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Agenda 09/15/2009 Item # 8B Agenda Item No. 88 September 15, 2009 Page 1 of 83 EXECUTIVE SUMMARY PUDA-2008-AR-14090, LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard n. Yovanovich, Esq., of Coleman, Y ovanovich and Koester, is requesting an amendment to the Oak Grove pun (Ordinance No. 98-71) to delete approximately 6.13 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida (This is a companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14092). OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to Ordinance No. 98-71, the Oak Grove Planned Unit Development (PUD), to remove 6.13 acres from the development so that the acreage might be added to the proposed Siena Lakes Commercial Planned Unit Development (CPUD) (companion item PUDZ-2008- AR -14091) to the west for an assisted living facility; and to ensure that the project is in harmony with the applicable County codes and regulations in order to maintain the community's interests. CONSIDERATIONS: -- On September 8, 1998, the Board of County Commissioners (BCC) approved Ordinance No. 98-71 for the Oak Grove PUD, which established a 550 unit residential development (ultimately named Bridgewater Bay) comprised of single-family, duplex and multifamily dwelling units at a density of four units per acre with 60 percent open space. The applicant is proposing to amend this ordinance to remove the westernmost 6.13 acres from the PUD and the associated unbuilt 25 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the west, which is proposed to be rezoned to the Siena Lakes CPUD to allow for an assisted living facility. The proposed changes to Ordinance No. 98-71 are shown in strike-through and underline format in proposed ordinance attached to this summary. No other changes to the approved ordinance or to the PUD Master Plan are being requested. FISCAL IMPACT: The rezoning action, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. ......~-, The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (CIE) needed to maintain adopted Levels of Service (LOS) Agenda Item No. 88 September 15, 2009 Page 2 of 83 for public facilities. Other fees collected before the issuance of a building permit include building permit review fees. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and they were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Ordinance No. 98-71 approved the PUD at a residential density of four dwelling units per acre, or 550 dwelling units, on 13 7.43 acres. The 6.13-acre reduction of the subject property from 137.43 to 131.3 acres would reduce the subject property's maximum permitted residential density to 525 dwelling units. Currently, the subject property contains 524 residential dwelling units. Therefore, pursuant to the Density Rating System of the Mixed Use District Urban Residential Subdistrict of the FLUE, only one additional dwelling unit would be allowed to be built if the subject PUD amendment (PUDA) were approved: Approved (existing) PUD Proposed PUDA 550 DU / 137.43 ACRES = 4 DUlAC 525 DU 1131.3 ACRES = 4 DUlAC FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code (LDC). Zoning and Land Development Review staff has conducted a complete compatibility analysis as part of their review of the petition in its entirety. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed this project and has noted that the removal of 25 dwelling units from the PUD would not pose a net increase in the site-generated traffic on the roadway network. Therefore, this petition may be deemed consistent with the applicable po licies of the Transportation Element. AFFORDABLE HOUSING IMP ACT: Affordable housing is not affected by this application, which only proposes to remove 6.13 acres from the PUD's boundaries. PUDA 2008-AR-14090, Oak Grove August 12, 2009 2 Agenda Item No. 88 September 15, 2009 Page 3 of 83 ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed this amendment request and has detennined that there are no environmental issues associated with it, as all environmental concerns were addressed at the time of the original rezone. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC as no Environmental Impact Statement was required for the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their August 6, 2009 meeting, and voted unanimously (8- 0) to forward this petition to the BCC with a recommendation of approval, subject to the following condition: 1. Within 90 days of BCC approval of the subject PUDA, the property owner shall complete a buildout/closeout determination for the 6.13-acres to be severed from the PUD. LEGAL CONSIDERATIONS: This is an amendment to the existing Oak Grove PUD, which proposes to amend the PUD to remove 6.13 acres from the development. This proposed amendment is quasi- judicial in nature. As such 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 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 Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and PUDA 2008-AR-14090, Oak Grove August 12, 2009 3 Agenda Item No. 88 September 15, 2009 Page 4 of 83 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 de.!:,'Tee 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 III 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 III the neighborhood? 15. Will the proposed change create or excessively increase traftic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including ....."".. PUDA 2008-AR-14090, Oak Grove August 12, 2009 4 Agenda Item No. 8B September 15, 2009 Page 5 of 83 activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question. . .) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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.1 06, article II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials relate to these criteria. Furthermore, this matter is quasi-judicial, requiring ex parte disclosure and a supennajority vote. -STW PUDA 2008-AR-14090, Oak Grove August 12, 2009 5 Agenda Item No. 88 September 15, 2009 Page 6 of 83 RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve PUDA-2008- AR-14090. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review PUDA 2008-AR-14090, Oak Grove August 12, 2009 6 Item Number: Item Summary: Meeting Date: - --0- ~ -- - - Agenda Item No. 88 September 15, 2009 Page 7 of 83 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 86 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDA-2008-AR-14090 LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich. Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to. the Oak Grove PUD (Ordinance No. 98-71) to delete approximately 613 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida (This is a companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14092). CTS 9/15/2009900:00 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 8/19/20094:20:33 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 8/24/200910:27 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 8/24/2009 2:02 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 8/27/20098:10 PM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 8/28/2009 4:47 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 9/2/20094:11 PM Approved By OMB Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 9/3/20098:17 AM Approved By Cl_.l/rI.\ .4.. __~_ .J_'T'__.4.\I'______.......\ 1'" A C1_~_...I._~_~_L__.O/<""'\f\1 C O/....."""',,I\,,\{'\O O/"'lf\ A T'\"tTrn..........T0r"O/I")f\T\TT () In l"'AAn Agenda Item No. 88 September 15, 2009 Page 8 of 83 Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/3/200910:58 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 9/3/20097:31 PM .L~1_./1""".\ A ____...l_...__.6.'\t:'___.__~\ 1 ""' A ~___....____L__.O/,"",f\1 c 0; """A"'"\f\nn.\f\O 0/'""'\1\ A ~,rrn""'TC1T"T"\,O/"f\T\TT 1\ !I\ ,""\ f\Af\ Agenda Item No. 8B A@m~~8009 Page 11 of 83 ey County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: JUNE 18,2009 SUBJECT: PETITION NO: PUDA-2008-AR-14090, OAK GROVE PLANNED UNIT DEVELOPMENT (PUD) (COMPANION ITEMS: PUDZ-2008-AR-14091 SIENA LAKES COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND PUDA-2008-AR-14092 ORANGE BLOSSOM GARDENS PUD) PROPERTY OWNER/AGENT: OWNER: St Katherine's Greek Orthodox Church 7100 Airport Road Naples, FL 34109 APPLICANTS: Life Care Services (LCS) Development, LLC 400 Locust Street, Suite 820 Des Moines, IA 50309 Old Barn, Inc. The Eunhee Bates Living Trust 1613 Chinaberry way Naples, FL 34105 AGENTS: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Richard D. Y ovanovich, Esq. Goodlette, Coleman, Johnson, Y ovanovich and Koester 4001 Tamiami Trail North Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting that the Collier COWlty Planning Commission (CCPC) consider an application to amend Ordinance No. 98-71, the Oak Grove Planned Unit Development (PUD), to remove 6.13 acres from the development so that the acreage might be added to the proposed Siena Lakes CFPUD (companion item PUDZ-2008-AR-14091) to the west for an assisted living facility. PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 COQ")C") eooeo .0_ ON 0 Z '0 ~~~ Q),-Q) ~Q)al -.oC'll C'IlED.. -gEl Q)o.. alQ) <([/) <I~ ~~ ! I~ ~ (fi~~nQ"1O <t IU oe :::l" o..~ O\fO~ N01SDN,^\1 lta~"W4.t!O'l\l.S'C:1 iN3~V'i"",U)(l.-.<;tt -------------- L~J".u ]0. .011 '" ~ ~ ~ " ~ O=:.;,: :::l Ii. 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U> Z W D.. o (J) ~ '" * (I) '" (I) l1> '- Q) '- \1) Q) CD l... 0 \.,. <.> i... b t3 gogogoo _~..-O) ot') "':NN"!~"":~ ....NN::?r..:::i~ II II II II II " II ~wiQ;:via::...J z:oiwo<(w<( <( u..n:::wII- ...J-,-,u.. 1-0 f-""'::J0...J0f- W(f) co <(Q.. :S::W ou.. :ll:: 0::.. <( z" ...J 0 I- (f) o z :> ::J :I: t) ct: ::> :r: o I- 1J") i= ll. <( III I- Vl ct: G: (f) o z :3 I- W ;: W o ::J ...J <.> ~ I- o Z (f) W o o <( w 0:: <( co 0> N II ~ II 15 I ~ i ~ '" 0.. l() 11 ~ ~ ::: I ~ I ~ ;II I!I wh .. .. .. .. z ...l:5 ~a.< ...ffi... 1:1.....- WC/}lD (,,)<:c %::i>< o W (,,)0 ;:) a. ~~ 5 i~ ~ ~~ ! ~g ; ..~ l SlE 1 ...~ H ~i ; :t; .. ~ ~ , " ~ II I~i ~ S ~ ~ ~ ~ ih 1 Hi I .,~~ 'OM..,..., - "" -~ ~ ,...." ." ~ ~\Mito m\~IOt\U.M111"""ClI/.lll!l\("'~ Agenda Item ~~o, 88 September 15, 2009 Page 12 of 83 GEOGRAPHIC LOCATION: The subject PUD, consisting of 137.43 acres, is located in the northwestern quadrant of the Orange Blossom Drive and Livingston Road intersection, in Section 1, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSEIDESCRIPTION OF PROJECT: On September 8, 1998, the Board of County Commissioners (BCC) approved Ordinance No. 98- 71 for the Oak Grove PUD, which established a 550 unit residential development (ultimately named Bridgewater Bay) comprised of single-family, duplex and multifamily dwelling units at a density of four units per acre with 60 percent open space. The applicant is proposing to amend this ordinance to remove the westernmost 6.13 acres from the PUD (see aerial photograph below) and the associated unbuilt 25 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the west, which is proposed to be rezoned to the Siena Lakes CFPUD to allow for an assisted living facility. The proposed changes to Ordinance No. 98-71 are shown in strike-through and underline format in proposed ordinance attached to this report. No other changes to the approved ordinance or to the PUD Master Plan are being requested. AERIAL VIEW OF THE ACREAGE TO BE REMOVED 2 PUDA-2008-AR-14090, Oak Grove pun July 15,2009 Agenda Item No. 88 September 15, 2009 Page 13 of 83 SURROUNDING LAND USE AND ZONING: North: Multi-family residences of the Lakeside community, zoned Citrus Gardens PUD East: Multi-family residences of the Bridgewater Bay community and a stormwater management pond, zoned Oak Grove PUD and First Baptist Church PUD, respectively South: Orange Blossom Drive, then single-family homes and duplexes of the Walden Oaks community, zoned Lone Oak PUD West: Vacant land, zoned Agricultural GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Ordinance No. 98-71 approved the PUD at a residential density of four dwelling units per acre, or 550 dwelling units, on 137.43 acres. The 6.13-acre reduction of the subject property from 137.43 to 131.3 acres would reduce the subject property's maximum permitted residential density to 525 dwelling units. Currently, the subject property contains 524 residential dwelling units. Therefore, pursuant to the Density Rating System of the Mixed Use District Urban Residential Subdistrict of the FLUE, only one additional dwelling unit would be allowed to be built if the subject PUD amendment (PUDA) were approved: Approved (existing) PUD 550 DU 1137.43 ACRES == 4 DUlAC Proposed PUOA 525 DU I 131.3 ACRES == 4 DUlAC FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform the compatibility analysis. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed this project and has noted that the removal of 25 dwelling units from the PUD would not pose a net increase in the site- generated traffic on the roadway network. Therefore, this petition may be deemed consistent with the applicable policies of the Transportation Element. ANALYSIS: Staffhas completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.8.5, 3 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 Agenda Item No, 8B September 15, 2009 Page 14 of 83 Planning Commission Recommendation (commonly referred to as the "pun Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (commonly referred to as "Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following: Environmental Review: Environmental Services staff has determined that there are no environmental issues associated with this application since all environmental concerns were addressed at the time of the original rezone. Transportation Review: Since the proposed petition would not result in additional site-generated trips, the Transportation Planning Staff recommends approval of the PUDA. However, as a condition of approval, is requesting a buildoutlcloseout determination to be completed within 90 days of BCC approval for the portion of the PUD that is being annexed, which would allow Transportation Planning staff to have documentation that no outstanding PUD commitments remain and no more annual monitoring or tracking is necessary (see Exhibit C to the Ordinance, "Conditions of Approval"). Utilities Review: This PUDA does not impact the utilities provision as no additional utilities are required or proposed. As stated in the application, the Siena Lakes CFPUD companion item to this petition incorporates utility provisions and a sketch for the land area being removed from this PUD. Therefore, no new public utility issues are associated with this PUDA. Emergency Management Review: Since the proposed amendment reduces the number of approved dwelling units in the PUD, there would be no adverse impacts on the evacuation and sheltering requirements for the County. Zoning Review: The applicant proposes to remove 6.13-acre from the subject PUD so that the land may be rezoned to the CFPUD zoning district for an independent and assisted living retirement community. In order to do that, the applicant must demonstrate that the proposed deletion of land from the PUD will not result in the remaining land area's inability to meet its zoning requirements, including developer commitments or, if any, conditions of approval. As shown in the Conceptual PUD Master Plan approved with Ordinance No. 98-71, the subject property makes up the extreme southwestern corner of Tract III and appears to have no functional relationship with the remainder of the development. The Transportation improvements for the Oak Grove PUD have been constructed, and all other developer commitments have been satisfied. The applicant has also provided documentation demonstrating that the 6.13 reduction in acreage would not result in the remaining PUD area's exceeding the allowable four dwelling unit per acre density limit. Finally, permissible building setbacks in this area of the project would not be exceeded, and the lO-foot Type A landscape buffer required would be surpassed by an existing IS-foot Type B buffer that would remain to separate the multi-family uses of Bridgewater Bay from the proposed Siena Lakes retirement community. 4 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 Agenda Item No. 8B September 15, 2009 Page 15 of 83 LDC Subsection 10.02.13 .8.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria" : 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The 6.13 acres to be removed from the Oak Grove PUD presently allow for multi-family or single-family uses and, if the subject PUDA were approved, would be incorporated into a new CPUD to the west of the subject property that is proposed for the Siena Lakes retirement community. As noted in the "Surrounding Land Uses and Zoning" portion of this report, to the east of the subject property are the multi-family uses of the Oak Grove PUD and the First Baptist Church, also zoned PUD; to the north are the multi-family uses of the Lakeside community; to the south are the single- and multi-family homes of the Lone Oak PUD; and to the west is Agricultural-zoned property, which is proposed to be rezoned to the Siena Lakes CFPUD. Access to the Oak Grove pun would not be affected by the subject proposal since it is already available to Bridgewater Bay residents from Orange Blossom Drive and Livingston Road. Similarly, sewer and water services are already readily available to the site. Therefore, the proposed amendment would be appropriate in light of existing conditions in the area. The physical characteristics of the land, the utilities in the surrounding areas and the traffic patterns (the latter with the mitigation provided in the developer commitments of the Siena Lakes CFPUD document), are all suitable to support the proposed uses on the subject property. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under unified control as evidenced by the Statement of Unified Control submitted with the application. There are no provisions for onsite public facilities as part of the proposed request, so there are no such related agreements, contract, or other instruments. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (Fhis is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) As previously noted, the subject property is located in the Urban-designated area, Mixed- Use District, Urban Residential Subdistrict on the Future Land Use Map, which permits group housing. The proposed rezoning can also be found consistent with Policy 5.4 of the FLUE, which requires that future development be compatible with the surrounding land uses, since the subject property is surrounded by complementary multi-family residential land uses. 5 PUDA-2008-AR-14090, Oak Grove PUD July 15, 2009 Agenda Item No. 88 September 15, 2009 Page 16 of 83 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject property, once removed from the Oak Grove PUD and incorporated into the Siena Lakes CFPUD to the west, would be compatible both internally and externally with the proposed development. The IS-foot Type B buffer presently separating the two developments would remain along the Oak Grove pun boundary, and development standards for the proposed Siena Lakes CFPUD would include enhanced vegetative screening that exceeds the minimum requirements of the LDC, which would provide compatibility between the adjoining multi-family land uses and the proposed retirement community. 5. The adequacy of usable open space areas In existence and as proposed to serve the development. The land area to be removed from the Oak Gro\'e PUD would not cause the PUD to fall below its 30 percent open space requirement. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The subject PUD is built-out and adequate public and private improvements have already been constructed. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The removal of the subject property from the Oak Grove PUD to incorporate it into the Siena Lakes CFPUD is for the purpose of accommodating expansion in a manner consistent with the FLUE. Furthermore, there are adequate public facilities for the subject property and the surrounding areas. 8. Conformity 'with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public pwposes to a degree at least equivalent to literal application of such regulations. The request would not cause the Oak Grove PUD to become inconsistent with the regulations of its approving ordinance. LDC Subsection 10.03.05.1.2 states, "rVhen 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. " (Stafrs responses to these criteria are provided in bold font): J. Whether the proposed change will be consistent with the goals, objectives, an.d policies and future land use map an.d the elements of the growth management plan. 6 PUDA-2008-AR-l4090, Oak Grove PUD July 15,2009 Agenda Item No. 8B September 15, 2009 Page 17 of 83 The proposed change would be consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. If approved, the severed acreage would be incorporated into the proposed Siena Lakes CFPUn for a continuing care retirement community, which is an allowed use throughout the urban area. 2. The existing land use pattern. The existing land use pattern, as described on page 3 of this staff report, is conducive the proposed request, as multi~family uses abut the property to the south, east and north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed amendment to this pun to remove 6.13 acres will not create an isolated zoning district unrelated to adjacent or nearby properties. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change. The proposed zoning district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The majority of the parcels that comprise the proposed Siena Lakes project are zoned Rural Agricultural at the present time )'et are surrounded by urban uses. This situation reflects the changed conditions in tbe area and clearly demonstrates that agricultural uses are no longer appropriate at this location. Therefore, removing the subject property from tbe Oak Grove PUD and incorporating it into the proposed CFPUD would be a suitable way to rectify tbis circumstance and result in a unified plan for one development rather than tvvo or more unrelated developments. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUDA will not adversely influence living conditions in the neighborhood, based on the proposed Siena Lakes retirement community that the subject property will become a part of and tbe development standards accompanying it (contained in the documents of the companion Siena Lakes rezoning application). 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. As previously noted, the removal of 25 dwelling units from the Oak Grove pun would result in a net decrease in the site-generated traffic on the roadway netvvork. The companion item to this rezoning request, the Siena Lakes CFPUD, into which the subject property will be incorporated, would be required to make improvements to the 7 PUDA-2008-AR-] 4090, Oak Grove PUD July 15, 2009 Agenda Item No. 88 September 15, 2009 Page 18 of 83 intersection of Orange Blossom Drive and Airport Road in concert with other property owners, and Certificates of Occupancy would not be approved until these improvements are made. Therefore, the proposed change would not create or excessively increase traffic congestion incompatible with surrounding land uses. 8. FVhether the proposed change will create a drainage problem. The Oak Grove PUD's drainage issues were addressed at the time of the original rezone. The proposed Siena Lakes CFPUD would be required to comply with SFWMD permitting requirements and constructed in accordance with all applicable regulations, so would not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Light and air to adjacent areas would not be reduced by the proposed PUDA. J O. Whether the proposed change will adversely affect property values in the adjacent area. As described in this staff report, the removal of 6.13 acres from this PUD should not have any effect on nearby property values. 11. Whether the proposed change will be a deterrent to the improvement or development of aqjacentproperty in accordance with existing regulations. Staff is of the opinion that the proposed change should not be a deterrent to the development to the improvement or development of adjacent property. In addition, the removal of the subject 6.15 acre site will be incorporated into the proposed Siena Lakes assisted living facility. (See companion item: PUDZ-08-AR-14091) J 2. Whether the proposed change will constitute a grant of special privilege to an in.dividual owner as contrasted with the public we((are. The proposed request would not result in a grant of special privilege. The public interest would be maintained as the proposed development is consistent with the FLUE. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There is no reason that the property could not be used in accordance with its existing zoning. However, if approved, the severed acreage would be incorporated into the Siena Lakes CFPUD whose boundaries are presently predominantly comprised of properties that could not be used in accordance with their existing Rural Agricultural zoning. 14. Whether the change suggested is out of scale with the needs of the n.eighborhood or the county. The proposal would not be out of scale with the needs of the neighborhood. 8 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 Agenda Item No. 8B September 15, 2009 Page 19 of 83 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It would not be impossible to find other sites in the county in districts already permitting the proposed use on the subject property. 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. The subject property has been previously altered and is suitable for development. 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 Coun.ty Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended The proposed development on the subject property would be accompanied by adequate public facilities, including transportation improvements to tbe intersection of Orange Blossom Drive and Airport Road so that it would operate at an acceptable level of service. 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. All issues have been addressed. However, as stated in their application, the applicants would incorporate standards deemed appropriate by the BCC to protect the public health, safety and welfare. NEIGHBORHOOD INFORMATION MEETING (NIM): (Synopsis provided by Cheri Rollins, Administrative Secretary) The meeting was duly noticed by the applicant and held on May 12, 2009 at 6:00 p.m. at the Italian-American Club. Eighty three people from the public attended, as well as the applicant, Mr. Steve Nomes of Life Care Services, and his agents, Mr. Richard Y ovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester and Mr. Robert Duane, AICP, of Hole-Montes, Inc. County staff was also present. Mr. Y ovanovich presented an overview of the requested rezone from the Orange Blossom Gardens PUD, Oak Grove PUD and Rural Agricultural zoning districts to the CPUD zoning district for a continuing care retirement community. He also explained the requested companion amendments to delete approximately 6.13 acres from the Oak Grove PUD and approximately 5.85 acres from the Orange Blossom Gardens PUD. There was no opposition to the requested Oak Grove PUD Amendment. The meeting concluded at approximately 7:30 PM. 9 PUDA-2008-AR-14090, Oak Grove PUD July 15, 2009 Agenda item No. 8B September 15, 2009 Page 20 of 83 As of the writing of this report, staff has received no letters of objection from the community regarding this petition. COUNTY ATTORNEY OFFICE REVIEW: The Connty Attorney Office has reviewed the staff report for PUDA-08-AR-14090 revised on July 15,2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDA- 2008-AR-13494 to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following condition: 1. Within 90 days of BCC approval of the subject PUDA, the property owner shall complete a buildout/c1oseout detennination for the 6.13-acres to be severed from the PUD. 10 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 Agenda Item No. 8B September 15, 2009 Page 21 of 83 PREPARED BY: ~/?~/aJ f>A TE f . JO AVI MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 7!?r~ SUSA . ISTE ES, AICP, DI CTOR I DA E. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1/Jdfi / D E APPROVED BY: ~ o EPHK. SCHMITT, AD INISTRATOR MMUNITY DEVELOPMENT & ~NVIRONMENTAL SERVICES DIVISION r?/bf flA tE Tentatively scheduled for the September 15, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: ~Jlt1c~ MARK P. TRAIN, CHAIRMAN g-6-0( DATE Oak Grove PUDA-2008-AR-] 4090 ) 1 .Agenda Item No. 88 September 15. 2009 Page 22 of 83 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252- APPLICATION FOR PUBLIC HEARING FOR: [g] AMENDMENT TO PUD (PUDA) D PUD REZONE (PUDZ) REZONE (PUDZ-A) D PUD TO PUD PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff APPLICANT INFORMATION NAME OF APPLlCANT(S) LCS DEVELOPMENT, LLC ADDRESS 400 LOCUST STREET, SUITE 820 CIlY DES MOINES STATE IA ZIP 50309 TELEPHONE # (51 5) 875-451 8 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM NAME OF AGENT ROBERT L. DUANE, AlCP-HOLE MONTES, INC. (& RICHARD D. YOVANOVlCH, ESQUIRE) Application For Public Hearing For PUD Rezone O\iIS/07. rev 2/12iOS. rev 7!lI!OS Agenda Item No. 8B ADDRESS 950 ENCORE WAY & 4001 TAMIAMI TRAIL NORTH, SUITE 300 CITY ~6Ser 15,2009 Page 23 of 83 STATE FL ZIP TELEPHONE # 239-254-2000 CELL # FAX # 239-254-2099 E-MAIL ADDRESS:BOBDUANE@HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 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.collierQov.netllndex.aspx?paQe=774 NAME OF HOMEOWNER ASSOCIATION: SEE ATTACHED MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: Application For Public Hearing For PUD Rezone 01/] 8/07, rev 2/12/08, rev 7/11/08 MAILING ADDRESS CITY STATE ,A,genda Item No. 88 ZIR3eptember 15. 2009 Page 24 of 83 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Disclosure of Interest 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 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 Old Barn, Inc., (Mark Bates-President) 100% Eunhee Bates Living Trust 1 61 3 Chinaberry Way Application For Public Hearing For PUD Rezone OJi18!07, rev 2!l2!08, rev 7/11/08 ^ ., . Naples, Florida 34105 '::I' ,~'"" ~. September 15. 20( Page 25 of ( Euhnee Bates 100% B 9 3 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 Percentage of Ownership NjA 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 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 partne rs. Application For Public Hearing For pun Rezone 01/18/07, rev 2/12/08, rev 7/11/08 Name and Address Agenda Item No. 88 September 15, 2009 Percentage of O~rfeirsffi~f 83 LCS-Westminster Naples, LLC 100% 400 Locust Street, Ste. 820 Des Moines, IA 50309 Date of Contract: 7/l 0/08 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 g. Date subject property acquired D yrs./mos. leased D Term of lease If, Petitioner has option to buy, indicate the following: Date of option: 7/10/08 Date option terminates: , or Anticipated closing date 6 mos. after date of final zoning approval of site Application For Public Hearing For PUD Rezone 01118/07, rev 2!12/O8, rev 7/1 1:08 Agenda Item No. 88 September 15, 2009 Page 27 of 83 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. PROPERTY LOCATION Detailed lel!al description of the property covered bv the application: (If space is inadequate, 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 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 01 /49S / 25E Lot: Block: Subdivision: Plat Book 2500 Page #: 0576 Property I.D. #: 00235960009 Metes & Bounds Description: see attached deed Size of property: +/- 500 ft. X +/- 518 ft. = Total Sq. Ft. 267,023 Acres +/- 6.13 AddresS/2enerallocation of subiect property: North side of Orange Blossom Drive, east of Airport Road. PUD District (LDC 2.03.06): ~ Residential 0 Community Facilities o Commercial 0 Industrial ADJACENT ZONING AND LAND USE Zoning Land use N PUD Residential-lakeside of Naples at Citrus Gardens Application For Public Hearing For pun Rezone 0]118/07, rev 2112/08, rev 7/] 1/08 SPUD f'\genda Item No. 88 Residential single family-Lone Oak PUDSeptember 15. 2009 Page 28 of 83 E PUD Residential mulitfamily-Oak Grove WA Vacant - Agriculture Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range 01 / 49S / 2SE Lot: Block: Subdivision: Plat Book 2696, 2793, 2500 Page #: 2526, 2527, 2522,0576 Property J.D. #: 00235680004,00235520009,00235560001,00236000007 Metes & Bounds Description: see attached REZONE REQUEST This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Developed single family, duplex and multifamily Proposed Use (or range of uses) of the property: Original PUD Name: Oak Grove Ordinance No.: 98-71 EVALUATION CRITERIA Pursuant to Section 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 10.02.13.B) Application For Public Hearing For PUD Rezone 0 I /l8i07, rev 2/ 12!08. rev 7/11 i08 Agenda Item No. 88 1 . The suitability of the area for the type and pattern of developme~ep~e1d, itl109 relation to physical characteristics of the land, surrounding areas, traffic ani~~c~9s~; 83 drainage, sewer, water, and other utilities. SEE ATTACHED RESPONSE 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. SEE ATTACHED RESPONSE 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, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) SEE ATTACHED RESPONSE 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. SEE ATTACHED RESPONSE 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHED RESPONSE 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHED RESPONSE 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHED RESPONSE 8. Conformity with PUD regulations, or as to desirable modifications of 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. Application For Public Hearing For pun Rezone 01/IS/07, rev 2/12/08, rev 7/1 I/OS SEE ATTACHED RESPONSE J\genda Item No. 88 September 15, 2009 Page 30 of 83 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 petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes C8J No If so, what was the natu re of that heari ng? Official Interpretations or Zonino Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes cg] 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 processinq or otherwise actively pursue the rezoninq for a period of six (6) 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". Application For Public Hcm;ng For PUD Rezone 01;]8/07, rev 2/12/08. rev 7/1 1/08 Agenda Item No. Further review of the project will be subject to the then current code. ~tfOOl~clioo Page 31 of 10.03.05.Q.) Application For Public Hearing For pun Rezone 01/18107, rev 2112/08, rev 7/11/08 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. 88 September 15, 2009 Page 32 of 83 APPLICANT INFORMATION NAME OF APPLlCANT(S) LCS DEVELOPMENT, llC ADDRESS 400 lOCUST STREET, SUITE 820 CITY DES MOINES STATE IA ZIP 50309 TELEPHONE # (515) 875-4518 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2879 Orange Blossom Drive LEGAL DESCRI PTION Section/Township/Range 01 / 49S / 29E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00235960009 Metes & Bounds 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 (GPO capacity) d. SEPTIC SYSTEM ~ o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM ~ o o Application For Public Healing For PUD Rezone 0 1!l8/()7. rev 2/12/0R. rev 7/11!()8 PROVIDE NAME d . PRIVATE SYSTEM (WELL) o Agenda Item No. 88 September 15, 2009 Page 33 of 83 STATEMENT OF lmUTY PROVISIONS - page 2 TOTAL POPULATION TO BE SERVED: *The LCS Naples CCRC CPUD that Is a companion Item to this petition Incorporates utility provisions and sketch for the land area being removed from this PUD. * PEAK. AND AVERAGE DAILY DEMANDS: A. WATER-PEAK N/AI AVERAGE DAILY N/A B. SEWER-PEAK N/A AVERAGE DAILY N/A IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 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 project 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 Application For Public Hearing For pun Rezone 01118/07, rev 2/12/08, rev 7111/08 Agenda Item No. 88 the project area upon completion of the construction of thes~e~~fe~, iflJ09 Page 34 of 83 accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection 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 PUD Rezone OI'J 8/07. rev 2!\2:08, rev 7!J 1/08 ^';:} . .~;". B September 15, 20( 9 Page 35 of ~ 3 AFFIDAVIT We/I, Old Barn. Inc. (Mark Bates) being first duly sworn, depose and say that we/I am/are the owners 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. We/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 property owner We/I further authorize Robert L. Duane, AICP, Richard D. Yovanovich. Esq. & LCS Development. LLC to act as our/my representative in any matters regarding this Petition. -------------------------------- Signature of Property Owner Signature of Property Owner Old Barn, Inc. (Mark Bates) Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _______ day of ------------, 200____, by _________________________who is personally known to me or has produced -_______________________as identification. Application For Public Hearing For pun Rezone 01/]8/07, rev 2/]2/08, rev 7/1 1108 l\genda Item No. 88 September 15, 2009 Page 36 of 83 ---------------------------------- State of Florida County of Collier (Signature of Notary Public - State of Florida) ---------------------------------- (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rczone 01118/07, rev 2/]2/08, rev 7/\ ]/08 Agenda Item No. 88 COVENANT OF UNIFIED CONTROL September 15, 2009 Page 37 of 83 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as 2879 Orange Blossom Drive, Naples, FL 34109 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subj ect of an application for a planned unit development ( PUD) zoning. We hereby designate Robert L. Duane, AICP, Richard D. Y ovanovich, Esq. & LCS Development, LLC, legal representative thereof, as the legal representatives of the 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 the only entity to authorize development activity on the property until 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: 1. 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 with 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 part, 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 the 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 terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as 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 into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner Old Barn, Inc. (Mark Bates) Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of ,200_ by who is personally known to me or has produced as identification. Notary Public (Name typed, printed or stamped) (Serial Number, if any) Application For Public Hcal;ng For pun Rezone 01118107, rev 2112108, rev 7/11/08 TRAFFIC IMPACT STATEMENT (TIS) Agenda Item No. 88 September 15, 2009 - ~ - "]3 , a",c.. '-'oJ ,-" . A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 1 0 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or . ecal lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. Application For Public Hearing For pun Rezone 01118107. rev 2/12/08. rev 7/11/08 Agenda Item No. 88 7. For Rezones Only: State how this request is consistent with t~p\rrmftlt1tb~09 'page 39 of 83 policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Futu re Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip AssiQnment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Application For Public Hearing For pun Rezone 01/18/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 88 4. Level of Service (LOS): The LOS of a roadway shall be expressed in~mWEOf1tJie,,)09 Page 40 of 83 applicable Collier County Generalized Daily Service Volumes as set forth In the TeE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroug hfares exceeds one percent of the LOS "e". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Backoround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Application For Public Hearing For PUD Rezone 01!18/07. rev 2/12/08. rcv 7/11/08 8. Agenda Item No. 88 September 15. 2009 Page 41 of 83 Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 4 Throuah Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 5 Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. Application For Public Hearing For pun Rezone 01/18/07, rev 2/12/08, rev 7111/08 PUD REZONE APPLICATION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre-application meeting. GENERAL APPLICATION To be completed in full and to include the following information. PUD list of permitted uses Development Standards Table List of proposed deviations from the LDC (if any) List of Developer Commitments Refer to LDC Section 1 0.02.13.A.2 for required information PRE-APPLICATION MEETING NOTES WITH THE ADDRESSING CHECKLIST FORM Provide copies of notes taken at pre-application meeting DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ~ PUD Rezone = $10,000 + $25 per acre ~ PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Application For Public Hearing For PUD Rezone 0]/[8/07. rev 2112/08. rev 7/11108 Legal Advertising Fees ~ BCC = $363 ~ CCPC = $760 Fire Code Review = $150 EIS Review = $2,500 Agenda Item No. 88 September 15, 2009 Page 43 of 83 Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of- way, and areas dedicated to the public. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting) PU D MASTER PLAN Application For Public Hearing For pun Rezone 01/18/07, rev 2!l2/08, rev 711 1/08 Agenda Item No. 88 In compliance with Section 10.02..1 3.A.1 of the Land Development Co~ptember 15, 2009 Page 44 of 83 OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT ITIS) Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERM ITS Copies of State and/or Federal permits STATEMENT OF COMPLIANCE Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other prOVISion allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that sub-district, policy or other provision.) NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. Application For Public Hearing For pun Rczone OI1l8/U7, rev 2/12/08. rev 71l1/08 OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Agenda Item No. 88 September 15, 2009 Page 45 of 83 CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Requested after petition has been advertised = $ 500 Requested at the meeting = $ 750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Application For Public Hearing For pun Rezone OJ/I 8/07, rev 2112/08, rev 7111108 Agenda Item No. 88 September 15, 2009 Page 46 of 83 NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.0S.E Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05 .B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. Application For Public Hearing For pun Rezone 01/18:07. rev 2'12:08, rev 7/11/08 Agenda Item No. 88 As a result of mandated meetings with the public, any commitments made b)i>EI1herappllkfutW09 shall be reduced to writing and made a part of the record of the proceedings pr6~e~7 teg 83 the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. App]ication For Public Hearing For pun Rezone 01/18/07, rev 2/12/08, rev 711 1/08 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST ^ ....,'""~.....l.-. 1.4-.....""'" '" I...... Or""lo . ~ . ~ ,"... ~. September 15, 20C 9 Page 48 of ~ 3 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Cooies of detailed descriotion of why amendment is necessary 24 [ZJ 0 Completed Application with list of Permitted Uses; Development 24 ~ D Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from website for current form) Pre-aoolication meetinq notes 24 ~ D PUD Conceptual Master Site Plan 24" x 36" and One 8)12" x 11" COOy 24 ~ D Revised Conceptual Master Site Plan 24" x 36"and One 8 Y2" x 11" 24 ~ D coPy Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 ~ D AMENDING THE PUD Revised PUD application with chanqes crossed thru & underlined 24 [ZJ 0 Revised PUD application w/amended Title page w/ord #'s, LDC 24 ~ D 10.02.13.A.2 Justification/Rationale for the Deviations (must be on a separate sheet 24 ~ D within the application material; please DO NOT include it in the PUD documents) 2 CODles of the followlno: Deeds/Leqal's & Survey (if boundary of oriqinal PUD is amended) 2 [ZJ D List identifying Owner & all parties of corporation 2 [ZJ D Owner / Affidavit siqned & notarized 2 [ZJ D Covenant of Unified Control 2 [ZJ D Completed Addressinq checklist 2 [ZJ D 4 CODles of the followlna: Environmental Impact Statement (EIS) and digital/electronic copy of EIS 0 ~ or exemption iustification 4 Historical Surveyor waiver request 4 0 ~ Application For Public Hearing For pun Rezone O]i18!07. rev 2112/08, rev 7/11/08 d. nn Utility Provisions Statement w / sketches ~ptem ,,~ , ....... .~~ 4 er 1 009 Architectural rendering of proposed structures 4 0 t-' ge E T b.5 Survey, signed & sealed 4 C8J 0 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 0 C8J Recent Aerial Photograph (with habitat areas defined) min scaled 5 C8J 0 1 "=400' Electronic copy of all documents in Word format and plans (CORam or 1 C8J 0 Diskette) Copy of Official Interpretation and/or Zoninq Verification 1 0 C8J If located in RFMU (Rural Frinqe Mixed Use) Receivinq Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. Applicant/Agent Signature Date Application For Public Hearing For pun Rezone 01/] 8/07, rev 2/12/08, rev 7/11/08 ,A.genda item No. 88 September 15, 2009 Page 50 of 83 EXHIBIT A 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. 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 LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES (Optional) 1. DEVELOPMENT STANDARDS Table below sets forth the development standards for land uses within the (type ofPUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Application For Public Hearing For PUD Rezone () 1 ,II X:07. rev 2.12:08, rev 7/11 lOX EXHIBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS Application For Public Hearing For PUD Rezone 0]/18/07, rev 2112/08, rev 7/] 1/08 Agenda Item No. 88 September 15, 2009 Page 51 of 83 Agenda Item No. 88 September 15, 2009 p",,,,,, r::.,') "f Q? ~ DEVELOPMENT SINGLE SINGLE lWO-FAMIL Y, MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY PATIO & FAMILY RECREATION ATTACHED & ZERO LOT LINE BUILDING~ TOWNHOUSE I PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F. PER S.F. PER S.F. PER S.F. PER S.F. PER UNIT UNIT UNIT UNIT UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F NjA S.F.jD.U. MIN FRONT YARD FEET FEET FEET FEET NjA MIN SIDE YARD FEET FEET or FEET or FEET NjA MIN REAR YARD FEET FEET FEET FEET NjA MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BETWEEN FEET FEET FEET FEET or NjA STRUCTURES I BH, I whichever is qreater MAX. BUILDING HEIGHT FEET FEET FEET FEET FEET NOT TO EXCEED ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT SPS SPS SPS FEET NOT TO EXCEED FEET Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08. rev 7/1 1/08 S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed Agenda Item No. 88 September 15. 2009 Page 53 of 83 GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may be either feet ( ) on one side and feet ( ) on the other side in order to provide a minimum separation between principal structures of feet ( ). Alternatively, if the foot ( ) setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined setback between principal structures shall be at least feet ( ), At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq.Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW Ft. SPS From Future Extension of Collier Blvd. Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS (Internal) Internal Drives/ROW Ft. Ft. Rear Ft. Ft. Side Ft. Ft. MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building heights * MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. Application For Public Hearing For PUD Rezone 01/l8/07, rev 2/12/08, rev 7/1 1/08 p..,,,,,, t:;11 "f q MINIMUM FLOOR AREA Sq. Ft. ** N/A ~ MAX. GROSS LEASABLE AREA Sq. Ft. N/A Agenda Item No. 88 September 15. 2009 3 * whichever is greater ** per principal structure, on the finished first floor. EXHIBIT C MASTER PLAN Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08. rev 7111/08 EXHIBIT D LEGAL DESCRIPTION (If legal descri ption is too long I add as an attach ment) Agenda Item No. 88 September 15, 2009 Page 55 of 83 Application For Public Hearing For PUD Rezone 01/18107, rev 2/12/08, rev 7/1 1/08 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDc Application For Public Heal;ng For PUD Rezone 01/18/07, rev 2/12/08. rev 7/11/08 Agenda Item No. 88 September 15, 2009 Page 56 of 83 EXHIBIT F LIST OF DEVELOPER cOMITMENTS Agenda Item No. 88 September 15, 2009 Page 57 of 83 Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12/08, rev 7/11108 Agenda Item No. 88 SepTember 15, 2009 Page 58 of 83 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT (PUD), PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 6.13 ACRES FROM THE POO; PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING CONDITIONS; PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 8, 1998, The Board of County Commissioners approved Ordinance Number 98-71, which established Oak Grove, a PlaIll1ed Unit Development (PUD) zoning classification; and WHEREAS, LCS-Westminster Naples LLC, represented by Robert 1. Duane, of Hole Montes, Inc., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the Oak Grove PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT. OF ORDINANCE NUMBER 98-71, THE OAK GROVE POD Exhibit A, the Development Plan document (hereafter "Development Plan"), to Ordinance Number 98-71 is bereby amended and superseded by Exhibit A attached hereto. SECTION II: ADD EXHIBIT A-I, MAP OF EXISTING CONDITIONS Exhibit A-I, Map of Existing Conditions, is hereby added to the Development Plan and attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO THE LEGAL DESCRIPTION The Legal Description, Exhibit B of the Development Plan, is hereby replaced with a new Legal Description, attached hereto and incorporated by reference herein. PUDA-2008-AR-14090 REV. 7/30/09 Page 1 of2 Agenda Item No. 88 September 15, 2009 Page 59 of 83 SECTION IV: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Section Chief, Land UsefTransportation . ..... (f'~ 0 ' ~\'V CP\09-CPS-00921 \21 PUDA-2008-AR-14090 REV. 7/30/09 Page 2 of2 OAK GROVE A RESIDENTIAL PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 August, 1998 HMA File No. 98.25 REVISED MAY 2009 BY: HOLE MONTES, INe. 950 ENCORE WAY NAPLES. FL 34110 HM FILE NO. 2007.115 And Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. 4001 Tan1iami Trail North, Suite 300 Naples, Florida 34103 Agenda Item No. 88 September 15, 2009 Page 60 of 83 ; Agenda Item No. 88 September 15, 2009 Page 61 of 83 TABLE OF CONTENTS Page SECTION I - Statement of Compliance. .......,.... .......,.. ............ ............ ............-l- 1-1 SECTION 11 - Property Ownership, Legal Description and Short Title........... ..........J II-I SECTION III - Statement oflntent and Project Description.......... ................ ........4 III-l SECTION N - General Development Regulations.. . . , .. . .. . .. . ., . .. . .. . . .. .. .. . . , . ... ........~ IV-1 SECTION V - Permitted Uses and Dimensional Standards.......................... ..........9-V-l SECTION VI - Environmental Standards..... ............... .................... .......... ......-H-VI-l SECTION VII - Transportation Requirements........... ..,............................................-t4-VII-l SECTION VIII - Utility and Engineering Requirements.. .........,.. ............................-l4-VIII-l SECTION IX - Water Management Requirements....... , ...... ....................................+8lX-1 EXHIBITS Exhibit A - PUD Master Plan Exhibit A-I - Oak Grove Existing Conditions (added as part of 9/15/09 POO amendment to reflect as-built conditions on the site) Exhibit B - Legal Description v~ Agenda Item No. 88 September 15, 2009 Page 62 of 83 SECTION I Statement of Compliance The development of approximately 137.43 131.3 acres of property in Collier County, as a Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Oak Grove will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. 2. The Urban Mixed Use Residential designation is intended to provide locations for the development of rug her densities and intensities ofland use and permits up to four (4) dwelling urrits per acre. Therefore, the proposed five hundred and fifty (550) five hundred and twenty-five (525) dwelling units are consistent with the Collier County Growth Management Plan, based on (137,43) (131.3) acres x four (4) dwelling units per acre. 3. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objectivo 2 of the Future Land Use Element. 4, The project development is compatible and complementary to existing and future surrounding land uses as required in Potier 5,4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.] H and L of the Future Land Use Element. 7. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub~Element of the Public Facilities Element. 1- 1 \,.. .i\~ Agenda Item No. 88 September 15, 2009 Page 63 of 83 8. Provisions have been included within the PUD Document to provide two means of ingress and egress from Orange Blossom Drive and Livingston Road to the project. The proposed extension of these roadways will assure adequate traffic circulation and non- substantial impacts to the existing and proposed traffic network of the area. 9. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1-2 0\{ Agenda Item No. 88 September 15, 2009 Page 64 of 83 SECTION II Property Legal Description and Short Title 2.1 Property Ownership Following the approval of this rezoning request, +fie the subject property is currently under a contract for sale to Mffi'l~ Bates at the time of this rezoning request. will be comprised of the owners of the 524 dwelling units that have been built in the Oak Grove PUD and one dwelling unit that remains to be built. 2.2 Legal Description Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida, and, more particularly, described in Exhibit "B", 2.3 General Description of Property The property is located approximately one-half mile east of Airport Road and one and one-half miles north of Pine Ridge Road along the proposed extension of Livingston Road. The zoning of the subject property prior to the application of zoning is Rffi:ttl Agriculture (A) the Oak Grove PUD. Physical Description The drainage plan for the Oak Grove PUD will consist of five (5) drainage basins and five lakes. Lake 1, the largest of the new lakes, will incorporate the existing 1.96 acre lake immediately adjacent to the existing wetland lake. It will serve as the most downstream lake with Water Control Structure 4 serving as the outfall for the entire project. Control Structure 4 will discharge into Canal D-2, which is the storm water receiving body under pre-developed conditions, Existing site elevations vary from 1 ] .5 to 12.5 NGVD. Soil types on site are: (3) molsbar fine sand, (16) oldsmar fine sand, (25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25) Holopaw Fine Sand. The property is located in Flood Zone X. Short Title This ordinance shall be known and cited as the "Oak Grove Planned Unit Development Ordinance". II-I y-,.lJ Agenda Item No. 88 September 15, 2009 Page 65 of 83 SECTION III Statement ofIntent and Project Description 3,1 Introduction It is the intent of this ordinance to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit fiye ffimdred and fifty (550) five hundred and twenty-five (525) dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Proiect Description The project is comprised of 137.43 131.3 acres located within the northern half of Section 1, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road and one and one-half miles north of Pine Ridge Road. Access to Oak Grove is provided from both Orange Blossom Drive, presently a sixty (60) foot right-of-way, running west to a median opening at Airport Road that is proposed to be extended through the subject property and the adjacent property to the south to intersect with Livingston Road. Access is also proposed from Livingston Road, running south to its intersection with Pine Ridge Road for which the project will dedicate 275 feet of R.O.W, or:l: 13.29 acres. The project will provide for a range of housing types, including single family and multi-family development at four (4) dwelling units per acre. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of six (6) tracts consisting of development areas and three (3) tracts one development area that provides for single family, duplex, multi-family and clubhouse recreational areas consisting of wetlands, open spaces, lakes, and street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDe and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build out of the project is approximatoly five (5) years from the time ofissl:laIlce of the first building permit. The project is essentially built out at the time of this application for a rezoning request. III-l 0~"L Aqenda Item No. 88 September 15. 2009 Page 66 of 83 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Oak Grove Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan. A. Regulations for development of the Oak Grove PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts ofthe Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Oak Grove PUD shall become part of the regulations which govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions ofDi'l. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E, Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4,2 Site Clearing and Draina2:e Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. IV-l ~\~ Agenda Item No. 88 September 15, 2009 Page 67 of 83 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. 4.5 Proiect Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with POD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. An division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 €If the LDC. Prior to the recording ofthe final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws ofthe State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Seetien 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Off-Site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions ofthe project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: IV-2 ~ ~ Agenda Item No. 88 September 15, 2009 Page 68 of 83 A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitorin2 Provisions Oak Grove PUD shall be subject to Section 2.7.3.1 of the LDC, Time Limits for Approved POO Master Plans and Section 2.7.3,6 Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the Oak Grove PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Soction ') .6.30 of the LDC. 4.9 Native Vegetation The projeet will meet the native 'logotation requiremeRts of Di':ision 3.9, Vegetation Removal, Protection and Preservation oithe LDC for the subject property. The original PUD provided 5.91 acres of wetland preserve, which included 1.60 acres of native vegetation, The wetland preserve acreage has been reduced to 4.31 acres, which includes .43 acres of native vegetation. This reduction of preserve is due to the Livingston Road Right-of- Way impact which impacted 1.6 acres of the wetland preserve; of which 1.17 acres of native vegetation was impacted. The native vegetation existing onsite at the time of development was 1.60 acres, Therefore, the minimum required native vegetation preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will remam. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the fonn of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC, which requires a minimum of sixty (60) percent for residential developments. Areas dedicated to Collier County for the extension of Livingston Road and Blossom Drive may be counted towards the total open space requirements should the need arise. IV-3 \f'~ ~ Agenda Item No. 88 September 15, 2009 Page 69 of 83 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.12 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a home owners' association to be established by the developer. 4.12 Dedication of Public Facilities Dedication of road right-of-ways and public facilities shall be in accordance with Sectiea 2.2.20.3.7 of the LDC. IV-4 ,l Agenda Item No. 88 September 15, 2009 Page 70 of 83 SECTION V Permitted Uses and Dimensional Standards 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Oak Grove PUD designated for residential development on the PUD Master Plan, Exhibit "A". 5.2 Maximum Dwelling Units Fiyo hl:Hldred and fifty (550) Five hundred and twenty-five (525) dwelling units are permitted within the Oak Grove PUD, based on a density of four (4) dwelling units per gross acre. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES USE I :1::8.45 S.F. and Duplex (side by side) II :1::13.60 S.F, and Duplex (side by side) III +14.10 :!:20.25 S.F. or M.F. IV ::1::8.19 S.F.orM.F. V :1::15.42 S.F.orM.F. VI :1::13.49 S.F. or M.F. The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with .wiole 3, Division 3.3, and Division 3.2, respectively, e.f the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. V-I I {-- \~ Agenda Item No. 88 September 15, 2009 Page 71 of 83 5.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1, Principal Uses: (a) Single Family Detached Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi-family Dwellings, including Garden Apartments (f) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures' (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. 5.5 Development Standards 1. The following Table 1 sets forth the development standards for residential areas. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAl, AREAS PERMI1TED USES SINGLE FAMILY ZERO LOT LINE TWO FAMILY SINGLE FAMILY MVL T1-F AMIL Y AND STANDARDS DETACHED DUPLEX A rr ACHED AND DWELLING TOWNHOUSE Minimum Lot Areas 6.000 S.F. 5,000 S.F. per duo 3,500 S.F,lD 3,000 S.F per duo 1 AC Minimum Lot Width'2) 60 50 35 30 150 Front Yard 25 20 20 20 25 Side Yard'J) 7.5 14'0 or 10 o or 7.5 o or .5 BH' o or .5 BH Rear Yard Princioal 20 10 20 20 BH Rear Yard Accessory 10 5 10 10 10 Maximum Building 35 35 35 35 45' Heil!ht Distance BctweeTl 15 10 15 .SBII" .5 BII Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 I ) Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.P. 11, Minimum lot width may be reduced by 20 percent for cul-de-sac 1uts provided minimum lot area recwircment is still maintained. 1>'Aecessory uses such as pool enclosures may be anaehed toprineipa1 uses. ''''Where the zero (0) fee yard option is utilized, the opposite side of the structure shall have a tlm (10) foot side yard Zl.'TO (0) feet yards may bc used on either side of a structure prnvided thai the oPllOsitc ten (10) foot side '\lard is provided. (>)Tracls 4 (four) and 5 (five) are oermitted a maximum heill.ht of 50 (fifty) fcet. 'BH - BuildinJl: Heill.ht SBH - Sum of Building Heights V-2 ~l'0 ~ .Agenda Item No. 88 September 15, 2009 Page 72 of 83 2. Zero-Lot. Line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying Development Standards under Table 1. Zero-Lot Line dwelling shall be defined as any type of detached single family structure employing a zcro or reduced side yard as set forth herein, which conforms to requirements of Collier County Land Development Code, Article 2, Di','isioR 2.6.27. 3. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscaped buffers. 4. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC; however, a Type "B" buffer shall be provided on a three foot high undulating berm along the northern edge of Tracts I and II depicted on the POO Master Plan to provide additional screening for adjacent single family uses. 5. Landscaping along the internal access road depicted on the PUD master plan shall consist of uniform plant material that meets or exceeds the requirements of Section 2.1 ffi the LDC. Landscaped and signage shall also be uniform at each signature entranceway into individual tracts, which shall also promote a similar theme throughout the planned development. The first tract to be developed in Oak Grove shall set forth the landscaping and signage standards for the internal roadway depicted on the POO master plan and entranceway standards. 6. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus trees are permitted to be used in meeting the landscape requirements for the subject property; however, additional supplemental native plantings may be required to achieve the intent and purpose ofSeetioR 2.4 of the LDC. 7. Perimeter buffers shall only be required for the boundary of each tract at the time it is developed. Buffering may be required during the site plan review process of all or some remaining tracts as determined appropriate by the Development Services Director, based on the type of use and proximity to residential use. 8. All signage shall be in conformance with Oi'lisioR 2.5 of the LDC. 9. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading. Paved parking is also permitted within the FP&L easement, subject to their authoriza tion. V-3 i Agenda Item No. 88 September 15, 2009 Page 73 of 83 10. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. 11. Within each individual tract, architectural standards shall be unified with regard to colors, roof lines, and textures, so as to create a uniform architectural standard for each individual tract. V-4 j~ Agenda Item No. 8B September 15, 2009 Page 74 of 83 SECTION V I Environmental Standards The purpose o[this Section is to set forth the environmental commitments of the Project Developer. 6.1 PetiticHler shall be subject to the Collier County Growth Manag0ffioot Plan Polioy 12.1.3 contained in the Consorvation and Coastal Management Elcmont (discovery of a archaeological or historical site, artifact or other indicator ofpreser\'ation). The original POO provided 5.91 acres of wetland preserve, which included 1.60 acres of native vegetation. The wetland preserve acreage has been reduced to 4.31 acres, which includes .43 acres of native vegetation. This reduction of preserve is due to the Livingston Road Right-or-Way impact which impacted 1.6 acres of the wetland preserve; of which 1.17 acres of native vegetation was impacted. The native vegetation existing onsite at the time of development was 1.60 acres. Therefore, the minimum required native vegetation preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will remam. 6.2 Petitioner shall obtain and submit documentation of all neoessary Local, State and Federal permits prior to commencing construction. 6.3 The applicant shall be subject to all environmental ordinances in effect at the time of dcvolopment order approvals. &.4 A wetland preserve area is located on the POO Master Plan, along the eastern boundary of the project and comprises ~ 4.31 acres located outside the Livingston Road Right-of-Way. This wetland area is proposed to be enhanced, and fundamentally left intact; howeyer, minor encroachments may be pormitted, basad on issuance of permits from Local, State, and Federal wotlood penllitting agencies. VI-l '^~ Agenda Item No. 88 September 15, 2009 Page 75 of 83 SECTION VII Transportation Requirements The purpose of this Section is to set forth the transportation commitments ofthe project development. 7.1 The developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. This commitment has been completed. 7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. The road impact fees were paid at the time of SDP or plat approval for Bridgewater Bay that is the name ofthe development occurring in the Oak Grove PUD. a) The Oak Grove POO shall reserve a maximum of275 feet along the eastern boundary of the project for the future widening of Livingston Road and associated water management requirements in exchange for impact fee credits. The Oak Grove PUD has conveyed 275 feet along the eastern boundary of this PUD for the widening of Living,ston Road. b) Forty feet of right-of-way shall be provided for a portion of Orange Blossom Drive to be constructed on the subject property as depicted on the PUD Master Plan in exchange for impact fee credits. Forty feet ofright-of-wav has been dedicated to Collier County for the construction of Orange Blossom Drive on the subiect property and the developer was reimbursed with impact fee credits. c) Orange Blossom Drive shall be designed and constructed as a minor collector road within the boundary of the subject property within the 100 feet of right-of- way to be provided by this and the adjacent property to the south. Orange Blossom Drive has been constructed as a minor collector roadway within the boundary of the subject property and the adjacent property to the south. dJ Donation of said right of way easoment and the calculation of road impact foo credits shall bc made in accordance with the provisions and requiremonts of Section 2.7.2.8.1, "Dedication of the Pl:lblie Facilities llnd Do':elopment of PrcscribodjJl}enities" of the Collier County Land Development COGe and the Collier County Road Impaot Fcc Ordinance and shall be subject further to Q Developer Contribution Agreoment betv/ccn tho developer llnd tho Board of County Commissioners. The donation of the right-of-way easement and the calculation of road impact credits were made pursuant to the requirements of the LDC. VII-l ~~ Agenda Item No. 88 September 15, 2009 Page 76 of 83 7.3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.4 All traffic control devises used shall conf{)nn with the Manual On Uniform Traffic Control Dovices as required by Chal"ter 316.0745, Florida Statutes. A PUD buildoutlcloseout determination shall be filed for the Oak Grove POO prior to issuance of Certificates of Occupancy for lands that were removed from this POO and comprising +/- 6 acres located in the southwest comer and incorporated into the Siena Lakes CCRe CPUD. 7.5 Connections onto Livingston Road: a) All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as they may be amended. Median access and control shall remain under County control unless established via a right-of-way agreement between the Board of County Commissioners and the developer. U In the event that access is not available to Livingston Road by the commencement dato for eonstruction, access is pennitted from Orango Blossom Drive. VII-2 I ~ Agenda Item No. 88 September 15, 2009 Page 77 of 83 SECTION VIII Utility and Engineering Requirements The purpose oftrus Section is to set forth the utilities and engineering commitments of the project developer, 8.1 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers ofthe County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utillty construction docwnents for the projects sewerage system shall be prepared to contain the design and construction of an on site force main, which will ultimately connect the project to the future central sewerage [acilities ofColJier County, The force main must be interconnected to the pump station with approptiately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. VIII-l j-r Agenda Item No. 88 September 15, 2009 Page 78 of 83 E. Prior to or at the time of submission of construction plan and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be . , In service. 8.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction pemits shall be issued unless detailed paving, grading, site drainage and utility plans shall be submitted to the and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. Subdivision of the site shall require platting in accordance with Section 3.2 efthe LDC to define the right-of-way and tracts shown on the POO Master Plan. D. The developer and all subsequent owners ofthi5 project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. E. The development will provide adequate right-of-way for future turn lanes at the project entrance to Orange Blossom Drive and the design will be coordinated with the Office of Capital Projects Management. F. The development shall convey fee simple right-of-way to the County for both Livingston Road and Orange Blossom Ori ve prior to the receipt of any development order for construction activities. VIlI-2 ~ Agenda Item No. 88 September 15, 2009 Page 79 of 83 I"'""' SECTION IX Water Management Requirements The purpose ofthis Section is to set forth the utilities and engineering commitments of the project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.3 Landscaping may be placed within the water management area in compliance with the criteria established within Seotion 2.4.7.3 ofthe LOC. - 9.4 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 9.5 The conveyance swale from the water control structure to the D-2 canal shall be within a drainage easement to be recorded prior to approval of the first development order. 9,6 At time of development plan submitted, "Typical Lake Section" shall be revised to show the 2:1 breakpoint at 3' below low-water level, not 3' below control as shown. 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II I -'i I! ! illl;i!~:~:;i ___________________~_________________:,i~~i!!~:;I;:1 ----....-...-...-.... .......... -..--...- ...~ NO.LSONW1 -------.-.- ~genda Item No 88 eptember 15. 2'009 Page 81 of 83 I It " . it ::~;;; gQ.....:..:..: ~~...i....; .:..: wi". ~ -~s~.;: --- --- 8> --------- _\~ Agenda Item No. 88 September 15, 2009 Page 82 of 83 EXHIBIT 8 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION 1. TOWNSHIP 49 SOUTH, RANGE 2S [I>,ST.- COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE WEST 1/4 CORNER OF SECTION 6, SAID POINT BEING THE EAST 1/4 . CORNER OF SECTION 1, TOWNSHIP 49 SOU TH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA; THENCE ALONG THE THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 1 NORTH 02.-03'-56" WEST 158597 FEET TO THE SOUTH LlNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 1, THENCE ALONG SAID SOUTH LINE NORTH 89'-2.3'-43" WEST 2701.52 rEET TO A POINT. ON THE EAS T LINE OF LAKESIDE OF NAPLES A T CITRUS GREENS ACCORDING TO PLA T 800K 15, PAGE 83 - 88 PUBLIC RECORDS, COLLIER COUNTY, FLORIDA THENCE ALONG SAID EAST LINE SOUTH OT-49'-3S" EAST 1589.11 FEET TO THE SOUTHEAST CORNER OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS: THENCE ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS NORTH 89--28'-42" WEST 1]7 24 FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION J. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 02"-47'-.38" EAST 518.64 FEET TO THE NORTHWES T CORNER OF A PARCEL OF 1 AND OWNED BY THE FIRST BAPTiS T CHURCH OF NAPLES .I\,S SHOWN ON A SURVEY BY CAROL E. NELSON, PLS DATED FEBRUARY 10. 1996, PROJECT NO S1149R25 THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'-26'-34" EAST 279887 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION I; THENCE ALO~~G SAID EAST LINE NOR TH 00"- 43' - 57" W(S T 517 75 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CON T AINING t.31 .3 ACRES MORE OR LESS; j~ Agenda Item No. 88 September 15, 2009 Page 83 of 83 ~12F Sunday, August 30, 2009 liaillJNewl1 ," ~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on ioe~day, september, 15, 2009 in the Boardroom, 3rdFloor, Admlnlstra- , tion Building, Collier County Government Center, 3301 East Tamiami Trail, Na~les, Florida, the Boara of County Commissioners will conslde.r the enact. ment ota 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 COM.. MISSIONERS OF COlliER" "COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 98-71, OAK GROVE. A PLANNED' UNIT DEVELOPMENT A'. (PUD), PROVIDING FOR AMENDMENT TO EXHIBIT ,THE PUD DOCU. MENT, TO REMOVE 6.13 ACRES FROM THE PUO: PRO~ VIDING FOR AMENDMENTS TO ADD MAP OF'- EXIST- ING CONDITIONS: PROVIDING FOR AMENDMENTS TO THE lEGAL DESCRIPTION: ~ND ~ROVIDING FOR AN EFFECTIVE DATE. ' PETITION: PUDA-200S-AR.I4090, LCS-Westmlnster Naples, LlC, represented by Robert Duane, AICP, of Hole Montes, Inc. and RiChard D. Yovanovlch, Esq~ of Goodlette, Colemari, Johnson Yovanbvich ana Koester, Is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to delete approxi- mately 6.13 acres. The subject property Is located . in Section 1, TownShip 49 South, Range 25 East, Col- lier County, Florida (Companion Item to PUDZ-20OS- AR-14091 and PUDA~2008-AR-14092) . ' A copy of the proposed Ordinance Is on file with the Clerk to the Board and Is available for inspec- tion. All interested parties are Invited to attend ahd 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 ad- dressed; Individual speakers will be limited to 5 minutes on any Item. The selection of an individual to speak on oehalf of an organization or group Is encouraged. If recognized by the Chainnan, a spokesperson for a group or organization may be allotted 10 minutes to speak on an Item. . Persons wishing to have written or graphic materi- als included In the' Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board . shall be submitted to the appropriate County staff a minimum of seven days prror to the public hear- ing. All material used in presentations b~fore the Board will become a permanent part of the rec:ord. Any person who decides to appeal a deciSion of the Board will. need a record of the proceedings per- taining thertto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is based. If you al'~ a person with disability who needs any accommodation In order to patticlpate in this pro- ceeding, you are entitled. at no cost to you,. to the provision of certain assistance., Please contact' the Collier County FilClllties Management Dep'artment, located at 3301 Tamlami Trail East, BUIlding W, Naples, 'Florida 34112,' (239)252-8380. Assisted II~_ tening devices for the hearing Impaired are avail- able in the Cou,nty Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLliER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) AlJClust 30 2009 No18t30l8 _