area along the project's western boundary to meet a good portion of the indigenous vegetation requirements, thus trying to soften this project's effect upon its neighbor. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. This same deviation was approved in Ordinance 05-61 and is being carried fOIWard as part of this amendment request. The deviation is listed in PUD Exhibit E. Sonoma Oaks. PUDZ-2007-AR-11961 Page 9 of 18 October 21, 2010 CCPC Revised 10/5/10 Agenda Item No. 88 December 14,2010 Page 21 of110 This Deviation seeks relief from LDC Section 6.06.01(0) that requires right-of-way for local roads to be at least sixty feet (60') wide, to allow a minimum fifty foot right-of-way or roadway width for all project streets in the Sonoma Oaks MPUD. Petitioner's Rationale: The applicant states in his justification for this deviation that this deviation is desirable to accommodate the COWlty'S need for Collier Boulevard and Wolfe Road rights-of-way acreage that resulted in a total loss of 2.91 acres to project development, and to meet the required native vegetation area of 5.71 acres. The reduced roadway width will not diminish the level of service and all supporting water, sewer and utilities will be accommodated. Staff Analysis and Recommendation: This deviation would allow the developer to provide narrower roadway widths and according to the statement above, is being sought because the petitioner provided land to the COWlty for additional rights-of-way needed for Collier Boulevard and Wolfe Road improvements. Additionally the petition states that the narrower roadway width is required to allow the developer to meet the LDC native vegetation requirements. Staff originally asked in the July 26, 2007 review letter to the agent that this deviation be removed because LDC Section 6.06.01.0 provides a review mechanism for roadway issues during the site development plan or platting process wherein engineering documentation is provided to allow staff the detail to adequately review the roadway right-of-way widths in concert with the actual site design plan, not just a conceptual PUD plan. However because the developer has negotiated with the COWlty to provide the additional rights-of-way, Transportation Planning Staff has indicated that support can be offered at rezoning stage for this deviation for this project if the roadway connecting Wolfe Road and Mission Hills Boulevard is dedicated to the public as a public access easement with the developer retaining responsibility for maintenance. The petitioner has agreed to do that. Staff concurs with the petitioner's contention that this deviation provides a public benefit because the public will be able to use the roadway that will connect Wolfe Road and Mission Hills Boulevard. Zoning staff would not support this deviation if the only reason it was proposed was to meet the LDC native vegetation requirements because there is no public benefit to loss of native vegetation because a less aesthetically pleasing project could be the result. The petitioner negotiated what he apparently accepted as a fair settlement for the area provided to the COWlty for right-of-way; it would have been prudent to negotiate that settlement amoWlt with the Wlderstanding that any native vegetation lost within the lands provided to the COWlty for right-of- way would need to be recaptured elsewhere on site by the developer. Allowing over- development of the site via deviation approvals would not be an acceptable alternative. Zoning and Land Development Review staff would recommend APPROVAL of this deviation. fmding that. in compliance with LDC Section 1O.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 1O.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public p\lfVoses to a degree at least equivalent to literal application of such regulations." LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of COWlty Commissioners...shall Sonoma Oaks, PUDZ-2007-AR-11961 Page 10 of 18 October 21, 2010 eepe Revised 10/5110 Agenda Item No, 8B December 14, 2010 Page 22 of 110 show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make fmdings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized fontI: PUD Findine:s: LDC Subsection 10.02.13.8.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has provided an extensive review of the proposed uses and believes that the proposed uses are compatible with the uses in the area with the additional setbacks, buffering and wall placement proposed by the petitioner. Therefore, the commitments made by the applicant provide adequate assurances that the proposed change will not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). 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 biiffering and screening requirements. Staff has provided an extensive review of the proposed uses and believes that the uses proposed are compatible with the surrounding area. Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5/10 Page 11 of 18 '~'-'~-"""-'''" Agenda Item No, 86 December 14, 2010 Page 23 of 110 5, The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 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 aU other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road' capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations, The petitioner is seeking one deviation to aUow desigu flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). 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 the deviation proposed can be supported, rmding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.S.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.>> Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findines: LDC Subsection 10,03.05.1. 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 boldfont): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5110 Page 12 of 18 Agenda Item No. 88 December 14, 2010 Page 24 of 110 The zoning analysis provides an in-depth review of the proposed uses. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development with the additional setback and buffering commitments provided by the petitioner. Therefore, staff recommends that this petition be deemed consistent with the 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 adjacent existing land use pattern is a mixture of residential uses to the north, across Wolfe Road and to the west and commercial uses to the south, across Mission Hills Boulevard. Uses to the east are separated by Collier Boulevard. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district because the subject property is already zoned PUD. Additionally, the zoning boundary mirrors the existing property ownership boundary. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change. Staff is of the opinion that the proposed district boundaries are 10gicaUy drawn. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, with the commitments made by the applicant, is consistent with the County's land use polieies that are rc;fIected by the Future Land Use Element (FLUE) of the GMP. Therefore, the proposed change should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capaeity to serve the proposed project at this time. 8, Whether the proposed change will create a drainage problem; Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5/10 Page 13 of 18 Agenda Item No. 88 December 14, 2010 Page 25 of 110 The proposed change should not create drainage or surface water problems because the LDC specificaUy addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. AdditionaUy, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations do not indicate that exceedingly taU structures wonld be included in the project; therefore the project should not significantly rednce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties around this property are already developed or developing now. Therefore, the proposed zoning ehange 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 contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest, 13, Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the Sonoma Oaks. PUDZ-2007-AR-11961 October 21,2010 eepe Revised 10/5/1 0 Page 14 of 18 Agenda Item No, 88 December 14, 2010 Page 26 of 110 proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary follows the existing PUD zoning and property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban- designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs ofthe community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a particular zoning petition. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site atteration and this project will undergo extensive evaluation relative to all federal. state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document, Sonoma Oaks, PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5/10 Page 15 of 18 .,..,-~.,-_.~~ Agenda Item No. 8B December 14, 2010 Page 27 of 110 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare, To be determined by tbe BCC during its advertised public bearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner and the agent duly noticed and held the first of two required NIMs on September 24, 2007, at 5:30 PM in the Gulf Coast High School Cafeteria. Brooke Gabrielsen, the agent, gave an overview of the proposed PUD amendment. She stated that there would be no change in the amoWlt of commercial square footage (120,000 sq. feet) from what was originally approved; the petitioner is asking to increase the density in the residential portion of this project from the four dwelling units per acre that is already approved (112 dwelling units), to allow 12 units per acre using an Affordable Workforce Housing Density Bonus Agreement (AHDBA) bonus to allow a maximwn of 336 units, If the affordable housing bonus is granted, the petitioner said 10 percent of the units would be sold to families qualifying for Workforce Housing; and 60 percent of the units would be sold to families qualifying for Gap Housing. The agent also explained that the petitioner is asking to increase the allowable building height. Seven people attended the meeting, asking a variety of questions. A concern for the majority of the citizens was parking and traffic impact to the area. Questions asked ranged from living space per unit, to the artistic rendering of the site plan. Generally, the building and site layout was given high praise. Questions about the future use of the commercially zoned area in front of this development were addressed by both the COWlty planner and the engineers present. The second duly noticed and advertised NIM was held on July 28, 2010, at 5:30 p.m_ at the Golden Gate Fire and Rescue District Station #73 located on Collier Boulevard. Kay Deselem welcomed those in attendance and explained the purpose of the NIM. Along with the project team, there were seven members of the public in attendance, Rich Y ovanovich introduced the project team and provided an overview of the PUD amendment request. The project is 37.5 acres in size and the applicant is requesting a maximum of 114 residential dwelling units or up to 456 senior housing units on the "R" designated areas at a conversion rate of 1:4 and a maximwn of 120,000 square feet of commercial on the "C" designated areas as depicted on the PUD master plan which was displayed. Rich added that the original request included a provision for additional density for affordable housing; however, that request had been withdrawn. The main request is to add senior housing as an allowed use. Questions from members of the public and responses by the applicant's representative: 1. The original PUD allowed a maximwn of one fast food restaurant, is that limitation still in place? Response: Yes, that limitation is still in place in the proposed revised PUD. 2. What is estimated buildout for the project? Sonoma Oaks, PUDZ-2007-AR-11961 October 21,2010 eepe Revised 10/5110 Page 16 of 18 Agenda Item No, 88 December 14, 2010 Page 28 of 110 Response: There is no set buildout or phasing schedule. Market conditions will determine how the project moves forward. 3. Please clarify the number of units and the conversion factor for senior housing. Response: A maximum of 114 residential dwelling units and/or a maximum of 456 senior housing units which can include independent living units, assisted living units, and skilled nursing units (bed) on the "R" designated areas. Residential dwelling units will be converted to senior living units at a ratio of 1 :4. 4. Please clarify the requested building heights. Response: The maximum height requested in the "R" designated areas for single family attached or detached is 35 feet zoned height or 45 feet actual height, and for multi-family and senior housing is 61 feet zoned height or 69 feet actual height. The number of stories is not indicated in the PUD; however, it is anticipated that structures up to five stories are permitted. Kay Deselem informed those in attendance that the petition has not been yet been scheduled for public hearings but will have to be considered by the Collier County Planning Commission and the Board of County Commissioners. She invited those in attendance to attend those hearings and/or set up a meeting with her if they want to review the project file and stay informed of the progress of this application. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on October 5, 2010. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-2007-AR-11961 to the BCC with a recommendation of approval. Sonoma Oaks. PUDZ-2007-AR-11961 October 21, 2010 CCPC Revised 10/5/1 0 Page 17 of 18 ,~.,"-_._.-,_.. PREPARED BY: Klr:~LE~~Ai PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: ~ (f /?JL- ItA YMO V. BELr:OWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ~. 5?J-S, LIAM D, LO Z, JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK ASALANGUIDA, DEP ADMINISTRATOR GROWTH MANAGEMENT DIVISION Agenda Item No, 88 December 14, 2010 Page 29 of 110 9 /dt f j/O__ DATE cr.z~-/() DATE O~-Z9-Z.0(O DATE C'} ,1{J~ 10 DATE Tentatively scheduled for the December 14, 2010 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: /JJ?JeJ( P ~d-U~ MARK P. STRAIN, CHAIRMAN L.-n J /7 I_!J~Y//<-' NRU( L~ Sonoma Oaks. PUDZ-2007-AR-11961 October 21,2010 CCPC Revised 9/28/10 / () / :2-/ / /0 I 0ATE Page 17 of 17 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No, 88 December 14, 2010 Page 30 of 110 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6968 APPLICATION FOR PUBLIC HEARING FOR: l3J AMENDMENT TO PUD (PUDA) 0 PUD REZONE (PUDZ) o PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER I'UDA-2007-AR-1l961 RICV: 8 SONOMA OAKS Project: 2007020023 llete: 8/13110 IlUIC: 9/13/10 APPLICANT INFORMATION NAME OF APPLlCANT(S) Voila II, llC c/o Todd Dubovy, Bessemer Trust ADDRESS 2240 Venetian Court CITY Naples STATE FL ZIP 34109 TELEPHONE # 239-514-4646 FAX # 239-514-4647 E-MAIL ADDRESS:r1a@armalavage.com NAME OF AGENT Margaret Perry, AICP - Wilson Miller, Inc, and Richard Yovanovich - Coleman, Yovanovich and Koester, P .A. ADDRESS 3200 Bailey Lane, Suite 200 CITY Naples STATE FL ZIP 34105 TELEPHONE # 239.649.4040 FAX # 239.643.5716 E-MAIL ADDRESS:margaretperry@wilsonmiller.com ADDRESS 4001 Tamiami Trail North, Suite 300 CITY Naples STATE FL ZIP 34103 TELEPHONE # 239-435-3535 FAX # 239-435-1218 E-MAIL ADDRESS:ryovanovlch@cyklawfirm.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULA nONS. 1 Agenda Item No< 88 December 14, 2010 Page 31 of 110 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collierclOv.net/lndex.aspx?paae=774 NAME OF HOMEOWNER ASSOCIATION: Vanderbilt Country Club Homeowners' Association MAILING ADDRESS 8250 Danbury Blvd. CITY Naples STATE FL ZIP 34120 NAME OF HOMEOWNER ASSOCIATION: Golden Gate Estates Area Civic Association MAILING ADDRESS P.O. Box 990596 CITY Naples STATE FL ZIP 34116 r Disclosure ofInterest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership IN/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Voila II, LLC, a Florida Limited liability Company (see below) 100% The property is owned by Voila II, LLC. The members of Voila II, LLC are lagniappe, llC (60%) and Drax 951, llC (40%). The sole member of Lagniappe, llC Is Linda Hamilton. The sole member of Drax 951, lLC Is the Suzanne van liebig Marital Trust. Suzanne van liebig is the sole beneficiary of the Suzanne van Liebig Marital Trust. For purposes of executing the application, the Managing Member of Voila II, llC Is Drax 951, lLC. The Managing Member of Drax 951, LlC Is Von Liebeg Office, Inc. Suzanne Van Liebig is the officer/director of Van Liebig Office, Inc. Pursuant to the attached resolution, Bessemer Trust Company of Florida is the authorized signatory for Van Liebig Office, lnc, Todd H. Dubovy Is a principal of Bessemer Trust Company of Florida and is an authorized signatory for Bessemer Trust Company of Florida, 2 Agenda Item No. 88 December 14,2010 Page 32 of 110 c. IF the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Perceptoge of Ownership IN/A d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership IN/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneFiciaries, or partners. Name and Address Percentage of Ownership IN/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or oFFicers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired [gj June 2006 leased 0 Term of lease yrs./ mos. If, Petitioner has option to buy, indicate the Following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3 PROPERTY LOCATION Agenda Item No. 88 December 14, 2010 Page 33 of 110 I Detailed lel!al description of the orooertv covered bv the aoolication: (If space is inadequale, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicanl is responsible for supplying the conectlegal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 34/ 4B South / 26 East lot: N/ A Block: N/ A Subdivision: N/ A Plat Book N/ A Page #: N/ A Property 1.0. #: 00203280009; 00204520001; 00203680007 Metes & Bounds Description: See legal Description Size of DroDertv: ft. X ft. = Total Sq. Ft. Acres 37.5 Address/aenerallocarion of subiect DroDerty: West of Collier Boulevard; between Wolfe Road (to the north) and Loop Road (to the south). PUD ~istrict (LOC 2.03.06): 0 Residential 0 Community Facilities !:8J Mixed Use o Commercial 0 Industrial ADJACENT ZONING AND LAND USE Zoning N RPUD SPUD EA W PUD land use Residential - Palermo Cove Commercial - Mission Hills Agricultural - Nursery Residential - Wolf Creek Does the owner of the subject property own property contiguous to the subject properly? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. SectionfT ownship/Range / / lot: Plat Book Block: Subdivision: Page #: Properly 1.0. #: Metes & Bounds Description: 4 Agenda Item No, 88 December 14, 2010 Page 34 of 110 REZONE REQUEST This application is requesting a rezone from the MPUD zoning dlstrict(s)to the MPUD zoning diSlrict(s). Present Use of the Property: Property is presently vacant. Proposed Use (or range of uses) of the properly: Mixed use PUD with commercial and residential districts. Residential density of up to four (4) units per acre for a maximum of 114 units. Assisted living, continuing care retirement and skilled nursing units also permitted or an equivalent of 4 per 1 residential dwelling unit and at an FAR of 0.6. Original PUD Name: Sonoma Oaks Ordinance No.: 2005-61 EVALUATION CRITERIA Pursuant to Seellon 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (lDC Section 10.02. J 3.B) 1. The suitability of the area for the type ond pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is located on the west side of Collier Boulevard, approximately Y. mile north of Vanderbilt Beach Road, Section 34, Township 48 South, Range 26 East in unincorporated Collier County. The property is currently zoned as the Sonoma Oaks MPUD. The subject property is mostly cleared. The remaining vegetation (approximately 12,2 acres of which is considered native vegetation) consists predominantly of pine flatwoods and woodlands with a mix of different vegeration types. The Sonoma Oaks MPUD will be a mixed-use development consisting of commercial and residential USes. The eastern 8.93 acres of the property will allow for a variety of office and retail uses, as indicated In Exhibit A-2 of the PUD Ordinance. Continuing care retirement communities are also an allowed use in this area. The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony within the property will be achieved by using common architeclural elements and common entryway signage and landscape themes. The remainder of the property may be developed as a residential community and/or a retirement community. The base density for this property is 4 units per non-commercial acre, for a total of 114 dwelling units. The PUD Ordinance Exhibits A-1 and A-2 also provide for the opportunity to place a retirement community consisting of Assisted Living Facilities (ALF), Continuing Care Retirement Communities (CCRC) and skilled nursing facilities on the site, 5 Agenda Item No, 88 December 14, 2010 Page 35 of 110 The subject property is bounded to the north by the Palermo Cove Residential PUD, to the east by Collier Boulevard and a nursery, to the south by the Mission Hills Commercial PUD, and to the west by the Wolfe Creek Residential PUD, The developer will provide 0 public rood that will interconnect Wolfe and Loop Roads and separate the commercial and residential components of the MPUD. Access 10 the property will be provided via 0 right in along Collier Boulevard and a full-access opening along Wolfe Rood and Loop Road (Mission Hills). Collier Boulevard is currently being widened, and right-of-way was donated to the County by the developer to help make that happen. The project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on- site lake system prior to discharge into the Mission Hiils PUD stormwater management system. The Sonoma Oaks MPUD will be served by County potable water and sanitary sewer, os well as electric power and telephone. Additional services will be provided as deemed appropriate. 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 arrangemenls or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The property is owned by Voila II, LLC The members of Voila II, LLC ore Lagniappe, LLC (60%) and Drax 951, LLC (40%). The sole member of Lagniappe, LLC is, Lindo Hamilton. The sole member of Drax 951, LLC is the Suzanne von Liebig Marital Trust. Suzanne van Liebig is the sole beneficiary of the Suzanne von Liebig Marital Trust. For purposes of executing the application, the Managing Member of Voila II, LLC is Drax 951, LLC The Managing Member of Drax 951, llC is Von Liebeg Office, Inc. Suzanne Von liebig is the officer/director of Von Liebig Office, Inc. Pursuant to the attached resolution, Bessemer Trust Company of Florida is the authorized signatory for Von liebig Office, Inc. Todd H. Dubovy Is a principal of Bessemer Trust Company of Florida and is on authorized signatory for Bessemer Trust Company of Florida. Common area maintenance will be provided by the developer, or by a property owners' association. For those areas not maintained by the developer, the developer will create properly owners' association(s), whose functions shail include provisions for the perpetual maintenance of common facilities and open spaces, The developer or the property owners' associatlon(s), as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Sonoma Oaks MPUD in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, palicy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) 6 Agenda Item No, 8B December 14, 2010 Page 36 of 110 The development of a Mixed-Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth In the Growth Management Plan (GMP). The development of Sonoma Ooks MPUD will be consistent with and further the planning goals and objectives of Collier County as sel forth in the GMP. More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County land Development Code (LOC), and other applicable regulations for the following reasons: 1. The subject property is designated Urban on the Future land Use Map (FlUM) and lies within the Urban - Mixed Use District, Urban Residential Subdistrict. A 8.93+/- acre portion of the subject property qualifies for commercial zoning under the Office and In-fill Commercial Subdistrict provisions of the Urban - Mixed Use District In the Future land Use Element (flUE), as amended, The remaining 28.57+/- acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 114 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The subject property's location in relotlon to existing or proposed community facilities and services permits the development's requested density ond intensity as described in Objective 2 of the FLUE. 3. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 4. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facllilles and services as required in Policy 3.1 of the FLUE. 5. The native vegetation provisions of the Sonoma Oaks MPUD Implements Policy 6.1 .1 of the Conservation Coastal Management Element (CCME) In the "native preserves" will be incorporated into the project design. 6. By virtue that the project must comply with the provisions of Secllon 6 of the lDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Elemenl, Objecllve 1.2 of the Sanitary Sewer Sub-Element, and Objective 1.5 of the Recreation and Open Space Element. 7, The project provides a roadway connecting Wolfe Road and Ihe loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving the intersection of Vanderbilt Beach Rood and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks MPUD across Wolfe Road, which will allow emergency vehicles to avoid the intersection when traveling wesl. As a result, the Project furthers Goal 1 of Ihe Transportation Element, and specifically the following objectives, 2, 3, 4, 5, and 7. 8. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facililles Element. 9. All final local development orders for this project are subject to the County's Adequale Public Facilities, Section 6.02.00, as amended, of the Collier County We. 4. The internal and external compatibility of proposed uses, which conditions may include restridions on location of improvements, restrictions on design, and buffering and screening requirements. The subject property is bounded to the north by the Palermo Cove Residential PUD, to the east by Collier Boulevard and a nursery, to the south by the Mission Hills PUD, and to the west by the Wolfe Creek PUD. 7 Agenda Item No, 88 December 14, 2010 Page 37 of 110 The eastern 8,93 acres of the property, fronting Collier Boulevard, allow for a variety of office and commercial uses, as well as continuing care retirement community, as indicated In Exhibit A-2 of the PUD Ordinance, The commercial uses and signage will be designed to be harmonious with one, another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the WC, except where deviations are aulhorized, compatibility and harmony within the property will be achieved by using Common architectural elements and common entryway signage and landscape themes, Lighting in the commercial district of the MPUD shall be located so that no light is aimed directly toward a property designated residential, where such lighting Is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. The remainder of the property qualifies for residential development. The Residential District will be separated from the Commercial District by an appropriate buffer as well os the public roadway that connects Wolfe Road and loop Road. Appropriate buffers and/or berms will also be provided along the perimeter of the property, in accordance with the We. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Collier County WC requires that mixed-use residential projects maintain open space at a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of the WC for mixed-use development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The Sonoma Oaks MPUD will be developed in one phase. All final loco I development orders for this project are subjecI to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County land Development Code. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is currently surrounded by residential and commercial uses, except to the east, across Collier Boulevard, where a nursery Is in existence. Collier Boulevard is currently under construction to accommodate existing development and future expansiOfl. The developer will provide a public road that will interconnect Wolfe and loop Roads and separate the commercial and residential components of the MPUD. Aoccess to the property will be provided via a right in along Collier Boulevard and a full-access opening along Wolfe Road and loop Road (Mission Hills). This public rood will allow the Sonoma Oaks MPUD residential development, as well as other residential developments with access to Wolfe Road to access the Mission Hills shopping center, and ultimately Vanderbilt Beach Road, while avoiding Collier Bouievard and its intersection with Vanderbilt Beach Road. The public road will also allow emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks MPUD across Wolfe Road, to avoid the same intersection when traveling west. 8. Conformity with PUD regulations, or as to desirable modifications ..f such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 8 Agenda Item No. 8B December 14, 2010 Page 38 of 110 Deviation 1 from LDC Section 6.06.01 (0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right- ., of-way for local roads to be at least sixty feet (60') wide. In order to accommodate the County's demand for Collier Boulevard and Wolfe Road right-of-way acreage that resulted in a total loss of 3.5 acres, and to meel the required native vegetation area of 5.73 acres, a roadway widlh of 50 feel is required. Please note the reduced roadway width will not diminish the level of service and all supporting water, sewer and utilities will be accommodated. The minimum right-of-way or roadway width to be utilized for all project streets in the Sonoma Oaks MPUD shall be fifty feet (50'). Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions, Previous land use oetitions on the subiect orooerty: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes 18l No If so, what was the nature of that hearing? OfficiallnterDretatlons or Zonina Verificalions: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes 18l No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue orocessina or otherwise actively oursue the rezonlna for a period of six 16l months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subjecl to the then current code. (LDC Section 10.03.05.Q.) 9 SEP-2-2BB9 113:137 FROM: Agenda Item I~o, 88 December 14, 2010 Page 39 of 110 TO: 191721364410 P.2/2 RESOLUTION OF SOLE DIRECTOR OF THE VON LIEBIG OFFICE, INC, (A Florida corporation) 'The undersigned, being the sole director of The van Liebig Office, Inc. (the "Corporation") hereby consents to, authorizes, and adopts the following resolution with the same force and effect as if the undersigned were personally present at a meeting of the Board ofDirectoIs of the Corporation and had voted fortbe same: Aooointment of Authorized Signatotv. RESOL YED that Bessemer Trust Company of Florida is hereby appointed as an Authorized Signatory for the Corporation with the power to execute documents and instruments in the name of, at the direction of, and for the account of, the Corporation, for all purposes for which the Corporation may execute and deliver documents; and it is further RESOLVED that the Authorized Signatory is authorized and empowered, in the name and on behalf of the Corporation, to take any action and to execute and deliver all such further documents, contracts, letters, agreements, instruments, dmfts, receipts or other writings that such Authorized Signatory may in its sole discretion deem necessary or appropriate to carry out, comply with and effectuate the purposes of the foregoing resolution and the actions contemplated thereby and that the authority of such Authorized Signatory to execute and deliver any of such documents and instruments; including without limitation any modification, extension or expansion, and to take any such other action, shall be conclusively evidenced by its execution and delivery thereof; and it is roilier ; RESOLVED that the appointment contemplated by the immediately foregoing resolution be deemed effective, for all purposes, effective as of July 31,2009, and it is further RESOLVED that the authority heretofore granted to, and any and all actions previously taken by, any Authorized Signatory in roilierance of the foregoing resolutions are hereby ratified, confirmed and approved in all respects. V\h~ \lr)r)~'~bl Liebig, Sole Director Doc#: USl:5744080vl Agenda Item No, 88 December 14, 2010 Page 40 of 110 AFFIDAVIT I, Todd H, Dubow as a Principal of Bessemer Trust Company of Florida which is an Authorized Siqnatorv of Von Liebiq Office, Inc.. which is the Manaqer of Drax 951. LLC. which is the Manaqinq Member of Viola II. LLC being first duly sworn, depose and say that Voila II, LLC is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief, I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered, Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As the authorized representative of the property owner I further authorize Coleman. Yovanovich & Koester. PA and Wilson Miller, Inc, to act as my representative in any matters regarding this Petition, Viola II, LLC By: Drax 951, LLC, Managing Member By: Von Liebig Office, Inc" Manager By: Be emer Tr t Company of Florida, Authorized Signatory " The foregoing instrument was acknowledged before me this /tl day of I1U}kS /' 2010, by Todd H. Dubovy who is personally known to me or-has plcduced as-i€Ientification. State of New Jersey County of Middlesex (Signature of Notary Public - State of Fierffia) Nc",", :Jer~ ey ~. /7 J7t 7')~ / (Print, Type, or Stamp Commissioned Name of Notary Public) LAURA M. RAM Notary Public of New Jersey 111 Commission ""pi",. lYRe 18, 29 .Ld.. June.. !'if, ;'''0..... Agenda Item No, 8B December 14, 2010 Page 41 of 110 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are tbe fee simple titleholders and owners of record of property commonly known as Sonoma Oaks PUD Propelty In #00203280009, 0020452000 I. 00203680007, Collier County. F]orida. (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is tbe subject of an application for mixed use planned unit development (MPUD) zoning, We hereby designate Todd 1-1, Dubow, Principal of Bessemer Trust Companv of Florida, the Autborized Signatory of Von Liebig Office, the Manager of Drax 951. LLC, the Managing Member of Viola II. LLC, legal representative tbereof, as tbe legal representatives of tbe property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site, These representatives will remain tbe only entity to authorize development activity on the property nntil such time as a new or amended covenant of unified control is delivered to Collier County, The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection witb the planned unit development rezoning. 2, The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in pali, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County, 3, A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of tbe planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those tenns and conditions, 5, So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, a11d conditions of the planned unit development, seek equitable relieCas necessary to compel compliance, The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought . mpliance with all terms, conditions and safeguards of the planned unit development. Todd H. Dubo Princi al of Bess the Manager of Drax 951. LLC, the (Printed Name) II Trust Com an of Florida the Authorized Si nato anaging Member of Viola 11. LLC of Von Liebl Office STATE OF NEW JERSEY) COUNTY OF MIDDLESEX) Sworn to (or affirmed) and subscribed before me this /() who is personally known to me ~ day of /1;<107 ,20]0 by Todd 1-1, Dubow ~~7;~' GN tary Public (Signature) (Name typed, printed or stamped) LAURA M. RAM Notary Public of New Jersey My Commission Expires June 18, 20 "'=- Agenda l!em No. 88 December 14, 2010 Page 42 of 110 -\ ') " FLDRID,\ DJ:PARI'MENT OF Sr'\'!'E 'cI~ ''', . -- D J\[J~I(1N OJ C(JRP\l;UrJO~:- ,.;::;, ,'C;' " 'II', ,I - ,'. ',::- ",-",.0' ;",>1- ~~1..", ,(, .~Jbl,!:--~1\i,lj~ Home Contact us E-Flllng Service. Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search . Submit I No Events No Name History Detail by Entity Name Florida Limited Liability Company VOILA II, LLC Filing Information Oocument Number L06000060215 FEUEIN Number 205044697 Date Filed 06/13/2006 State FL Status ACTIVE Effective Date 06/13/2006 Principal Address c/o TODD DUBOW, BESSEMER TRUST 100 WOODBRIDGE CENTER DRIVE WOODBRIDGE NJ 07095 US Changed 11/27/2009 Mailing Address c/o TODD DUBOW, BESSEMER TRUST 100 WOODBRIDGE CENTER DRIVE WOODBRIDGE NJ 07095 US Changed 11/27/2009 Registered Agent Name & Address NOVATT, JEFF M ESQ, 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 US Name Changed: 11/27/2009 Address Changed: 11/27/2009 Manager/Member Detail Name & Address Title MGRM DRAX 951, LLC BESSEMER TRUST, 100 WOODBRIDGE CENTER DR, WOODBRIDGE NJ 07095 US Annual Reports PUDA-2007-AR-11961 REV: 7 SONOMA OAKS Project: 2007020023 Date: 4/27/10 DUE: 5/25/10 Report Year Flied Date 2009 04/06/2009 http://sunbiz,org/scripts/cordetexe?action~DETFIL&inq_doc_number=L06000060215&inq,,,1 /8/201 0 _.._.'-""''''''-'~~' Agenda Uern No, 88 December 14, 2010 Page 43 of 110 2009 06/06/2009 2009 11/27/2009 Document Images 11/27/2009 - ANNUAL REPORT View Image in PDF format I 06/06/2009 - ANNUAL REPORT View image in PDF format I 04/06/2009 -- ANNUAL REPORT View Image In PDF format I 07/11/2008 - ANNUAL REPORT View Image In PDF formet I 04/24/2007 -. ANNUAL REPORT View image in PDF format I 06/13/2006 Florida Limited Liabilitv View imege In PDF format I I NOI.: This Is not official record, See documents If question or conflict. I , , Previous on List Next on list Return To list IEntity Neme Search No Events No Name History Submit I I Home 1 Contact us 1 Document Searches I E-FilinQ Services I Forms I Help I CODyr!Qht and Privacy Pollcies Copyrlght!Q 2007 State of Florida, Department of Sti:)te. http://sWlbiz,org/scripts/cordet.exe?action=DETFIL&inq_ doc _number=L060000602 I 5&inq" . 1/8/20 I 0 Agenda J.tem No. 88 December 14, 2010 Page 44 of 110 Home ...- Contact Us E-Flllng Services Document Searches Forms Help Previous on List Next on List Return To List Events No Name History !Entity Neme Search Submltj Detail by Entity Name Florida Limited Liability Company DRAX 951. LLC Filing Information Document Number L06000060230 FEI/SIN Number 205044664 Date Flied 06/13/2006 State F L Status ACTIVE Effective Date 06/13/2006 Last Event LC ARTICLE OF CORRECTION Event Date Filed 06/27/2006 Event Effective Date NONE Principal Address c/o TODD DUBOIJY. BESSEMER TRUST 100 WOODBRIDGE CENTER DRIVE WOODBRIDGE NJ 07095 US Changed 11/27/2009 Mailing Address c/o TODD DUBOVY, BESSEMER TRUST 100 WOODBRIDGE CENTER DRIVE WOODBRIDGE NJ 07095 US Chenged 11/27/2009 Registered Agent Name & Address NOVATT, JEFF M ESQ. 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 US Name Changed: 04/26/2008 Address Changed: 04/26/2008 Manager/Member Detail Name & Address Title MGR VON LIEBIG OFFICE, INC. BESSEMER TRUST, 530 FIFTH AVENUE NEW YORK NY 10111 US \ http://sunbiz.orglscripts/cordetexe?action=DETFIL&inq_doc_number=L06000060230&inq...1/8/201 0 Annual Reports Report Year Flied Date 2009 04/06/2009 2009 04/09/2009 2009 11/27/2009 Document Images 11/27/2009 -- ANNUAL REPORT View image In PDF formet I 04/09/2009 -- ANNUAL REPORT View Image In PDF fOrmat I 04/0612009 -- ANNUAL REPORT View Image In PDF format I 04/2612008 -- ANNUAL REPORT View Image In POF format I 04/2412007 -- ANNUAL REPORT View Image In PDF format I 06/27/2006 -- LC Article of Correctlon View Image In rDF format I 06/13/2006 -- Florida limited L1abllitv View Image In PDF fonnal I II Note: This is not omclal record, See documenls if question or confllct,l , , , , .. - - - '" "," ' Previous on List Next on List Return To List IEntity Name Search Events No Name History Submit I -- I Home I Contact us I Document Secm:hes I E-Fmnq Services I Forms [ Help I Copyrlqht and Privacy Policies CopyrIght @ 2007 State of Florida, Department of State. Agenda rt'em No, 88 December 14, 2010 Page 45 of 110 http://sunbiz.org/scriptslcordet.exe?action=DETFlL&inq_doc_numbeFL06000060230&inq...1/8/20 1 0 Agenda Irem No, 88 December 14, 2010 Page 46 of 110 Home Contact Us E-Flllng Services Document Searches Forms Help Previous on List Next on List Return To List jEntity Name Search . . Submit I No Events No Name History Detail by Entity Name Foreign Profit Corporation THE VON LIEBIG OFFICE, INC. Filing Information Document Number F02000001044 FEIIEIN Number 650745607 Date Flied 02/27/2002 State DE Status ACTIVE Principal Address c/o SEAN S. MEEHAN, BESSEMER TRUST 630 FIFTH AVENUE NEW YORK NY 10111 Changed 11/2712009 Mailing Address c/o SEAN S. MEEHAN, BESSEMER TRUST 630 FIFTH AVENUE NEW YORK NY 10111 Changed 11/27/2009 Registered Agent Name & Address NOVATT, JEFF M ESQ. 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 Name Changed: 11/27/2009 Address Changed: 11/2712009 Officer/Director Detail Name & Address Title DPST VON LIEBIG, SUZANNE BESSEMER TRUST, 630 FIFTH AVENUE NEW YORK NY 10111 Annual Reports Report Year Flied Date 2009 04/15/2009 2009 06/06/2009 http://sunbiz,org/scripts/cordet.exe?action=DETFIL&inq_doc_number=F0200000I044&inq...1/8/20 10 "_._..^,,'''''~''''---"...< " 2009 11127/2009 Document Images 11127/2009 - ANNUAL REPORT View Image In PDF format I 06/06/2009 - ANNUAL REPORT View Imege In PDF foimat I 04/15/2009 -- ANNUAL REPORT View image In PDF format I 04/06/2009 - ANNUAL REPORT View Image In PDF format I 05/08/2008 - ANNUAL REPORT View Image In PD F format I 04/2612008 - ANNUAL REPORT View Image In PDF format I 04/24/2007 -- ANNUAL REPORT View Image in PDF format I 04/25/2006 - ANNUAL REPORT View Image In PD F format I 04/1912005 -- ANNUAL REPORT View Image in PDF format I 04/06/2004 -- ANNUAL REPORT View image In PDF format I 04/09/2003 -- ANNUAL REPORT View Image In PDF fonnat I 02/27/2002 -- Forelqn Profit View Image in PpF fonnat I Note: This Is not official record, See documents If question or conmct.1 " Previous on List Next on List Return To List IEntity Name Search No Events No Name History Subm~ , I Home j Contact us I Document Searches I E-FUlno Services I Forms I Help I COPyriQht and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Agenda item No, aB December 14, 2010 Page 47 of 110 hllp:/ /sunbiz.org/scripls/cordet.exe?action=DETFIL&inq_ doc _ number=F0200000 I 044&inq... 1/&/20 I 0 Agenda Item No. 8B December 14, 2010 Page 48 of 110 SEP-2-2009 10:07 FROM: TO: 191720644U! P.2'2 RESOLUTION OF SOLE DIRECTOR OF THE VON LIEBIG OFFICE, INC. (A Florida corporation) The undersigned, being the sole director of The von Liebig Office, Inc. (the "Corporation") hereby consents to, authorizes, and adopts the following resolution with the same force and effect as if the undersigned were personally present at a meeting of the Board ofDireotors of the Corporation and had voted for the same: AODointment of Authorized Signatory. RESOLVED that Bessemer Trust Company of Florida is hereby appointed as an, Authorized Signatory for the Corporation with the power to execute documents and instruments in the name of, at the direction of, and for the account of, the Corporation, for all purposes for which the Corporation may execute and deliver documents; and it is further RESOLVED that the Authorized Signatory is authorized and empowered, in the name and on behalf of the Corporation, to take any action and to execute and deliver all such further documents, contracts, letters, agreements, instruments, drafts, receipts or other writings that such Authorized Signatory may in its sole discretion deem necessary or appropriate to ciirry out, comply with and effectuate the purposes of the foregoing" resolution and the actions contemplated thereby and that the authority of such Authorized Signatory to execute and deliver any of such documents and instruments, including without limitation any modification, extension or expansion, and to take any such other action, shall be conclusively evidenced by its execution and delivery thereof; and it is further RESOLVED that the appointment contemplated by the immediately foregoing resolution be deemed effective, for all purposes, effective as of July 31,2009, and it is further RESOLVED that the authority heretofore granted to, and any and all actions previously taken by, any Authorized Signatory in furtherance of the foregoing resolutions are hereby ratified, confumed and approved in all respects. V\h~ \l()rig'~bl Liebig, Sole Dir~ctor DoeiI: USl:$7lj4080vl """,..--.,-^ Prepared by and return to Law Offices of MICHAEL W. McARDLE, Esquire 3033 Riviera Drive - Suite 201 Naples, Florida 34103 Telephone: 239.659,0333 Agenda Item No, 88 December 14, 2010 Page 49 of 110 3867969 OR: 4068 PG: 0303 momo in omCIAL RECORDS of C011lER COUNTY, FL 01/01/2006 at 02:JIPK DWIGHT E, BROCK, CLBRK CONS 16125000.00 RBC m 18,SO DOC-.l0 112815,00 Parcel Identification Nos: Parcel ill No. 00203280009 and No. 00204520001 PREPARED WITHOUT OPINION OF TITLE Retn: STANLBY J LIEBBRIARB 1100 5TR AVE SIlOS HAPLBS FL 31102 SfECIAL W ARRANlY DEE!! TillS SPECIAL WARRANTY DEED, made thia26~ day of June, 2006, between CDN PROPERTIES, LLC, a Florida Limited Liability Company, of PO Box 1019, Naples; Florida '34106, Grantor; and VOILA II, LLC, a Florida limited liability company, of 2919 Gulfshore Boulevard North, Unit 603, Naples, Florida 34103, Grantee, The Grantor, for and in consideration of the sum ofTEN AND NO/100 DOLLARS ($10.00), and other good and valuable considerations .' , . hand paid by said Grantee, the receipt whereofis hereby acknowledged, h ~ . sold to said Grantee, and Grantee's successors and assigns forever, t ing described " ate in Collier County, Florida, to wit: LESS the East 100 feet previously deeded for state highway right of way. LESS and except that certain additional right of way conveyed to Collier County, Florida by instrument recorded October 3, 2005 in OR Book 3902 at Page 2680 of the Public Records of Collier County, Florida Subject to restrictions, reservations, limitations and easements of record, ifany, and taxes subsequent to 2005. This property is not the homestead of the Grantor. ' And Grantor, for itself and for its successors and assigns, does hereby covenant with Grantee that it will defend the sanle against the lawful claims of all persons claiming by, through or under the Grantor, Where used herein the tenus "Grantor", "Grantee" and "Trustee" shall be construed as singular or plural as the context requires, SIGNATURES ON FOLLOWING PAGE Agenda Item No, 8B December 14, 2010 Page 50 of 110 *** OR: 4068 PG: 0304 *** IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed, and delivered ~~ Firs! Witness (signature) - as to both O/-M-f./AJA- M.,~ First Witnes ed/printed name) GRANTOR: ::.~~ CARL M. NAGEL, Manager PO Box 1019 Naples, Florida 34104 THE FOREGOING INSTRUMENT was acknowledged before me on this .;/'~t'4ay of June, 2006, by CARL M. NAGEL and DANA L. NAGEL, the Managers ofCDNProperties, LLC, Grantor, who are LJ personally known to me or ~ who have produced a valid Driver's License as identification, Page 2 of 2 ~~"",,-,~,_.,.~_.>- 6/26/2006 1:57 PH FROM: F~~ TO: 19709261312 FAGEI 002 OF 006 Agenda Item No, 88 December 14, 2010 Page 51 of 110 Prepared by and "'turn to Law Offices of MICHAEL W. McARDLE. Esquin: 3033 Riviera Drive - Suite 201 Naples, Florida 34103 TelephODe: 239.659.0333 3867970 OR: 4068 PG: 0305 RECORDBD in OFFICIAL RlCORDS of COLLIBR COUNTY. YL 07/07/2006 at 02:31PK DIIGHT B. BROC!, CLBR! CONS 5375000.00 REC FEE 18.50 DOC-,70 37615.00 P~.lldentification No. ParcellD No, 00203680007 PREPARED WITHOUT OPINION OF TITLE Retn: STANLBY J LIBBBRrARB 1100 5TH AVE S 1405 NAPL!S IL 31lO2 SP~WABJWiIX l>,gJ! THIS SPECIAL WARRANTY DEED, made ~Zl1i....day of June, 2006. between RICHARD D. CRAIG and FRANCES A. CRAIG, husliand llIId wife. Grantolll, of306 Citation Point, Naples, Florida 34104; and VOILA n, LLC, a Florida limited liability company. of2919 ' OuIfshore Boulevard North. Unit 603, Naples, Florida 34103, Grantee. The Grantors, for and in consideratiol! other good and valuable consid whereof is hereby acknowled successolll and assigns fore er, wit: o NO/I 00 DOLLARS ($10.00), and paid by said Grantee. the receipt d to said Grantee. and Grantee's in Collier County, Florida, to LESS and except that Florida, by iDStll1ment ' the Public Records of Collier Subject to restrictions, reservations. limitations and easements of record,. if any, and taxes subsequent to 2005. This property is not the homestead of the Grantors. And Grantors, for themselves and for their successors and assigns, do hereby covenant with Grantee that they will defend the same against the lawful claims of all persons claiming by, through or under the Gnmtors, Where used herein the terms "Grantor", "Grantee" and "Trustee" shall be construed as singular or plum! as the context requires. SIGNATURES ON FOLLOWING PAGE Page 1 of 2 6/26/2006 1:57 EM FROMl Fax TO: 19709261312 PAGE: 003 or 006 Agenda Item No, 8B December 14, 2010 Page 52 of 110 *** OR: 4068 PG: 0306 tt* IN WITNESS WHEREOF, Grantors have hereunto set their bands and seals the day and year first aboVe written, Signed, sealed, and delivered WDNESSES: GRANTORS: i._/l~ }3 Witness'(si - as to both .rAM~~ /, Ct.:Fr.I'P First Witness (typedlprinted name) ()2fl r;), (0 ~ RICHARD D. CRAIG , J 306 Citation Point Naples, FL 34104 . 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I: ~!11 ~::;~ ~?i , 'I ~~s " tl:""t ~)... , i' ~:r~~~ , gg , ",:::.:::.""a; , I' ~~~~~ " i' , "lIS .,-....._,.;-~,-._. ...~... i~' .~= .~. h~ ><E . . i\i "' j~ ~< , ., ~{~ i~: , Agenda Item No, 88 December 14, 2010 Page 56 of 110 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLlCANT(S) Voila II, LLC c/o The Oliver Group ADDRESS 2919 Gulfshore Blvd. N clTYNaples TELEPHONE #239.825.0015 CELL # E-MAIL ADDREss:vray@aol.com STATEFL FAX # ZIP34103 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION Section/Township/Range 34 / 48S I 26E Lot: N/A Block: N/A Subdivision:N/A Plat Book N/A Poge #: N/A Property I.D.#:00203280009;00204520001 ;002036800(li Metes & Bounds Description: See Legal Description I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPD capacity) d. SEPTIC SYSTEM B o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ o o Application For Public Hearing For PUD Rezone 01/18/07 PUDA_2007-AR-11961 REV: 1 Project: 19990299 Date: 7/2/07 DUE: 7/24/07 STATEMENT OF UTILITY PROVISIONS - page 2 Agenda Item No, 88 December 14, 2010 Page 57 of 110 TOTAL POPULATION TO BE SERVED:120,000 sf commercial; 336 d.u. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 295,3 GPM AVERAGE DAILy106,325 GPD B. SEWER-PEAK 209.7 GPM AVERAGE DAfL y7 4,480 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED May 2008 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the projecr is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon complelion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include on agreement that the applicable sysrem development charges and conneclion fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, If the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider Indicating that there is adequate capacity to serve the project shall be provided. Application For Public Hearing For rUD RezQlle 01118/07 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLllERGOV.NET (i) Agenda Item No. 86 2800 NORTH HORSESHOE oItW8mber 14, 2010 NAPLES, FLORIDA 34104 'Page 58 of 110 (239) 403-2400 FAX (239) 643-6968 PRE-APPLICATION MEETING NOTES ,','" ',' '" "". ,,' '0 Pu.p9.~%qn~(:pbD~) o PVt,i id "Pijt>R~%onl;l(~i,JDZ~A) ~Jj Am~n~cment (PUPA) , , , Dale: Z~~7Time: /:/~ Firm: , /!otJ5 IN&- Proiect Name: :"'::><5'/11 01'1 If: O/fI(S - Ar;:t;,eDA-13l.-C Size of Proiecl Site: $7, 5 acres Applicanl Name: K't ~rhH:D -0. It!) V I!-#t! 1/ I (U! Phone: 4'36=- 3.sj'S- ')wner Namel vr:;l/ L- A- ~ .t? r!.- Phone: {J 2-.5"--ex::y 6 Owner Address: t: '1/ '1 Cily Slale ZIP Exisling PUD Name and Number .5b,IfJot'l1( ell/'KS I1?VP Assigned Planner ;t(1t!-111/-~L- :r. 'J:>~ /CuNTz- tl1l ji ';U'J", lfIW"I'I"li' ",,~el!:n:!J~I~b'''IlIl$,1 t!lI!!lP!l ~(!I,!l J\ ~,"i!!!.IY, ~V''': l''Jl;;' ,~, ,1i'll"1!i~"'1 f'Jf"', ",~I",m",,,,."miillm~ ""!b..:ilHtlitllntlly.,lf.iilll,,,..i\\l \'f,"Fiiij~t'1lA9!1"<<~~I!,..u~Ug PU~A-2007-AR_11961 REV' 1 ProJect: 19990299 . Date' 7/2/07 . DUE: 7/24/07 -1 - -,:ICurrentINew Pre-Application Forms 20061PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app .50404,doc . ':~,':"'::'~~:f:;~~,~/i~:V:', tI,'!.L:}. PUi;)lo' PU[)!/.~~9N~(PU(jZ.A) pub .4,M~~~M~!,!,T (~I,Il?Al APPLI~M'ION" ' s,uBMrtTAt'c~Ei:kLlst Agenda Item No, 88 December 14, 2010 Page 59 of 110 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTeD BELOW W/COYh, SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED eN~'"":<r~~N.'J~~~21#;:&r}~!Y~'~~~~1"1ii?~ . ~' ,")";::<"~~51j'WM~~~,:t:i'i'~\';l!;'W~ '. .... Jli,<r:'H..,j;jI'J; .'r, ,~,,'dt,Lt, d", I "..' ..!~ ..-,< -!o\i~'~\t~\{,~f\'" J AddUlonal .ellf located in the Bay.hore/Goteway Triangle Redevelo ment Area) Co les of detailed description of why amendment Is necessary Com leted Application (download fram web.lte for current form) p re~appllcatlon meetIng nofes PUD Document & Conce tuel Site Plan 2411 x 361> and One 8 Y2" X 1111 co Revised Conce fual SIte Plan 24" x 36uand One 8 Y2" x 11" copy Original PUD document and MOlter Pion 24" x 36" ONLY IF AMENDING THE PUD Revised pun document with changes crossed thru & underlined Revised PUD document w amended TItle a e word #'s LDC 10.02.13.A.2 24 24 24 24 24 24 v V' v v 24 24 Deeds/Legal's & Survey (If boundary of origlnol PUD Is amended) List identifying Owner & all parties of corporation Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checklist Environmental Impact Statement (ElS) and digital/electronic copy of EIS or exem tion ustification Historical Surveyor waiver request Utility Provisions Statement w /sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement (TIS) or waiver Aerial photographs (taken within the previous 1 2 months min. scaled 1"~200'), showing FlUCCS Codes, legend, and prolect boundar Electronic copy of all documents in Word format and pla~s (CORam or . . Diskette .~ 10", 2 2 2 2 2 3 4 4 4 4 7 >> if+- ' V' 5 o EDe UFcst Track" must submit approved copy of official application ~Affordable Housing uExpedited" must submit copy of signed Certificate of Agreement. 2 / I loeat d In RFMU Rural rin e Mixed Use Rec lvln land Areas Applicant musf contact Mr. Gerry J. laeQvera/ State of Florida Division of Forestry @ 239~690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", lDC Section 2.03,08.A.2.o,{b~i.c. - 2- G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc ~ .-' -,--... \,........ .~r:;J:..vlI~1 T i'L.:J per acre lor traction thereof} OPJ,OOO (pUD to PUD) + $25 per acre (or fraction thereof) ~?eec~C;::~~~~4~~.0~~ [B'$6,000 (PUD Amendment) + $25 per acre (or fraction thereof) Page 60 of 110 0:1 $1 50.00 Fire Code Review ~ $2,250.00 Comprehensive Planning Consistency Review L1 ,,$500.00 Pre-application fee (Applications submlfled 9 months or mClre after the date .of the last pre-app meeting sholl not be credited towards application fee. and a new pre-applieallon meeting will be required. o $729.00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). o $363.00 legal Advertising Fee for BCC meeting o $2500,00 Environmental Impact Statemenl review fee ~I~. o Property Owner Notification fees. Property Owner Notifications $1.00 Non-certifieel; $3.00 Certifieel return receipt moil (to be paid after receipt of Invoice from Dept. of Zoning & Development Review) Transportation Fees, if required: o $500.00 Methodology Review Fee, If required o $750.00 Minor Study Review Fee, if required o $1,500.00 Major Study Review Fee, if required Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner rior t the due date SCHOOL DISTRICT ARKS & REC _ Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 - EMER. MGMT - Jim Von Rintein UTiliTIES ENGINEERING _ Zamira Deltoro COES Coordinator - Linda B. Route Sheet anI J '1'V'l~~JI'h9'~,:Of~~ J ' ..' ~- }>'-~~ ~~~ 'I - - ~i3(-_~'~' .~ fi7t/~T/J$? c#/ ~~ ,#41":-0 .d-IJP'J<; h;'/5rAm,l/ rf- M-/.....d:. (7.......1-1-,..>1.-:,,,,, ;J- t-ANDS(A{J~;, ~'r'=ANOA~O PA;RJ.~CRn? t)11~ .~ ..;. ~ - 3- j:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app J50404,doc -^~~_.--...-_.< PRE-ApPLICATION MEETING MEETING NOTES Agenda Item No. 88 December 14, 2010 Page 61 of 110 5b,AlOHA- c3A7{c""- d-~b/1-.8Lg- ~(.)~r,.d6- ~#7 Project Name Date of Meeting 7f< 1'01 (V$ ~. 4> ()vV tv (/t-6 - 1'1 EE...'T .::D==-~ ICAt 10 N.3,. rGJZte>~/e>,v ;,..u XC ""lVt~ Nr!:-v-J TI5 cPLAtVrVltV6, l...J.SVeSL) pe" Fo~ Vc.u ~ ,1'-'4<-- '-:pv Aa::rb'(10r"'4L v,v'TS: , Me,r~i Ii EL::-7(t'Vb (.s. ~u/~, i G:IOeRunfzlCopy of Pre-App. Meeting Notes.doc PRE-ApPLlCATION MEETING SIGN IN SHEET Agenda Item No. 88 December 14. 2010 Page 62 of 110 ;70,v&H k c;/{I( 5 - 41"',,'77R:D#;s~ G7" ,abt/y"vc.- zY;~ 07 Project Name Datl\l of Meeting IfltlWlllj Name Representing Phone # E-mail Address Michael J, DeRunlz (239) 403-2416 mlchaelderunlz@colliergov.net '530-' '77 -Z-OLrn~~d.eliot.t; \D ~ Goll ~0 lJ. f\.OJ n PI . (f\Oycla...ke..r, <Q . Lol'l'\' a (1.111. 0 -,,:(38' c.ov/lVL ov.nek- &/.':Q """ "'r~' ~,t"~,~"../ ~..v,".....J Ua.'{/=4';"'C'e"~ r~6'f'/r/ ~ STAN (fi ftY.?:-IJl\J()C(USlCf GJ CCJW~GolJ. A.J&'7- r:;.STJ-S7Yl - '52lI<A l'f/-^l(!Ij. ~~ I~ "";6,:::;; Ji;/,)at.$/l.- hZd" C::Od~ _ {21ss MI1LL€-1?- C;;tJ6, (f::.. "4o,-~z. . rt<s.sJ11Lt)I~ C"//.jotl..VJe.+- file<xE'i'1 x:>iJ <!'-4;lJ.j:I(,1.wu; IU/$P-. a ~ TyStJ10 ,tlJl~UbU\Li~ 0i.c1.40c'fe> , g:){ shu/c# 11P#f/~: &,/d::-~Il. ~,.t. "lO"'''''''Il-.J,J... G\ c.-s J/:\f5 WI\iaQ., p;; ~. W. ~f'Q ?~~/,.vS~ /7O\,u.,.5?h"..wlJ- 1J35crO I t/!;()",IJ Xi'! a '1# ~2~ -00(> I/~ . all Cd'wL o,\l 3~M~r~.Q. ern.. PO'-1/\.. YJ'f-."f),)o j;)ca{{;t( 1,V\.(..1- L-o ~ ~~LciJ ~~ cfo 5 ?/3]C 6'r~~47 qf)6{~~. G:\OeRunlz\Pre-App sign in sheel.doc 5~~ g;jc)l( 13,'<<r:/.r?p//JIaE'&.., Idsxs. c:::.?1"I-"L. 'i:):r . ~1. s:- ~13~~q[t.}- r--J \).to..--o-->'.t. Q.6t::i \ t.w -l Q..", i rsWiWt 1ICi4!-ec'd/;~ ~ ,.~ ,._,-~-...-~,~"'.- Jan SI 2001 11:UJ e.U1 AnDRESSlNG CH:&CKLIST (R8/1'st::n Agenda Item No. 88 Ilecember 14. 2010 1/31 [O"1P,,!ge 63 of 110 Please complete the following AND FAX (139-659-5724) OR SUBMIT IN PEMON TO TIlE AJ)))RE8SlNG SECTION. FORM MUST BE SIGNED BY ADDRESSING PEMONNEL PRIOR TO PRE- APPLICATiON MEETING. Not all items will apply to every project. Items in bold type are required. . 1. Legal description of subject property or properties (copy of lengthy description may be attached) West side of Collier Boulevard. approximatelv \{ mile north of V anderbilt Beach Road. Section 34. Township 48 south,Ranpe26eastCollierCounty.Florl4a'_ P<LtCe.J;O, \ 1"30,0 (I\~ 2. Folio (l.'roperty lD) lIumber(s) of above (attach to, or (ISsociate with, legal de1loription if more than one) 0020328000~.00204520001. 00203680007 _ 3. Street address or addresses (a. applicable,' if alread.y assigne<f) 4. LoeatioD.map, showing exav't location ofprojectlsite in relation to nearest public (oad tight-of-way (a//ach) 5. Copy of survey (NEEDED ONLY FOR UNPLAITED PROPERTIES) 6. Propo.ed project name (if applicable) Sonoma Oaks 7. Proposed Stteet names (if a'pp/icable) 8. Site Development plan Nwnber (fOR EXlSTING PROJECTS/sms ONLY) SDP . 9. PetitloD Type - (Complete a separate Addressi~g Checklist tor each Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendment) o SDPI (SOP Insubstantial Change) o 81]> (Site Improvement Plan) o SIPI (Sll'Umubstantial Change) o SNR (Street Name Change) .0 VegetationlExo!ic (Veg. Removal Perm.its) o Land Use Petition (Variance, Gonditional uSe, Boat Dock Ext., Rezone, l'UD rezone, etc,) o Ollter - Describe: pUD Amendment' o l'P.L (Plans & Plat Review) o 1'81' (l'relimirutty Subdivisi()n Plat) o FP (final Plat) o LLA (Lot Line A<ljusltnent) o BL (J31astin8 Perm.it) o ROW (Right-of-WayPerrnit) o EXP (Excavation Pennit) o VR,SFP (Veg. Removal & Site Fill Pennit) o TDR (Transfer ofOevelop~enl Rights) 10, Project or development names pro1'0300 for"or already appearing in, condominium doct.ments (if applicable; indicate whether Jl!'Oposed or existing) 11. Please Check One: 0 Checklist is to be FMed Back 0 Personally Picked Up 12. Al'plieantNBrne: Richard D. Yovanovic4_Phone:239-435-3535 Fax: 239-43$-1218 B. Signature on Addressing Checklist does nol COnstitute Project and/or Street Name approval and is subject to further review by the AddressixJ.g Section. . ' FOR STAFF USE ONLY PrimatyNwnber 4- 'L'Z.-3 Address Number !.J."2.. Sl!.- Address Number II. Z3( .f..- Addl'l'Ss Number' J Approvedby /11"",:;/.,,) mATii:l..vn Date 01_'-01 -0/ , .-Ii d Ii II I I I , , , , , i I r' r' ~ JIm. J.,4s'/~? ~;;, ~f;j ~''''-- $ ~oo-:-"'~ MOnlg~!'Y CHAFF",MO"". d~ h' . A H K ;monIlJOlnerpbllnk.eom R~ ___.__._____ .. -~. VOILA II, LLC 2919 GULF SHORE BLVD N NAPLES, FL 34103 So-1776.B1S II' WI. I. 70:1 211'0 loO LB 1018 -----~ Agenda Item No. 88 December 14:2010 . Page 64 of 110 "1'1 III I'IIIJ. lilt. II; .' II!!,II 1'1' hlllj Ilil!i J!II!!!! >0 t ID a. o 0: ID " E C - ro '-0 e c o.~ 0.0 <CD ~ a; 2 ro Q. """'~-'., .''"''''''~%%,,&u.-' "<<~WJ\~~. """ '\Y? .-;.,/1,,:-. '0......,. I"" Ill! . 11111 11111,/, Ill,' !. IIi) Iii 'lllill':.ll! I'll I! .'liH, 11111"" 1:'I,Wl t) ho . u '" o oll o 0 ~~III QI QI ~ ;;]]j ~::J;-g ~:SOf III c: C :J ,2 'E'E ~ ~~~i5 wCJf3:a , '~ '~~ ~ O! In vi 1/1 1/1 QI '- '{~ O-g-g'8gu ~~Ai1 c: i Q Q ~!: III QI i1{\ ~ E!!~70~ ~ fS'_,~ ~ 1ii1ll__-O~1::J'~l C .-a.ii:u...u...I.l..:;:= c';J; g ~!:~!~~~O.s""'" 111 ~ ~ it ii: ii: ii: a. (I) oCt o . 'e .. ,5 c '" 2~ '" ~ E 0 .~~ "t: o.~ 0.0. '" 0 Q: if) U u :1 u. ! t! ~!i ! 5 ~I. i 5u ~h "" !:! l! !.~~i Q:j I -A jg ~~~G!l :;sq-ilfl I j I Ij filii [i J Ii ~!~ . " o U '" '" o g W WOM~ o ::J.............. U) ~ Oif ":f.q ~ ~~:;::;;Oifr---t-~ I 1:.. TRANSPORTATION K CONSULTANTS, INC, Agenda Item No. 88 December 14, 2010 PaGe 67 of 110 13861 PLANTATIOfirROAD. SUITE 11 FORT MYERS, FL 33912-4339 OFFICE 239.278.3090 FAX 239.278.1908 TRAFFIC ENGINEERING TRANSPORTATION PlANNING SIGNAL SYSTEMS/DESIGN TO: Margaret C. PelTY, AICP Wilson Miller, Inc. FROM: Ted B. Treesh President PUDA-2007.AR-11961 Rrv: 7 SONOMA OAKS Project: 2007020023 Date: 4(27/10 DUE: 5/25/10 David L. Wheeler Transportation Consultant DATE: April 12, 2010 RE: Sonoma Oaks MPUD PUDA-2007-AR-11961 Collier County, Florida TR Transportation Consultants, Inc. has completed a trip generation comparison analysis between the land uses for the Sonoma Oaks MPUD as currently approved under Ord. 2005-61 and the land uses currently proposed as a part of this amendment application. The subject site is located on the west side of Collier Boulevard (C.R. 951) just south of its intersection with Wolfe Road in Collier County, Florida. Approved/Proposed Development Parameters Under the approved Collier County Ordinance 2005-61, the subject site is zoned for the development of up to 112 residential dwelling units and up to 120,000 square feet of commercial uses. The CutTent zoning request would allow an additional scenario for the residential portion of the property to be developed as a Continuing Care Retirement Community (CCRC). There are cun'ently three (3) development scenario's being contemplated on the subject site with regards to the proposed CeRC use. Table 1 summarizes the maximum potential development on the subject site under each scenario as well as the maximum potcntial development based upon the approved Zoning. Agenda Item No. 88 December 14, 2010 Page 68 of 110 -- 'L TRANSPORTATION K CONSULTANTS, INC. Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12,2010 Page 2 Table 1 Proposed Land Uses Sonoma Oaks MPUD . -"Ii":li"~i!\!'l ~..,j~t'!i'~!!'i!f" ~fu~fi(),:;iii\'if) Wl'i~iji!"iMii~rjll1rlli" "!f*,~~li) .~,.J.t!'_imfL,*,:\\11~\$. .~"" I ~...,~ . 1>...""gSi:.ftJ\'.) "'*']tJ'''M"...,<"".'l\,JC,,"~nL1'l:'!,J.~J, ".,~m.~1'l,l_"~,,,\. Approved 112 dwelling units Ord.2005-61 120,000 square feet Proposed CCRC 456 units Scenario I 98,650 square feet Proposed 173 units Scenario II 120,000 square feet CCRC 456 units Proposed (Beutle Villa e Data Shopping Center 20,000 square feet Scenario III (LUC 820 General Office 100,000 square feet LUC 710 Trip Generation of the Approved Uses (OI'd. 2005-61) As currently approved the subject site could be developed with up to 112 residential dwelling units and up to 120,000 square feet of commercial uses. The trip generation for each approved land use was detennined by referencing the Institute of Transportation Engineer's (ITE) Report, titled Trip Generation, 8'h Edition. Land Use Code 210 (Single-Family Detached Housing) was utilized for the trip generation purposes of the approved residential units and Land Use Code 820 (Shopping Center) was utilized for the trip generation purposes of the approved commercial uses. The equations for each Land Use Code are attached to the end of this document for reference. Table 2 indicates the potential total trip generation of the Sonoma Oaks development based upon the approved zomng. ~ TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 88 December 14, 2010 Page 69 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12, 2010 Page 3 Table 2 Trip Generation - Total Trips Sonoma Oaks MPUD - A roved Zonin Uses !i1W~~t{a~':<~jl\itm~~~jmIUUr 'MZij~R!'J~";W:tMili:~~;R~IiJ>~~~t . f:5~hr,,?Q.!lr:f1\&l~r ..;n,;;iU1X;:r: "'i::i1)\it::::' "1'll~t\ij .'.'~~:w'!lY) Single-Family Detached Housing 22 66 88 73 43 116 1,154 112 dwellin units Shopping Center 105 67 172 352 367 719 7,645 (120.000 s uare feet TotalTri s 127 133 260 425 410 835 8799 However, not all of the trips shown in Table 2 will utilize the public roadway system. Some of the trips will travel to/from the land uses located within the proposed Sonoma Oaks MPUD. Therefore, an internal capture rate of eleven percent (II %) was calculated for this development by utilizing the methodologies presented in the ITE Trip Generation Handbook dated June 2004, which calculates the internal capture rates of multi-use developments. The summary sheet utilized to calculate this internal capture rate is included in the Appendix of this report for rcference. Table 3 indicates the number of trips anticipated to be added to the public roadway network based upon the CUlTent zoning approval. Table3 Tl'ip Generation - Total External Tl'ips Sonoma Oaks MPUD - Approved Zoninl!: Uses ..... Weekdliy A.lVi:, j>e~k HQur ,veel<dav p.M. Pe~k Hour Dailv LliqdUse Ii/. alIt t tl lj) O!!t tQtlll 2-w.av . " ..' . QA Total TriDs 127 133 260 425 410 835 8,799 Less 14% Internal Capture -14 -15 -29 -47 -45 -92 -968 Total Trips 113 U8 231 378 365 743 7,831 (Utilizing the Puhlic Roadwav NetlVork\ The trips shown in Table 3 will not all be new trips to the adjacent roadway system. ITE estimates that a shopping center of comparable size may attract anywhere from IOta 90 percent of its traffic from vehicles already traveling the adjoining roadway system, This traffic, called "pass-by" traffic, reduces the development's overall impact on the surrounding roadway system but docs not decrease the actual driveway volumes. According to the ITE report titled Trip Generation Handbook, June 2004, for Land Use Code 820 (Shopping Center) the relationship between the size ofthe development and the pcrcent of pass-by trips is: Ln (1') = -0.29 Ln (X) + 5,00, where T =A verage pass~by trip percentage X = 1000 square feet of gross leasable area -- 't. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 88 December 14, 2010 Page 70 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12,2010 Page 4 Using this formula the percentage of pass-by trips for the shopping center use was calculated as follows: Ln (T) = -0.29 Ln (120) + 5.00 T = 37% However, the maximum pass-by percentage allowed by the Collier County Department of Transportation for Land Use Code 820 (Shopping Center) is twenty five percent (25%). Therefore, twenty five percent (25%) was utilized to calculate the pass-by traffic for the shopping center use. Table 4 indicates the amount of new external traffic anticipated to be generated by the subject site based upon the current zoning. Table 4 Trip Generation - New External Trips Sonoma Oaks MPUD - Aooroved Zoninl! Uses . Weekdav A.M. PeakHoUr W~~kdav P.M. PcakHoUi: Daily .' Lan,dIJ~e :lli 'l'Qt~i I:' ., Out. tiital Out ._ . Iii (2-way) Total Trips 113 118 231 378 365 743 7,831 (Utilizing the Pubtic Roadwav Network\ Total Retail Trips 93 60 153 313 327 640 6,804 (Utilizing the Public Roadwnv Network\ Less 25% Retail Pass-by -19 -19 -38 -80 -80 -160 -1,701 New Trips 94 99 193 298 285 583 6,130 fUtilizlnR Ihe Pnbllc Roa~wav Network) Trio Generation of the Proposed Uses - Scenario I Scenario I would permit the Sonoma Oaks MPUD to be developed with up to 456 CCRC units and up to 98,650 square feet of conunercial retail uses. 111e trip generation for the commercial retail land use was determined utilizing Land Use Code 820 (Shopping Center) from the Institute of Transportation Engineer's (ITE) Report, titled Trip Generation, 8th Edition. The trip generation for the CCRC use was determined based upon a local trip generation study conducted by TR Transportation Consultants at the Bentley Village development. The trip generation equations for LUC 820 and the Bentley Village study are attached to the end of this document for reference. Table 5 indicates the potential total external trip generation of the Sonoma Oaks development based upon the proposed Scenario 1 land uses. 1: TRANSPORTATION K CONSULTANTS, INC, Agenda Item No. 88 December 14,2010 Page 71 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12, 2010 Page 5 59 23 82 22 309 331 56 321 377 78 630 708 1,281 6,731 8,012 Total Tri s 93 152 60 83 153 235 The pass-by rate for the retail trips was calculated as follows in the same manner as noted previously: Ln (T) = -0.29 Ln (98.65) + 5,00 T = 39% However, the maximum pass-by percentage allowed by the Collier County Department of Transportation for Land Use Code 820 (Shopping Center) is twenty five percent (25%). Therefore, twenty five perccnt (25%) was utilized to calculate thc pass-by traffic for thc shopping center use. Table 6 indicates the amount of new external traffic anticipated to be generated by the subject site based upon the proposed Scenario 1 land uses. Table 6 Trip Generation - New External Trips Sonoma Oaks MPUD - Scenario I l,aiJ.(! Use Weekday A.M. Peak Hour Weekday P.M. Peak Hour Daily . '" _.'d ..._" . ... ,_ . _,,",'" ,..-..-, ,.... .. -,... t.. ,04i, 1Qt~[ IiL Qijt. T(ltd (2~ WllY) ..II Total Trips 152 83 235 331 377 708 8,012 (Utilizin~ the Public Roadwav Network) Total Retail Trips 93 60 153 309 321 630 6,731 (Utilizing the Public Roadway Network) Less 25% Retail Pass-by -19 -19 -38 -79 -79 -158 -1,683 New Trips 133 64 197 252 298 550 6,329 (Utilizin. lbe Public Roadwa. Network) Trip Generation of the Proposed Uses - Scenario II Scenario II would pernlit the Sonoma Oaks MPUD to be developed with up to 173 CCRC units and up to 120,000 square feet of commercial retail uses. The trip generation for the commercial retail land use was detennined utilizing Land Use Code 820 (Shopping Center) from the Institute of Transportation Engineer's '([TE) RepOlt, titled Trip Gelleration, Srll Edition. The trip generation for the CCRC use was detennined based upon a local trip geueration study conducted by TR Transportation Consultants at -- 't. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 88 December 14, 2010 Page 72 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12,2010 Page 6 the Bentley Village development. The trip generation equations for LUC 820 and the Bentley Village study are attached to the end of this document for reference. Table 7 indicates the potential total external trip generation of the Sonoma Oaks development based upon the proposed Scenario II land uses. CCRC 173 units Shopping Center (120.000 s uare feet) Total Tri s :f;:l"hPe~kHdtif mar tV"'" ::tjj.t~r. ,j;;';{' ,,..It.C' L}y..y) 22 9 31 8 21 29 486 105 67 172 352 367 719 7,645 127 76 203 360 388 748 8,131 The pass-by rate for the retail trips was calculated as follows in the same mmmer as noted previ ousl y: Ln (T) = -0.29 Ln (120) + 5.00 T = 37% However, the maximum pass-by percentage allowed by the Collier County Department of Transportation for Land Use Code 820 (Shopping Center) is twenty five percent (25%). Therefore, twenty five percent (25%) was utilized to calculate the pass-by traffic for the shopping center use. Table 8 indicates the amount of new extemal traffic anticipated to be generated by the subject site based upon the proposed Scenario II land uses. . '.,' ....,. W~~kda';A.'ivLp~lik1i(jttr "',~i!l<dilv l'.Mi Peak HQur Dlilly LjlildUse .-,....,........,...... "..",. .,..........,-...... '. ;,:1., ,: :,::",:~<..,.. ,.", L.... ,,,.,',...._,,,.;~.'.:..; .. .'.11(, "':'. chit. ",t!!t~J bL Old. TQtld, , . (~;;w'!iY) Total Trips 127 76 203 360 388 748 8,131 (Utilizin' the Public Roadway Network) Total Retail Trips 105 67 172 352 367 719 7,645 (Utiliz;na the Public Roadway Network) Less 25% Retail Pass-by -22 -22 -44 -90 -90 -180 -1,911 New Trips 105 54 159 270 298 568 6,220 (UtiJizin.the Pubtic Roadway Networl<l .. Table 8 Trip Generation - New External Trips Sonoma Oaks MPUD - Scenario II 1:. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 88 December 14, 2010 P8ge 73 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April ]2,20]0 Page 7 Trip Generation of the Proposed Uses - Scenario III Scenario III would permit the Sonoma Oaks MPUD to be developed with up to 456 CCRC units, up to 20,000 square feet of commercia] retail uses, and up to ] 00,000 square feet of commercial office uses. The trip generation for the commercial retail land use was determined utilizing Land Use Code 820 (Shopping Center) and the trip generation for the commercial office land use was detennined utilizing Land Use Code 710 (General Office Buildin~) from the institute of Transportation Engineer's (ITE) Report, titled Trip Gene/'alion, 81 I Edition. The trip generation for the CCRC use was detennined based upon a local trip generation study conducted by TR Transportation Consultants at the Bentley Village development. The trip generation equations for LUC 820, LUC 710, and the Bentley Village study are attached to the end ofthis document for reference. Table 9 indicates the potential total extemal trip generation of the Sonoma Oaks development based upon the proposed Scenario III land uses. .... Weekday A.M. Peak It&ur W~ekdav p.M. t>~ak'ItQlir. . P",Jy L~itdTJse .111 Qut Totai . ,Ill, QuL f6tiii..... (ifjyav) . ....;.. r. CCRC 59 23 82 22 56 78 ],28] (456 un;ls) -- Shopping Center 37 23 60 106 110 216 2,386 (20000 sQuare feet) General Office 165 23 188 32 159 ]9] ],334 fI 00.000 sauare feel) Total Trips 261 69 330 160 325 485 5.001 Table 9 Trip Generation - Total External Trips Sonoma Oaks MPUD - Scenario III The pass-by rate for the retail trips was calculated as follows in tlle same manner as noted previously: Ln (T) = -0.29 Ln (20) + 5.00 T = 62% However, the maximum pass-by percentage allowed by the Collier County Department of TranspOliation for Land Use Code 820 (Shopping Center) is twenty five percent (25%). Therefore, twenty five percent (25%) was utilized to calculate the pass-by traffic for the shopping center use. Table 10 indicates the amount of new external traffic anticipated to be generated by the subject site based upon the proposed Scenario lIlland uses. - "'C.. TRANSPORTATION K CONSULTANTS, INC. Agenda Ilem No. 88 December 14, 2010 Page 74 of 110 Margaret C. Perry, AICP Sonoma Oaks MPUD PUDA-2007-AR-11961 April 12, 2010 Page 8 , '@i;~ ):';i:~~!bY1~t;\ , ,.J~".w.uL 261 69 Total Retail Trips 37 23 UtiJizin the Public Roadwa Network Less 25% Retail Pass-b -8 -8 New Trips 253 61 Utlllzln the Public Roadwa Network 160 325 485 5,001 60 -16 314 106 -27 133 110 -27 298 216 -54 431 2,386 -597 4,404 Comparison of Approved/Proposed Trip Generation Table 11 provides a comparison of the net new external trip generation based upon the approved zoning and each development scenario cun-entl y proposed. ,'., "'. Weekd~v A.M. Peak Boqr Weekd.av p;Nt:p~likHo\h' P~ijy '.' Sc~.iiijrio In Out To,tIIl in Out Ttit't (2Wli ) . ,.J\. ,.c,.... Y . Approved Zoning 94 99 193 298 285 583 6,130 (112 sin.le-ramilv and 120.000 sJ. retain . Proposed Zoning - Scenario I 133 64 197 252 298 550 6,329 (456 CCRC units and 98 650 s.f. retaill Proposed Zoning - Scenario II 105 54 159 270 298 568 6,220 (173 CCRC units and 120000 s.f. retail) Proposed Zoning - Scenario III 253 61 314 133 298 431 4,404 (456 CCRC units, 20,000 sJ. retail, and 100.000 s.f. office) Table 11 Trip Generation Comparison- New External Trips Sonoma Oaks MPUD From Table 11, the PM peak hour represents the worst-case in terms of trip generation for each scenario. Additionally, none of the proposed three (3) development scenario's are anticipated to generate more traffic than the cUlTently approved development scenario under Collier County Ordinance 2005-61. As the cUITently proposed uses will not exceed the maximum P.M. peak hour two-way peak hour trip generation or maximum P.M. peak hour peak direction trip generation of the CutTently approved Zoning uses, no further analysis is required. Attachments 1:. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 88 December 14, 2010 Page 75 of 110 13881 PLANTATION ROAO, SUITE f1 FORT MYERS, FL 33912.4339 OFFICE 239.278,3090 FAX 239.278,1906 TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN TO: John Hoover Classic Residence by Hyatt FROM: Robert 1. Price, PE Senior Transportation Consultant, Inc. Ted 13. Treesh President COPY: Robert Duane, AICP Hole Montes, Inc, Nancy Cutter Classic Residence by Hyatt DATE: December 17, 2008 - Revised RE: Bentley Vilh\ge TR TranspOltation Consultants, Inc, has completed a traffic analysis for the Bcntley Village site located between V,S, 41 and Vanderbilt Drive just south of the Lee County Line in Collier County, Florida. The site currently consists of 566 independent living units, 84 assisted living units, and a 100 bed care center for an overall Congregate Care Retirement Facility (CCRC) unit count of750 units. Of these 750 units, 92 of the independent living units, six (6) of the assisted living units, and four (4) of the eare center beds were vacant when the traffic generated by the proposcd facility was counted. The objective of this analysis was to determine the amount of traffic currently being generated by the Bentley Village site, and to compare this volume with the amount of Agenda Item No. 88 December 14, 2010 Page 76 of 110 "L TRANSPORTATION K CONSULTANTS, INC. traffic approved by the existing PUD on the subject site. In order to achieve this objective, it was necessary to place mechanical traffic count devices at the Retreat Drive intersections with U.S, 41 and Vanderbilt Drive as these are the two (2) entranccs/exits to the community. However, there is a 164 unit multi-family residential development. The Retreat, that also accesses Retreat Drive along with the Bentley Village. As such, it was necessary to place additional traffic count devices at the driveways for The Retreat in order to separate the Bentley Village traffic and The Retreat traffic. An aerial photograph depicting the locations of the traffic count devices has been attached to the Appendix of this document for reference. For the purposes of this analysis, it was assumed that there is no interaction between The Retreat and Bentley Village. In other words, when the residents of The Reu'eat entered or exited tlleir community, it was assumed that tlley did not come from/go to the Bentley Village. The mechanical traffic count devices were placed over a period of one (1) week. The raw data collected on Retreat Drive can be found attached to the Appendix of this document. It should be noted that the traffic data collected for Tuesday, August 26th was not utilized in this aualysis as this was an election day, so there was additional u'affic associated with the poIling location located within the Bentley Village site. The raw data indicated within the Appendix was then summarized by averaging the entering/exiting AM and PM peak hour u'affic data from Monday, Wednesday, Thursday, and Friday at each location. A representation of the average wcckday AM and PM peak hour traflic is indicated within the Appendix of this report for reference. As can be seen from this graphical representation, the Bentley Village traffic was determined by summing the inbound and outbound traffic on Retreat Drive at U.S. 41 and Vanderbilt Drive, then subtracting the traffic generated by The Retreat. The Retreat traffic was determined by adding the inbound and outbound traffic from both intersections of Retreat Drive and Lake Louise Circle as weIl as the three (3) inte1'l1al access points serving The Retreat. Based on the results of the tramc data collection, the Bentley Village site generates 76 entering vehicles and 29 exiting vehicles in the AM peak hoUl' as well as 28 entering vehicles and 71 exiting vehicles in the PM peak hour, Based on this information, average trip generation rates were determined for the Bentley Village site. According to the unit count information obtained from Classic Residence by Hyatt, there approximately J 02 of the total 750 dwelling units were vacant. Fmthermore, approximately 69 additional Independent Living Units were vacant as they are occupied by seasonal residents that were out of town for the summer. As such, it was assumed that a total of 5 79 dwelling units were occupied during the time period when the traffic counts were performed. The AM and PM peak hour average rates were determined based on the following calculations: Agenda Item No. 88 December 14, 2010 Page 77 of 110 1: TRANSPORTATION K CONSULTANTS, INC. # of Trips A verage Rate AM Pm' = # of Occupied Units 105 trips Average Rate , - ,1M loak 579 occupied units A R - 0 18trip% verage ate AM I' ,- . . d . ~ SO /I {XI occuple unzt T = 0.18(X), where T = Trips; X =# occupied units Likewise, the PM peak hour average rate was determined to be 0,17 trips per occupied unit. It should also be noted that the directional split of the Bentley Village traffic was observed to be 72% entering/28% exiting in the AM peak hour and 28% entering/72% exiting in the PM peak hour. It is our understanding that Classic Residence by Hyatt intends to expand the existing Bentley Village CCRC facility to consist of a maximum of 887 units. The result is an addition of 137 new CCRC units. Based on the previously determined average trip generation rates, AM and PM peak hour trip generation calculations were performed for an 884 unit CCRC use. Table 1 reflects the trip generation ofthe proposed CCRC use based on the rates calculated in accordancc with thc field observed traffic data on the Bentley Village sileo In addition to the 887 unit CCRe use, Table I also indicates the trip generation of 14 multi-family unils. The Classic Residence by Hyatt also owns 14 multi. family units within The Retreat, so these 14 units are accounted for within Table 1 in order to reflect the total trip generation of the Bentley Village, Land Use Proposed 887 w1it CCRC 14 multi-family units Total Proposed Bentley Village In Table 1 Trip Generation d Bentley Village ExpanSIOn AM Peak Hour Out Tot~1 45 160 9 Il 54 171 In 42 8 50 PM Peak .upur Qitt' Tol31 109 151 4 12 113 163 Propose lIS 2 117 The existing PUD on the Bentley Village site currently consists of a combination of 566 multi-family dwelling units as well as a 184 bed assisted living facility. Trip generation calculations were performed based on the uses currently approved in the Bentley Village PUD in order to determine If the proposed changes to the Bentley Village PUD would result In an increase in trip generation. As a result, Table 2 was created to reflect the trip generation ofthe approved 566 multi-family dwelling units combined with the 184 bed assisted living facility. Agenda Item No 88 December 14. 2010 Page 78 of 110 '"t TRANSPORTATION K CONSULTANTS I INC. . ""' "'..;~' .;.'" ,', '. 566 multi-famil units 184 bed assisted living facility Total A roved Bentle Village 35 17 52 '{';~:"'("'."~~'r;~~~i~o~r~t.':';I.'; 11. .,;{ij,ilt. .,.'. !lat. 167 82 249 18 23 41 185 105 290 Based on the trip generation calculations contained within Table 1 and Table 2, the trip generation within the approved Bentley Village PUD will be reduced with the proposed re-zoning ofthe Bentley Village PUD. Table 3 indicates the trip generation comparison of the proposed Bentley Village PUD versns the approved Bentley Village PUD. A negative value in Table 3 reflects a reduction in trips based on the proposed re-zoning while a positive value represents a trip increase based on the proposedre-zoning. Table3 Trip Generation Comparison Pronosed Bentle Villa!!e pun vs. Existinl! Bentlev Villal!'e pun Land Use AM Penk Hour PM Peak Hour I.ti Qut T/lt!I! I Out T(jtal I) Pronosed Bentley VilIaQe PDD 117 54 171 50 113 163 AUDroved Bentley Village PUD 52 181 233 185 105 290 Tril:l Generation Difference +65 -127 -62 -135 +8 -127 .. As can be seen within Table 3, the two-way traffic volumes generated during the AM and PM peak hours will be reduced based on the proposed re.zoning of the Bentley Village PUD. Additionally, the peak hour, peak direction traffic volumes generated by the approved PUD are also higher than those of the proposed PUD on tlle site, As such, the peak hour impacts of the proposed PUD on the adjacent street network will be reduced as a result of the re-zoning ofthe Bentley Village PUD, Should you have any questions, please feel free to contact me. 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C ID E u Cot!j 0 ~ l:l .2 '" &1 ~ @ n t' ID :5 c CIl (I) :J , :;::; :; to I :IE ~ \ \ \ .. .e ::;, @ (I) .S- :5 .. I- ili c .. s itl "<: f..\ ... t!j l?, ::;. r- ID '" ,I z ~ ("/) ty) ..., :5 .. ~ - ~ .l!l .'!! tli ~ '" Q) t!> .[t '" Q) :3 , .s> C)) ," CJ) Trip Generation Handbook, 2nd Edition Chapter 7 . ITS '09 Agenda Item No. 88 December 14, 2010 Page 82 of 110 TRIP GENERATION EQUATIONS SONOMA OAKS MPUD ITE TRIP GENERATION REPORT, 8th EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Weekd~ Bently Village Survey T-0.18(X) T~0.17(X) T ~ 2.81 (X) (TR Transportation) (72% 1n/28% Out) (28% In/n% Out) T - Trips, X - Number of aceu ied units Shopping Center Ln(T) 0.59 Ln (X) + 2.32 Ln (T) - 0,67 La (X) + 3,37 Ln (T) ~ 0.65 Ln (X) + 5.83 JWC 820) (61% In/39% Out) (49% 1n/51% Out) ; T TrijJs, X I,OOO's of square feet GLA . ... General Office Building Ln (T) - 0.80 Ln (X) + 1.55 T - Ll2 (X) + 78.81 Ln (T) ~ 0.77 Ln (X) + 3.65 (WC710) f88% 1n/12% Out) (17% 1n/83% Out) T Trips, X I,OOO's ofsCjU.re feet GL",_ m","" Single-Family Detached Housing T - 0.70 (X) + 9.74 Ln (T) - 0.90 Ln (X) + 0.51 Ln (T) ~ 0.92 Ln (X) + 2.71 (LUe 210) (25% 1n/75% Out) (63% 1n/37% Out) T - Trips. X - Number of dwelling units Agenda Item No 88 December 14, 2010 Page 83 of 110 AFFIDA VIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code. I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per attached letters and or propeliy owner's list, which are hereby made a part of this Affidavit of Compliance 1-, ~~ i~/ , /1/ a>l6/L/1 ,. 7 ' (Signatuy6 of Applicant)/ State of Florida County ofeollier The foregoing Affidavit of compliance was acknowledged before me this ~t, day of Jut, ' 2010 bY~3 (U(f'1 Uef---~----' who iSE.ersonally_ ~own to me or who has produced . as identification. oG4L~i (Signature of Notary Public) kah fl. /1J(c;{(: (Notary Seal) Printed Name of Notary QJ-RJ'~' LEAH ABEDI ~'i :.~ MY COMMISSION # 00949426 -', I EXPIRES December 30, 2013 (407)300-0153 FlortdaNolalYServlce,com T I I I A1l3^"'-O!l-008-~ WO)'};JD^e'MMM r w.tdn-dod pJoqaJ 81 ,le(~^,", I ap Ulle" 9Jn4'B4 elii' zanday lUaWBbJell' ap lues T r I ! @09.b.~@i!Ml~1}t,mm~'!! zasll~n Dec-/'.' ~~~~f8>>anb!~~ Page 84 of 110 ACORN WAY LLC 414 ROSEMEADE LN "l-'-~"'~S, FL 34105.~~7153 ACORN WAY 414 ROSE ADE LN NAPL ,FL 34105-7153 };f ACORN WAY C 414 ROSE ADElN NAPLE ,FL 34105--7153 ~ ADRAGNA,ANDREW=&TARAJ 7231 ACORN WAY NAPLES, FL 34119-9609 BENNElT, CRAIG J & JENEANE P 7259 ACORN WAY NAPLES, FL 34119--9609 BUCKS RUN DEVELOPERS LLC PO BOX 5265 FRISCO, CO 80443-~5265 BUCKSTONE ESTATES LLC C/O GRADY MINOR PO BOX 771251 NAPLES, Fl 34107~-OOOO BUCKSTONE E ArES LLC CIa GRADY INOR PO BOX 'Z 1251 NAPLE ,FL 34107-0000 pt BUCKSTONE STATES LLC C/O GRAD MINOR \ ,.V PO BOX 1251 ty....., NAPL . FL 34107--0000 BUCKSTONE ES TES LLC BUCKSTONE TATES LLC BUCKSTONE TATES LLC C/O GRADY OR C/O GRADY INOR ~ C/O GRADY INOR ~ PO BOX 77 51 K PO BOX 1251 PO BOX 7 251 NAPLE L 34107.-0000 NAPL . FL 34107-0000 NJ'i'.PLE FL 34107-0000 BUCKSTON STATES LLC BUCKSTONE ~ATES LLC BUCKSTONE ATES LLC C/O GRAD MINOR ~ CIO GRADY NOR ~ C/O GRADY INOR ~ PO BOX 71251 PO BOX 7 251 PO BOX 7 251 NAPL ,FL 34107-0000 NAPLE ,FL 34107-~OOOO NAPLES Fl 34107--0000 BUCKSTONE TATES LLC BUCKSTONE E ATES LLC BUCKST~STATESLLC c/o GRADY INOR K C/O GRADY OR ~ C/O GRAD INOR ~ PO BOX 1251 PO BOX 77. 251 PO BOX 1251 NAPL ,Fl 34107-0000 NAPLES L 341 07 -~oooo NAP;.s' Fl 34107-.0000 BUCKSTONE A TES LLC BUCKSTONE . TATES LLC BUCKSTONE TATES LLC c/o GRADY INOR ,~J CIO GRADY INOR ~ C/O GRADY INOR ~ PO BOX 1251 PO BOX 1251 PO BOX 1251 NAP~, FL 34107-0000 \! 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JCr PO BOX 7 251 ;V'" '\ NAPLES l 34107-0000 v BUCKSTON ESTATES LLC CtO GRAD MINOR PO BOX 71251 NAPLE ,Fl 34107-0000 ~ BUCK~TO ESTATES lie c/o GRA Y MINOR PO 80 771251 NAPL. $, Fl 34107---0000 ~ BueK~TO ESTATES LLC C/O GRA MINOR PO eo 771251 NAPl S, Fl 341 07 ~--OOOO ~ CAVin, KERRY A 231 SE 30TH TER CAPE CORAL, FL 33904--3433 COLLIER eN 3301 TAMI J TRL E NAPLES L 34112--4961 P1 DAVENPORT, ROBERT E 9064 THE LN NAPLES, FL 34109---1554 DEANGELIS D1AM D HOMES INC 6635 WIllOW RK DR NAPLES, F 34109---B917 J.>>f . ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE [Ne 15100 COLLIER BLVD NAPLES, FL 34119--7631 '/' I I @09~S e~eldwe! @f..Je^\feSn "I~np., _ 1:lI:::r.J ,(CD~ T I I I A1I3^V-O!)-008-~ WO:l"AJa^e"MMM EXXON MOBIL CORP % CORP~EMB~2305A p"""-q,QX 53 ;TON, TX 77001--~0053 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PKWY NAPLES, Fl 34116--6901 HERBERT, THOMAS MICHAEL ASHLEY R HERBERT 7323 ACORN WAY NAPLES, FL 34119-9625 JONJAMES LLC 14370 COLLIER BL VO NAl='lES, Fl 34119---7712 LINDNER TR, MARK L LAND TRUST UTD 01/04/99 2950 IMMOKALEE RD STE 4 NAPLES, Fl 34110-1411 REGIOI,S BANK 2800 PONCE DE LEON BLVD 7TH FLOOR CORAL GABLES. Fl 33134~-OOOO RESTORATION CHURCH INC 7690 RUNNING BUCK CT NAPLES. FL 34120---0000 SUMMIT PLA;EE C ri'1Y ASSN INC % KW PROP M T & CONSUL liNG 3358 WOODS DGE CIR STE 102 BONITA SjINGS, FL 34134-~3323 iY1 / VANDERBILT C TY ASSaC INC 8250 DAN BUR L VO NAPLES, Fl 4120--1631 J;-wy ,lIll:. ~ 404 elT ION PT -. ." "'",-- "'It. . T 'i,og~S @A1I3Ncf ~ r wJ.dn-dOd pJoqaJ 81 JaJ~^'~ I ap U!le 9Jm.peq el 'i zaUdaH l,UaWabJ2L!) 9P sues 'f FRANK JR, WILLIAM E DAVID E FRANK LOIS K HOTHERSALL 2950 COACH HOUSE LN NAPLES. FL 34105--2721 GULFSTREAM HOMES INC 6646 WILLOW PARK DR NAPLES, FL 34109-~9017 HOGUE, DAlE=& KIMBERLY 7279 ACORN WAY NAPLES, FL 34119--9609 KELl V-BRAD TR, CORRINE BRAD FAMILY TRUST UrD 11/20/09 7303 ACORN WAY NAPLES. FL 34119-0000 MISSION HILLS LLC % THOMSON TAX & ACCOUNTING 1735 MARKET ST srE A-400 PHilADELPHIA, PA 19103--7501 REGIONS BAN 2800 PONCE E LEON BLVD i lAY 7TH FLOO V~ ! CORAL ABLES, FL 33134--0000 SIECZKOWSKI. THOMAS A DAN UTA SIECZKOWSKI 16 HEAVENLY WAY CLIFTON PARK, NY 12065--6149 SUMMIT PLACE CI\ TV ASSN INe % KW PROP MG & CONSUL liNG 3358 WOODS GE CIR STE 102 BONITA .sPf.'! GS, FL 34134-3323 t~ VOILA !Ill ~ 404 Clr JON PT NAPLE ,FL 34104-3535 ~t.' . WALTERS, CARRIE H SCOTT E HORNER 7275 ACORN WAY NAPLES, FL 34119...9609 f WJ. a6p:I dn~dod asodxa 1 O} au!! 6uOI!:! pueg _ Jaded l;>SlJ:i - Y T I ! @09Ag~~l!f-1\'i!Jl"meMI zasll!~n Dec4i\\t't.11 f~!~~nanb!J; Page 86 ~f 110 FRANK JR. WILLIAM E DAVID E F K Lors K H HERSALL 2950 C CH HOUSE LN NAPL . FL 34105~-2721 LlJf HE/NIT, GERALD=& JENEENE 7263 ACORN WAY NAPLES, FL 34119-9609 HOME DYNAMICS NAPLES LLC 4755 TECHNOLOGY WAY, STE 210 BOCA RATON, FL 33431-0000 KENNEDY, JANE A 3 FALCON RUN KINNELON, NJ 07405--3020 MISSION HILLS C % THOMSON & ACCOUNTING , / 1735 MARK ST STE A~40D , .. J':J" PHILADE HIA. PA 19103--7501 t'" \ REGIONS BANK 2~OO PONCE 0 LEON BLVD \ . ):/ 7TH FLOOR r \ CORAL G LES, FL 33134---0000 SUMMIT PLACE CMN1Y ASSN INC % KW PROP MGMT & CONSULTING 3358 WOODS EDGE CIR STE 102 BONITA SPRINGS. Fl 34134---3323 VANDERBILT CMM1Y ASSOC INC 8250 DANBURY BLVD NAPLES. FL 34120-1631 VOILA II LL 404 CIT A ON PT NAPlE I FL 34104-3535 q~ WEINRICH, CHARLES E=& JANINE F 7239 ACORN WAY NAPLES, FL 34119--9609 r I I @091S &~eldwa.L,@.ue^v esn Slacg, ....Iaa~ A:$~:JI A1l3^\f-O~-008-~ WO)"AJG^e"MMM r L';.Ldn~dod pJoqaJ al Jall!t^9~ : ap U!~E! 9Jn4)eq el , zsUdal:t ~UaWaDJelp ap sues y WINNER, DAVID E=& MEliSSA J 7240 ACORN WAY NAPLES, FL 34119...9608 Golden Gate Estates Area Civic Association P.O. BOlt 990596 Naples, FL 34116 T @09~S @^~a^" ~ r m e6p3 dO.dod asodxa ~ o~ au!! 6uole pUBS _ ,laded Dua:! - y f I I @09AS &nA~l{1\f ~!Jl!,';I,e~~1 zas!I!ln D~cM~t~rffi~1Wnanb!}~ Page 87 of 110 @09~S .l.,dw.lli/J~'.^\f .sO Slsae1 ~laEM ASB=I NEW D1RECTIOI'lS IN PlANNfhIG, DESIGN &: ENGINEERING. SII\JCE 1956. Agenda Item No. 88 December 14,2010 Page 88 of 110 ~ WilsonMiller@ y July 8, 2010 Dear Property Owner: I would like to take this opportunity to advise you that Richard Yovanovich of Coleman, Yovanovich and Koester, representing Voila II. LLC, has filed an Application for Public Hearing for a PUD Amendment to the Sonoma Oaks PUD. The requested amendment is to allow for a mixed use development including commercial.and residential districts, The applicant is requesting up to 114 dwelling units and up to 120,000 square feet of commercial office and retail use on approximately 37,5 acres, The applicant is also requesting the ability to provide continuing care retirement community (CCRC) uses at an equivalent offour CCRC units to one residential unit at a maximum floor area ratio of 0,6, The total number of CCRC units on the residential portion of the project will not exceed 456 units. The site Is currently vacant and is located on the west side of Collier Boulevard, south of Wolfe Road and north of Loop Road. You are receiving this letter because you own a parcel of land located within 500 feet of the subject property boundary. Please see enclosed location map, In order to provide you an opportunity to become informed about the PUD amendment application, we are holding a neighborhood information meeting on Wednesday July 28, 2010 at 5:30 p.m. at the meeting room of Golden Gate Fire and Rescue District, Station 73, 14575 Collier Boulevard, Naples, FL 34114. At this meeting, we will make every effort to describe the proposed PUD amendment. I hope that you are able to attend this public information meeting and I look forward to seeing you there, In the meantime, if you have any questions, please feel free to contact me at 239-649- 4040 or Richard Yovanovich at 239-435-3535. Sincerely, / -~ ;j7 IlaLfaJ/t~r Margclret Perry, Al9'P Senior Project Manager Enclosure L~OO.64!1.433~-'-~~ ~,649~040 Corporate Office 3200 Bailey Lane SUlt~~~NaPles, Florida 341 O~L= _ 617/2010.21867S.Var: ,-MPERRY 055(4-100-002 _ PPHS _ 3~006 f 239.643.5716 WilsonMlller.com ~."",/"eO_<".,...,,- Agenda Item No. 88 December 14, 2010 j,~!,;q J ~J) {=H.~:I~IJ!;J~ilirl!lIIJjill inillmIjl~i!Dil:iI~. ]::::::15::--11--=11-- \1, 'yl ~'>I g,:J I;;:; , i I LliWu.. U"lLIIH ,\'if ""J : Z I Ii '. iJ "" I~I 'I oi I II -~WJrrrr.;Ir\llli-,llll,N~., I" ~.1/ " 1- /' q; l:;-l -- : I' : '\ ']1,1', lfll"I) Jl1!U '.""'- J::;J I I .. v' ~ ",31 , I', .... ,.. .u_,. c ,~ ";, , ~'I";;"i ~ ~~ 1'j:J-..Ti111ITill~tnTnl11ITl.i01 [.uiIDIIDIJIj[DH.IJIHllLillllilIJ&- -Imo ~:-l'm'\'mm-'L--- t- Lir' (~i~~~_:I_l1J1j;.Llj !l:;lil!ili'lIJi~L:: 8- I \'~w.!.J. 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".'.,\1 'I' MISSION i"-!. ,-8\JCKS-RU~ PUD ii\~ "",;<.-il.' 1: ".',,,.? f,.,.,<",\.JJ I" 'I '----'--::-:"..! /::~ J II J' "_.._,_L_____ \ J[ HILLS PUD1 ; \ \~:-; "j ;"1/ '''''!~,';;;'l f'1 : L 1-1,,_.-,J jr ( U I \'-'\1' ':=:::1 i Ii' ir"lf Mi!.'l?jfLtli \1 P'\l,J-;\.\ 'Ii CAROLlNAVii:LAc;i, 1_,,-' -- -'---",' j!~_:~gl~~LjJI~I:iL::~!U2~~jjj,::gW[)::_'~UT L]J r-\ , MISSION CHURCH PUD : VANDERBILT BEACH ROAD i U--- .----___._.__.....1. rrl, 11 l' '-:ill.... r" -T , "1 i ~' !....I'-]I.. - -'-1 jl -111'11,,'-----'1/:," T'l"i i'=J' ' Lti---j '-r:'-I-'- :+ili . i : . jT~-1 .......--Jlrrl- -! 1-+1'1 li--I ,I 1 I, ii, I,.. .,__ ii: I , j Ii: i I I ' . . I" 1_' "'Ii ,I I I II I I I I ' I I Iii 'I i J I I ' I ' Ii I I '" ii' ,'j. , 'i i, I, ,. ' ..-..- -..j,........ _..c._ . ", --I' 'l.-J-, i-i- '1"1-'" .iG~J~T~~~~ IdfATfs - T-", :'1 -t.-: . -1-'-1 : : "'1 ;i Ii' '.,'. ,.,.1.:.1 "1 I, Ii ! ' I 1 r ! : h- - -.i i .r...~'-!-.-~-..-i i, I' i" +-., .!-i- Ii l-I,"--'I: li +1+-1- . L . .'1' I:.b:d, GO~, dE~,i, .is.,! AtE[~~A~E~- i i ! ' j i ! : ! ] L~.'''..'". i'-.- "jl 'I!! ..) '""--1 ,I , , \--) ~'-.i ' I j I \.'.1....,,[.:.-...-.'.] /TfiT'--"iT'" n:'j' r:-... f. '-i :.,.~,....LL.I.ilL-,.l.,..:_L.!.. J '..'1-.____ --, \fr"'f"'i'TT'rTj"j"Tj. liT'-' r~ . '''--i !":j 'l_,.-;",-w,...LLL .-,,,,~_L,,j,,,,_'1 \,=1 t:,,~ ,-- . ;._..j ~."...1 ? ~j!J f~:EI];Jrl,r:/)?jL?!10J;~t;)!.. , '( x-) . " I.......J..L.. ..,...."..,.~ : \ c' , )I ~.:':? i-':_L,J ?,,',:) \~~-\ \- j ;:iD;;IIT.~t~E9J~fr~!.l: ,..J -tF,Lf ;i~j~:~j~] , ....,..i__.._ --'-, ''''''ru' ii 'I i. '''''Ii :t I I .... .... u 4....- ''',I I: " " ....~.___---11 I ! . ...1 I --;_.. i I , Ii ,~-L_ ..../. '''--'''[""'''1 i i ! . , I I ' I .1.11....; ii' . ! ; 1 ' . i I : 'j' "'!"-'T-'-"" LOCATION MAP i!"~~~~1Jry!~~w.~~~,ry~!'0~,~~:~:::'l'?~~~~~-~~~.?,"':"r.~','\Y"C"':""""'.":"."" . . ..............."~7"...,.,"1=~!""...~~~~~~~A."!'~.';!:<~~d'~: .~~,~~-ii~.. .. . gen a lterilNO' 88 ." .. 7:.~.~~"6'oi::: .'.:< .-;-.<. ";'::.>:+,?:: .,.",.'. " ,."":.,,.,.., .",.:"-;..,;. , _ -:' ,'.': ~ .:: .: :i,:-:,: .-,--..;.:';'",.-.'" .-..,... Agenda Item No 88 December 14, 2010 Page 91 of 110 ORDINANCE NO. 10-~_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A MIXED USE PLANNED UNIT DEVELOPMENT ZONfNG DISTRICT (MPUD) TO AN MPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS SONOMA OAKS TO ALLOW CONSTRUCTION OF A MAXIMUM OF ]20,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND/OR SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED UVING AND SKILLED NURSING UNITS AT A FAR OF .60 ON THE COMMERCIAL PORTION AND A MAXIMUM OF 114 RESIDENTIAL DWELLING UNITS AND/OR A MAXIMUM OF 456 SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED LIVING AND SKILLED NURSING FACILITY UNITS ON THE RESIDENTIAL PORTION, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951) BETWEEN WOLFE ROAD AND LOOP ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-61, THE FORMER SONOMA OAKS MPUD; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Margaret Perry of WilsonMiller Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P,A, reprcsenting Voila II LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; 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 34, Township 48 Sonth, Range 26 East, Collier County, Florida, is changed hom a Mixed Use Planned Unit Development (MPUD) to an MPUD Zoning District, for a project known as the Sonoma Oaks Mixed Use Planned Development to allow construction of a maximum of ]20,000 square feet of commercial development and/or senior housing units including independent living, assisted living and skilled nursing units at a FAR of .60 on the commercial portion and a maximum of 114 residential dwelling units and/or a Sonoma Oaks MPUD, PUDA-2007-AR-11961 REV, 10122/10 Page 1 0(2 Agenda Item No. 88 December 14,2010 Page 92 of 110 maximum of 456 senior housing units including independent living, assisted living and skilled nursing facility units on the residential portion in accordance with the MPUD Documents, attached hereto as Exhibits A through F, all of which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 05-61, known as the Sonoma Oaks MPUD, adopted on November 15, 2005, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 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 ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: (1\0 0" 0 \,;-01\ .0\ . Heidi Ashton-Cicko Section Chief, Land Use/Transportation Exhibit A-I: Exhibit A-2 Exhibit B-1 : Exhibit B-2: Exhibit C: Exhibit 0: Exhibit E: Exhibit F: List of Allowable Uses (Residential) List of Allowable Uses (Commercial) Residential Development Standards Commercial Development Standards Master Plan Legal Description List of Requested Deviations Development Commitments Project History: Ordinance Number 05-61 CP\08-CPS-00863153 Sonoma Oaks MPUD, PUDA-2007-AR-11961 REV. 10/22/10 Page 20f2 Agenda Item No. 88 December 14, 2010 Page 93 of 110 EXHIBIT A-1 RESIDENTIAL "R" SUBDISTRICT LIST OF ALLOWABLE USES Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family and/or multi-family dwellings (maximum of 114). 2, Independent living facility (ILF) units for individuals over the age of 55, assisted living facility (ALF) units, and skilled nursing facility units or a continuing care retirement community ('CCRC") consisting of ILF, ALF and skilled nursing units may be constructed. The maximum size of the ILF, ALF, CCRC skilled nursing and similar facilities shall not exceed a floor area ratio (FAR) of 0.6. For conversion purposes, four (4) ILF, ALF, or skilled nursing units shall be equal to one (1) residential dwelling unit, for a maximum of 456 ILF, ALF, skilled nursing or CCRC. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code (LDC). B, Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Clubhouses 2. Private garages 3. Swimming pOOls with, or without screened enclosures 4. Tennis courts 5. Tot lots 6. Playgrounds 7, Outdoor recreation facilities 8. Model homes, and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos. parking areas, and signs SUbject to the requirements of the LDC. g, Essential services, including water and sewer lines, natural gas lines, electrical transmission and distribution lines, sewage lift stations and water pumping stations, essential service wells and wells permitted by the South Florida Water Management District (SFWMD) or the Florida Department of Environmental Services (FDEP) 10. Water management facilities and related structures 11. Irrigation treatment and distribution facilities 12. Temporary sewage treatment facilities 13. Lakes, including lakes with bulkheads or other architectural or structural bank treatments 14. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary Revised October 21,2010 Sonoma Oaks MPUD Page 1 of 15 Agenda Item No. 88 December 14, 2010 Page 94 of 110 EXHIBIT A-1 RESIDENTIAL "R" SUBDISTRICT LIST OF ALLOWABLE USES access ways, parking areas, and related uses. Temporary sales centers may be serviced by temporary well and septic systems. 15. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls 16. Uses accessory to ILF, ALF, and/or skilled nursing facilities, such as, but not limited to, on-site dining facilities, group transportation services and wellness centers. Development Standards: Exhibit B-1 sets forth the development standards for land uses within the MPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Growth Management Plan (GMP) and the LOC in effect as of the date of the site development plan or subdivision plat approval. A base density of four dwelling units per acre yields a gross density of 114 dwelling units for the Sonoma Oaks MPUO. . Operational Characteristics: The developer of ILF, ALF, CCRC and/or skilled nursing facilities, its successors or assigns, shall provide the following services and/or be SUbject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' Individualized needs including but not limited to medical office visits. 4. There Shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed to allow a resident to age-in-place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Revised October 21, 2010 Sonoma Oaks MPUD Page 2 of 15 Agenda Item No. 88 December 14, 2010 Page 95 of 110 EXHIBIT A.2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Paint, glass, and wallpaper stores (Group 5231) 2. Variety stores (Group 5331) 3. Miscellaneous and general merchandise stores (Group 5399) 4. Candy, nut and confectlonary stores (Group 5441) 5. Dairy product stores (Group 5451) 6. Miscellaneous food stores (Group 5499) 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 In the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572, and 573 in the Standard Industrial Classification Manual. 9. Eating places (Group 5812), except that a maximum of one free standing fast food restaurant. as defined in the lDC, shall be permitted. not to exceed 5,000 square feet of gross leasable floor area. 10. Drug stores and proprietary stores (Group 5912) 11. Sporting goods and bicycle shops (Group 5941) 12. Book stores (Group 5942) 13. Stationary stores (Group 5943) 14. Jewelry stores (Group 5944) 15. Camera and photographic supply stores (Group 5946) 16. Gift. novelty and souvenir shops (Group 5947) 17. Luggage and leatherworks stores (Group 5948) 18. Establishments operating primarily in the fields of finance. insurance, and real estate as defined under Major groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard I ndustrial Classification Manual for the following Industry Groups; a. Photographic portrait studios (Group 722) b. Beauty shops (Group 723) c. Barber shops (Group 724) d, Shoe repair Shops and shoeshine parlors (Group 725) e. Miscellaneous personal services, only including Group 7291 tax retum preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service. hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in rendering services to businesses on a contract or fee basis for the following Industry Numbers: a. Advertising agencies (Group 7311) b. Advertising, not elsewhere classified (Group 7319) Revised October 21,2010 Sonoma Oaks MPUD Page 3 of 15 Agenda Item No. 88 December 14, 2010 Page 96 of 110 EXHIBIT A.2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES c. Adjustment and collection services (Group 7322) d. Credit reporting services (Group 7323) e. Mailing, reproduction, commercial art (Group 7331-7338) 21. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, photofinishing laboratories. 22. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 - watch, clock, and jewelry repair and Group 7699 - repair shops and related services. not elsewhere classified. 23. Video tape rental (Group 7841), excluding adult oriented rentals and sales. 24. Physical fitness facilities (Group 7991) 25. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Numbers: a. Offices and clinics of doctors of medicine (Group 8011); b. Offices and clinics of dentists (Group 8021); c. Offices and clinics of doctors of osteopathy (Group 8031); d. Offices and clinics of other health practitioners (Group 8041-8049); e. Medical and dental laboratories (Group 8071-8082); f. Miscellaneous health and allied services not elsewhere classified (Group 8092-8099). 26. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 27. Membership organizations engaged in promoting the interests of its members as defined under Major Group 86 in the Standard Industrial Classification Manual. 28. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Engineering services (Group 8711) b. Architectural services (Group 8712) c. Surveying services (Group 8713) d. Accounting, auditing and bookkeeping services (Group 8721) e. Management services (Group 8741) f. Management consulting services (Group 8742) g. Public relations services (Group 8743) h. Business consulting services (Group 8748) 29. Independent living facility (ILF) units for individuals over the age of 55, assisted living facility (ALF) units, and skilled nursing facility units (Groups 8051 and 8052) or a CCRC consisting of ILF, ALF and skilled nursing units. The maximum size of the ILF, ALF, CCRe, skilled nursing and similar facilities shall not exceed a floor area ratio (FAR) of 0,6. 30. Any other principal use which is comparable in nature to the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outiined in the LOC. B, Accessory Uses: Accessory uses and structures customarily assOCiated with the permitted principal uses and structures, including, but not limited to: Revised October 21,2010 Sonoma Oaks MPUD Page 4 of15 '---""~'*-'--' Agenda Item No. 88 December 14, 2010 Page 97 of 110 EXHIBIT A-2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES 1. Uses and structures that are accessory and incidental to the Commercial Permitted Principal Uses within the Sonoma Oaks MPUD. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use. 3. Essential services, including water and sewer lines, natural gas lines, electrical transmission and distribution lines, sewage lift stations and water pumping stations, essential service wells and wells permitted by the South Florida Water Management District (SFWMDl or the Florida Department of Environmental Services (FDEPl, and govemment facilities (including law enforcement, fire, emergency medical services and facilities, pUblic park and public library services and facilities) 4. Water management facilities and related structures 5. Irrigation treatment and distribution facllitles 6. Temporary sewage treatment facilities 7. Lakes including lakes with bulkheads or other architectural or structural bank treatments 8. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants. including necessary access ways, parking areas. and related uses. Temporary uses for sales centers may be serviced by temporary well and septic systems, 9. Landscape features including, but not limited to, landscape buffers, berms. fences, and walls 10. Uses accessory to ILF, ALF, CCRC and/or skilied nursing facilities, such as, but not limited to, on-site dining facilities, group transportation services and wellness centers. DeveloDment Standards: A. Exhibit B-2 sets forth the development standards for land uses within the MPUD Commercial (C) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the GMP and LOC in effect as of the date of approval of the SDP or subdivision plat. B. Maximum CommerciaVOffice Square Footage: The 8.93+1- acre Commercial Tract ("C") shall not be developed with more than 120.000 square feet of commercialfoffice uses in accordance with the permitted principal and accessory uses set forth above. IlF, ALF, CCRC, skilled nursing and similar facilities shall not count toward the 120,000 square feet of commerciaVoffice square footage, and shall not exceed a FAR of 0.6. Ooerational Characteristics: The developer of ILF. AlF, CCRC andlor skilled nursing facilities, its successors or assigns, shall provide the following services andlor be subject to the following operational standards: 1, The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents, Revised October 21,2010 Sonoma Oaks MPUD Page 5 of 15 Agenda Item No. 88 December 14, 2010 Page 98 of 110 EXHIBIT A.2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits, 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs, The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse, 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed to allow a resident to age-in-place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Revised October 21, 2010 Sonoma Oaks MPUD Page 6 of 15 Agenda Item No. 88 December 14, 2010 Page 99 of 110 EXHIBIT A-3 NATIVE PRESERVE "P" SUBDISTRICT ALLOWABLE USES AND DEVELOPMENT STANDARDS Permitted Uses: No building or structure. or part thereof. shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1 . Open spaces/Nature preserves B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Water management structures 2. Mitigation areas 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. DeveloDment Standards: 5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD Master Plan provided as Exhibit C of this Ordinance. Revised October 21, 2010 Sonoma Oaks MPUD Page 7 of 15 Agenda Item No, 88 December 14, 2010 Page 100 of 110 EXHIBIT B.1 RESIDENTIAL uR" SUBDISTRICT DEVELOPMENT STANDARDS DEVELOPMENT SINGLE MULTI-FAMILY CLUBHOUSE! ILF/ALF/CCRCI STANDARDS FAMILY RECREATION SKILLED (ATTACHED BUILDINGS NURSING AND UNITS. DETACHED) PRINCIPAl.. STRUCTURES MINIMUM LOT 2,250 S.F. 10,000 S.F. 10,000 S.F. N/A AREA PER UNIT MINIMUM LOT 35 FEET 100 FEET N/A N/A WIDTH MINIMUM 1,000S.F. 1,000 S.F./D.U. N/A N/A FLOOR AREA MIN FRONT 15 FEET 15 FEET 15 FEET 15 FEET YARD' MIN SIDE YARD 5 FEET 15 FEET 15 FEET 15 FEET MIN REAR 15 FEET 20 FEET 20 FEET 20 FEET YARO MIN PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MIN DISTANCE 10 FEET Yo THE ZONED Yo THE ZONED Yo THE ZONED BElWEEN BUILDING BUIILDING BUILDING STRUCTURES HEIGHT OF HEIGHT. NOT HEIGHT OF THE THE TALLEST LESS THAN 30 TALLEST BUILDING FEET BUILDING MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET HEIGHT FEET ZH or 55 FEET AH2 ZH or 55 FEET ZH or 69 FEET 45 FEET AH AH AH2 MAXIMUM N/A N/A N/A 0.6 FLOOR AREA RATIO ACCESSORY STRUCTURES FRONT' 10 FEET 10 FEET 20 FEET 10 FEET SIDE 5 FEET- 5 FEET YoBH 5 FEET REAR 5 FEET 5 FEET 10 FEET 5 FEET PRESERVE 10 FEET 10 FEET 10 FEET 10 FEET SETBACK DISTANCE 6/0 FEET 6 FEET 10 FEET 6 FEET BElWEEN PRINCIPAL STRUCTURE MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET ZH HEIGHT FEET ZH or 55 FEET AH' ZH or 55 FEET or 69 FEET AH, 45 FEET AH, AH, whichever wh ichever is less' whichever is is less less Revised October 21,2010 Sonoma Oaks MPUD Page 8 of 15 -'~-~"'._~'t--".....--- Agenda Item No. 86 December 14, 2010 Page 101 of 110 EXHIBIT B-1 RESIDENTIAL "R" SUBDISTRICT DEVELOPMENT STANDARDS NTE = Not To Exceed BH .. Building Height ZH = Zoned Height AH .. Actual Height Notes: 1 , Setback from lake easements for all accessory uses and structures shall be zero feet (0') or greater. 2. No buildings greater than fifty-one feet (51') in height (zoned) shall be permitted within two hundred feet (200') of the westem property line. All buildings within one hundred feet (100') of the western property line shall not be oriented parallel to the western property line. 3. Front yards shall be measured as follows: If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). 4. If ILF. ALF, CCRC, skilled nursing or similar facilities are located in the Residential District in an area adjacent to the Preserve, the Preserve acreage shall be allocated to the FAR even if it is platted in a separate tract. 5. Minimum side yard setback for principal and accessory structures may be reduced as long as the minimum distance between principal structures is a minimum of ten feet (10'). GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Revised October 21, 2010 Sonoma Oaks MPUD Page 9 of 15 Agenda Item No. 88 December 14, 2010 Page 102 of 110 EXHIBIT B-2 COMMERCIAL "C" SUBDISTRICT DEVELOPMENT STANDARDS PRINCIPAl USES ACCESSORY USES ILF/AlF/CCRC/SKlLLED NURSING MINIMUM LOT AREA 10.000 Sa. Fl. N/A N/A MINIMUM LOT WIDTH 100 Fl. N/A N/A MINIMUM YARDS fExtemal) From Wolfe Road 25 Ft. SPS 25Ft. From Collier Blvd. 25 Ft. SPS 50 Ft. From Looo Road 25 Ft. SPS 25Ft. MINIMUM YAROS Ilnternall Internal Drives/ROW 15Ft. 10Ft. 15 Ft. Rear 10 Ft. 10 Ft. 10 Ft. Side 10 Ft. 10 Fl. 10 Ft. Lakes 25Ft. 10Ft. 25 Ft. PRESERVE SETBACK 25 Ft. 10 Ft. 25Ft. MIN. DISTANCE BETWEEN 10 ft. or Y, the sum 10Ft. 10ft. or Y, the sum of the STRUCTURES of the zoned zoned building heights' buildina heiQhts' MAX BUILDING HEIGHT 61 feet ZH or 69 feet AH NOT TO EXCEED Retail Build/nlls'" 42ft,ZH 42ft. ZH N/A Office Buildinos'" 42 ft. ZH 42 ft. ZH N/A Combination Retail and 42 ft. ZH 42 ft. ZH N/A Office- ILF/ALF/CCRC/Skilled N/A N/A NTE 61 FEET N ursine ZH or 69 FEET AH MINIMUM FLOOR AREA 1000 Sa. Ft." N/A N/A MAX. GROSS LEASABLE 120,000 Sq. Ft. N/A N/A AREA MAXIMUM FLOOR AREA N1A N1A 0.6 RATIO . whichever Is greater .. Per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall adhere to the development standards listed in accessory uses above. "'Actual height, as defined in the LDC shall not exceed 50 feet. SPS " same as principal structure BH = Building Height ZH = Zoned Height AH = Actual Height Revised October 21,2010 Sonoma Oaks MPUD Page 10 of 15 1_0__ . " 3~ I, 3~ J~ .~;: i "~~~ s~ l. os~ m O"~. ~t.L "..~ ~~ ~. !.~., 0' i~~ ~i ~~! ~~~ ~o ~Z! :i~ :'\; ,,0.."",10. ~S , , !~ .. ~ \ \ '\ '_ '___ __~__,~O~1:~B~~~_~~i511 / II ~; rr ~~~~=~ --~ if r= ~~~ --= ~ ~- ~r-I~ L'~_. nt, I U II U · r.. f~(~~-c -: -- ru_ I J r,;. ;l~:;; "" I -0. 1", ~- "~~ ~g'" II ~~ lL~e ! ,I ~~ 0: I r ~~ -- - Iii' " ~! ,: i :J I 11 I' II II I ~k~_c">. _~/ !n.. / (/ 'm ~ ~. , "~ ~ ! ~ ~ / , ~l'n~ .~ ~Ih~ 't(~ :n; i}iE ;ji iN~~ .!k~ lim~ 'i~~il " .... ~ 'JJO ~ ~ ''-I;.,:):t:l G:l :ii ~ ~O" ~ <C ~C'lE 8 ~ a, 9~-5~ ~ en ...l.o:Q50 ~ ~d'~&1 ~ Z;!;~~~~' :::l ,....'!.7.E',. Vi ~ i=: () :!i '" ~ ~ <Xi .,., ..0 ~ N"; ;e, ~ N h ~ 1):1 ~ '" z :;; e ~ ill Vi ~ UJ Vi :o! o '" s.!J ~ ~ -l ~ :;: ~ p s ~ ~ "' ~ ~~~~~ ~ !J.l "" (J'> ~ p ~ ~~tr;2t3~~ 8i~" o~ . ::lu: -" .' ~~ ,0 Vl ~~ ~ ~~ o ;;" z 2~ ~ ~!i; ~, :~ ml ~@ <Ill?;"'" ;il ~ ~ ~I ;OQ ~I u~ [JlJll 0 0:: $ ~ o~ ., 'I S, ~~ , ; f , :;; Q , ~ . 0 < z " < < ~ ~ s z < ~ (; i G z z .) ~ ~ z - 8 ~ - 8 C ~ ~ ~ Q 2 (\ ~ ~ , ~ z ~ ~ ~ ~ .~ ~ ~ " 5 F' , , j E~ "< zu ~~ ~::; j~ <. 5<2 2~ .- U ~e 'z 6~ cr, ~~ Q~ '0 ::;~ ~~ ;." P" ""a ~~ ~'" s:J ~~ g~ "' -~ ._-......... -'-~.~--------- -'-~~---- n.. ;f. om !. 'l I ( ~!;~~!~ ~~~i:lii?!l .<~~h. .'~...' ;!,~~~ .n'.~ ilii~~ ~o..~l ~l~=~i ;o-!its:c - ~ r'l' II ,-,j' .. ~ pi I ~il ~. "I i~ n -:-, -<i~1 ~ j~ ~ .. ~ o~ · ~I - ,~ ~ ~ ::: ~, !. ~ Il i ~ ""~1 '" , 00 (;, N ~ r~j(l ..xl! .-; ..,. "'1 "', ~~ ~ t- Z W :;; UJ Vi L5 Vi Vi W () () '" () ::J al :0 a. o :':! ....' :5' a.! z OJ UJ o '1: b ~ ~ () ~! ..- o ..- \.7 Q~~ ~~= ~~ ~ . " , . ~ - ~ i li . ~ I .H!! I , II, ill II , j;Ji - I I: .i ~ l'!:J _I ;:)11 i i J , " - < _.__..__._-~._.~-~.._._----_.._..~--..__.._-_.._----_...._-- _.__ ... ... ........-_'_ ___11_ ~. ~ '0 < " ~ , , j ,\;;'~'" - ~!1;~- · "ij .00 , , , ~ < , , ~~~ Agenda Item No, 88 December 14 2010 Page 104 ~f 110 EXHIBIT D LEGAl DESCRIPTION THE SUBJECT PROPERTY BEING 37.5+/- ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT.OF.WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF.WAY (PARCEL 3). Please note; legal description has not changed; it is being provided with this submittal as a courtesy. ; Revised October 21, 2010 Sonoma Oaks MPUD Page 12 of 15 Agenda Item No. 88 December 14, 2010 Page 105 of 110 EXHIBIT E LIST OF REQUESTED DEVIATIONS Deviation 1 from LOC Subsection 6,06,01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right-of-way for local roads to be at least sixty feet (60') wide to allow a roadway width of fifty feet (50'). Please note the reduced roadway width will not diminish the level of service standard and all supporting water, sewer and utilities will be accommodated. The minimum right-of-way or roadway width to be utilized for all project streets in the Sonoma Oaks MPUD shall be fifty feet (50'). Justification: In order to accommodate the County's demand for Collier Boulevard and Wolfe Road right-of-way acreage that resulted in a total loss of 3.5 acres, and to meet the required native vegetation area of 5.73 acres, a roadway width of 50 feet Is required. Revised October 21,2010 Sonoma Oaks MPUD Page 13 of 15 Agenda Item No. 88 December 14, 2010 Page 106 of 110 EXHIBIT F DEVELOPMENT COMMITMENTS Transportation The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer has conveyed right-of-way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property frontage on Collier Boulevard; and (2) Wolfe Road. a strip of land 80 feet In width and 540 feet in length along Wolfe Road frontage of the project. No further conveyances are required. B. The roadway within the Sonoma Oaks project connecting Wolfe Road and Mission Hills Boulevard shall be an unplatted pUblic access easement which shall be created prior to the issuance of the first building permit and shall be constructed prior to the issuance of the first certificate of occupancy. All storm water run-off associated with the access easement shall be accommodated on-site via the Sonoma Oaks storm water management system. All storm water management infrastructure shall be designed in accordance with South Florida Water Management District and Collier County standards and the proper easements shall be recorded. The Sonoma Oaks property owners' association shall be granted ownership, access rights and maintenance responsibility for the publiC access easement and all infrastructure serving the public access easement. C. The development within this project shall be limited to 583 adjusted two-way, PM peak hour trips (correspondent to the highest trip generation scenario of those proposed in the updated traffic stUdy information dated April 12, 2010); allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday PM peak hour trip generation for this PUD, the lesser of the weekday PM peak hour tr!rs as calculated In the Institute of Traffic Engineer's (lTE) Report, titled Trip Generation, 8 Edition or the trip generation as calculated in then current ITE Trip Generation Report Shall be utilized. Utilities The development of this MPUD Master Development Plan shall be subject to and governed by the fOllowing conditions: A. The Owner will convey to Collier County an easement for a parcel of land for a well and pump-house, at no cost to the County. The size of the well and pump-house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The Owner shall also convey to Collier County a 20 foot non-exclusive easement for access to the well site parcel and for underground pipelines, at no cost to the County. The general location of the well site parcel and the 20 foot access and utility easement and the configurations are indicated on the PUD master pian. The precise locations of the easements shall be determined at the time of first site development plan or subdivision plat approval. Collier County may also use the public access easement described in Transportation Commitment Condition B of this Exhibit F to install its Revised October 21, 2010 Sonoma Oaks MPUD Page 14 of 15 Agenda Item No 88 December 14,2010 Page 107 of 110 EXHIBIT F DEVELOPMENT COMMITMENTS underground pipelines and other utilities by coordinating the location with Owner. Collier County agrees to design and construct the pump-house, fencing, landscaping, signage, and lighting, and any other site improvements in the well site parcel so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location, In exchange for the easements, at a minimum, Collier County agrees to provide a type C buffer around the perimeter of the welVpump house area, and the developer of Sonoma Oaks shall review and approve the design of the welVpump house and the landscaping prior to construction or installation. At or before site development plan approval if Owner has not platted the easements, Collier County shall prepare at its expense any necessary easement documents and legal descriptions for the well site and access easements which documents are subject to the Owner's review and approval. Environmental The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06. of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. B. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species.' Where gopher tortoises or other protected species have been observed on site, a Habitat Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. ' C. 5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD Master Plan provided as Exhibit C of this Ordinance. Revised October 21, 2010 Sonoma Oaks MPUD Page 15 of 15 (QOO co~~ ,O~ (""/O>..!4- - ') L J 2a;..- -.D Q) "'EOJ 'OUJ'" cuo.... '" " ;fo t- Z ~ 00 ~~ ~ i= ~8 0-<( "~\ g: g i ~ lr-1f1 I~ 1_11 ~I' ~! lir l~!ir~~, r:1 h ) ~ ~ ~Il , I ~1'~ I' lir u 11 i! -r-"'''''''- Jill '-r- r.B - c.::-'-""H.! 11! j, i ~ 1.-~ ! . I W j; u_ .T !" il. _ _ "._L!'_ _'__'lliJ i L I~J I I~~ O~::;":.:.~! -1!1, ~-. I;! , r-~-- -r Ii . "10!- -'.< ,- "' Ni~I'Llcr~'-"-~-- l~" - - -L' ...=L _ <l: o ~ , l , , , , 0 ; - ~g ::: -- ( ~<;;6 ,n) w 3 rn o u > " z o 8 _ 1 " u ~ " o ::l 0.. z o w- f-~ ",0 o ~ " Cl~ ::JQ o..~ ~~ ~ J , 0 -~~1;~1~~ . 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COLLIER' BLVO~ leR 9511 19 , , ~~ ! , , I --,- --,-~-,- __':..i. ~!_-~ ~~ ~ ,- .:....j - - - I z ~tj 5u ou I I I ~~ o"-!::: .~ l ." ~~~ ~~ j a..t:!i: I U I u :/~ I , I ; ~ . '--- I 8 " ~ '-- , " 0 ~ g .n ~ ~ p~ - ~ j ~. .~ ~ liS ON 'Ij.. '" .~ " I , 00 I: "' . og o. -0 '. ~g j ~; Agenda It Q ,8 '< ", ~o :m ~ ~8 Decembeo 10 o~ ~ ! Page 1 0 ~~ I ,. i I "1 :;:'!Z 'I '" ,- ~~ ~ ;;s " 8~ II , ~< " ~~ 0::: ~ SO ~ ~' il' ." ~ "~ ' . z ~ ~ 0 81 CL Vi ~. " i ~ " ~ ~ . ~ p~ ~ " ~. ~ I .~ "i'.'~d , o .~o !l! ~ ! CL / ~~~~~d ~ / ~~g~~~:ii ~i~~~! ~ ~ ~i~'~g~~ l~*~ i 5 ~ ~ ~6~~ , ~ gi~i~i~ ~ S "'!a~!1l~;l5 w ::li/;'l" o~ ~ E ~f ::>ii'l:;! ~~2~g~ ~~a;f~~~ ';2;!; ~~~lll ~;:;~~~~~ ~~ ~ .~~<j~ P"~~i 1:';::i= ~- 0 ~~~:;;I:l'::; 8~ ;il~~~ .~ <1: '~o~"! ~~ l ~~~~q 0 2~ m~~~ .z66~i 0<1: ~lS~~~o tl(:5;:J1:i~ :q::> ~~ ~s::;~~ 20 ~c::;..~ 'l~.~~ 0 f...<<i""~ ,'2<<i >-~~~::3o Vl ~~~~@ >~ .- . 0 ~ f-' W' W u.. W "' '" OJ o UJ u; f- Z OJ UJ W "' U '" " >- ~ "' '" 7. :::; ~ :::; e ~ OJ ~ UJ ~ W UJ OJ 0, '" z' 1--1 '" ~ J /, t/1 Cl ~ H 8:J ~;j '"" .-. -f t;:; ::.i ~ ;;~. l)lflt::t;j ;t ~~3~ ~ ...;"'- l) Z CJ ~~~~ ~ 6 - g; ~ g =~~~ 5 N o ~ ~ ~ 0 < ~ " ," N ~ N ,.; " ~ ~ ~ ~ ~ ~ ~ 0 , ~ 'J', , " ~ ~ ~ ~ I" $ ~ ::: " ~ ~ u ~ u ~ ~ u ~ ~ 0 ~ 0 ~ ~ ,~ ~ w 0 ~ ~ :::> w ~ 0 ~ ~ ~ 9 1< 0 ~ 'j 0 ~ u z 2 10 if- U 'L ~I r I I I ,-' III " 'I :,] g f- jl.i ~ ,. z W , :::; 'I'~il W UJ, o 1:.1. ~ iiil ~ I'~I ~ '.ill ;::' =p UJ I i" (, UJ , c W co c U ;~ Eci U f ~ , '" , ?~ I ? c t u ,'2 :J :1' " (lJ " ~ OJ 0 ~ "- " I "' " 0 9 N , ~ W v" I f- 0 I f- " , '" s " -' ~ c :1, "- j{i z fj t p OJ ~ '.' t ~ w 0 . ~ - ~ , fe: " z ~ ~ ~( ~ "' ~ ., c-'"' '" ... !~, :; u r-:': a: >- f- ':....-.__~__.__u._..._____....:....._____...~_..~";;:-..;;__~..=.::.::.;~..:::;----=-__":':::.~..:::'-= Naples DaDy News' Sunday, November 28, 201(1 · 21D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, Oecember 14. 2010. in the Boardroom. 3rd Floor, Al;iministration Building, Collier County Government (eoter, 3299 East Ta- miami Trail, 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 COlliER COUN. TY, FLORIDA, AMENDING ORDINANCE NUMBER 04'41, 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 PROPER. TY FROM A MIXED USE PLANNED UNIT DEVELOPMENT ZONING DISTRICT (MPUD) TO AN MPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS SONOMA OAKS TO ALLOW CONSTRUCTION OF A MAXIMUM OF lZ0,000 SQUARE FEET OF COMMER. ClAL DEVELOPMENT AND/OR SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED LIVING AND SKILLED NURSING UNITS AT A FAR OF ,60 ON THE COMMERCIAL PORTION AND A MAXIMUM OF 114 RESIDENTIAL DWelLING UNITS AND/OR A MAXIMUM OF 4S6 SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED liVING AND SKILLED NURSING FACILITY UNITS ON THE RESIDEN. TIAL PORTION, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULE. VARD (CR 9S1) BETWEEN WOLFE ROAD AND LOOP ROAD, IN SECTlON 34. TOWN. SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA, CONSISTING OF 37.5 +/. ACRES: PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-61, THE FOR. MER SONOMA OAKS MPUD; AND BY pROVIDING AN EFFECTIVE DATE. ",': " " .... {,. ".,...., . Petition: PUDA-2007-AR-11961. Voila, II, ll( represented by . Margaret Perry, of WilsonMiIler, Inc., and Richard D. Yovanovich, Esquire, of Cole- man, Yovanovlch and Koester, P.A., Is _requesting an amendment to Sonoma -Oaks Mixed UsePlanne(j Unit Development (MPUD) to . ,,', ,',' allow a maximum of 114 residential dwelling units and/or a l11aximu.m of 456'senior housing units on the residential portion and up to 120,000 squa're feet 'of commer. cial development andlor senior housing units at a FAR of 0.60 on the -8.93 acre com. mercial portion of this 37.5 +/- acre total project. Senior housing units. include inde. pendent living facilities, assisted living facilities andlor skilled nursing facilities. The ,ubl'ect property is located on the west side of Collier Boulevard (CR9S1) between Wo fe Road and Loop Road, In Section 34, Township 48 South, Range 26 East, Col-' lier County, Florida. A copy of the proposed Ordi.nance is on, file, with the Clerk to the Board and is available for inspe~lon., AII,!~ter~sted~.ar;tj'es are jn~j~~~ to attend In.d be heard,: "--.', ,',,:,:..- NOTE: All persons wishing to speak. on any agenda item must register with the County Manager prior to presentation of the agenda' item to ,be. addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an in- dividual to speak on behalf of ~n ,organiz.ation or group Is encouraged. If recog- nized by the Chairman, a spok~sperson,for a grQup or organization m!!ly be allotted 10 minutes to speak onan item. . - , ,., Persons wishing to have' written. Or graphic materials_ indu~ed infhe BQard agenda packets must submit s.aid 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 presentation~ before the Board will become a permanent part of the record. . Any person who decides to appeal a de'(ision, of t,he 'Board will need a record of the proceedings. pertaining thereto and therefore, may need to ensure: t~at a verbatim record of the .proceeqings Is made, which record includes the telstimony and evi- dence upon which the appeal is based. ' . If you are a person with disability who needs any accommodation in order to par- ticipate in thiS proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact' the Collier County Facilities Management Depart~ ment, located at 3335 Tamiami Trail East, Building W, Suite #101, Naples. Florida 34112, (239)252-8380. Assisted listening device$ for the . hearing impaired are 'avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, flORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK. . By: Martha Vergara, Deputy Clerk (SEAL) Nov~mhpr 'R ,n10 Nn1R77Q-=tQ '","'!J Agenda Item No. 88 December 14 2010 Page 11 0 ~f 110