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Agenda 12/01/2009 Item # 8B Agenda Item No. SB December 1, 2009 Page 1 of 84 EXECUTIVE SUMMARY PUDA-2008-AR-140911, LCS-WeSillIinster Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich and Koester, is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The subject property is located in Section 1, Township 4Q South, Range 25 East, Collier County, Florida (This is a companion item to PUDZ-2008-AR-14091 and PUDA-20118-AR-14092). OBJECTIVE: To have the Board of COWlty Commissioners (BCe) 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 hannony with the applicable County codes and regulatIons in order to maintain the community's interests. CONSIDERA nONS: ..- On September 8, 1998, the Board of County Commissioners (BCe) 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 applicablc 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. SB December 1, 2009 Page 2 of S4 for public facilities. Othcr fees collected before the issuance of a building permit include building pemlit review fees. It should be noted that the inclusion of impact fees and collected taxes are for infonnational 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 it residential density of four dwelling units per acre, or 550 dwelling units, on 137.43 acres. The 6. I 3-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 huilt if the subject PUD anlendment (PUDA) were approved: Approved (existing) PUD Proposed PUDA 550 DU 1137.43 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 Deveiopment 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 policies of the Transportation Element. AFFORDABLE HOUSING IMPACT: .""., 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 Grave August 12, 2009 2 HO__'~, Agenda Item No. SB December 1, 2009 Page 3 of S4 ENVIRONMENTAL lSSUES: Environmental Services stalf has re','iewed this amendment request and has determined that there are no environmental issw:s associated with it, as all environmental concerns were addressed at the time of the crjl.';inal rezone. ~ FNVIRONMENTAL ADVISORV COUNCIL (EAe) RECOMMENDATION: This pctition was not hcard by the EAC as no Environmental Impact Statement was required for the proposed amcndment. 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: ]. Within 90 days of Bec approval Df thc subject PUDA, the property owner shall complete a buildoutJcloseout determination for the 6.13-acres to be severed from the PUD. LEGAL CONSIDERATIONS: ,"h 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 dcnial, that such denial is not arbitrary, discriminatory or unrcasonablc. 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 jhllowing questions. T71e ans'wers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for tlie 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 he provided or maintained at public expense? Findings and ""..,. PUDA 2008~AR~J4090, Oak Grove /iI/gust 12, ]009 3 Agenda Item No. SB December 1, 2009 Page 4 of S4 recommendations of this tVl'e shail he 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 scrcening 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: Thc ability ,)f thc slibject prop~rty and of surrounding arcas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. "' 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan'> 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? II. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and ncarby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including ,,_., PUDA 2008.AR-14090. Oak Grove August j 2, 2009 4 Agenda Item No. 8B December 1, 2009 Page 5 of S4 activity during constJUction phases of the development or otherwise affect public sajety? ] G. Will the proposed change create a drainage problem? 17. Will the proposed cbange seriously reduce light and air to adjacent areas? J 8. 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 wit.h cxistin;; zoning: (a "core" question...) 27. 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 distJicts already permitting such usc. ..".~ 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 availabili(v 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. I 06. m1icle II], as mnended.. 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.-STW "..", PUDA 2008-AR-/4090. Oak Grove Augus[ 12, 2009 5 Agenda Item No. SB December 1, 2009 Page 6 of S4 RECOMMENDATION: Starf recon1n1ends tlif:.t th~ 130Rrd ot C('l'.1l1ty C0!11missioners (Bee) approve PUDA-2008- AR-14090. PREPARED BY: Jolm-David Moss, A1CP, Plincipal Planner Department of Zoning & Land Development Review .,"- _.~-.. PUDA 2008-AR-14090, Oak Grove .t:fugU,\l 12. 2009 6 Agenda Item No. SB December 1, 2009 Page 7 of S4 - COLLIER COUNTY BOARO OF COUNTY COMM!SSIONERS Meeting Date: 88 This item continued from the September 15, 2009 BCC Meeting. 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 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 Item 8A PUDZ-2008-AR-14091 and Item 8C PUDA-2008-AR-14092). CTS 12/1/20099:0000 AM :tern t.Jumber: Item Summary: Prepared By John~David Moss Planner, Principal Date Community Development & Environmental Services Zoning & Land Development Review 8119120094:20:33 PM Approved By Ray Bellows Manager - Planning Date Community Development & Zoning & Land Development Review 1113120099:55 AM Environmental Services -. Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 1113120091 :03 PM Approved By Heidi F. Ashton Section Chief/Land Use. Transportation Date County Attorney County Attorney 11/13/200911:21 AM Approved By Susan Istenes, AICP Director - Zoning & Land Development Date Community Development & Environmental Services Zoning & Land Development Review 11117/20098:56 AM Approved By Joseph K. Schmitt Administrator - Community Development Date Community Development & Community Development & Environmental Services EnVIronmental Services 11117120094:59 PM Approved By OMS Coordinator Date - County Attorney County Attorney 11/18120098:58 AM Approved By ",- ~-'., - ~'--~....._..~ ,-",,,.-., ' .m...__._ Agenda Item No. SB December 1 , 2009 Page S of S4 Jeff Klatzkow ,......"ntv Alto....."''' - ~~ . J . ',y] Dote 11'18/200910:42 AM A pproven Ry Mark Isackson Management/Budget A!"1a!yst, Ser.!~r Date Office of Management & Budget Office of Management & Budget 11/19/200910:58 AM Approved By Leo E. Ochs. Jr. County Manager Date County Managers Office County Managers Office 11/19/20096:56 PM Agenda Item No. SB AG~1JIliEM lI..g009 Page 1J of 84 - c:o ,er County _,d_ '~_<n",\;o:D 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, Yovanovich and Koester 4001 Tamiami Trail North Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting that the Collier County 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. - 1 PUDA-2008-AR-14090, Oak Grove PUD Juiy 15,2009 _....,_._.~ ,.... ,_. _.,..._,~..~ ,"-,_._,_.-. --_. - - ,. . '-' -- . ""'I a . ! " -- - -d -. ..,... .~ .........-.."""" ~, - " ! ii . <=E,......,..... ......' ~ n~"'I" ,., , , -- ,~,,_ (<l I - , II \\ ,.._ ''-+-J \S-' , ! II ~-',. \, \, I , ....-\ ! =-J~ \ ~, - .......' -, " , ! M I I!: I < .....-.,........"""< - - -, " - ,- - . """"'...,,"'.'" ., " -- - ~ -~,....,.."'" "k""J!' PROJ!;CT LOCATION -- ...."".. 1----,;:3'....... /' ~" -~" - - r) r -. 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I 'I UI>_ '-,>~ .----------'J ",[""",,"0-, I II ,;_ ',--..::~ ,-._---__ - \'- _____.,__~~_.__"'_L..." :( ,~, ~( """'" l,rrn--~ --~T--1r- : ,-- .-.-------_ I' ". "''''' /, I, I, I --- -------.----'---'~./ ','":::::-~-::=:.=-::-::-~-:::/ 1':1,: -~-- -J---::.-i.--J ~--u =1 I ! , , , , , j , , , I , , . ! , I ! I I I ! . . - , , , , , , , , , , , , , ! , , , , , , , , , , , , , , , I , , , , , , , , , , . " \i " 'I ~---,- \~j , FIRST BAPTIST CKURCH' .~ ..~ - {)AI\ (7l)()VI: "NT'" "".o:<c ""'- " . .........~_.- -= - . '--",~-~._.' .."--'. PUDA-2008-AR-14090 OAK GROVE PUD Project: 19990127 Oate: 4/10/09 DUE: 5/8/09 REV: 2 . ~ , I . I . '..... ~ .I::>.r. 'tt. """"'-,,,, PROJECT SUMMARY PROPOSED LAKES = 18..37 acres MAINTENANCE EAS. = 4-73 acres BUFFERS = 2.21 ocres FPL EAS. = 8.11 a:;.res ROW - 5.49 acres LIVINGSTON ROAD DEDICA liON - 1.3.29 acres ORANGE BLOSSOM OR. ROW . 1.59 acres RESIDENTiAL TRACTS = 7.3.25 acres VVE1LANDS - 4_.31 acres TOTAL SITE.I,REA = 137.43 acres . AREA TO BE REMOVfD FROM = -6.08 ocres* ORIGINAL PUD MASTER PLAN . RESIDUAL AREA = 131..35 acres * TRACT 'TRACT SUMMARY Jill S.F. ATTACHED OR DETACHED $.F, ATTACHED OR DETACHED $.F, OR M.F. $.F, OR M.F. SF OR M.F. S.F. OR M.F. " '" IV V ~ ACRES 8.45 1-3.60 14.10 8.19 15.42 13.4-9 OPEN SPACE SUMMARY , I , r WETLANDS . 4.31 acres LAKES & M.L ~ 22.16 acres BUFFERS - 2.21 ocres .. UVlNGSTON ROAD ROW ~ 1.3.29 acres .. FPL EAS. ~ 7.36 acres OTHER - 33.10 acres TOTAL - 82.43 acres U AREA DOES NOT INCLUDE WETLANDS CONCEPTUAL PUO MASTER PLAN EXHIBIT A :='1:/;;""='=--'" -... .....-...- O]l1SCMP4SK04229B .......... ....... - 1007_115 to"1 Agenda Item No. SB December 1 , 2009 Page 12 of 84 GEOGRAPHIC LOCATION: The subject PUD, consisting of 137.43 acres, is located in the northwestern quadrant ofthe Orange Blossom Drive and Livingston Road intersection, in Section I, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSEIDESCRlPTION 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 PUD July t5, 2009 Agenda Item No. SB December 1, 2009 Page 13 of S4 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 POD, 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 cOlmtywide 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 jJlanned 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 Proposed PUDA 550 DU 1137.43 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 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.B.5, 3 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 ---~--^.- ---,-,-,,"~,<'<'" '.-.'-'-~'~- Agenda Item No. SB December 1, 2009 Page 14 of 84 Pianning Commission Recommendation (commonly referrcd to as the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (commonly refcrred to as "Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria a$ 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 Analysi~" Tn ~ddjti(m_ sbff()-Ffe"'<<. th~ fnJ1()\u;",,~' Environmental Review: Environmental Services staff has determined that there are no environmental issues associated with this application since all environmental concems 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 buiJdoutlcloseout 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. I 3-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. SB December 1 , 2009 Page 15 of S4 LDC Subsection 10.02.13,B,5 states that, "/n support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following . ." ~""'l'"rla . v'.t.- . 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 "tilitie.. 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 PUDj and to the west is Agricultural-zoned property, which is proposed to be rezoned to the Siena Lal.es CFPUD. Access to the Oak Grove PUD 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 Sicna 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. (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.) 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 ,~.,,"_... -,,-,'" "-"'-'~'..-'-_.'..~'"'-- __ _<7 ~W'_ Agenda Item No. 8B December 1, 2009 Page 16 of S4 4. The internal and external compatihility 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 Tvpe B buffer presently separating the two developments would remain along the Oak Grove PUD 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 Grove 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 purposes to a degree at least equivalent to literal application of such regulations. The request would not cause the Oak Grove pun to become inconsistent with the regulations of its approving ordinance. LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendation~ 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. " (StafPs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals. objectives, and policies and future iand use map and the elements of the growth management pian. 6 PUDA-2008-AR-t4090, Oak Grove PUD July t5, 2009 Agenda Item No. 8B December 1, 2009 Page 17 of 84 The proposed change would be consistent with the goals, objectives, and policies and Future Land Use Map aud the applicable elements of the GMP. If approved, the severed acreage would be incorporated into the proposed Siena Lakes CFPUD 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 reqnest, as multi-family nses abut the properly 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 PUD 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 yet are surrounded by urban uses. This situation reflects the changed conditions in the area and clearly demonstrates that agricultural uses are no longer appropriate at this location. Therefore, removing the subject properly from the Oak Grove PUD and incorporating it into the proposed CFPUD would be a snitable way to rectify this circumstance and result in a unified plan for one development rather than two 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 the 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 trafflc. 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 PUD would result in a net decrease in the site-generated traffic on the roadway network. The companion item to this rezoning request, the Siena Lakes CFPUD, into which the subject properly will be incorporated, would be required to make imp,'ovements to the 7 PUDA-2008-AR-14090, Oak Grove PUD July 15,2009 -~"'- - -' ,- -,~_--..~>.,---- , ..'-- Agenda Item No. 88 December 1, 2009 Page 1S of 84 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 arc made. Therefore, the proposed change would not create or excessively increase traffic congestion incompatible with surrounding land uses. 8. Whether 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. 10. Whether the proposed change will adversely affect property values in the adjacent area. As described in this staff report, the ..em oval of 6.13 ac..es from this PUD should not have any effect on nearby property values. 11. FVhether the proposed change will be a deterrent to the impmvement or development of adjacent property in accordance with existing regulations. Staff is of the opinion that the proposed change should not be a dete....ent to the development to the imp..ovement 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) 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed request would not result in a grant of special privilege. The public interest would be maintained as the p..oposed 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 p..operties that could not be used in acco..dance with their existing Rural Agricultural zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposal would not be out of scale with the needs of the neighborhood. S PUDA-2008-AR-t4090, Oak Grove PUD Julv 15,2009 . Agenda Item No. SB December 1, 2009 Page 19 of S4 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 sHes iu the county in districts already permitting the proposed use on the subject property. 16. The physical characteristics of the property and the de?;ree 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 deveiopment 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 Faciliries 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 the 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, sqfety, 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,]3 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. SB December 1, 2009 Page 20 of S4 As of the writing of tbs report, staff has received no letters of objection from the community regarding this petition. COUNTY ATTORNEY OFFICE REVIE\V; The County 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: ]. Within 90 days of BCC approval of the subiect PUDA, the property owner shall complete a buildout/closeout detennination for tbe 6. I 3-acres to be severed from the PUD. 10 PUDA-2008-AR-14090, Oak Grove PUD July t5. 2009 Agenda Item No. 8B December 1, 2009 Page 21 of 84 ,,~ PREP_4RED BY: . JO A VI MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ l?; () ATE REVIEWED BY: 7 RA YM D V. BELL WS, ZONING MANAG R DEPARTMENT OF ZO ING AND LAND DEVELOPMENT REVIEW ./ , 7 "?f SUSA . ISTE ES, AICP, DI CTOR DA E DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: _."~- o EPH K. SCHMITT, A INISTRATOR MMUNITY DEVELOPMENT & -NVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 15,2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: . 0 '. J ~ MARK P. TRAIN, CHAIRMAN g-e--Of DATE Oak Grove PUDA-2008-AR-14090 J t .,--'-- "-'- - ~--,.-~- --,--_. ._--'" -"',,~, ---,----- Agenda Item No. SB December 1, 2009 Page 22 of S4 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WV\!'W.COLLlERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252- APPLICATION FOR PUBLIC HEARING FOR: ~ AMENDMENT TO PUD (PUDA) 0 PUD REZONE (PUDZ) REZONE (PUDZ-A) o PUD TO PUD PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To he completed hy slqjr APPLICANT INFORMATION NAME OF APPUCANT(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 NAME OF AGENT ROBERT L. DUANE, A1CP-HOLE MONTES, INC. (& RICHARD D. YOVANOVlCH, ESQUIRE) Application For Public Ilcaring For I'UO l{ezonc ()] 'I R,07. rev 2,.' J 2/08, rc\' 7,'1 ] 'OS Agenda Item No. 86 ADDRESS 950 ENCORE WAY & 4001 TAMIAMI TRAIL NORTH, SUITE 300 CITY NJ).elafiSber 1, 2009 Page 23 of 84 STATE FL ZIP TELEPHONE # 239--254-2000 CELL # FAX # 239-254-2099 t.-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. ASSOCIA nONS I I 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?!2l!9e=774 NAME OF HOMEOWNER ASSOCIATION: SEE AlTACHED 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 pun Rezone 01/18/07, rev 2/12iQ8, rcv 7/11/08 .-~._. .,,-~_.. -----~--- ",-" -".,.,.._-~-- MAILING ADDRESS CITY STATE Agenda Item No. 88 ZIP December 1, 2009 Page 24 of 84 NAME OF HOMEOWNER ASSOCIATiON: MAILING ADDRESS CITY STATE ZIP nis('lO~"l]rp f'f Jnterelii:t IpfnrJ1l~tio" 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 1613 Chinaberry Way Application for Public Hearing ror pun Rezone 01 18/07, fey 2'12/0S, rev 7'11/08 . B December 1, 20 9 Pa e 25 of 4 Naples, Florida 34105 Euhnee Bates 100% .. 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 N/A ."~ d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership .- 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 PUD Rezone 01/18/07, rev 2/12/08, rev 7/] lIOS .,._._._.......<~,... ."_._,~,,,- ...--~_.,,,.,, ,-,--,,- . ~-,- Name and Address Agenda Item No. 88 December 1, 2009 Percentage of OWri'eifsfRp>f S4 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/l 0/08 Date option terminates: , or Anticipated closing date 6 mos. after date of final zoning approval of site Application For Public Heating For P1JD Rezone 0 1,'18/07, rev 2/] 2/08, rev 7 i] 1.'08 _. Agenda Item No. SB December 1, 2009 Page 27 of S4 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 legal description of the JITQPerty covered bv the al!Plication: (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 2S00 Page #: 0576 Property I.D. #: 00235960009 Metes & Bounds Description: see attached deed Sizeofl!!!!perty: +/-500 ft.X+/-518 ft. = Total Sq. Ft. 267,023 Acres +/- 6.13 Address/general location of subiect p.!QPertv: North side of Orange Blossom Drive, east of Airport Road. PUD District (LDC 2.03.06): ~ Residential 0 Community Facilities D Commercial D Industrial ADJACENT ZONING AND LAND USE Zoning Land use NPUD Residential-lakeside of Naples at Citrus Gardens d.~ Application for Public Hearing For PUD Rezone 01/18/07, rev 2/] 2/08, rev 7/] 1/08 ._~._.., --..-----,~-,". ,-, -"_.._--,,.-.--.,~._~.~ - .-.-,- SPUD Agenda Item No. SB Residential single family-Lone Oak PUD December 1, 2009 Page 2S of S4 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. att~('h on sp.parate page). Section/Township/Range 0 I / 49S / 25E Lot: Block: Subdivision: Plat Book 2696,2793,2500 Page #: 2526,2527,2522,0576 Property I.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 01.'18/07, rev 2'12/08, rev 7'11/08 1. Agenda Item No. SB The suitability of the area for the type and pattern of development ~d, !W09 r' -Page-29 of S4 relation to physical characteristics of the land, surrounding areas, traffic and access, 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 Heming For PUD Rezone 01/18/07. rev 2/12/08, rev 7/1 1/08 . "-- .-'" ,....-.-. .....-,,<-., -'---""'_,"-~""-'- -._,----,,'- Agenda Item No. 88 December 1, 2009 Page 30 of S4 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such re,trictions. 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, SEE ATTACHED RESPONSE Previous land us.: iJeU.iolls Or. .h" subject property: To your knowledge, has a lJublic hearing been held on this property within the last year? 0 Yes ~ No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes ~ 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 sUQply 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 Puhlic Hearing For PUD Rezone 0]/18/07. rev 2,'i2/0K. rev 7,'] L'OS Agenda Item No. Further review of the project will be subject to the then current code. (rner&!'lrt101\l Page 31 of lO.03.05.Q.) "'~'-, - Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 711 1/08 _..~.- ....,--- -- -.- " -'"'''---''''~'- ~.. -. ,~..- STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. 88 December 1, 2009 Page 32 of 84 APPliCANT INFORMATION NAME OF APPLlCANT(S) lCS DEVELOPMENT, llC ADDRESS 400 LOCUST STREET, SUITi:. 820 CiTY DES MOINES STATE IA ZIP 50309 TELEPHONE # (515) 875-4518 CEll # FAX # E-MAil ADDRE55:BlEEKER@LCSNET.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2879 Orange 810ssom Drive LEGAL DESCRIPTION Section/Township/Range 01 / 49S / 29E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00235960009 Metes & Bounds Description: 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 UTIUTY SYSTEM ~ o D Application For Public IJearing For PUD R<:zone 01/18/07. rev 2'12.08. rev 7/] li08 PROVIDE NAME d. PRIVATE SYSTEM (WELL) D Agenda Item No. SB December 1, 2009 Page 33 of S4 . 5TATE."'~9IT OF tITlUTY 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 shilll 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 ror Public Hearing For PUD RezoneOl/I8/07, rev 2/12/08, rev 7/] 1/08 ,- ..-....---.-..--.- - -"-'---'~_._-~- - .... ...,._ . _.___n Agenda Item No. SB the project area upon completion of the construction of these ~#~s1,;:W09 Page 34 of S4 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 Puhlic Heanng For pun Rezone 01./1 S/()7, rev 2/]2/08, rev 7/] liOS . B December 1, 20 9 Page 35 of 4 Af-FIDAVrr Well, Old Barn, Inc. (Mark Bates) being first duly sworn, depose and say that well amlare 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. Well 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 Well further authorize Robert L. Duane. AICP. Richard D. Yovanovich. Esq. & LCS Development, LLC to act as our Imy 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 h d d 'd 'f . or as pro uce ________________________as I entl Icatlon. _. Application For Public Healing For PUD Rezone 01118/07, rev 2/12/08. rev 7/1 1/08 --- .,,--,.- ,. .,. --,""~-_...-..,.,._-_.,._- _.,,_'"~_~..._.___,__"_h."'_ . ---,"' ,,~-'~ Agenda Item No. SB December 1, 2009 Page 36 of S4 State of Florida County of Collier (Signature of Notary Public - State of Fiorida) ---------------------------------- (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For rIm Rezone OllIS/07, rev L'12/08, rev 7/] li08 COVENANT OF UNIFIED CONTROL Abee~';'~bee~ 1~~'0~~ Page 37 of S4 The ~ndersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property .-:ommonly 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 subject 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 legat representatives of the property and as such, these individuats 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: I. The property will be developed and used in conformity with the approved master ptan inctuding all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezomng. 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 tenus 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 Otd 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 Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 '----".--',_.~---,_.--~--- ,._"-, .~ .,.,..' _____w_ I TRAFFIC IMPACT STATEMENT (TIS) Agenda Item No. SB December 1, 2009 ~4 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 requirEG ~Gr ;'ezcne requests for propNty less than 10 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. MAlOR 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 MDT 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 rOf Public Hearing For pun Rezone 01/18/07, rev 2,/12/08, rev 7,'11/08 7. Agenda Item No. SB For Rezones Only: State how this request is consistent with thEP'lml!)~bJ;l!l09 'Page 39 of 84 policies of the Traffic Circu!i'tion F!ement(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. Future 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 Assignment: 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 PUD Rezom: 01/18/07, rev 2/] 2/08, rev 7/11108 ',-,.,._-- .. '--'~ .~."._' _.~._-"'-,,,-- --._..,-~..~_._.<,..., Agenda Item No. 88 4. Level of Service (LOS): The LOS of a roadway shall be expressed in t~l'm!Jl~ tnE!l09 Page 40 of S4 applicable Collier County Generalized Daily Service Volumes as set forth In the TCE of the GMP. 5. Radius of Development Influence (RDD: 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 thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential S 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. Background 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 PI JD RCl.One (J 1 1 X/07, rev 2/] 2i08. rev 7') 1/08 8. Agenda Item No. 88 December 1 , 2009 Page 41 of S4 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 ca!~'Jlatil)ns shall be provided, 4 Through 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 Roadway 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 Project 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 PUD Rezone 01/18/07, rev 2/12/08, rev 7/1 ]/08 ,...~., ,."....-.-". ,~_..~~...,<....,. "'.-...-. .- Agenda Item No. SB 9 Page 42 of 4 PUD REZONE APPLICATION SUBMITIAL 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 I'IJD Rezone 01/18/07, rev 2/12.'()8. rev 7/1 ]i08 '-'-., Legal Advertising Fees ~ BCC = $363 ~ CCPC = $760 Fire Code Review = $150 EiS Review = $2,500 Agenda Item No. 8B December 1, 2009 Page 43 of S4 Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of thp. arioina! 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) PUD MASTER PLAN - Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7illl08 - '....,.,-..-" " .--~.~..,-"." "-'-'_.'-~.'~-" , -~,--~,-~.. In compliance with Section 10.02..13.A.l Agenda Item No. 8B of the Land Development Code:?ecember 1, 2009 Page 44 of S4 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 d~::~, ~c~~ra(t for ::;:!c 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 (TIS) 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 PERMITS 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 lO.03.05.E. Please see attachment for requirements. Application For Public Hearing For PUD Rezone OI'18i07, rev 2'12/08, rev 7/1 j.'llR ,.,.- Agenda Item No. 8B December 1, 2009 Page 45 of 84 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. CONTINUANCE FEES !:-: ::::::ordance wit~ Coilier 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 10.03.0S.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 Healing For PUD Rezone 01/] 8/07, rev 2/12/08, rev 7/11/08 _..."- .. ,.,..,..--.-,.. --,' - . ~,-,.;...., -_..,,- Agenda Item No. SB December 1, 2009 Page 46 of S4 NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.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 scheduied 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 PUD Rezone Oi/18/07, rev 2.'12'08, rev 7'1 ]/08 ..', Agenda Item No. SB As a result of mandated meetings with the public, any commitments made by fue;~ida~tl09 . . . Pa.!1e 47 of S4 shall be reduced to writing and made a part of the record of the proceedings provraed to 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. F5. 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. ~. _.~" Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 ".,,--,- ..._-_..~ '~....~-,~- . .-........ -~" - . December 1, 20 9 Page 4S of 4 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST 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 REQUIRE STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelo ment Area) lSJ Conies of detailed descrintion of whv amendment is necessar 24 0 Completed Application with list of Permitted Uses; Development 24 ~ 0 Standards Table; List of proposed deviations frorn the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download llcatlon from webslte for current forml Pre-annlication meetin notes 24 ~ 0 PUD Conceotual Master Site Plan 24" x 36" and One 8 W' x 11" CODV 24 ~ 0 Revised Conceptual Master Site Plan 24" x 36"and One 8!1," x 11" 24 ~ 0 conv Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 ~ 0 AMENDING THE PlJD Revised PUD a lication with chan es crossed thru & underlined 24 ~ 0 Revised PUD application w/amended Title page w/ord #'s. LDC 24 ~ 0 10.02.13.A.2 Justification/Rationale for the Deviations (must be on a separate sheet 24 ~ 0 within the application material; please DO NOT include it in the PUD documents) 2 Co les of the followln : Deeds/Le ai's & Survev (if boundarv of orioinal PUD is amended) 2 ~ 0 List identif inn Owner & all parties of corooration 2 ~ 0 Owner / Affidavit sinned & notarized 2 ~ 0 Covenant of Unified Control 2 ~ 0 Comnleted Addressino checklist 2 ~ 0 4 Co les of the followln : Environmental Impact Statement (EIS) and digital/electronic copy of EIS 0 ~ or exemDtion iustification 4 Historical Surveyor waiver request 4 0 ~ Application For Public Hearing For PUD Rezone 01.:18/07, rev 2il2/0R, rev 7/11/0R ".,~ Utilit Provisions Statement w Isketches Architectural rendering of J?!:QPosed structuI-e~. Surve ,si ned & sealed Traffic Impact Statement (TIS) or waiver (with a licable fees) Recent Aerial Photograph (with habitat areas defined) min scaled 1"~400' Electronic copy of all documents in Word format and plans (CDRom or Diskette) Coov of Official Inter retation and 1M 70nin Verification ..-' If located in RFMU (Rural Fringe 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 PUD Rezone 01/1 R/07, rev 2/12,'08, rev 7/11/08 -".....~-_.__. ,...~-_._......- .. .""~~_".__hM..__. .. 4 4 4 7 5 o ~ o ~ 1 ~ 1 o .- o ~ o o ~ -.._---_.._~._.. Agenda Item No. S8 December 1, 2009 Page 50 of S4 EXHIBIT A PERMITTED USES: No building or structure. or part thereot, shaH be erected. altered or used, or land used, in whole or in part for other than the fol1(w,ring: 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 Appeats ("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 (Qptional) 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 OI/IS/07, rev 1'12:'08, rev 7/11/0K Agenda Item No. 88 December 1, 2009 Page 51 of 84 .......,. ,""-,-,- ... tAMIDi I r, TABLE I RESIDENTIAL DEVELOPMENT STANDARDS -- .--" Application For Public Hearing for pun Rezone 01/18/07, rev 2/12/08, rev 7/11/08 '~"-----'- -'"",-^--._.""- -,.~~~-_..._,. -,,-- ,'-' , . Agenda Item No. SB December 1, 2009 DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY ATTACHED & TOWNHOUSE lWO-FAMIL Y, PATIO & ZERO LOT LINE MULTI- FAMILY CLUBHOUSE/ RECREATION BUILDINGS 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 N/A S.F./D.U. MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET or FEET or FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BElWEEN FEET FEET FEET FEET or N/A STRUCTURES BH, whichever is reater 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 I SPS SPS FEET NOT TO EXCEED I FEET Application For Public Hearing For PlJO Rezone 01/18/07. rev 2/12/0R, rev Jill/OS ,..,. S.P.S. ~ Same as Principal Structures BH ~ Building Height Footnotes as needed Agenda Item No. SB December 1, 2009 Page 53 of S4 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 LOUiJdarics i>hall ,1'lot be utilizLd fur detelmining 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 Immokatee Road Canat ROW Ft. SPS From Future Extension of Collier Blvd. Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS (Internal) Internal DriveslROW Ft. Ft. Rear Ft. . Ft. Side Ft. Ft. . MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building heights * MAXIMUM HEIGHT Retait Buildings Ft. Ft. Office Buildings Ft. Ft. ._-, Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12/08, rev 7/11/08 ".--- "",=>-<-,,,",,-.-...-' ,...._--"...._,.. -.-- .-.........'.. MINIMUM FLOOR AREA I MAX. GROSS LEASABLE AREA I j- , L ._.^ , .... --'- -~'._-'''--'-'--- N/A whichever IS greater ** per principal structure. on the finished first floor. * EXHIBIT C MASTER PLAN Application For Public Heming For pun Rezone 0]/]8/07, rev 2']2/08, rev ]'1\/08 Sq. Ft. ** Agenda Item No. 8B December 1, 2009 4 Sq. Ft. F)(HIRIT I') Agenda Item No. 8B December 1, 2009 Page 55 of S4 I""AI D'.srRln-T-j........."1 LU..... r-. ...- . I' i,~, ..... ,..... .........',.. ,-".. (If legal description is too long. add as an attachment) -"~- Application For Public Hearing For PUD Rezone 01118/07, rev 2/] 2/08, rev 7/l1l08 "'-.----'." - ..__~,._.""u._...~-' -,.._~~_......_". ,._,--~, EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Agenda Item No. 8B December 1, 2009 Page 56 of S4 Application For Public Hearing For PUD Rezone OI,'J~/()7, rev 2/12/08, rev 7ijl/0R FXHIBIT F LIST OF' ,,,.,,,. LOPER ,', ..,,, MENTS LJCV~ \...'JI\'111 Agenda Item No. 86 December 1 , 2009 Page 57 of 84 - ,".' ,',_., Application For Public Hearing For PLIO Rezone 01118/07, rev 2112/08, rev 7/11/08 ......-.-.....,,-- .......,.., .._._-~~.,- '"'''~''----,-."''' Agenda Item No. 88 December 1, 2009 Page 5S of S4 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 DOCUJ\trEr~T, TO REMOVE ;'.;3 ACRES FROM THE PUD; 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 COW1ty Commissioners approved Ordinance Number 98-71, which established Oak Grove, a Planned Unit Development (PUD) zoning classification; and WHEREAS, LCS- Westminster Naples LLC, represented by Robert L. 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 PUD Exhibit A, the Development Plan document (hereafter "Development Plan"), to Ordinance Number 98-71 is hereby 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 Descliption, attached hereto and incorporated by reference herein. PUDA-2008-AR-14090 REV. 7/30/09 Page 1 01 :2 Agenda Item No. 88 December 1, 2009 Page 59 of S4 SECTION IV: EFFECTIVE DATE -""- This Ordinance shall becomc cffective 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: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: . ," (I'~o ~\1< Heidi Ashton.Cicko Section Chief, Land Use!Transportation CP\09-CPS-0092I \21 - PUIJA-2008-AR-14090 REV. 7/30/09 Page 2of2 __w^~=__"_,~.__.,, ,_ ---'-'-"-"'~-" -." ------" Agenda Item No. SB December 1, 2009 Page 60 of 84 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 Tanliami Trail North. Suite 300 .tillples, Florida 34103 L it- Agenda Item No. SB December 1, 2009 Page 61 of S4 T ABI,E OF CONTENTS Page S~r~'~N' -1 Stet'en'lt of r". 'pll'a "c" + I I D\....11Vl - i1 U!;;:l \......V111 J v.............................."........................... ~ SECTION 1I - Property Ownership, Legal Description and Short Title.. ..................3 II-I SECTION III - Statement ofIntent and Project Description.......................... ........4 III-I SECTION IV - General Development Regulations..... ......... ................... ............~ IV-I SECTION V - PClmitted Uses and Dimensional Standards........... .........................9-V-l SECTION VI- Environmental Standards....... ............, ................. ............. ......-l+VI-1 SECTION VlI - Transportation Requirements............ ..............................................-l4-VII-1 SECTION VlII - Utility and Engineering Requirements., ,.......... ..............................J.4..VIII-1 SECTION IX - Water Management Requirements ........ ..........................................+& IX-l EXHIBITS Exhibit A - POO 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 December 1, 2009 Page 62 of 84 SECTION! Statement of Compliance The development of approximately ~ 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 win be consistent with growth policies, iana development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: I. The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in the Future Land Use Element. 2. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities ofland use and permits up to four (4) dwelling units per acre. Therefore, the proposed five hundred and twenty-five (525} dwelling units are consistent with the Coliier County Growth Management Plan, based on ~ (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 tbe development's residential density as required in ,. the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in ~the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in 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 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 ~5-efthe Drainage Sub-Element of the Public Facilities Element. 1- ] , '-' i-f . Agenda Item No. 88 December 1, 2009 Page 63 of 84 8. Provisions hav!;: bcen incluMC: ";.r;tl',;;) 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 Ordinanr.e. 1-2 - -""---".~'~ '_'__.~'_._~M." ".,.-.....' 0'rY ,.---".--.~-_. Agenda Item No. SB December 1, 2009 Page 64 of 84 ,....,......r''''''''I'"'''''' IT :Jt:_l Vl"l 1 Property Legal Description and Short Title 2.1 Property Ownership' F^llo\u,'n- t"L, - a-2ro"''11 ,.,-'-" th;s re--*" :.. - ......~.-..,,(",j. ~T"'\.,Q ..1...e "ub,iect ~roperty is eWTeBtly y. ,y 1 ~ ...:.; . y . ...... yl . __ .::..y......... ....lj....."'...~. ..I.~.... ~ ~.) 1-1 . 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 rcmains to be built. 2.2 Legal Description Being a part of Section I, 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 miie east of Airport Road and one and one-half miles north of Pine Ridge Road along the ~ extension of Livingston Road. The zoning of the subject property prior to the application of zoning is Rural Agrioulture (At the Oak Grove POD. Physical Description The drainage plan for the Oak Grove POD will consist of five (5) drainage basins and five lakes. Lake I, 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 Watcr 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 11.5 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 0-~ Agenda Item No. SB December 1, 2009 Page 65 of S4 ....-,.............-....,...-..- u.,:::.,l......iJV;" Ii":' . Statement of Intent and Project Description J.1 Introduction It is the intent of this ordinance to establish a Planned Unit Development meeting the requirements as set fOlih in the Collier County Land Development Code (LDC) that will permit five hundred and twentv-five (525) dwelling units for tbe subject property. The purpose oftbis document is to set forth guidelines for the future development oftbe project that meet accepted planning principles and practices, and to implement tbe Collier County Growth Management Plan. 3.2 Project Description The project is comprised of ~ 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 throngh tbe 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 tbe project will dedicate 275 feet of R.O.W. or:!: 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 POO 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 witb regard to tbe 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 ofthis ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with tbe applicable dimensional requirements contained within this document. B. from t The l1!Qject is essentially built out at the time of this al!Plication for a rezoning request. I1I-l .- I\,-V 0\ - .'.-__ _-"0 _.~'._",_'" - .- ~----'~-.""'- "-_.~ Agenda Item No. 8B December 1, 2009 Page 66 of 84 SECTION IV General D~vdopment 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. fl 1 G~neral 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 Manag~ment 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\', 3, l~ 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 Drainage 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. 8B December 1, 2009 Page 67 of 84 ~ 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 Seotion 2.7.3.5 ofthe Collier County LDC, as revised, in effect at the time the amendment is requested. 4.5 Project Plan Awroval Requirements Exhibit "An, the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. A 11 division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. J'., 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 aU appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida, Prior to the issuance of a building permit or other development orders, the provisions of Sectien 3.3, Site Development Plans shall be applied to aU platted parcels, where applicable, Should no subdivision of land occur, Section 3.3 shall be applicable to the development of aU 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 of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: IV-2 - ~(;- "'__,.__.~ """ ....... '" '"_W__"" --..."--.,,..-.---.',' Agenda Item No. 8B December 1, 2009 Page 68 of 84 A. Excavation actlvities shall comply with the definition of a "Development Excavation" pursuant to Seetion 3-,5.5.1 3 (1' the LDC, whereby offsite removal shall not exceed tcn (10) percent of the total volume excavated up to a maximum of20,000 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 CiJiHpkL<..: $aid rClnoval, hQLI.~" v[ vpcration a.nd haul routes. C. All other provisions of Seotion 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions Oak Grove PUD shall be subject to SectioR 2.7.3.4-Nthe LDC, Time Limits for Approved POO Master Plans and Seotion 2,7,~,6 Monitoring Requirements, 4.8 Polling Places Any community recreation/public budding/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 Section 2,6.3G-efthe LDC. 4,9 Native Vegetation ~t will meet4Be native YegelatioR requirements of:.Divi~ion 3,9, Vegetation . , The ori!,:inal 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 . remaIn. 4,10 Qpen 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 form oflandscaping, 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 See, 2.6.32 of the LDC, which requires a minimum of sixty (60) percent for residential dcvclopments. Areas dedicated to Collier County for the extension of Livingston Road and Blossom Drive may be countcd towards the total opcn space requirements should the need arise. IV-3 , \l"V ~ Agenda Item No. 8B December 1, 2009 Page 69 of 84 4.11 Archaeological Resources The developer shall be subject to Section 2,2,25,8.l-efthe LDC pertaining to alchaeulugical resources in the event they are contained on the property. 4.12 Common Area Maintenance Common A,rea Maintenance, inclur1ing 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 d~veloper. 4.12 Dedication of Public Facilities Dedication of road right-of-ways and public facilities shall be in accordance with Section 2.2.2Q,3,7 of the LDC. IV-4 .- '_.,-- -- -~~-_.....~-.._;_.__._, _d~",__,~.._._ _ Jt' .,---~---- Agenda Item No. 8B December 1 , 2009 Page 70 of 84 SECTION V Permitted Uses and Dimensional Standards 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for ar~RS within the Oak ('rrove PUr) des;:,'T'o.t"'c1 r"r residential development on the PUD Master Plan, Exhibit "A", 5.2 Maximum Dwelling Units . Five hundred and twenty-five (525) dwelling units are permitted within the Oak Grove POD, based on a density of four (4) dwelling units per gross acre. 5.3 General Description The PUD Master Plan desighai.c, tb" following uses for each tract designated on the PUD Master Plan, TRACT ACRES USE I x8.45 S,F. and Duplex (side by side) II x13.60 S.F and Duplex (side by side) III +14.10 ..20.25 S,F, or M.F, IV x8.l9 S.F, or M.F. V I15.42 S.F. or M.F, VI ocl3.49 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 Mi&le 3, DivioioR 3.3, and-Division 3.2, respectively, ef 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-l \'i!;-~ f Agenda Item No. 8B December 1, 2009 Page 71 of 84 5.4 Pemlitted Uses and Structuf65 No building or structure, or part thereof, shHII be erected, Hltered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (rr) Single Family Dct:!ched 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 I, The following Table 1 sets forth the development standards for residential areas. TARLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAl. AREAS PERMITTED USES SINGLE FAMILY ZERO LOT LINE TWO FAMILY SINGLE FAMILY MULTI-FAMtLY AND STANDARDS DETACHED DUPLEX ATTACHED AND DWELLING TOWNHOUSE Minimum Lot Areas 6.000 S.F. 5.000 S.FcE" duo 3,500 S_F.~ ) 3.000 S.F oer duo 1 AC Minimum Lot Width(21 60 50 35 30 150 Front Yarn 25 20 20 20 25 - Side Yard ) 7.5 (.10 or 10 o or 7.5 Oor.5BH' 00r.5 BH Rear Yard Prin~ 20 10 20 20 BH Rear Yard Accessory \0 5 \0 10 \0 - Maximum Building 35 35 35 35 45' Height Distance Between \5 10 15 .5 BII" 5BII Structures Floor Area Min. (Sf) 1200 1200 1200 1000 600 111 Each halforn duplex unitT~ires a lot area allocation of3,500 S.F. for a toml minirrrum 101 area of7,000 S.F. Minimum 101 width may be reduced by 20 vereen! for cul-de-sac lut~rovided minimum l~t area requirement is still maintained. P'Accessory uses such as pool enclosures may be attached to nrincioal uses. ( Where the zero (01 fee yard option is lltill:Led, the opposite side of the structure shall have a tlm (l 0) foot side yard. l.l.--ro (OJ feet yards may be used on either side ofa stntctuTe...E!:wided thai the opposite ten (10) foot :'>ide ard is rovided. P1Tracts 4 (rour) and 5 (live)are~cnn1tted a maximum h~ht of 50 (fiftYJ feet. - 'BH Buildi~Hci~ht .. -. SBH Sum ofBuilJinf!. HcjO!;hl~ V-2 _. {- ~~/ .. .-. .._~~~.""-".....~_.,.,-_.,,.,..- ....>--._-_._...~"..._, Agenda Item No. 8B December 1 , 2009 Page 72 of 84 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, Art~le 2, Division 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 PUD 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 2.4 ef 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 devcloped in Oak Grove shall set forth the landscaping and signage standards for the internal roadway depicted on the PUD 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 ofSeotioH 2,4-efthe 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 DivisioH 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 authorization. V-3 rt''v 1 Agenda Item No. 8B December 1, 2009 Page 73 of 84 10, Setbacks shall bt m"';'.;,,~': i~,',,, C!k ~",;:,: :.."",,,dary 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, rooflines, and textures, so as to create a uniform architectural standard for each indi vidual tract V-4 -- l&' ~ -- ~,..,.;_." -. ' , '-"-~",-,."_.". -,-' , - ..._..-..."..~.""" ,-- .- --,..._-,-_. , Agenda Item No. 8B December 1, 2009 Page 74 of 84 SECTION VI Fnvironmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6,1 Pat4tionef--BilaHbe .ubjw,"tC-the-C"l4eF-Cc-,;;:ty-Growtil-Managernent-Ptan J2&ooy-l.;kkJ contained in t.fle-Conservation and-Coastal-MllHagement-Blcmont-f&sco'lery of.a !lf6haeoJogical or hffitorieaJ-site, arttfuet or other indicator of-pr-oservation)o The original PUD provided 5.91 acres of wetland preserve, which included 1.60 acres of native vegetation. The wetland preserve acreage has been reduc~d to 4.3 J 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 l?reserve; of which 1,17 acres of native vegetation was impacted, The native vegetation existing onsite at the time of development was J .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 Fedcral-permits-prior to commencing construction. 6.3 T-he a]3p!icant-shall-be suejeet-to aH environmenla! ordinances in effeet.-at4fle..time-ef develspmenl order ajlpfOvals-, M A wetland preserve area is located on the PUD Master Plan, along the eastern boundary of the project and comprises 5.914.31 acres located outside the Livingston Road Right-of-Way. This wetland area is proposed to be enhanced, and fundamentally left intactt-hO'.vever, minor encroacllments may oo-permitted,baseEl on issuance of-rcrmits-from Local, State, Blld-Fe6cral wetland-pcrmitting agencies, VI-1 '^~ Agenda Item No. 8B December 1, 2009 Page 75 of 84 _.- ---- ~ - ~.~ ;)L\...- i .iUi...~ V.il ." Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the 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 lillproval for Bridgewater Bav that is the name of the development occurring in the Oak Grove PUD, a) The Oak Grove PUD shaH 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 Livingston 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 of right-of-way has been dedicated to Collier County for the construction of Orange Blossom Drive on the subject pJ:9perty and the..Qeveloper was reimbursed with impact fee credits, c) Orange Blossom Drive shall be designed and constructed as a minor collector road withill 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 min.or collector roadway within the boundary of the subject R!Qperty and the ad.@cent PIQperty to the south. &) Donation of said rigAt-ef way easement and-lhe calelliation of road im~ cred~e made in acoordance witfl-.th&provisions and requirements of . ,,' . . Prcscribedjunenities" oHhc Collier County-band-Develepment Code and-ll1e . . Dcyc1eper ContfiffiHion A" f County Commissioners, The donation of the light-of-way easement and the calculation of road impact credits were made pursuant to the requirements of the LDC. VII-l ~y " "~" '-'~- .."_..~-'" '-___T_ --"'<~-'- - Agenda Item No. 8B December 1, 2009 Page 76 of 84 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 APUD buildout/c1oseout determination shall be filed for the Oak Grove PUD prior to issuance of Certificates ofOeeupancy for lands that were removed from this PUD and comprising +/- 6 ac:cs located in the southw~st eorr.er and incorporated into the Siena Lakes CCRC 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 shaH remain under County control unless established via a right-of-way agreement between the Board of County Commissioners and the developer. :;.,e lfl-lhe event-that access is not availa&le-t&-Livingston Roa~e eommencement4lle for oonstruotion, acoess is permittetJ...fmm Orange Blossom Drive. YII-2 ~~ ). Agenda Item No. 8B December 1, 2009 Page 77 of 84 SbCTlON VIII Utility and EIlgineenilg Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the proj ect 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 proj ect. C. Prior to approval of construction documents by the County, the developer must present veri lication, 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 utility construction documents for the projects sewerage system shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately 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'V _'".."._-_'~",_._"..' . , ....".=_.__v.....-, " ".._~.,. .- Agenda Item No. 8B December 1, 2009 Page 78 of 84 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 .fu1gineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits 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 Seetion 3.2 efthe LDC to define the right-of-way and tracts shown on the PUD Master Plan, D, The developer and all subsequent owners ofthis 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 Drive prior to the receipt of any development order for construction activities. VllI-2 1 0\ Agenda Item No. 8B December 1, 2009 Page 79 of 84 - SECTION IX Water Management Requirements The purpose ofthis Section is to set forth the utilities and engineering commitments of the project dc'velopcr. 9, I 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 aU 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, 93 Landscaping may be placed within the water management area in compliance with the criteria established within Seotion 2.4,7.3 ofthe LDC. - 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, IX-I - ~v/ .,.,._,...,...... ,,<...,~...._.,,' , '-"...,..,.,"~~- -,..-." _...~'--, Agenda Item No. 8B December 1, 2009 Pa e 80 of 84 . 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EXHIBIT B LEGAL DESCRIPTION A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION 1" TOWNSHIP 49 SOUTH, RANGE 25 EAST: 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 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE ALONG fHF THF FAST LINe OF THE NORTHEAST 1/4 OF SECTION I NORTH 02"-0.3"-56"' WEST 1585.97 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 1: THENCE ALONG SAID SOUTH LINE NORTH 89-- 23'--43" WEST 2701.52 FEET TO A POINT ON THE EAST LINE OF LAKESIDE OF NAPLES AI CITRUS GREENS ACCORDING TO PLA T BOUK 15, PAGe 8.3 - 88 PUBLIC RECORDS, COLLIER COUNTY, FLORIDA THENCE ALONG SAID EAST LINE SOUTH 02'-49'-35"' EAST 1589.11 FEET TO THE SOUTHEAST CORNER OF SAID LAKESIDE OF NAP! ES AT CITRUS CREENS: " THENCE ALONG THE SOUTH liNE OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS NORTH 89'-28'-42"' WEST 13724 FEEl 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 I, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLliER COUNTY, FLORIDA THENCE ALONG THE EAST liNE OF SAID PARCEL SOUTH 02'-47'-38" EAST 51864 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND OWNED 8Y THE FIRST BAPTIST CHURCH OF NAPLES I\S SHOWN ON A SURVEY BY CAROL E NELSON" PLS 01\ TED FEBRUARY 10, 1996, PROJEC T NO. SI T 49R25 THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'-26'-34" EAST 279887 FEET TO A POINT ON THE EAST LINE OF TilE SOUTHEAST 1/4 OF SAID SECTiON I; THENCE ALONG SAID EAST LINE NORTH 00'- 43"-57"' ViEST 51775 FEET TO THE POINT OF BEGINNING OF THE PARCEl OF LAND HEREIN DESCRIBED; CON T AINING 1.31 3 ACRES MORE OR LESS; Jt! I Agenda Item No, 8B December 1, 2009 Page 83 of 84 -'2F Sunday, August 30, 2009 ilnily Ne1tJliIi ,,-". ",.u , NOTICE OF INTENT TO CONSIDER ORDINANCE'" . '+. - Notice Is hereby given that on TueSday, September, 15, 2009 In the Boardroom, 3rd Floor, Admlnlstra- . tion Building, Collier County Government Center,. 3301 East Tamlaml Trail, Naples, Florida, the Boara . of County. Commissioners will consider the er'lbct, ment of a County Ordinance. The. meeting will commence at 9:00 A.M, The title.. of. the proposed Ordinance is as follows: . AN ORDINANCE OF THE BOARD OF COUNTY COM- . MISSIONERS. OF COLLIER... COUNTY, FLORIDA,. AMENDING ORDINANCE NUMBER 9/lo71, OAK GROVE" A PLANNED UNIT DEVELOPMENT, (PUD), PROVIDING FOR AMENDMENT TO EXHIBIT ", THE PUD DOCU- MENT, TO REMOVE 6.13 ACRES FROM THE PUp; PRO' VIDINGFOR AMENDMENTS TO ADD MAP OF. EXIST- ING CONDITIONS: PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION: AND PROVIDING FOR AN EFFECTIVE DATE, . '. . PETITION: PUDA-2008-AR-14090, LCS-Westmlnster . Naples, LLC, represented. by RObert Duane, AICP, of . Hole Montes, Inc, and RIchard D. Yovanovlch, Esq" . of Goodlette. Colemah, Johnson, YovanOvlch ana Koester; Is requesting an amencment to the oak Grove PUD (Ordinance No. 9/lo71) to delete approxi- mately 6.13 acres. The subject property Is located , in Section 1. Township 49 South, Range 25 East, Col, Iier County, Florida (Companion Item to PUD2,20OB, 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 and 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 behalf of an organization or group Is encouraged. If recognized by the Chairman. a spokesperson for a group or organization may be: allotted 10 minutes to Speak on anttem.; Persons wishing to have written.-or graphic materl~ ' 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 prior to the public hear- Ing, All material used In presentations before the Board wll I become a permanent part ofthe record. Any person who decides to a'fpeal a deciSion of the Boara will need a record 0 the proceedings per- . taining ,ther@to 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 at'@ a person with disability who needs any accommodation -in order to participate in this pro~ ceedlng, you are entitled. at no cost to you,' to the provision of certaIn assistance., Please contact the collier County Facilities Management Oep'artment, located at 3301 Tamlami Trail East, BLl(lding W. Napies, Florida 34112, (239)252,8380, Assisted liS, tening devices for the hearing impaired are avall~ ' able in the County Commissionersl Office.- , , - BOARD OF COUNTY COMMI5SIONERS COLLiER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) - - ......-_._~.--_.~,,-~-- .,.<,..... -- " ''''-_,_m_.....' ,,__._,__.~_ Naple8 Dally New. . SwIday, November 15, 2009 . 19D ('" -. ..._"-.,._----,_.,-~._--,- ..-.,-----, _._".,--,_.'~.~....~-, . , NonCE OF INTENT TO CONSIDER ORDINANCE' - Noti,,~ Is hereby gi\ll!n that on Tues- day December 1, 2009, in the 8gard- __fOam. 3rd .100r,_Mmjf11~fl.tlon Build- ing: Collier Count).' Government Ceo- ter. 3301 East Tllmlllml Trllll,'Naple~, Florida, the Board of County Commi~- ~ioners will cornlder Ule enar:tment of a County Ordinance. The meeting will, commence .t9:0Q A.M. The title of the proeosed OrdinarKl!' IS liS follows: ANORClNANCE OF'THE',80ARD Of COUNTY COMMISSIONERS ,OF COWER COUtflY.. FLORIDA, AMENOINGORDI- NANCE NUMBER .96 71, OAX GROVE, A PLANNED UNIT OEVEt..O.i>MENT (PUD), PROVIDING _ FOR AMENDMENT TO EXHIBIT'A, ,THE. PUODOCUMENT, TO REMOVE 6.13' ACRES FROM ,THE' PUPs. PROVIDING FOR 'AMENDMENTS TO ADD MAP 'OF 'EXISTJNGCONDI- TIONS; PROVIDING FOR. AMENDMENTS TO THE LEGAL DESCRIPTION; AND PRDVJDING FORAN EFFEcnve DATE. PETITION: f'UCA-200B.AR-t4090, LCS. Westmlnrter Naples, LLC, represented by Raben Duane, AICf', of Hoie Mon- tes. Inc" and Rkhllrd D. Yovanovich, E~q.. of Coleman, - Yovanovich and Koester, ii requesting an amendment to 1he Oak Grove 'PUO (Ordinence No. 98-71) to delete approximately 6.13 ~cres. The subject propert)' is I~~d in Section. 1, Township 49 South, Range 2S Ean. Collier Count~, Florida (Companion Item to PUDZ-200B.AR- 14091 atldPUDA-2008.AR-14092l A ropy of the proposed Ordln~nce is On file wl'th the Clerlc to the Board and Is available for lnipeaion_ All Interest- l'a partil'5are invited to attend IInd be heard. NOTE: Ali persons wiihing to soeak on an~ agenda item must register with the Co..mty Manager prior to presen- tation of the agenda item to be ad- ore-lsed, Individual ~pl!akers will be limited to S minutes On 'n~ Item. The selection of an individual to speak on behalf afan organization orgr.oup is encouraged. If recognized by the Chairman, a spokespenon for a group Dr organilation may be- allotted 10,' mintJtes~9spe-a~onan Item. ~, PI!I'!;on5 'wishin$ to have writte",~or_ graphk "materials inclUded 'in: thl! Board age!'lda packets murtsubmlt laid'materlal a minimum-of3-weeks prior to the respecti'le publicl'M!aring, In any cese, wrintll materials Intended to be.coniidered by the 90erdshllll be submitted to the appropriate County l1affa minimum of seven days; prior to the public huring. 'AIl material used in prO!Sentlltion5 before the Board will become a pe-rmehetlt part of the re-- (ord, Any perlan who decides to appeal a decision of the Board will ne-ed are. cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim ~ord of the proceedings Is made. whiCh ~ecord in- cludel the testimony and evidence upon which the appeal is bllsed_ If you are a per.onwithdisabilltywho needs an~ accommodation in order to participate in this proceeding, you, are entitled,at no cost to you, to the pro- 'vision Of ,ertein a>>istan,e_ ~Ieale con. tact the'Collier County Facilities Man- ilgement Depanment, locatt!d at 3301 T~miamj Trail ElIst, Building W, Naples"Florida 3-4112, (239)252-8380, Ao;sined listening dt'Vic:esfor the hear- ing" impaired art! available' in the County Comminioners'Otfke. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA CHAIRMAN DWIGHTE.BROCK,.CLERK By: Martha Vllfgara, DeplityClerk (SEAL) N<wpmhpr1S :'>OM N<"l1IlJ'4?? Agenda Item No. '8B December 1, 2~09 Page 84 of 84 .