Loading...
Agenda 09/25/2018 Item #17A09/25/2018 EXECUTIVE SUMMARY This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2008-28, as amended, the Esperanza Place RPUD, to reduce the maximum number of residential dwelling units, from 262 to 159 units, to allow a maximum of 45 group housing units, to add single family dwelling units, child day care services, and group housing as permitted uses in Tract A, to add new development standards for group housing, to add a new deviation relating to fence and wall standards, to amend a developer commitment relating to affordable housing, and to amend the Master Plan. The subject property is located on the north side of Immokalee Drive, approximately one quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 31.6± acres; and by providing an effective date. [PL20170001326]. (This is a companion to Agenda Item 16.D.1) OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property consists of 31.6 +/- acres and is located on the north side of Immokalee Drive, approximately one-quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South, Range 29 East, Collier County. The petitioner is requesting that the Board consider an application to amend Ordinance Number 08-28, the Esperanza Place Residential Planned Unit Development (RPUD) to reduce the maximum number of residential dwelling units, from 262 to 159 units, to allow a maximum of 45 group housing units, to add single-family dwelling units, child day care services, and group housing as permitted uses in Tract A. Also, to add and approve new development standards for group housing, to add a new deviation related to fence and wall standards, to amend a developer commitment relating to affordable housing, and to amend the Master Plan. The petitioner is also requesting approval of an Amended Affordable Housing Density Bonus Agreement, which will be a separate companion agenda item. 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: The ±31.63-acre subject property is designated Urban, Mixed- Use District, Low Residential Subdistrict as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan (IAMP). According to the IAMP, “the purpose of this designation is to provide a Subdistrict for low-density residential development. Residential dwellings shall be limited to single-family structures and Duplexes. Multi-Family dwellings shall be permitted provided they are within a Planned Unit Development... A density less than or equal to four (4) dwelling units per gross 17.A Packet Pg. 2668 09/25/2018 acre is permitted.” A variety of non-residential uses are also allowed, including daycare and group housing. The IAMP states, “To encourage the provision of affordable-workforce housing within certain Subdistricts in the Urban Designated Area, a maximum of up to eight (8) residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable- workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended, adopted June 22, 2004, and effective October 19, 2004). This bonus may be applied to an entire project or portions of a project provided that the project is located within … any residential sub-district.” The Esperanza Place RPUD site is eligible for up to 12 dwelling units per acre (DU/A) with a base density of 4 DU/A + 8 DU/A for affordable-workforce housing yielding a total of 380 DUs (12 DU/A * 31.63A = 379.56 DUs = 380 DUs). The existing affordable-workforce housing agreement and PUD were approved for 262 DUs at a density of 8.28 DU/A. The proposed reduction in the maximum number of dwelling units from 262 to 159, at a density of 5.03 DU/A, is consistent with the Density Rating System of the IAMP. This RPUD has an existing approved companion Affordable-Workforce Housing Density Bonus Agreement for a maximum of 262 DUs with a density of 8.28 DU/A, which is more than double the density allowed in the Low Residential Subdistrict without such an agreement. The petition includes a revised “Agreement” that would limit the RPUD to a maximum of 159 DUs or 5.03 DU/A (159 DUs/31.63A = 5.03 DU/A). The Agreement will be a separate companion agenda item. Based upon the above analysis, the proposed PUDA may be deemed consistent with the Future Land Use Element. Transportation Element (TE): The project is consistent with Policy 5.1 of the Transportation Element of the Growth M anagement Plan, which states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” 17.A Packet Pg. 2669 09/25/2018 The proposed residential development will generate a projected total reduction of +/-18 PM peak hour, 2- way trips on the adjacent local roadway when compared to the existing-approved residential development. The proposed amendment is reducing the number of single-family and multi-family units to a maximum of 159 units while adding 45 new group housing units for a total of 204 units. The new development will have a trip limit cap of 168 PM peak hour 2-way trips which is included as a developer commitment. The adjacent roadway is Immokalee Drive, and the closest AUIR tracked road segment is SR-29 which has adequate capacity to accommodate the proposed development. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, and as noted above the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 0.31 (25%) acres of preservation has been provided by monetary donation to Conservation Collier and South Florida Water Management District. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20170001326 on August 16, 2018, and by a vote of 6 to 0 recommended to forward this petition to the Board with a recommendation of approval with stipulations. The CCPC approval recommendation was unanimous. Moreover, there was no opposition with this petition. As such, this petition will be placed on Summary Agenda. The CCPC stipulations include required deletions to the PUD document: Exhibit A - I Tract A: Revising permitted uses by removing the word “detached” from single-family dwellings units. Exhibit A - III Tract C: Revising permitted uses by removing the word “detached” from single -family dwellings units. LEGAL CONSIDERATIONS: This is an amendment to the existing Esperanza Place PUD (Ordinance No. 08-28, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to 17.A Packet Pg. 2670 09/25/2018 arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 17.A Packet Pg. 2671 09/25/2018 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence p resented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (SAS) RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant’s request to amend the PUD. Prepared by: C. James Sabo, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report - PUDA - PL20170001326 - Esperanza Place (PDF) 2. FLUE Consistency Review - Attachment B (PDF) 3. Revised Proposed Ordinance - 082218 - Attachment A (PDF) 4. [Linked] Backup Material Esperanza (PDF) 5. Legal Ad - Agenda ID #6474 (PDF) 17.A Packet Pg. 2672 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 6474 Item Summary: This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2008-28, as amended, the Esperanza Place RPUD, to reduce the maximum number of residential dwelling units, from 262 to 159 units, to allow a maximum of 45 group housing units, to add single family dwelling units, child day care services, and group housing as permitted uses in Tract A, to add new development standards for group housing, to add a new deviation relating to fence and wall standards, to amend a developer commitment relating to affordable housing, and to amend the Master Plan. The subject property is located on the north side of Immokalee Drive, approximately one quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 31.6± acres; and by providing an effective date. [PL20170001326]. (This is a companion to Agenda Item 16.D.1) Meeting Date: 09/25/2018 Prepared by: Title: – Zoning Name: James Sabo 08/21/2018 3:07 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 08/21/2018 3:07 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 08/22/2018 8:11 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/22/2018 9:03 AM Zoning Ray Bellows Additional Reviewer Completed 08/23/2018 5:16 PM Growth Management Department James C French Deputy Department Head Review Completed 08/23/2018 6:24 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/24/2018 9:18 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/30/2018 12:22 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/30/2018 1:47 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2018 3:13 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/06/2018 9:52 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/16/2018 6:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 17.A Packet Pg. 2673 PUDA-PL20170001326; Esperanza Place Page 1 of 13 Revised: July 29, 2018 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 16, 2018 SUBJECT: PUDA-PL20170001326 ESPERANZA PLACE ______________________________________________________________________________ PROPERTY OWNERS/APPLICANT/AGENT: REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 08-28, the Esperanza Place Residential Planned Unit Development (RPUD) to reduce the maximum number of residential dwelling units, from 262 to 159 units, to allow a maximum of 45 group housing units, to add single-family detached dwelling units, child day care services, and group housing as permitted uses in Tract A. Also, to add and approve new development standards for group housing, to add a new deviation related to fence and wall standards, to amend a developer commitment relating to affordable housing, and to amend the Master Plan. The petitioner is also requesting approval of an Amended Affordable Housing Density Bonus Agreement. GEOGRAPHIC LOCATION: The subject property consists of 31.6 +/- acres and is located on the north side of Immokalee Drive, approximately one quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South, Range 29 East, Collier County (see location map, page 2). Owner/Applicant: Agent: Brookwood Residential, LLC D. Wayne Arnold, AICP P.O. Box 343529 Florida City, FL 33034 Q. Grady Minor Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 AGENDA ITEM 9-B 17.A.1 Packet Pg. 2674 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 2 of 13 Revised: July 29, 2018 17.A.1Packet Pg. 2675Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 PUDA-PL20170001326; Esperanza Place Page 3 of 13 Revised: July 29, 2018 PURPOSE/DESCRIPTION OF PROJECT: The Esperanza Place PUD was originally approved by Ordinance Number 08-28. There have been no subsequent amendments. The current ordinance was approved on June 10, 2008. (Please see back-up material, Ordinance Number 008-28). The proposal is to amend the ordinance to reduce the total number of residential dwelling units by 103, changing from 262 units to 159 units. Also, they propose to add up to 45 group housing units. They propose to change Tract “A” and reduce the total allowable dwelling units by 80 units, reducing from 176 units to 96 dwelling units. Tract “A” is 15.83 acres. New principal permitted uses are proposed on Tract “A,” which include single-family detached dwelling units, child care services, and group housing. The proposed Group Housing is specific and includes care units and transitional and emergency shelters not to exceed a maximum of 45 units. The group housing will be located in the area designated R/GH on the PUD Master Plan. The applicant proposes to change Tract B and reduce the total allowable dwelling units by 23 units, reducing from 85 units to 62 dwelling units. Tract B is 13.8 acres. Changes to the Development Standards are proposed as well by adding Group Housing and Child Care to the Development Standards table for principal and accessory structures. The proposed changes to the ordinance is included as strikethrough and underline in Attachment A. The proposed Master Plan is included as Attachment B. The requested deviation is discussed later in this staff report. The applicant is also proposing to amend the Affordable Housing Agreement that was approved as a companion item to the original PUD on June 10, 2008. SURROUNDING LAND USE AND ZONING: North: Developed residential, with a current zoning designation of Residential Single- Family (RS-4) (4.0 DU/AC) and Mobile Home (MH) (7.26 DU/AC) and is approved for single family and mobile homes. South: Immokalee Drive, a two-lane roadway, and then undeveloped land, with a current zoning designation of Rural Agricultural Mobile Home Overlay District (A-MHO) (7.26 DU/AC). East: Developed residential, with a current zoning designation of Rural Agricultural Mobile Home Overlay District (A-MHO) (7.26 DU/AC) and is approved for mobile homes. West: Developed residential, with a current zoning designation of Mobile Home (MH) (7.26 DU/AC) and is approved for mobile homes. 17.A.1 Packet Pg. 2676 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 4 of 13 Revised: July 29, 2018 Aerial Map (County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The ±31.63-acre subject property is designated Urban, Mixed-Use District, Low Residential Sub district as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan (IAMP). According to the IAMP, “the purpose of this designation is to provide a Sub district for low density residential development. Residential dwellings shall be limited to single-family structures and Duplexes. Multi-Family dwellings shall be permitted provided they are within a Planned Unit Development... A density less than or equal to four (4) dwelling units per gross acre is permitted.” A variety of non-residential uses are also allowed, including day care and group housing. The IAMP states, “To encourage the provision of affordable-workforce housing within certain Sub districts in the Urban Designated Area, a maximum of up to eight (8) residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended, adopted June 22, 2004 and effective October 19, 2004). This bonus may be applied to an entire project or portions of a project provided that the project is located within … any residential sub district.” The Esperanza Place RPUD site is eligible for up to 12 dwelling units per acre (DU/A) with a base density of 4 DU/A + 8 DU/A for affordable-workforce housing yielding a total of 380 DUs (12 DU/A * 31.63A = 379.56 DUs = 380 DUs). The existing affordable-workforce housing agreement and PUD were approved for 262 DUs at a density of 8.28 DU/A. The proposed reduction in the maximum number of dwelling units from 262 to 159, at a density of 5.03 DU/A, is consistent with the Density Rating System of the IAMP. 17.A.1 Packet Pg. 2677 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 5 of 13 Revised: July 29, 2018 This RPUD has an existing approved Affordable-Workforce Housing Density Bonus Agreement for a maximum of 262 DUs with a density of 8.28 DU/A, which is more than double the density allowed in the Low Residential Sub district without such an agreement. The petition includes a revised “Agreement” that would limit the RPUD to a maximum of 159 DUs or 5.03 DU/A (159 DUs/31.63A = 5.03 DU/A). The FLUE Consistency Review is included as Attachment C. Based upon the above analysis, the proposed PUDA may be deemed consistent with the Future Land Use Element. Transportation Element (TE): The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” The proposed residential development will generate a projected total reduction of +/-18 PM peak hour, 2-way trips on the adjacent local roadway when compared to the existing-approved residential development. The proposed amendment is reducing the number of single-family and multi-family units to a maximum of 159 units while adding 45 new group housing units for a total of 204 units. The new development will have a trip limit cap of 168 PM peak hour 2-way trips which in included as a developer commitment. The adjacent roadway is Immokalee Drive and the closest AUIR tracked road segment is SR-29 which has adequate capacity to accommodate the proposed development. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, and as noted above the 17.A.1 Packet Pg. 2678 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 6 of 13 Revised: July 29, 2018 Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 0.31 (25%) acres of preservation has been provided by monetary donation to Conservation Collier and South Florida Water Management District. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. Housing Element Review: Community and Human Services staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project’s proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.06.00 of the LDC and the Housing Element of the GM. This existing development will have a total of 96 rental units and 63 homeownership units all earmarked for very low and low- income households for a gross density of 5.03 units per acre. The 46 existing 1, 2, and 3-bedroom affordable, rental apartments presently rent in the $434 to $684 range per month. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Storm water best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project’s storm water management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the RPUD petition to address environmental concerns. The preservation requirement has been met with a combination of monetary donation to Conservation Collier for 0.13 acres of uplands and South Florida Water Management District for 0.18 acres of wetlands in accordance with PUD environmental commitment B. No listed animal species were observed on the property. Landscape Review: No landscape deviations are proposed. The proposed landscape buffers are consistent with the section 4.06.02 of the Land Development Code. Tract ‘B’ is planned for single- family attached and single-family detached dwelling units. If single-family attached buildings are proposed within Tract ‘B’ and the buildings have 3 or more dwelling units, a Type ‘B’ buffer will be required along the East side of Tract ‘B’. Staff recommends approval with the condition that a Type ‘B’ buffer will be required along the 17.A.1 Packet Pg. 2679 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 7 of 13 Revised: July 29, 2018 East side of Tract ‘B’ if single-family attached buildings with 3 or more dwelling units are proposed. School District: A Collier County School District review was requested and may be received at a later date. Utilities Review: The project lies within the Immokalee Water and Sewer District (IWSD) and as such, the Collier County Water-Sewer District did not review the project. Coordination with the IWSD will be required. Zoning Services Review: The Zoning Division staff evaluated the project related to intensity of uses and reviewed the development standards. The most significant change proposed to the Esperanza Place PUD is the reduction of 103 units from the total number of approved residential dwelling units. As stated, it reduces the number of residential units from 262 to 159. The reduction is split between Tract A and Tract B. The proposed change represents a reasonably significant reduction of intensity in the residential use. The total reduction of residential units on Tract A is proposed at 80 units, which is the majority of the proposed reduction. The proposed change includes the addition of group housing with a maximum number of 45 units. The group housing includes transitional and emergency shelter units. The applicant proposes to add child care facilities as an approved principal use. The addition of child care appears to be an appropriate use because it is connected to the requested emergency shelter use. While group housing is proposed at 45 units it is an overall reduction of residential units and for Tract A represents a reduction in the intensity of use. For Tract B, the total number of residential dwelling units proposed to be reduced is 23 units. The proposed change represents a reduction in the intensity of the use. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: (Zoning Division staff responses in non-bold) 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. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states that… 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 17.A.1 Packet Pg. 2680 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 8 of 13 Revised: July 29, 2018 maintained at public expense. Documents submitted with the application were reviewed by the County Attorney’s Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the IAMP. They have found the proposed amendment to be consistent with the IAMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes to the PUD Document affect the landscaping standards of the originally approved PUD as they relate to the LDC. The applicant has requested one deviation and that requested is reviewed in the deviations section of the report. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to plat plans or site development plans. The Public Utilities Division further states that Collier County has… The Transportation Division further states that the roadway infrastructure is… Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. There is adequate supporting infrastructure to accommodate this project, including Collier County Water-Sewer District potable water and wastewater mains. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area… The scope of any system improvements will be determined at the time of SDP or PPL permit review. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of 17.A.1 Packet Pg. 2681 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 9 of 13 Revised: July 29, 2018 such regulations. A single deviation is in the PUD amendment request. Please see the deviations section of the report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered the proposed change in relation to the following when applicable.” Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: (Zoning Division staff responses in non-bold): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the IAMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not likely change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned PUD and would remain that way. It would not be an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The application does not include boundary changes to the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request, however, that complies with the provisions of the LDC as the applicant seeks changes to the PUD. The changes include proposed uses and a requested deviation from the LDC for the Esperanza Place PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed changes are not likely to adversely living conditions in the neighborhood. 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 17.A.1 Packet Pg. 2682 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 10 of 13 Revised: July 29, 2018 peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Insert Transportation Element here… The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the PUD Amendment request will create drainage problems in the area. Stormwater best management practices, treatment, and storage for this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment for Esperanza Place is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the adjacent property is already developed as residential use. The proposed amendment to the Esperanza Place PUD reduces intensity and is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed PUD Amendment complies with the IAMP and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance 17.A.1 Packet Pg. 2683 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 11 of 13 Revised: July 29, 2018 with existing zoning. The subject property can be used in accordance with existing zoning, however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is the proposed uses are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the IAMP and the LDC. The Zoning Division staff does not review other sites related to a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require minimal site alteration as the site is already cleared and roads for the residential uses are in place now. The development standards would be applied during the SDP and plat 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 must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the IAMP as part of the amendment process, and they find it to be consistent. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The petitioner’s rationale and staff analysis/recommendation is outlined below. Note: There are two existing deviations that are in effect for Ordinance 08-28 they are listed here as well. Deviation 1 and 2 previously approved by Ordinance 2008-28 17.A.1 Packet Pg. 2684 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 12 of 13 Revised: July 29, 2018 1. A deviation from Section 5.05.08 of the LDC, which requires non-residential components of any PUD to meet architectural design standards to allow the non-residential component of Tract A to be exempt from these standards. 2. A deviation from Section 3.05.07 of the LDC, which requires on-site preservation of 25 percent of the native vegetation on the site to allow off-site preservation or payment toward the Conservation Collier Trust Fund, in accordance with Commitment III.B, described in Exhibit F of this RPUD. Deviation #3 Fences and Walls Seeks relief from LDC Section 5.03.02.C.1.a, Fences and Walls, which requires residential zoning districts and designated residential components of PUDs shall be subject to a maximum fence or wall height of 6 feet for lots greater than 1 acre, to allow a perimeter wall height to be a maximum of 8 feet for the group housing use on Tract A. Petitioner’s Justification: The proposed group housing use is for care units, and temporary emergency and transitional shelter for women. The proposed shelter will be a gated and secure facility due to the nature of their operation. The 8-foot high wall will be a key component for the overall security of the shelter operation. Consistent with the LDC, landscape material will be installed on the external side of the proposed wall as specified in Section 5.03.02.H.2 of the supplemental standard for fences/walls. The proposed group housing shelter use is a community facility use and could be considered non-residential for purposes of the PUD, which otherwise would provide for an 8’ high wall by right. Staff Analysis and Recommendation: The deviation is reasonable as it relates to the needs and requirements of a shelter use. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on February 8, 2018, 5:30 PM, at the Immokalee Branch Library at 417 N. First Street, Immokalee, FL. For further information, please see the NIM Summary in the back-up material. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on July 27, 2018. RECOMMENDATION: 17.A.1 Packet Pg. 2685 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) PUDA-PL20170001326; Esperanza Place Page 13 of 13 Revised: July 29, 2018 Zoning Division staff recommends the CCPC forward petition PUDA-PL20170001326 Esperanza Place PUD to the Board of County Commissioners with a recommendation of approval, subject to a Type ‘B’ buffer being required along the East side of Tract ‘B’ if single-family attached buildings with 3 or more dwelling units are proposed. The CCPC is not being asked for a recommendation related to the Affordable Housing Agreement. Attachments: A) Proposed PUD Ordinance (strikethrough-underline) B) Proposed Master Plan Esperanza Place C) FLUE Consistency Review 17.A.1 Packet Pg. 2686 Attachment: Staff Report - PUDA - PL20170001326 - Esperanza Place (6474 : PUDA-PL20170001326 Esperanza Place) 2800 North Horseshoe Drive · Naples, FL 34104, 239-252-2400 Page - 1 - of 2 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: James Sabo, AICP, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner, Zoning Division, Comprehensive Planning Section Date: June 8, 2018 Subject: Immokalee Area Master Plan (IAMP) Consistency Review APPLICATION NUMBER: PUDA-20170001326 Review 4 APPLICATION NAME: Esperanza Place Residential Planned Unit Development (RPUD) Amendment REQUEST: To amend Esperanza Place RPUD, approved via Ordinance #08-28, to: reduce the maximum number of residential dwelling units from 262 to 159. This amendment will also add new uses in Tract A: single family, detached dwelling units, add up to 45 group housing units for transitional and emergency shelter, and add child day care services, and in Tract C – single family, detached dwelling units. This amendment will also add a deviation from the Land Development Code (LDC) pertaining to Section 5.03.02.C.1.a, Fences and Walls. Submittal 3 revised calculations and language in Exhibit F, List of Developer Contributions for: preserves, native vegetation, and wetlands. Submittal 4 included requested revisions to the PUD documents and Master Plan. LOCATION: The ±31.63-acre PUD site is located on the north side of Immokalee Drive, ½ mile west of S.R. 29 and ¼ mile east of Carson Road, in Section 32, Township 46 South, Range 29 East. COMPREHENSIVE PLANNING COMMENTS: The ±31.63-acre subject property is designated Urban, Mixed-Use District, Low Residential Subdistrict as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan (IAMP). According to the IAMP, “the purpose of this designation is to provide a Subdistrict for low density residential development. Residential dwellings shall be limited to single -family structures and Duplexes. Multi-Family dwellings shall be permitted provided they are within a Planned Unit Development... A density less than or equal to four (4) dwelling units per gross acre is permitted.” A variety of non-residential uses are also allowed, including day care and group housing. The IAMP states, “To encourage the provision of affordable-workforce housing within certain Subdistricts in the Urban Designated Area, a maximum of up to eight (8) residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended, adopted June 22, 2004 and effective October 19, 2004). This bonus may be applied to an entire project or portions of a project provided that the project is located within … any residential subdistrict.” The Esperanza Place RPUD site is eligible for up to 12 dwelling units per acre (DU/A) with a base density of 4 DU/A + 8 DU/A for affordable-workforce housing yielding a total of 380 DUs (12 DU/A * 31.63A = 379.56 DUs = 380 DUs). The existing affordable-workforce housing agreement and PUD were approved for 262 DUs at a density of 8.28 DU/A. The proposed reduction in the maximum number of dwelling units from 262 to 159, at a density of 5.03 DU/A, is consistent with the Density Rating System of the IAMP. 17.A.2 Packet Pg. 2687 Attachment: FLUE Consistency Review - Attachment B (6474 : PUDA-PL20170001326 Esperanza Place) 2800 North Horseshoe Drive · Naples, FL 34104, 239-252-2400 Page 2 of 2 This RPUD has an existing approved Affordable-Workforce Housing Density Bonus Agreement for a maximum of 262 DUs with a density of 8.28 DU/A, which is more than double the density allowed in the Low Residential Subdistrict without such an agreement. The petition includes a revised “Agreement” that would limit the RPUD to a maximum of 159 DUs or 5.03 DU/A (159 DUs/31.63A = 5.03 DU/A). Select Future Land Use Element (FLUE) Policies are listed below, followed by [bracketed staff analysis]. FLUE Policy 5.6 “New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended).” [It is the responsibility of the Zoning Services Section staff, as part of their review of the petition in its entirety, to perf orm the compatibility analysis.] In reviewing for compliance with FLUE Objective 7 and related Policies (shown in italics), staff provides the following analysis in [bracketed bold text]. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject site has two existing access points onto Immokalee Drive, a collector road; Exhibit ‘C’, Master Plan, shows no new proposed access points.] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit ‘C’, Master Plan indicates that there will be a future loop road in Tract ‘B’. The Master Plan also shows existing internal connections between the multi-family residential portion of the site and the single-family portion of the site.] FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Currently there is an existing interconnection with the neighboring properties to the west via an extension of El Paso Trail. No other interconnections are proposed or shown on Exhibit ‘C’. Staff previously concurred with the applicant that no other interconnections were feasible.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The subject proposal provides a blend of single and multi-family dwelling units in conjunction with being a development with a proposed affordable housing component, and 45 group housing units are proposed as a permitted use. The project allows a clubhouse, includes a recreational tract, and includes the required open space. Civic activities are often located in clubhouses. The subject site already contains sidewalks where housing has been developed. Since no deviation is being requested, sidewalks must be provided as required in the LDC]. CONCLUSION: Based upon the above analysis, staff concludes the proposed Planned Unit Development Amendment may be deemed consistent with the Immokalee Area Master Plan and Future Land Use Element. PETITION ON CITYVIEW cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond Bellows, Planning Manager, Zoning Services Section PUDA-PL2017-1326 Esperanza Place RPUD R4 G:\CDES Planning Services\Consistency Reviews\2018\PUDA saf/6-8--18 17.A.2 Packet Pg. 2688 Attachment: FLUE Consistency Review - Attachment B (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2689 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2690 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2691 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2692 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2693 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2694 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2695 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2696 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2697 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2698 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2699 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2700 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.3 Packet Pg. 2701 Attachment: Revised Proposed Ordinance - 082218 - Attachment A (6474 : PUDA-PL20170001326 Esperanza Place) 17.A.5 Packet Pg. 2702 Attachment: Legal Ad - Agenda ID #6474 (6474 : PUDA-PL20170001326 Esperanza Place) Prepared July 30, 2018 Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com January 5, 2018 Page 1 of 1 Exh A-Legal Description-v1.docx A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,AND ALL OF ESPERANZA PLACE AS RECORDED IN PLAT BOOK 52 PAGES 3 AND 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST THENCE RUN NORTH 89°15'36" EAST ALONG THE SOUTH LINE OF SAID SECTION 32, ALSO BEING THE CENTERLINE OF IMMOKALEE ROAD (60' RIGHT -OF-WAY), FOR A DISTANCE OF 1323.92 FEET; THENCE RUN NORTH 00°44'24" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE; THENCE RUN NORTH 00°51'21" WEST ALONG THE WEST LINE OF THE SOUT HEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, FOR A DISTANCE OF 1,299.83 FEET; THENCE RUN NORTH 89°16'27" EAST, FOR A DISTANCE OF 1,060.74 FEET; THENCE RUN SOUTH 00°47'35" EAST, FOR A DISTANCE OF 1299.57 FEET TO A POINT ON THE SAID NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE DRIVE; THENCE RUN SOUTH 89°15'35" WEST ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1059.31 FEET TO THE POINT OF BEGINNING, CONTAINING 31.63 ACRES, MORE OR LESS. Parcel ID: 31345980207 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2380 ESPERANZA WAY Build# / Unit#: / 5 Parcel ID: 31345980223 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2376 ESPERANZA WAY Build# / Unit#: / 6 Parcel ID: 31345980249 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2372 ESPERANZA WAY Build# / Unit#: / 7 Parcel ID: 31345980265 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2368 ESPERANZA WAY Build# / Unit#: / 8 Parcel ID: 31345980281 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2364 ESPERANZA WAY Build# / Unit#: / 9 Parcel ID: 31345980304 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2360 ESPERANZA WAY Build# / Unit#: / 10 Parcel ID: 31345980320 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2356 ESPERANZA WAY Build# / Unit#: / 11 Parcel ID: 31345980346 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2352 ESPERANZA WAY Build# / Unit#: / 12 Parcel ID: 31345980362 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2348 ESPERANZA WAY Build# / Unit#: / 13 Parcel ID: 31345980388 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2349 ESPERANZA WAY Build# / Unit#: / 14 Parcel ID: 31345980401 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2353 ESPERANZA WAY Build# / Unit#: / 15 Parcel ID: 00076200106 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2684 AMIGO WAY Build# / Unit#: 24 / 5 Parcel ID: 00082967006 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2677 MARIANNA WAY Build# / Unit#: 289 / 0 Parcel ID: 31345980029 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: Build# / Unit#: A / 1 Parcel ID: 31345980045 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2350 AMIGO WAY Build# / Unit#: FD-1 / 1 Parcel ID: 31345980100 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: Build# / Unit#: L-2 / 1 Parcel ID: 31345980126 Name: BROOKWOOD RESIDENTIAL LLC Street# & Name: 2396 ESPERANZA WAY Build# / Unit#: / 1 EXHIBIT A please allow 3 days for processing. bold type FOLIO NUMBERS MUST BE PROVIDED. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) LEGAL DESCRIPTION (copy of lengthy description may be attached) FOLIO (Property ID)NUMBER(s)(attach to,or associate with, legal description if more than one) (as applicable, if already assigned) (if applicable) (for existing projects/sites only) LOCATION MAP (if applicable) (if applicable) PUD Amendment See attached See attached Esperanza Place S32 T46 R29 A FOR STAFF USE ONLY F Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Esperanza Place Sharon Umpenhour sumpenhour@gradyminor.com See Attached 4/11/2017 Esperanza Place RPUD Parcel ID List April 5, 2017 Page 1 of 2 Parcel ID:31345980207 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2380 ESPERANZA WAY Build# / Unit#:/ 5 Parcel ID:31345980223 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2376 ESPERANZA WAY Build# / Unit#:/ 6 Parcel ID:31345980249 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2372 ESPERANZA WAY Build# / Unit#:/ 7 Parcel ID:31345980265 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2368 ESPERANZA WAY Build# / Unit#:/ 8 Parcel ID:31345980281 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2364 ESPERANZA WAY Build# / Unit#:/ 9 Parcel ID:31345980304 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2360 ESPERANZA WAY Build# / Unit#:/ 10 Parcel ID:31345980320 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2356 ESPERANZA WAY Build# / Unit#:/ 11 Parcel ID:31345980346 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2352 ESPERANZA WAY Build# / Unit#:/ 12 Parcel ID:31345980362 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2348 ESPERANZA WAY Build# / Unit#:/ 13 Parcel ID:31345980388 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2349 ESPERANZA WAY Build# / Unit#:/ 14 Parcel ID:31345980401 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2353 ESPERANZA WAY Build# / Unit#:/ 15 Parcel ID:00076200106 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2684 AMIGO WAY Build# / Unit#:24 / 5 Parcel ID:00082967006 Name:BROOKWOOD RESIDENTIAL LLC Esperanza Place RPUD Parcel ID List April 5, 2017 Page 2 of 2 Street# & Name:2677 MARIANNA WAY Build# / Unit#:289 / 0 Parcel ID:31345980029 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name: Build# / Unit#:A / 1 Parcel ID:31345980045 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2350 AMIGO WAY Build# / Unit#:FD-1 / 1 Parcel ID:31345980100 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name: Build# / Unit#:L-2 / 1 Parcel ID:31345980126 Name:BROOKWOOD RESIDENTIAL LLC Street# & Name:2396 ESPERANZA WAY Build# / Unit#:/ 1 Parcel ID:00076040007 Name:FLORIDA NON-PROFIT SVCS INC Street# & Name:2693 MARIANNA WAY Build# / Unit#:024 / 0 Parcel ID:00076160000 Name:CARUTHERS, CAROL A Street# & Name:2210 IMMOKALEE DR Build# / Unit#:024 / 3 Parcel ID:00076200009 Name:FLORIDA NON-PROFIT SVCS INC Street# & Name:2685 AMIGO WAY Build# / Unit#:024 / 4 Parcel ID:31345980142 Name:ARVIZU JR, PEDRO RITO Street# & Name:2392 ESPERANZA WAY Build# / Unit#:/ 2 Parcel ID:31345980168 Name:BROWN, TOMASSA KNORSHEEKA Street# & Name:2388 ESPERANZA WAY Build# / Unit#:/ 3 Parcel ID:31345980184 Name:GUERRIER, PAULETTE Street# & Name:2384 ESPERANZA WAY Build# / Unit#:/ 4 9 9 Memorandum To: Environmental Advisory Council Members From: Susan Mason, Principal Environmental Specialist – Engineering and Environmental Services Department C: Joseph Schmitt, William Lorenz, Barbara Burgeson, Summer Araque, Melissa Zone –Community Development and Environmental Services Division Date: 4/21/2008 Subject: Planned Unit Development Rezone No. PUDZ-2007-AR-12581 –Summary of minimum required native vegetation preservation Claudia Piotrowicz, Melissa Zone and I met on site with representatives from the Empowerment Alliance and Florida Non-Profit Services and Marco Espinar on April 10, 2008. On this site visit, staff verified and explained to the applicants that a portion of the wetlands and uplands on site meet the definition of native vegetation. At a meeting in the office later that same day attended by numerous staff including Joe Schmitt and William Lorenz, additional representatives from both the applicants and the agents, it was further agreed that ± 0.73 acre of the wetland and 0.52 acre of the upland vegetation meet the definition of native vegetation. For this project to be found consistent with Growth Management Plan (GMP) Conservation and Coastal Management Element (CCME) Policy 6.1.1, a minimum of 25% (a minimum of 0.31 acre--0.18 acre of wetland and 0.13 acre of upland) of this area must be preserved. The applicants stated for the upland portion either a 0.13 acre preserve would be created on site or an off-site alternative preserve consistent with CCME policy 6.1.1 (10) would be provided. For the wetland preserve, Mr. Schmitt agreed to allow mitigation at an approved mitigation bank required by South Florida Water Management District as part of the Environmental Resource Permit can also be used to meet the County’s preservation requirement. These options are consistent with the GMP requirements for vegetation retention since the GMP does not expressly prohibit mitigation banks as an off-site option. The PUD document has been amended to acknowledge the preservation requirement and detailed that the required preservation will all be met using off-site alternatives to be accomplished prior to development approvals. RECOMMENDATION Staff recommends approving Esperanza Place PUDZ AR-12581 with the following conditions, all of which are included in the current version of the PUD document: Engineering and Environmental Services Department Community Development & Environmental Services Division Engineering and Environmental Services Department Community Development & Environmental Services Division Environmental: A. A Florida Black Bear management plan shall be provided to the County manager or designee during SDP or plat review process. B. The site currently contains +/- 1.26 acres of native vegetation (0.52+/- acres of upland and +/- 0.73 acres of wetland native vegetation onsite); A minimum of 25%, 0.32 acres, must be preserved. For the 0.13 acre portion of the upland vegetation, the applicant will donate an equivalent off-site preserve to be accepted by a public agency or contribute a monetary payment to Conservation Collier equivalent to the average per-acre value found in an appraisal of the entire site, multiplied by the number of acres to be preserved off-site, plus 15 percent of that amount as an endowment for management of off-site land. The appraisal shall be based on the fair market value of the land as if the desired zoning is in place. Twenty-five percent of the 0.73-acre wetland native vegetation will be preserved and appropriately managed off-site at an approved mitigation bank. All preservation must be accomplished prior to SDP/PPL approval. This off-site preservation may be utilized as part of the required off-site mitigation as part of the Environment Resource Permit. C. The subject property was used for agricultural purposes and incurred clearing for which no permit can be located; in order for clearing to be considered legal and re-creation of vegetation removed not be required an after-the-fact clearing fee will be paid for the clearing of approximately 23.6 acres prior to approval for the SDP or PPL for relevant acreage Call me at 252-2987 if you have any questions. Thank you very much. XXXXXXXXXXXXXXXXXXXX X X X X X X _____________________________________________________________ Environmental Services Department Community Development & Environmental Services Division Memorandum To:, Environmental Specialist, Collier County Engineering and Environmental Services Dept. From: Alex Sulecki,Conservation Collier Program Coordinator Cc: Michael Delate, for Esperanza Place Bill Lorenz,Director, Collier County Engineering and Environmental Services Dept. Roosevelt Leonard, Appraiser, Collier County Real Property management Department Date:November 10, 2008 Subject: Offsite Native vegetation preservation mitigation Esperanza Place PUD 08-28 ________________________________________________________________________ Please find attached the following: Original receipt #178414for payment of funds from the Empowerment Alliance as mitigation for offsite vegetation preservation through donation to the Collier Original Review Appraisal Report for Esperanza Place. An appraisal of the property, originally prepared by Carroll & Carroll Appraisers, was offered for review to the Collier County staff review appraiser to substantiate the mitigation payment amount. The appraisal was reviewed and found to be acceptable. Please call me at 213-2961 if you have questions. Esperanza Place RPUD Deviation Justifications Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Esperanza Place RPUD NIM PL20170001326 Page 2 of 8 Esperanza Place RPUD NIM PL20170001326 Page 3 of 8 Esperanza Place RPUD NIM PL20170001326 Page 4 of 8 Esperanza Place RPUD NIM PL20170001326 Page 5 of 8 Esperanza Place RPUD NIM PL20170001326 Page 6 of 8 Esperanza Place RPUD NIM PL20170001326 Page 7 of 8 Esperanza Place RPUD NIM PL20170001326 Page 8 of 8