The URL can be used to link to this page

Agenda 12/01/2009 Item # 8C '>Y' ,"',Y'.,.. ','< PI>, , Agenda Item No. 8e December 1, 2009 Page 1 of 77 EXEc'r"~n1E '0' 'M~'" RY ... "-) 1.11 y ~ .........,.,..<11'[..--.... . _ ',_~__.U ~ ~_.- -_ ,~-~ PUDA-2008-AR-14092, LCS-WesllUillSlcr t"'p.e, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. <\nd Richard J), Yovanovich, Esq., of, Coleman, Yovanovich and Koester, is requesting 'u. amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject prope~' i~ '~r::~~d in <;~cticn 1, Township 4<) South, Range 25 East, Collier County, Florida (Companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14090), OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to sunsetted Ordinance No. 92-75, the Orange Blossom Gardens Planned Unit Development (PUD), to remove 5.85 acres from the PUD so that the ecreage might be added to the proposed Siena Lakes Commercial Planned Unit Development (CPUD) to the cast (companion item PUDZ-2008-AR-1409l) tor an assisted living facility; and to ensure that the project is in harmony with the applicablc County codc" and regulations in order to maintain the community's intcrests. CONSIDERATIONS: "--. On October 1 9, 1992, the Board of County Commissioners (BCC) approved Ordinance No. 92-75 for the Orange Blossom Gardens PUD, which estahlished a maximum 40 unit multi- family residential development at a density of 3.42 units per acre, which has remained unbuilt. The applicant is proposing to amend this sunsetted PUD to remove the easternmost 5.85 acres and the associated 20 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the east, which is proposed to be rezoned to the CrUD zoning district for the Siena Lakes assisted living facility. The proposed changes to Ordinance No, 92-75 arc 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, It should be noted that SL Katherine's Greek Orthodox Church, the owner of the remaining 5.85 acres of the subject PUD (to the west of the subject parcel) has undetermined plans for the use of their property. Although the PUD has sunsetted and, therefore, would require a PUD Amendment (PUDA) or a new PUD Rezone to re-activate it, the proposed PUD document for the subject petition has been revised to adequately address the broader issues directly related to it, such as the legal description, ownership information and permitted density, which would remain at 3.4? dwelling units per acre (or 20 units instead of the previously approved 40 units). If any future development is proposed within this PUD, a provision has also been included in Section 2,6 of the proposed document requiring the owners to amend the PUD when they are ready to develop the property and, at that time, to address specific infornlation relative to building envelopes, design standards and the location of access points. ,~.~. PUDA 200R~AR-14()92, Orange Blossom Gardens August 19, 2009 Agenda Item No. 8e December 1, 2009 Page 2 of 77 FISCAL IMPACT: _.~.._, ~ The lezuJlin~ ddiuIl, ill anu of il~dL \Nl.IldJ Ildvc 111..1 1isl.:al ilUpal:l un Collier County. There is no gu~r~ntee th~t the project, ~t hudd out would maximize its authorized level of (k,;elopment, 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 f",,('~ljtie::. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities, These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities, Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include huilding pern1it rcview fees and utility fee<; associated with connecting to the County's water and sewer system. Finally, additional revenuc is gencrated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the critcria used by staff and the Planning Commission to analyze tbis 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, Urhan Residential Subdistrict), as identified on the countywide Future Land Use Map of tbe Growth Management Plan, 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 whcre existing and planned public facilities are concentrated. Within this designation, and in accordance with the Density Rating System of the Future Land Use Element (FLUE), a base density of fellir units per acre is allowed. . As previously noted, tbe Orange Blossom Gardens PUD was approved on October 19, 1992 by Ordinance No. 92-75. This approval was the result of a rezone that was initiated by the County in accordance with the Zoning Re-evaluation Ordinance, The maximum gross density of 3.42 units per acre (or 40 units) was approvcd at that time of the PUD's approval even though such density was not consistent with the three units per acre limitation of the Density Rating System for properties within the Traffic Congestion Area (a one dwelling unit per acre density reduction from the allowed four units per acre of the Urban designated area is nom1ally required), However, because the increased density was deemed necessary to allow a development compatible with the surrounding properties, the 3.42 units pcr acre density was approved. ,,'~'.- Approved (existing) PUD density: 40 DU -c ll.68 acres = 3.42 w1its/acre PUDA 2008-AR-/4092, Orange Blossom Gardens 2 A ugus! J 9, 2009 Agenda Item No, 8e December 1, 2009 Page 3 of 77 P IPl'D 1m td . 'ODn.-,;~ '-'42 't/ rupuse( ) _ amerll en enslty: L U ...,... ).LU a:':fcS - ~." unl :5 acre ;,,11,'1"(' LaJld US" l'lement (FLU I;) Policy" 4 states: "New developments shall be compatible with, and complemcntary to, the sUiTounding land uscs as set forth in the Land Development Codc," Zoning and Land Dcvelopment Review staff has conducted a complete compatibility analysis as part ofthcir revicw of the petition in its entirety. Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE of the GMP, Transportation Element: Transportation Planning staff has reviewed this project and has noted that the removal of 20 dwelling units from the PUD would, obviously, not pose a net increase in the site-gencrated traffic on the roadway network. Therefore, this petition may be deemed consistent with the applicable policies of the Transportation Element. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. AFFORDABLE HOUSING IMPACT: Affordable housing is not affected by this application, whieh only proposes to remove 5.85 acres from the PUD's boundaries, ENVIRONMENTAL ISSUES: According to aerial photography, the property was cleared in 1973; no native vegetation has grown back since that time. Environmental Services staff has deternlined that there are no environmental issues associated with this application as all environmental eoncerns were addressed at the time of the original rezone. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC as no Environmental Impact Statement was required for the proposed amendment. COLLIER COliNTY 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. LEGAL CONSIDERATIONS: ~"'. This is an amendment to the existing Orange Blossom Gardens Planned Unit Development, to remove 5,85 acres from the PUD so that the acreage might be added to the proposed CPUD to the east. This proposed amendment is quasi-judicial in nature, As sueh the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all PUDA 2008-AR-14092, Orange Blo,<;som Gurdens 3 Augusr 19, 2009 Agenda Item No. 8e December 1 , 2009 Page 4 of 77 of the criteria set forth below. The burden tben shins to tbe BCC, should it consider denial, that such denial is not arbitrary, discrimin"lory or unreasonable, This would be accomplished by finding that the ~l;~el~dii-;cr;~ ; 1(}~:t; not meet one or lnore of the listed crileria. Criteria for PUD Rezones Ask yourself the follov.1ng questions. The answers assist you in making a determination for approval or not. l. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2, Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to anangements or provisions to be made for the continuing opcration 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 OIl(V after consultation }I.ith the County Attorncy. 3. Consider: Confonnity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The intemal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, ), 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 improvemcnts and facilities, both public and private, 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detelmination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? PUDA 2008-AR-14092, Orange Blossom Gardens 4 AUglLIL i9. .i,OJ9 Agenda Item No. 8e December 1, 2009 Page 5 of 77 10. Will the proposed PUD Rez(~~c be ""propriate considering the existing land use pattern? ll. Wuuld th~ reyueskll PUD R"LOIlC J c,ult in the possible creation of an isolated district unrelated to adjacent and nearby districtsry 12. Consider: Whether existinQ 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 pcak volumes or project~d :..-pcs of vehicular traffic. including activity j;Jring construction phascs of the development, or othenvise a/fixt puhlic safety? l6. Will the proposed change create a drainage problem? l7. Will the proposed change scriously reduce light and air to adjacent areas? l8, Will thc proposed change adversely affect property values in the adjacent area') 19. Will the proposed change be a deteITent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of .\pecial privilege to an individual owncr as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning') (a "core" question..,) ry2. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts alrcady pelmitting such use. 24. Considcr: Thc 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, "",."." PUDA 20U8-AR-14092, Orange Blossom Gardens ) rtiigUS; 19, :009 ..-.,.... Agenda Item No. 8e December 1 , 2009 Page 6 of 77 75. Consider: The impact of deveioprrwD! rp"l1til'~', from the proposed PUD rezone 0/1 the availability of adequate puhlic .facilities and services consistent with thc levels of service adopted in the C~;niCl' CuuHi_)' Gr()\vth I\1anagement Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code eli, 1 06, article 1I], as amer.ded, 26. Are there other f~ctors, st~ndards, 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 heming as these materials relate to these criteria.- STW RECOMMENDA nON: Staff recommends that the Board of County Commissioners (BCC) approve PUDA-2008- AR-14092, PREPARED BY: ... John-David Moss, AlCP, Principal Planner Department of Zoning & Land Development Review ,''''>, PUDA 2008-AR-I4092. Orange Blossom Gardens 6 August 19, 2009 .,., item Number: Item Summary: Meeting Date: Agenda Item No. 8e December 1, 2009 Page 7 of 77 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C 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-14092 LCS Development 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 Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Fiorida (Companion item to Item 8A PUDZ-2008-AR-14091 and Item 8B PUDA-2008-AR-14090). CTS 12/1/20099:00:00 AM Prepa red By John-DaVId Moss Community Development & Environmental Services Planner, Principal Date Zoning & land Development Review 8/19/20094:23:04 PM Approved By Ray Bellows Community Development & Environmental Services Manager ~ Planning Date Zoning & Land Development Review 11/3/20099:49 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 11/3/200912:01 PM Approved By Heidi F. Ashton County Attorney Section Chief/Land Use~Tra"sportation Date County Attorney 11/16/20091:30 PM Approved By Susan lstenes, AICP Community Development & Environmental Services Director ~ Zoning & Land Development Date Zoning & Land Development Review 11/17120098:52 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Administrator ~ Community Development Community Development & Environmental Services Date 11/17/20094:58 PM Approved By OMS Coordinator ~ County Attorney Date County Attorney 11118/20098:57 AM Approved By -.-, ^-"..._""~'_.... ,-_." ,,-'-.,.,-~ .. . ",.~"",-".".^ Agenda Item No. 8e December 1, 2009 Page 8 of 77 Jeff Ktatzkow C::)~f1ty t\ttomev Date 111181200910:31 AM Approved Ry Mark Isackson Management/Budget Analyst, Senio!'" Date Office of Management & Budget Office of Management & Budget 11119/20098:21 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 11/19/20096:45 PM A~~~~O~~ Page 9 of 77 -"- Co er County .... ~.. STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: AUGUST 6,2009 SUBJECT: PETITION NO: PUDA-2008-AR-14092, ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD) (COMPANION ITEMS: PUDZ-2008-AR-14091, SIENA LAKES COMMERCIAL FACILITY PLANNED UNIT DEVELOPMENT (CPUD) AND PUDA- 2008-AR-14090, OAK GROVE PUD) PROPERTY OWNER/AGENT: .- OWNERS: APPLICANTS: St. Katherine's Greek Orthodox Church, Inc LCS- Westminster Naples, LLC 71 00 Airport Road 400 Locust Street, Suite 820 Naples, FL 34109 Des Moines, IA 50309 Old Barn, Inc. The Eunhee Bates Living Trust 1613 Chinaberry way Naples, FL 34105 AGENTS: Robert 1. 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 NOlth Naples, FL 34103 REQUESTED ACTION: The applicants are requesting that the Collier County Planning Commission (CCPC) consider an application to amend sunsetted Ordinance No. 92-75, the Orange Blossom Gardens Planned Unit Development (PUD), to remove 5.85 acres from the PUD so that the acreage might be added to the proposed Siena Lakes Community Facility Planned Unit Development (CPUD) to the east -. (companion item PUDZ-2008-AR-1409l) for an assisted living facility, It should be noted that St Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 I ~---_."'---~'.'_., .__.._e_.~'__'" Pf;OJECT ,. l.OCATION - . . . - -.- ...." , ',,",,' ... ..,~ i '. . - , - - -. .. ,~ .. """".."",,"" ., " , .-- " ~, . . I ......."'..... . GOl.DEN , -....,..".. I GATE , ""'" , " , C:TY . l MA P - -.. - ~ " - ,-. ........ ""'> - " -- - -d .. ".. -, .. - ! " I , " - , -- "_"" ISI - -- - - , 1 \\ ,..- 'I'-n' \ \.:j- , \,' - \'; '\ ',' "--\' I , ,,,~- \ ' -' I ~ (DO) , -. ....,."."'.......""'" ~"'''_., i :1....., ,~. ! -- .- ., " -. ., -- -- - - L I , i -- " ,- ....e. - \ ~~H~~ ~ I, . 'I -.."" , .. "I , " " ~, I . -- --. - --- " - LOCA TION l. 1= nn_-r-" I i . , , .. , -- - " ""'<<__M.....,.., , -.."",.... ." " "'"""""""''''''.,''' .' . """"""'-'.......""'" - .- , " ......."",..,."" -' ;, -- ""'.... I +/'-~ " -- ., r' " ,-- 1 .J 1- , -- ..' " -", ! I ! . -.. ,".n ... ---.-' , i I i , r I ! : , ://( ~0 0...." . --. ...'"" --. -~'"'.,..,," -- " --. "''''' ......" .,.."..."" " ~ /--<~ L ~---.- -, ........... PUD _.~ I , i A " A\ ,", '"' "'""""'\ "mm /~_.-- I ...,. ... .""......... . .:~:.:,",..."',,... iM:::PlJOI\: ,':":::;'-!ili;;;;wX" ",'::':"~:;"" :i,_r<><S):::: r') \.,---, PUD PUD LONGW:~ ~"' "'lSTs...rrsr - "'~ .. r~i-=-- "\ ,A . : i \ .~ C '-) ~ ,II '" ~v-~I\d( PUD l,""O" ~. L I , ZONING MAP f'.sJJI.!.P N Ii PUDA _ 2008 - AR - 14092 " ._" " E ~ " 0 ~ .. .0 ~ . ~ - 0 ;: E :> '" 0 - m 8 N <6 N ~ 0 '" ~ - - x S 0- '" " " 0- " .0 !"- ~ . ~ ..; - ,,-- . " . "E & E 0 . . 0 m . ~ , E -5' ~ z w " '" i3 '" " ~ ~ g m - -- LAKESIDE OF NAi-d':S AT (;I'!"'-';, GARDENS (PUD) CITRUS LAKE DRIVE ,--- - \ \ \ C URCH 40NED ArU/CU \ \ ------- '" -- \ "1 \ \ \ ---, ..J '-.. ---- LONGYlEW (PUD) , LONGYlEW (PUD) r ~~ WID; TY~ -:-S' J- \ l \ \ LANDSCAPE SUFFER \ I. \ I FUTURE I \ DEVELOPMENT AREA I \ 1 A DETAILED MASTER \ I 1 PLAN MUST BE 1 I APPROVED BY THE I I \ COUNTY PRIOR TO I 1 I ANY DEVELOPMENT I I OCCURRING I \ EXISTING \ LAKE I CC~S \ \ EXISTING DRAINAGE I 1 I OUTF ALL TO AIRPORT \ I \ ROAD CANAL 1 \ ORANGE BLOSSOM) \ "" GARDENS,// \ 1~ ~~ I \ 5.85 Ac.:!: \ \- 15' WIDE TYPE 'B' I -\ 1 LANDSCAPE SUFFER I I 10' WIDE TYPE 'D' 1 I LANDSCAPE BUFFER \ L_____ I ~____.J -- --~-- -- 40' ROAD RESERVATION 1 I I I 1 I I I 1 I I 1 1 I \ I 1 I -- -- -- - -~. - - - J~ .- - - - =-~ -- -- - - . 24' WIDE PUBLIC ACCESS EASEMENT -----r-- PORTION OF ORANGE BLOSSOM GARDENS (PUD) TO BE REZONED -- -- LONE OAK (PUD) t:WIES...:.. 1, FUTURE USE AND DEVELOPMENT STANDARDS TO I BE DETERMINED IN FUTURE P,U.D. AMENDMENT, I 2. NO NAIlVE VEGETAIlON IS REQUIRED TO BE I PRESERVED. I 1 I 1 10' WIDE TYPE 'D' \ LANDSCAPE BUFFER I I I I 1_- __ NGE BLOSSOM DFmfE ~ Z <<t: _ -- '" 5' '" z z ,/ ~ I!! m " f 5' "' - - ~ " " ;:; ~ " " ;:; " " - I I -- EXIS; -6h~~w. I I \ 950 Encore Woy No)>I.. FL. 34110 Phon.: (239) 254-2000 Florida C.rtlflcat. of Authorlzoflon Ho.1772 Orange Blossom Gardens PUD Master Plan Exhibit "A" BIIlIIIIISflNIflIS'illMlQlS . ....__ ~" ~_m"'" -_._..--~",.... -- - - -- o I I \ I I \ I I \ I I \ ZO~ED 1 I \ I I \ I I \ I I \ 1 I \ , . 1 I L ..____~m__'_ CHECKED BY : R-LO. DRAYm BY : JON DATE: ; 1108 Agenda Item No. 8e December 1 , 2009 Page 12 of 77 Katherine's Greek Orthodox Church has authorized the removal of the 5,85 acres from the pun but is not a participant in this PUDA. GEOGRAPHIC LOCATION: The subject PUD, consIsting of 11.7 acres, is located on the north side of Orange Blossom Drive and approximately 600 feet east of Airport-Pulling Road (CR-31), in Section I, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSEIDESCRIPTION OF PROJECT: On October 19, 1992, the Board of County Commissioners (BCC) approved Ordinance No. 92-75 for the Orange Blossom Gardens PUD, which established a maximum 40 unit multi-family residential development at a density of 3.42 units per acre, which has remained unbuilt. The applicant is proposing to amend this sunsetted PUD to remove the easternmost 5.85 acres (see aerial photograph beiow)and the associated 20 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the east, which is proposed to be rezoned to the CPUD zoning district for the Siena Lakes assisted living facility. The proposed changes to Ordinance No. 92-75 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, It should be noted that St. Katherine's Greek Orthodox Church, AERIAL VIEW OF THE ACREAGE TO BE REMOVED Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 ) Agenda Item No. 8e December 1, 2009 Page 13 of 77 -- the owner of the remaining 5.85 acres of the subject PUD (to the west of the subject parcel) has undetermined plans for the use of their property. Although the PUD has sunsetted and, therefore, would require a PUD Amendment (PUDA) or a new PUD Rezone to re-activate it, the proposed PUD document for the subject petition has been revised to adequately address the broader issues directly related to it, such as the legal description, ownership information and permitted density, which would remain at 3.42 dwelling units per acre (or 20 units instead of the previously approved 40 units). However, per the County Attorney's Office, a provision has been included in Section 2.6 of the proposed document requiring the owners to amend the PUD when they are ready to develop the property and, at that time, to address specific information relative to building envelopes, design standards and the location of access points. SURROUNDING LAND USE AND ZONING: North: Multi-family residences of the Lakeside community, zoned Citrus Gardens PUD East: Vacant land, zoned Rural Agricultural South: Orange Blossom Drive, then single-family homes and duplexes of the Walden Oaks community, zoned Lone Oak PUD West: St. Katherine Greek Orthodox Church and vacant commercial land, zoned Rural Agricultural and Longview Center PUD, respectively. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated ... area (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the countywide Future Land Use Map of the Growth Management Plan. 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. Within this designation, and in accordance with the Density Rating System of the Future Land Use Element (FLUE), a base density of four units per acre is allowed, As previously noted, the Orange Blossom Gardens PUD was approved on October 19, 1992 by Ordinance No. 92-75. This approval was the result of a rezone that was initiated by the County in accordance with the Zoning Re-evaluation Ordinance. The maximum gross density of 3:42 units per acre (or 40 units) was approved at that time of the PUD' s approval even though such density was not consistent with the three units per acre limitation of the Density Rating Sy~tem for properties within the Traffic Congestion Area (a one dwelling unit per acre density reduction from the allowed four units per acre of the Urban designated area is normally required), However, because the increased density was deemed necessary to allow a development compatible with the surrounding properties, the 3.42 units per acre density was approved. Approved (existing) PUD density: 40 DU + 11.68 acres = 3.42 units/acre Proposed PUD amendment density: 20 DU + 5,85 acres = 3.42 units/acre - Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 3 "'~--'--"--' _m....,,~_,_... "'._ _,.' --..-....._---- Agenda Item No. 8e December 1, 2009 Page 14 of 77 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 amendment consistent with the FLUE of the OMP. Transportation Element: Transportation Phnning staff has reviewecl this project and has noted that the removal of 20 dwelling units from the PUD would, obviously, 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: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13,B.5, Planning Commission Recommendation (commonly referred to' as the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (commonly referred to as "Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following: Environmental Review: According to aerial photography, the property was cleared in 1973; no native vegetation has grown back since that time. Environmental Services staff has determined that there are no environmental issues associated with this application as all environnlental concerns were addressed at the time of the original rezone. Tl'ansportation Review: Since the proposed petition would not result in additional site-generated trips, the Transportation Planning Staff recommends approval of the PUDA, Utilities Review: According to the current 2008 Water and Wastewater Master Plan Updates, the project location is within the Collier County Water and Sewer District Service Area. There is an existing 16-inch water main and 20-inch force main on Airport Pulling Road. At the time of site development plan approval (SDP), this project would be subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Public Utilities Division. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Nos. 2004-31 and 2007-60, as amended, and other applicable County rules and regulations, 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 5,85 acres from the subject PUD so that the land may be rezoned to the CPUD zoning district for an independent and assisted living retirement community. In order to do that, the applicant must demonstmte that the proposed deletion ofland Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 7009 4 Agenda Item No. 8e December 1 , 2009 Page 15 of 77 from the PUD would not result in the remaining land area's inability to meet its zoning requirements. Despite being less than the normally required ten acres for a PUD, the remaining 5.85 acres to the west of the subject property would still be able to be developed under the "inflll" provision of LDC 4.07,02.A.2, As previously noted, the owners of the property have undetermined plans for its uses ultimate configuration, Therefore, the proposed PUD document that would govern the property if the subject petition were approved has been structured to require the owners to amend the sunsetted PUD when they are ready to develop and, at that time, to provide more specific information relative to building envelopes, design standards and the location of access points, Nevertheless, the applicants have addressed the PUD's reduction in acreage and decreased the corresponding number of permitted dwelling units accordingly, from 40 units per acre to 20 units, They have also revised the PUD's legal boundaries and ownership information, as necessary. LDC Subsection 1O.02.13,B.5 states that, "In support of its recommendation. the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria I': 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land. surrounding areas, trcifjic and access. drainage. sewer, water, and other utilities. The 5,85 acres to be removed from the Orange Blossom Gardens PUD presently allow for multi-family uses and, if the subject PUDA were approved, would be incorporated into a new CPUD to the east 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, the residential uses of the PUD would be compatible with the adjacent uses. Access to the Orange Blossom Gardens PUD would uot be affected by the subject proposal since, at the time of site development plan (SDP), it would be made available to Orange Blossom Drive. Mitigation for traffic impacts would also have to be addressed and the developer would have to pay the POO's fair share of roadway improvements on the surrounding network, based upon site-generated trips. Sewer, water and other utility sel"Vices are already in close proximity to the site. Therefore, the property is suitable to support the multifamily uses for which it was originally approved, 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, As determined by the County Attorney's Office, the subject property is under unified control. Although the owner's of the western 8.58 acres of the subject PUD, St. Katherine's Greek Orthodox Church, was asked but decided not to participate in this PUDA, the owner of the 8.S8-acre subject parcel, Old Barn, Inc. has been found to be legally authorized to act without the church's consent based upon an agreement they eutered with the church. .. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 5 -- ~-",~~"~.. _____m.~_..___~_,_~_.._ - ------- Agenda Item No. 8e December 1, 2009 Page 16 of 77 ], 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, andfully 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 I,and Use Map, which permits the group housing proposed for the site. The proposed rezouing can also be found consistent with Policy 5.4 of the FLUE, which requires that future development be compatible with the surrounding laud uses, since the subject property is surrounded by complementary multi-family residential land uses. 4, The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, The subject property, once removed from the Orange Blossom Gardens PUD and incorporated into the Siena Lakes CPUD to the east, would be compatible both internally and externally with the proposed development. As previously noted, the owners of the remaining 5.85 acres of the Orange Blossom Gardens PUD would be required to amend the subject PUD before they could develop it, at which time provisions for internal and external compatibility would be required, 5, The adequacy of usable open ;pace areas in existence and as proposed to serve the development. The land area to be removed from the Orange Blossom Gardens PUD would not obviate the PUD from fnlfilling its obligation to provide 60 percent of open space as required of residential developments pursuant to LDC subsection 4,02,01.D1.B. 6. The timing or sequence of development for the purpose of assuring the adequacy o/available improvements andfacilities, both public and private. The subject PUD, at the time it was amended, would be required to provide adequate public and private improvements. 7. The ability of the subject property and of surrounding areas to .accommodate expansion. The removal of the subject property from the Orange Blossom Gardens PUD to incorporate it into the Siena Lakes CPUD is for the purpose of accommodating expansiou in a manner consistent with the FLUE. 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, Orange Blossom Gardens PUDA-2008-AR-J4092 July 27, 2009 6 Agenda Item No. Be December 1, 2009 Page 17 of 77 The request would not cause the Orange Blossom Gardens PUD 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 recommendations to the planning commission to the Board of County Commissioners.. , shall show that the planning commission has studied and considered proposed change in relation to the .following when applicable. " (Stafrs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed change would be consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP, If approved, the severed acreage would be incorporated into a CPUD 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 is conducive the proposed request, as multi-family uses abut the property to the south, east and north. ], The possible creation of an isolated district unrelated to adjacent and nearby districts. The remaining PUD boundaries would not create an isolated zoning district unrelated to adjacent or nearby properties due to its consistency with the FLUE of the GMP. If the subject PUDA were approved, the severed land would be included in a PUD with other residential uses, 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change, Tbe 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 of the Siena Lakes CPUD 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 property fmm the Orange Blossom Gardens PUD and incorporating it into the proposed CPUD would be a suitable way to rectify this circumstance and would also 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 change would not adversely influence living conditions in the neighborhood, based on the proposed Siena Lakes retirement community that the subject Orange Blossom Gardens PIJDA-2008-AR,14092 July 27, 2009 7 _...,_.____ _...'m_____'" _ --'~.__."'"--.-- ,",,~__.._._.m Agenda Item No. 8e December 1 , 2009 Page 18 of 77 property will become a part of and the development standards accompanying it (contained in the CPUD documents of the companion Siena Lakes rezoning application), 7, Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise ajp'ct public safety. As previously noted, the removal of 20 dwelling units from the Orange Blossom Gardens 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 CPUD, into which the subject property will be incorporated, would be required to make improvements to the intersection of Orange Blossom Drive and Airport Road in concert with other property owners, and Certificates of Occupancy would not be approved until these improvements are made. Therefore, the proposed change would not create or excessively increase traffic congestion incompatible with surrounding land uses. 8 rVhether the proposed change will create a drainage problem, The Orange Blossom Gardens PUD drainage issues were addressed at the time of tbe original rezone. The proposed Siena Lakes CPUD 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 adverse(y affect property values in the adjacent area. Staff is of thc opinion that the proposed change would not adversely impact property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvemem or development of adjacent property in accordance with existing regulations, The PUDA would not be a deterrent to the development to the improvement or development of adjacent property. In fact, if approved, the PUDA would enable the development of the adjacent property with a retirement community, 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change to the existing PUD would not result in a grant of special privilege. The pnblic interest would be maintained as the proposed CPUD is consistent with the FLUE and GMP. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 8 Agenda Item No. 8e December 1, 2009 Page 19 of 77 A,. J 3. Whether there are substantial reasons why the property cannot be used in accordance with ,. . eXlstmg zonmg. 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 CPUD whose boundaries are presently predominantly comprised of properties thaf could not be lIsed in accordan('e 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. J 5. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use, It would not be impossible to find other sites in the county in districts already permitting the proposed use on the subject property. However, the proposed change is only to reduce the size of the existing PUD. J 6. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ..<~ The subject property has been previously altered and is suitable for development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. J 06, 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. J 8. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare, All issues have been addressed. However, as stated in their application, the applicants would be willing to 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 Orange Blossom Gardens PUDA-2008-AR,]4092 July 27, 2009 9 --.-.--, "''' .,-,~,.,- -_.,'".,,-".--',- Agenda Ilem No. 8e December 1, 2009 Page 20 of 77 Italian-American Club. Eighty three people from the public attended, as well as the applicant, Mr. Steve Nornes of Life Care Services, and his agents, Mr. Richard Y ovanovich, Esq., of Goodlette, Colcman, 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 A.gr;culturat mnine district, to th~ ('PUD zoning district for a continuing care retirement community. He also explained the requested companion amendments to delete approximately 6.13 acres frem the Oak Grove PUD and approximately 5.85 acres from the Orange Blossom Gardens PUD. There was no opposition to the requested Orange Blossom Gardens PUD Amendment. The meeting concluded at approximately 7:30 PM, As of the writing of this report, staff has received no letters of objection from the community regarding this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on July 23, 2009. RECOMMENDATION: Staff recommends that the Collier COWlty Planning Commission (CCPC) forward Petition PUDA- 2008-AR-14092 to the Board of County Commissioners (BCC) with a recommendation of approval. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 10 Agenda Item No. 8e December 1, 2009 Page 21 of 77 PREPARED BY: JOI-IN AVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ZYld ATE REVIEWED BY: ;' TlA,Q"f V. BELLOWS, ZONING MANAGER DATE ENT OF ZONING AND LAND DEVELOPMENT REVIEW RAYMO DEPART lrn,} . ,- 2-3 -09 SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: S H K, SCHMITT, ADMINISTRATOR ITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 15, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: , 1) ~ ~ b-o f DATE ....:L- MARK.\>. STRAIN, CHAIRMAN ! - Orange Blossom Gardens PUDA-2008-AR-14092 11 --"' -".."_._-~'"-" """'-"'--. ,. "~"-~""-"""-"'--'--'-~-'- Agenda Item No. Be December 1, 2009 Page 22 of 77 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252- APPLICATION FOR PUBLIC HEARING FOR: ~ AMENDMENT TO PUD (PUDA) D PUD REZONE (PIJDZ) REZONE (PUDZ-A) D PUD TO PUD PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To he c()mpleted hy staff APPLICANT INFORMATION NAME OF APPLICANT(S) LCS DEVELOPMENT, LLC ADDRESS 400 LOCUST STREET, SUITE 820 CITY DES MOINES STATE IA ZIP 50309 TELEPHONE # (51 5) 875-4518 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM NAME OF AGENT ROBERT L. DUANE, AlCP-HOLE MONTES, INC. (& RICHARD D. YOVANOVlCH, ESQUIRE) Application For Public Hearing For PUD Rezolle 01/] 8i07, rev 2,'12.'(111.. rev 7"1 ]'08 Agenda Item No. 8e ADDRESS 950 ENCORE WAY & 4001 TAMIAMI TRAIL NORTH, SUITE 30 CITY Nl!l.ftlImber 1, 2009 Page 23 of 77 STATE FL ZIP TELEPHONE # 239-254-2000 CELL # FAX # 239-254-2099 E-MAIL ADDRESS:BOBDUANE@HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS I i ,"0." 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 !!!1P:/Iwww.collierQov.netllndex.asPx?!;!;!ge=774 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE OF NAPLES RESIDENTS ASSOCIATION MAILING ADDRESS 2506 SAILORS WAY CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE SOCIAL CLUB & LAKESIDE OF NAPLES RESIDENTS MAILING ADDRESS 710 SAILORS WAY & 2506 SAILORS WAY CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: WALDEN OAKS HOMEOWNERS ASSOCIATION MAILING ADDRESS 7098 LONE OAK BLVD CITY NAPLES STATE FL ZIP 34109 - Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12/08, rev 7!l 1/08 - -'---""""'~"'"'-~"" "~'...,.,._"-,,-~.~.._' - Agenda Item No. 8e NAME OF HOMEOWNER ASSOCIATION: BRIDGEWATER BAY PROPERlY OWNER'S &/<MA6Ir<iRl, 2009 ASSOC. Page 24 of 77 MAILING ADDRESS 3278 TWILIGHT LANE & 3051 HORIZON LANE CllY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: OAK GROVE PROPERlY OWNERS ASSOCIATION MAILING ADDRESS 3219 SUN DANCE CIRCLE CllY NAPLES STATE FL ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership NfA 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 St. Katherine's Greek Orthodox Church, Inc. 100% Application For Public llcaring For I'UD Rezone ()111~/O7, rev 2/J2/0S, rev 7ill/0S . C December 1, 20 9 Page 25 of 7 7100 Airport Road, Naples, FL 34109 AND Old Barn, Inc., (Mark Bates-President) 100% Eunhee Bates Living Trust (Eunhee Bates) 100% 1613 Chinaberry Way Naples, Florida 34105 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 N/A - Application For Public Hearing For PUD Rezone 01118107, rev 2/12/08, rev 7/11/08 -- ',-,-,,," .....'''~"d_ ~~..._- --.-.. -------~ Agenda Item No. 8e e. If there is a CONTRACT FOR PURCHASE, with an individual or4nd'i~alslo09 Page 26 0 77 a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners, Name and Address Percentage of Ownership LCS-Westminster Naples, LLC 10096 400 Locust Street, Ste. 820 Des Moines, IA S0309 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 [2J 4/13/04 leased D Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: 7/l 0/08 Date option terminates: , or Application For Public Hearing For PUO Rezone 01/IR/07, rev 2/12/()X, rev 7/1 I/Of\ Agenda Item No. 8e Anticipated closing date 6 mos. after date of final zol"ffi'tg;mber 1, 2009 Page 27 of 77 approval of site -. 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 bE:half, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the p.!QPertv 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 / 2SE Lot: Block: Subdivision: Plat Book 3542 Page #: 4122,4120 Property I.D. #: 00235480000 Metes & Bounds Description: Sizeofl1!:QJlertv: +/- 330 ft. X +/- 78 ft. = Total Sq. Ft. 254,826 Acres5.85 Address/general location of subject l!!QPertv: North side of Orange Blossom Dr., east of Airport Road PUD District (LDC 2.03.06): ~ Residential D Community Facilities D Commercial D Industrial ADJACENT ZONING AND LAND USE - Application For Public Hearing For pun Rezone OlilS/07, rev 2/12/08, rev 7/J l/OX --.-..--,----.-' '_~a '"-.--'-.' .---".-- ""-~._- --- Zoning Land use Agenda Item No. 8e December 1, 2009 Page 28 of 77 N PUD Residential/developed-Lakeside of Naples at Citrus Gardens SPUD Single family Residential/developed-Lone Oak EA Vacant W A-PU-CU-I'UD Greek -, . Lnurcn, commercial vacant- Longview Ctr. Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range 01 / 49S / 25E Lot: Block: Subdivision: Plat Book 1577 Page#: 1055 Property I.D. #: 00235760005 (church) Metes & Bounds Description: 1 4925 Nl/2 OF NW1/4 OF NW1/4 OF SW1/4, LESS 100FT R/W5.16ACOR 1577PG 1055 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: VACANT Proposed Use (or range of uses) of the property: Future multi-family or other uses to be determined Original PUD Name: Orange Blossom Gardens PUD Ordinance No.: 92-75 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 Application For Public !-learing For PUD Rezone OlnK/U7, rev 2'12''{J8, rev 7/] 1/08 Agenda Item No. 8e recommendation to the Board of County Commissioners shall be based upon dOirJ:&jllillt"ll~icQi)09 f h I. bl .. d b I P 'd . d 'b' hPaqe 29 of 77 o t e app Ica e crltena note e ow. rovl e a narrative statement escn '"g t e 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 10.02.1 3.B) 1 . The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. See Attached for Responses 1-8 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. 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.) 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Application For Public Hearing For PUD Rezone 01/18/07, fev 2/]2/08, rev 7/11108 ,._--_.__._"'~...,..._,-~..~_....-.~ .. __m.__ 7. The ability of the subject property and of surrounding areas expansion. Agenda Item No. 8e to a~d!afl!l09 Page 30 of 77 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions, You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes [8.J 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 [8.J 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 For Public llearing ror PlJl) I{ezone Ol/J8i07, rev 2/12/08, rev 7'] ]/(18 ~- Agenda Item No. application will be considered "closed" when the petitioner wit~fal\Ml3r tJil!l Page 31 of application through written notic.. or rp::><p< to <Imply necessary information to continue processinq or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "ciosed" will not receive further processing and an application "closed" through inaciivity 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", Furth~r review of the project will be su'Jjcct to the then current code. (LDC Section lO.03.0S.Q.) Application For Public l-learing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11108 .._-_.,,~---~ -_.~"--"'.'- "-'.-"-"~' ... STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. 8e December 1, 2009 Page 32 of 77 ArPLlCANT INFORMATION NAME OF APPLlCANT(S) LCS DEVELOPMENT, LLC ADDRESS 400 LOCUST ::i'IREEI, ::>tJiTt 820 CITY Di:S MOINtS STATE IA ZIP 50309 TELEPHONE # (515) 875-4518 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2507 ORANGE BLOSSOM DRIVE LEGAL DESCRIPTION Section/Township/Range 01 / 49S / 25E Lot: Block: Subdivision: Plat Book 3542 Page #: 4122,4120 Property I.D. #: 00235480000 Metes & Bounds Description: See attached legal 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 ~ D D D 1YPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b, CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM ~ D D Application For Public llcaring For PLD Remne 0], ] ki(l7, rev 2 '12/08, rev 7/] }i08 PROVIDE NAME d. PRIVATE SYSTEM (WELL) [] Agenda Item No. 8e December 1, 2009 Page 33 of 77 S1"ATEMENT OF UllUTY PROVISIONS - page 2 TOTAL POPULATION TO BE SERVED: 20 m.f. units X 300 GPO = 6000 GPO PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 9240 AVERAGE DAILY 6000 GPO B. SEWER-PEAK 7200 AVERAGE DAILY 6000 GPO -'" IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. Application For Public Hearing For PUD Rezone () Ii] 8/07, rev 2/12/08, rev 7/11/08 ,.. ..._--_...~.,-,~,,,.. --- .._-- _...._-"~_.__....__.~- _ __'"__.~.__m",_______.__.,__P..._.. _ ._... .._ .. Agenda Item No. 8e This statement shall also include an agreement that the applic~~~reFfil09 Page 34 of 77 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 AVAlLA3IUTY CAPACITY FROM OTHER PROVIDERS, Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Public I Jearing For PUD Rezone () I i 18/07, rev 2,' 12/0R, rev 7ill'OR . December 1, 20 9 Page 35 of 7 AFFIDAVIT Well, 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 Yovanovich, Esquire to act as ourlmy representative in any matters regarding this Petition. ,,-. ----------------------------- Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _______ day of ____________, 200____, by _________________________who is personally known to me or has produced ________________________as identification. -. Application For Public Hearing For PUD Rezone OJ/] 8/07, rev 2/12,/08, rev 7/11/08 - ""'-<--"~---'- "- '-',', ._._..--.~-_...~...~ Agenda Item No. 8e December 1, 2009 Page 36 of 77 ---------------------------------- State of Florida County of Collier (Signature of Notary Public - State of IOlcr;do\ . I ''-'') ---------------------------------- (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PllD Rezone 0)..']8/07, rev 2.'12/0X, rev 7.] 1/08 COVENANT OF UNIFIED CONTROL Ab;c';;'~~e~ 1~~0~~ Page 37 of 77 The undersigned do hereby swear or affim1 that v.'e arc the fee simi11e titlchc.!ders and owners of record of property commonly known as property located north of Orange Blossom Drive, east of Airport Road and west of Livingston Road 2507 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 and Richard Y ovanovich, Esquire, legal representative thereof, as the legal renresentatives of the propertY and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. --- The undersigned recognize the fo llowing and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezonmg. . 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 jf the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner Printed Name Printed Name STATE OF FLORlDA) 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 2112/08, rev 7111/08 ...- ,---,--~~.. ! TRAFFIC IMPACT STATEMENT (TIS) Agenda Item No. 8e December 1, 2009 F-oIgc 3D u17 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 j'equ;(t:d for rezone requests for property 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, MAJOR TIS: Required for all other rezone requests, A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 1 ~. Trip Assignment: Within Radius of Development Influence (RDI) 3, Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or . ecal lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. Application For Public Hearing For run Rezone 01 /18/(J7, rev 2/12/08, rev 7/11 lOR 7. Agenda Item No. 8e For Rezones Only: State how this request is consistent with the:>~'!)lmabfl!J09 Page 39 of 77 policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: ... 1. Intersection Analysis 2. Background Traffic 3. 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 Assiqnment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. - Application For Public Hearing For PUD Rezone 01/18/07, rev 2'12/08, rev 7/J JlOS ,____ ',^"__"_'C"_"'__~_' __'~_'.____"_"'_ __., _....._ --,-----_.~."'<^-.......- , -,-~..,..._---...._-,- ..'.-..'.-.----- Agenda Item No. 8e 4. Level of Service (LOS): The LOS of a roadway shall be expressed in t~~mSltm' t~09 Page 40 of 77 applicable Collier County Generalized Daily Service Volumes as set forth In the TCE of the GMP. s. Radius of Development Influence (ROt): 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 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Fe 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 Puhlic Hearing For PUD Re7.0ne 01. 1 x/07, rev 2....12/0R, fev 7,ill 109 8. Agenda Item No. Be December 1, 2009 Page 41 of 77 Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 4 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 0[/18/07, rev 2i12/08, rev 7/1 1/08 -',_,'''-, ._--"." Agenda Item No. 8e 9 Page 42 of 7 PUD REZONE APPLICATION SUBMIl I AL REQUIREMENTS GENE~UNSHlJCJ]ONS 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 ror Public Hearing For rUD Rezone 01/18/07, rev 2,']2i08, rev 7: I li08 Legal Advertising Fees ~ BCC = $363 ~ CCPC = $760 Fire Code Review = $150 EIS Kevlew = $2,500 Agenda Item No. 8e December 1, 2009 Page 43 of 77 Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the or-:g!r.a! 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 7ill/08 -- ------~""--, _.._._-_._~--------,- In compliance with Section 10.02..1 3.A.1 Agenda Item No. 8e of the Land Development CodERecember 1, 2009 Page 44 of 77 OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED l. copy of the !ast recordd deed, co~trJ.ct for sale or agreement for sale, or a .. notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (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 10.03.0S.E. Please see attachment for requirements. Application For Public Hearing For PUD Rezone 0!.'18/07, rev 2'l2.'OS, rev]'] li08 -- Agenda Item No. 8e December 1 , 2009 Page 45 of 77 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 !n accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Requested after petition has been advertised = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Application For Public Hearing For PUD Rezone 01118/07, rc\ 2/]2/08, rev 7/] 1/08 --'-'~--"'.-. ,- "."""---..' Agenda Item No. 8e December 1, 2009 Page 46 of 77 NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.0S.E Applicant must conduct at least one Neighborhl1od Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notiLe of the meeting shall be sent tv all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05,B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting, The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property, The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. Application For Public Hearing For I'UD Rezone 01 L8/07. rev 2/12/08, rev 7/11/08 Agenda Item No. 8e As a result of mandated meetings with the public, any commitments made by fue;~iCla~tl09 shall be reduced to writing and made a part of the record of the proceedings pr6SWfe'lf fJ 77 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 tomply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. ~.." - Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7!l 1/08 - .. .-...._-,-~._"-~.__._- -- ".'._--~.,.~,-." ""_..''''--~ PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST December 1, 20 Page 48 of 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 NOl REQUIREMENTS COPIES REQUIRED REQUIREC STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) l21r Co ies of detailed descri tion of why amendment is necessarv 24 U Completed Application with list of Permitted Uses; Development 24 ~ 0 Standards Table: List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download a llcatlon from webslte for current forml Pre~application meetinq notes 24 ~ 0 PUD Conceptual Master Site Plan 24" x 36" and One 8 y," x 11" copy 24 ~ 0 Revised Conceptual Master Site Plan 24" x 36"and One 8 y," x 11" 24 ~ 0 c~ ~ 0 Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 AMENDING THE PUD 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 10,02.13A2 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 ofthe followln : Deeds/Leaal's & Survev (if boundarv of ori inal PUD is amended) 2 ~ 0 List identifyina Owner & all parties of cor aration 2 ~ 0 Owner/Affidavit sianed & notarized 2 ~ 0 Covenant of Unified Control 2 ~ 0 Com leted Addressin checklist 2 ~ 0 4 Co les of the followln : Environmental Impact Statement (EIS) and digital/electronic copy of EIS 0 ~ or exem tion iustification 4 Historical Surveyor waiver request 4 0 ~ Application For Public Hearing For PUD ReLone OJ/IX/07, rev 2i12'08, rev 7/1 1.-'08 Utilit Provisions Statement w /sketches I Architectural rendering of p...!:2Posed structures _ , 5urve ,si ned & sealed Traffic Impact Statement (TIS) or waiver (with a licable fees) , Recent Aerial Photograph (with habitat areas defined) min scaled J 1"=400' I f:lectronic copy of all documents in Word format and plans (CDRom or Diskette) rOD of Offiri~llnter retation ~nrl/or Zonino Verifir~tion If located in RFMU (Rural Frinqe Mixed Use) Receiving 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 OI/l8/07, rev 2/12/08, rev 7/1 li08 .~~_. .._-' , ~~"~~_......-.'- ,'" 4 4 4 7 5 D D D ~ 1 ~ 1 D ~ ~ D D ~ , _..-."---~.... Agenda Item No. 8e December 1, 2009 Page 50 of 77 EXHIBIT A PERMITTED USES: No building or structure, or part thereof. shall he I"'rected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined hy the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal llses and structures, including, but not limited to: CONDITIONAL USES (OPtionall 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 pun Rcwnc 01/18:'07, rev Zil2iOfl, rev 7.'] li08 Agenda Item No. Be December 1, 2009 Page 51 of 77 _"'...-0- .... t..A.Mloll 0 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS _. Application For Public Hearing For PUD Rezone 0 ],'18/07, rev 2/12/08, rev 7/1 ]/08 --.- -_.-- .,----.._,_._~_.,,- Agenda Item No. 8e December 1, 2009 DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY , ATTACHED & TOWNHOUSE TWO-FAMILY, PATIO & ZERO LOT LINE MUL TI- FAMILY CLUBHOUSE/ RECREATION BUILDINGS PRINCIPAL STRUCTURES r-H -- - - MINIMUM LOT ARFA SF PER. <; I' PI'R. <;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,fD.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 BETWEEN FEET FEET FEET FEET 0 r N/A STRUCTURES BH, whichever is qreater MAX. BUILDING HEIGHT FEET FEET FEET FEET FEET NOT TO EXCEED ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT SPS SPS SPS FEET NOT TO EXCEED FEET Application For Public Hearing For PUD Rezone 01,'18:07, rev 1,'12/08, rev 7,'11/08 S,p.s. ~ Same as Principal Structures rm ~ Buildine Heieht F ootootes as needed Agenda Item No. 8e December 1, 2009 Page 53 of 77 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 Ovuudddes siiali Hot be utilized fut detcnJiiil.jng Jevc10pmcfit ."tandards. 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 he submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT ..'- PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq. Ft. N/A MINIMUM LOT WIDTH Fl. N/A MINIMUM YARDS (External) From lmmokalee Road Canal ROW fl. SPS From Future Extension of Collier Blvd. Fl. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS (Internal) Internal Drives/ROW Ft. Ft. Rear Ft. Ft. Side ft. Ft. . MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building heights. MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. _. Application For Public Hearing For PUD Rezone 01il8i07, rev 2/12/08, rev 7/11108 .....~. .. -_.~... _.--,...._~---_._,.., I -t- I I 1. whichever is greater ** per principal structure, on the finish{~n first -floor. * EXHIBIT C MASTER PLAN Application For Public Hearing For pun Rezone 01'18/07, rev 2,' 1 2..-'OS, rev 7/11 '08 Agenda Item No. Be December 1, 2009 7 Sq. Ft. ** N/A Sq. Fe N/A F)(H!fHT f) . Agenda Item No. 8e December 1, 2009 Page 55 of 77 LrG ^ L i""''''''('"'r'''' .0'\",-1"'" ,- ~ ".,.......t..~. '\JI" ..... I' ...... ,_..... ',-"", ., ~ ,--- (If legal description is too lana, add as an attachment) _.. Application For Public Hearing For PUD Rezone OJ/IX/07, rev 2/12/08, rev 7/11/08 -,....,.._--_..,..~., '~-' ,. ,-~.~- '-----'-"_.,,~-- EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Agenda Item No. 8e December 1, 2009 Page 56 of 77 Application For Public Heanng For Pl JD Rezone 01/18/07, rev 2/12/08, rev 7il ] i()8 F'lIHIRIT F ,. . - . Agenda Item No. 8e December 1, 2009 Page 57 of 77 LIST OF DEV:=,-CPER COMiTMENTS - - Application For Public Hearing For pun Rezone 01118/07, rev 2/12/08, rev 7/l1!O8 "---'" ,.-.,-.- -"'"--~-"....- J Agenda Item No. 8e December 1, 2009 Page 5.8 of 77 '~2F Sunday, August 30, 2009 maity News W' .0110 ORDINANCES AND PETI110ffS 0110 ORDIIWICES AND PEtITIONS . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby gIven that on Tuesday, September 15, ,2009J in the Boardroom. 3rd Floor,; Admlnistra" tion BUilding, Collier County Government, Center, 3301 East Tamlaml Trail, Napies, Florida, the Boaro of County Commissioners will consider the enact- 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. 92,75, THE OR, ANGE BLOSSOM GARDENS PLANNED UNIT DEVELOp. . MENT (PUDJ: PROVIDING FOR AMENDMENT TO' EX, HIBIT A, THE PUD DOCUMENT, TO REMOVE 5.85 ACRES FROM THE PUD: PROVIDING FOR FUTURE PUD AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. . PETITION: PUDA,2008-AR-14092, LCS'Westmlnster Naples, LLC, represented by Robert Duane, AICP, of Hole MOntes, Inc, and Richard D. Yovanovlch, Esq'l of Goodlette, Coleman, Johnsont YOvanOvlch ana Koester, Is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92,75) to de, lete approximately 5.85 acres. The sublect property is located In Section 1, Township 49 $Q.uth, Range. 25 East,CollierCounty, Florida (Companion item to PUDZ,2008.AR-I4091 ano PUDA,2008,AR.t4090) '. . A copy of the proposed Ortlln~nce Is~n file with. the Cierk 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 selectlor't of an Individual to speak on behalf of an organization or group .Is' encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be: allotted 10 minutes 'to speak on an item. ' . Persons wishing to have written or graphIC 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 staft a minimum of seven days prior to the public hear- J ng. All material used In presentations before the Board wiU become a permanent part' of the record. Any person who decides to a'fpeal a decision of the Board will need a record 0 the proceedings per- taining thereto and therefore, may need- to ensure that a verbatim record of the proceedings is made, which record includes the testimQny and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to partlclpate In this pro~ ceeding, you are entitled, at no cost to you, to Jh~ brovision of certain assistance. Please contacf the Collier County Fa.:::lIlties Management De~artment._ iocated at 3301 Tamlami Trail East, Building W, Naples, Florida 34112, (239)2S2,83BO. Asslstee:! lis- tening devices for the hearing" Impaired are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLlERCOUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) . . -Au , ''-', Agenda Item No. 8e December 1, 2009 Page 59 of 77 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 5.85 ACRES FROM THE pu~; PROVIDING FOR FUTURE PUD AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on October 19, ] 992, the Board of County Commissioners approved Ordinance Number 92-75, which established the Orange Blossom Gardens Planned Unit D~veloprnent (PUO) zoning classification; and WHEREAS, the Orange Blossom Gardens PUD has sunsetted in accordance with Section 10.02, 13,D, of the LOC; and WHEREAS, LCS-Westminster Naples LLC, represented by Robert L. Duane of Hole Montes, Inc" and Richard O. Yovanovich, Esquirc of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the Orange Blossom Gardens PUO to remove approximately 5.85 acres from the PUD and has authority to make such request by agreement with owner; and WHEREAS, the owner, St. Katherinc's Greek Orthodox Church has not participated in this PUO amendment. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO EXHIBIT A, THE pu~ DOCUMENT, OF ORDINANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS PUD - Exhibit A, the PUD document, to Ordinance Number 92-75 is hereby amended and superseded by Exhibit A attached hereto. Words strucl<-through are deteted: words underlined are added. Page I of2 " ,.,""._--_.~_.< ....---< - -,.- -,.,".~_.., .. .'"~..-._-~"" , Agenda Item No. 8C December 1, 2009 Page 60 of 77 , , SECTION ll: FUTURE PUD AMENDMENT In accordance with Section 10.02,13.D of the LDC, a PUD Amendment to this PUD Ordinance or a rezone shall be required prior to any development of this PUD. SECTION III: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. I ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman , Deputy Clerk Approved as to fOlm and legal sufficiency: d (F-5'/Oe, l""' '1J , \ \' Heidi Ashton-Cicko Assistant County Attorney CP\09,CPS-00920\27-HFAC Illt2/09 \Vords ~eitgh are deleted: words underlined are added. Page 2 of2 , Agenda Item No. 8e December 1, 2009 Page 61 of 77 - ORANGE BLOSSOM GARDENS A Planned Unit Development PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. ,,"-- REVISED OCTOBER 19,1992 BY THE COLLIER COUNlY LONG RANGE PLANNING DEPARTMENT REVISED MAY 2009 BY ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 3411 0 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No, Amendments & Repeals - EXHIBIT "A" ^-.--- -, .~~,,- _ v,...."'_____,~_._ _ ~ ,-_. . , .--- SECTION I 1.1 1.2 1.3 1.4 1.5 1.6 SECTION II Agenda Item No. 8e December 1, 2009 Page 62 of 77 I Tl\BLE OF' CONTENTS PAGE PROPERTY OVfflERSHIP, DESC~7~T,ON AND STATEMENT OF COMPLI,~CE 1-1 Purpose Legal Description Property Ownership General Description of the Property Area Physical Description Statement of Compliance PROJECT DEVELOPMENT 2-1 2.1 Purpose 2.2 General 2.3 Project Plan and Land TIse Tra~ts 2.4 Maximum Project Density 2.5 Site Development Plan Approval Process 2.6 Future PUD Amendment SECTION III MULTI FAMILY RESIDENTIAL DEVELOPMENT 3-1 3.1 Purpose 3.2 Maximum Dwelling Units 3,3 Permitted Uses 3.4 Regulations 3.4.1 Minimum Lot Area 3.4.2 Minimum Lot Width 3_4_3 Minimum Yards 3.4.4 Minimum Floor Area 3.4.5 Maximum Height 3.5 Off Street Parking SECTION IV 4.1 4 ' 2 4.3 4,4 4 . 5 4.6 4.7 4.8 4,9 4.10 4.11 4.12 . 4.13 DEVELOPMENT STANDARDS 4-1 Purpose General P.U.D. Master Development Plan Clearing, Grading, Earthwork & Site Drainage Street Construction Easements for underground Utillties Utility Department Stipulations Water Supply Solid Waste DisposaJ. Other Utilities Signs Landscaping Water Management 4,14 4.15 4_16 4,18 Exhi.bit "A" Exhibit "B" Exhibit "e" - Agenda Item No. 8e December 1, 2009 Page 63 of 77 polling Places Platting Environmental Stip1..1,lati Oll_S Traffic LIST OF EXH1BITS (Figure 1) - PUD Master Plan (Figure 2) - PUD Master Drainage Plan - Legal Description -,_.," - - --',-~ . ... .--..,,- - Agenda Item No. 8e December 1, 2009 Page 64 of 77 SEC'l'I{_)!>~ r PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF CO~PLIANCE 1 . 1 PURPOSE The purpose of this Section is to set forth the location and ownership, and to describe the existing condition of the property proposed to be developed under the project name oE Orange Blossom Gardens, 1.2 LEGAL DESCRIPTION 'Fhc 8\<; oE thc NE\( af thc Hl-/ " of the SW\( cmcl--Hle W\<; oE the HE\( of tl>e NWl( of the 51,\( of Being a par:t of Section l, Township 49 South, Range 25 East, Collier County, Florida, and, more particularly, described in Exhibit "B". 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership oE Lone O~k ~ St. Katherine's Greek Orthodox Church, Inc. 1.4 GENERAL DESCRIPTION OF THE PROPERTY AREA A. The project site contains 11.7 5.85 acres (.1. It is located on the north side of Orange Blossom Drive approximately 671' east of Airport Road. Orange Blossom Drive intersects Airport Road approximately I\<; miles north of pine Ridge Road. B. Current zoning is PUD, The parcel is bounded on the south By Orange Blossom Drive then land zoned PUD, Planned Unit Development (Lone Oak), on the east by private property zoned A, Rural Agricultural, and o~.the northwest by private property zoned A CU, Rural Agricultural, on the southwest by land zone<.!..PUD (Longview Center), and on the north by land zoned PUD ("Lakesid"DE...Il~ples at Citrus Gardens). The property is within the Collier County Water and Sewer District and Collier County Water Management District #7. 1.5 PHYSICAL DESCRIPTION The subject property has been farmed. About 4B 60% of the ~. 5.85 acres has been used as a borrow pit _ \":!:1ich now CO~v~cr::J a13-prOJ::im~t;cly 4~~ ncrcs of tfie aite ~nd cJ{tcnds--.&fE the propcoccy to the ',Icot. Le"" tohem 30 feet CQ..'Jt of the 8.:l:Jt -pL'opcr~y liRe .-:1 borrow p~t rune .:Liang 90% (I) of thc property linc. 1'hc l.::mcl-Eli:::ectly noF4'.h of the 01 t~ het" bcen used in the po.:Jt fer .J.griculturCll pUrp08CJ o.nd---as- .J..n CJ(c.J.~.r.J.tion ::::it-e +borrow pit) but 1-:::1 now dC'..rc~_opC'd \.'ith .:l .r~:Jidcntia2. projcc:: :.l.round--a h>J<e-,. Agenda Item No. BC December 1 , 2009 Page 65 of 77 5011 cypes found on T_--'--'ee f-ne sand --'-'llLlIUr..Cl..L ~ USDA sail survey of the site are: (approx. 40%). Collier County Arzell sand (approx. 60%), (Soil characteristics are dated March, 1954,) and from the 1.6 STATEMENT OF COMPLIANCE The OrFlnqe Blossom Gardens Plr;7lnned Unit Deve.lopment is consistent with the Collier County Growth Management Plan for the following reasons: .'_. A. The project site is designated Urban Residential on the Future Land Use Map and in the Future Land Use Element. The permitted uses in this PUD are permitted in the Urban Residential Area. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. Thc property ia locCltcd wilohin lohc TrClf-fic Con~ion ,"erca r~Du~ing in ~hc reduction o~ unit per ~crc (from 1 uni to/o.crc to 3 uni t:J/ ;:lcrc). }\n intcrconncceion \;i E-h ::ld-j o.ccn1= propcrtica ia not fCCloiblc. No o~her proviaiona of the Denaity RClt-Hig 'Jyotcm to ,,00 or oubt"ac': dcnsity Clre ~icClJ3.le. 1'herefore, a"Benaity of 3 unito per Clcrc conformo to thc Denoit)' Rating Syotem conEClincd in t-he Future Lcmd Uoe B-lcmcnt. --.!.f-h8 BO<1rd of County Commi;J;Jionc::-:J hns dctcrmincd-a e.cn:Jity of: 3.12 unit~/Llcrc (10 unit:]) 10 nccc:J:J.J.ry 30 0.8 to aHo'.; 3 dc~,,~clopmcnt comp.::ltil3-lc ....i-E--h 3urrounding--propertics. Therefore, the proposed gross density of 3,42 dwelling units per acre is consistent with the FLUE. B, The project is compatible with surrounding land uses in accordance with Policy 5.4 of the Future Land Use Element. Elevations within the project the average grade being 11.2. site failed to find bedrock. of 19 feet. site range from 10,5(+) to 11.5(+) with Three auger borings within the project The borings were discontinued at a depth vegetation consists of scattered second-growth pine trees, some small Wax Myrtle shrubs, grasses and Brazilian Pepper. The area appear~ to have been cleared for agricultural use. Four shallow swales run the length of the property north to south. . Water management for the project will utilize a swale through property to the northwest to convey lake overflow from storm runoff to the Airport Road Canal. A baffled weir will limit the discharge rate to an amount acceptable to the Collier County Water Management Department, - -'.--......--.-.,......- '-"-~-~~-" .q".- Agenda Item No. 8e December 1, 2009 Page 66 of 77 SECTION II PROJErT n~V~LOPMENT 2 .1 PURPOSE The purpose development of "''h':~ :cct:.:-::: , , - -,-. ,..:I;::, ~,---~': .,...,...., -- -'--_...._~.... .... ,~ -, ,_..i..,.. 3c.neral plan of for the project including land use and density. 2 . 2 GENERAL A. Regulations for development of Orange Blossom Gardens shall be in accordance with the contents of this document, and any applicable sections and/or parts of the Collier County Land Development Code. B. Unless otherwise noted, the definitions of all terms shall be the same as those set forth in the Land Development Code. 2 . 3 PROJECT PLAN AND LAND USE TRACTS A, 'Ffl.e pro] cct oi tc p.Lm, including ot:-oct lClyout anci---l::llld U::;C, io oho\Offi in Exhibit A, is the P.U,D. Master Plan. qlhcr:: wjJ-+--bc one-lo.nd U32 tr.:lct tH-u.:J nccc:Js.:lry :Jtrect righ-t::; of wo.y. The_M_aster Pl"cn will be amended at a ,t:uture date to provide m~re specific details on the devel~men! envelope, access a~d deY.E:lopment standards_ B. In addition to the various areas and specific items shown on Exhibit A, such easements (utility, private, semi- private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project residents. 2.4 MAXIMUM PRO,JECT DENSITY A maximum of 4-{} 20 residential dwelling units in a mUfti-family configuration shall be constructed in the project area. The gross project area is ~1.68 ~.85 acres. The gross density will be 3.42 units per acre. 2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Divisi~n 3.3 of the Land Development Code shall be followed for Site Development Plan approval. 2 . 6 FUTURE PUD AMENDMENT The ori9ina~___ Orange Blossom Gardens PUD ho.s sunset" The purpose of Agenda Item No. 8e December 1, 2009 Page 67 of 77 """. this PUD Amendment is to remove dl:PLlJx..i.ntdtely 5.85 acres from the or3-_ginaLPgD_ owned by another entity,. A PUD ,"mendment to this PUD Ordinance will be required prior to any development of this Pu~ including the possible amendment of the development standards in Section 3,4 and revisions to the PUD Master Plan in Exhibit "AN to address the future plans for development of this PUD. .-' .- '---'."-->. .""...~""""'--~,'..,.- ,--_.. Agenda Item No. 8e December 1, 2009 Page 68 of 77 S::"Cl'..iON 1-11. MULTI FAMILY RESIDENTIAL DEVELOPMENT 3 . 1 PURPOSE The purpose of this sectj0n lS to se~ f0rth rnp dpvelopment plans and regulations for the project. 3.2 MAXIMUM DWELLING UNITS A maximum of 44 20 dwelling units will be constructed on the site. 3 . 3 PERMITTED USES No building, structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses, 1. Multi-family residences B. Accessory Uses: 1. Accessory uses and structures, including storage facilities. 2. Recreational uses and facilities, such as swimming pools, and children's playground areas. Such uses shall be visuall y and architecturally compatible with adjacent residences_ 3.4 REGULATIONS 3.4.1 Minimum Lot Area: A. 1 acre 3.4.2 Minimum Lot Width, A, 200 feet 3,4.3 Minimum Yards A. Setback along north, south and west side ~35' B. Setback along east side _ 25' C. Setback from lake = 30" D. Distance between principal structures _ 20'. 3.4.4 Minimum Floor Area: Agenda Item No. Be December 1, 2009 Page 69 of 77 ,,"n A, 900 square feet J.4. S Maximum Height: A. Two floors of living area with option of having one (1) floor of parking beneath the living area. 3,5 OFF STREET PARKING Off-street parking shall be provided as required by Divioion 2.3 of the Land Development Code. ,"'-' - - +.~ ,,,. --", '__'W~"'" __. 0'_ '<'--'~'--~---' '-. Agenda Item No. 8e December 1, 2009 Page 70 of 77 . '"""'rION I'V ,-, J\.. . _ DEVELuPM~NT STANDARDS 4 . 1 PURPOSE Tbe ourDose of this R~~~~0~ ;~ r~ set fcr~~ ~~e standards for the - - development of this project. 4 . 2 GENERAL All facilities shall be constructed in strict accordance with the final development plan and all applicable state and local laws, codes and regulations. 4,3 P. U . D. MASTER DEVELOPMENT PLAN A. Exhibit "A" (Figure 1), the P.U.D. Master Plan, illustrates the proposed development~ However, this POD has sunsetted and a future PUD amendment is required which wi~1 incorporate future developme~.r:. standards and will ident~[y access :rom OY9nge Blossom Drive. B. Minor site alterations Lo the Master Plan my be permitted in accordance with &b>bGcction 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be aranted to insure the continued ~ operation and maintenance of all service utilities and project areas. 4.4 CLEARING, GRADING, EARTHWORK & SITE DRAINAGE All clearing, grading, earthwork & site drainage work shall be performed in accordance with applicable State and local codes. 4.~ STREET CONSTRUCTION The internal road will be 24' wide and 90' parking 18 feet deep, in accordance with zoning regulations. 4,6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, cable T.V., wastewater collection, water distribution, and similar uses shall be located and granted as requ.irerl for those purposes. 4.7 UTILITY DEPARTMENT STIPULATIONS Agenda Item No. 8e December 1, 2009 Page 71 of 77 A. Water distribution, sewage collection and transmission 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 of the County and will be billed by the County in accordance with the County's established rates. c. The on-site water distribution system to serve the Project must be connected to the District's 12 inch water main on the west side of Airport Pulling Road consistent with the main sizing requirements specified in the County's Water Master plan and extended throughout the project. During design of these facilities, dead and mains shall be eliminated by looping the internal pipeline network. D. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (l) main on-site pump station. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 4_8 WATER SUPPLY - See Utility Departments Stipulations, Section 4.7. -----. .._,,",~,.- - '-'~----'-"-' ,-- '--<----'- .Agenda Item No. 8e December 1, 2009 Page 72 of 77 4.9 SOLID WASTE DTSP.03,~T, Arrangements shall be rr.ade with the Ccllier County solid waste disposal franchise holder to provide for solid waste collection to serve the project. 4.10 OTHER UTILITIES Utility lines for Telephone, Power, and Cable T.V. service, when available, shall be installed underground. 4.11 SIGNS All signs shall be lD accordance with Divi~ion 2.: o~ the Land Development Code. 4.12 LANDSCAPING All landscaping shall be in accordance with ~ivi8ion 2.4 o~ the Land Development Code. The open space area identified on the PUD Master Plan shall be grassed and landscaping shall be provided around the perimeter. A landscaped buffer in acco~dance with Section 2.4.7, ^~tcrn~tivc n, of the Land Development Code shall be provided along the north and west property lines except where the Jake is located, and along the south property line except at the project entrance. 4.13 WATER MANAGEMENT A. Detailed site drainage plans shall be submitted to the Project Review Services Section for review. No construction permits shall be issued unless and until approval of construction i.n accordance with the submitted plans is granted by the Project Review Services Section. B. An Excavation Permit will be required in accordance with Divi:Jion 3.5 -e-f the Land Development Code in order to bring the existing lake into compliance with present-day standards, 4.14 POLLING PLACES Space shall be provided within common dL'eas for the purpose of permitting residents to vote during elections, if required by the Collier County Supervisor of Elections in accordance with Section 2.6.30 o~ the Land Development Code. 4. 15 PLATTING - Agenda Item No. 8e December 1 , 2009 Page 73 of 77 ,._n,_ Platting shall be required If units are to be sold fee simple or if the project is developed as an integrated phased SDP, in accordance with Section 3.2.4.4 of the Land Development Code. 4.l6 ENVIRONMENTAL STIPULATIONS A. N&tivc CPCCiC3 o~c utilized, where ~vai1ab1c, &e €-he mmtlmum eJ{tenE-pooaie-le in Ehc oite lanoi3caping ~ f'lroj ccE-Rc~v.ic'n' .Gc:y,..icco fur Ehcir rC~v"ic.,.. 3nG--a-wro;,p.:lh %i3 ]3'lan ',d1+-4epicE--Ehc incorporoEion of no~ive . ~.., "'" , '"" "" "" m"_ 5pcc~co ,J:rtt%-....t:'1....c~r m~)t vnC1... o"::-.ucr OpCClC:J, Ll.. .:lny.. rrre goal of aite landGcaping~e in the rccrca~ion of n.J.tivc 'lcgct~tion and-ftabitat ch~ra€tcriGtic8 lost on ~hc 8itc durin~ construction or due to p~3t .J.ctivitic~. No native vegetation is required to be preserved, B.- Al-l cJCotic plant!J, ao defi -L,md-De'?Cl-epmenE 1 ing-c.J.e~h~oc o~ conGtruction from dcvc~pment ~rC~8, open 8p.J.CC~ .J.rC.J.3, Clnd prC08::-~vPC .J.rc.J.o. Fetio',ling :Jitc dcvc1-epm.cnt <1 maintcnancc program o~be i~lemented co prevcnt rcinvosion of thc sitc by such e"otic speeie3. 'Phii3 j'>-lan, which IJil't--e.ci3cribc eontrol-t-eehniqueo ond in!Jpection intervolG, sho~e f~ with and !Jubjeet ':0 awrov<ll-by Proj ccE-Rc.J"iC'~i Service;:!. -,,- ~ ~f, during the course Gf 8ite cle~ring, cxcav3tion, or &loher eon!Jtruction ~ctivity, ~n archacol~ieal or '" " ." "'" '" ..,,--" ' 111ctorlca~ 81~C, ar~act, or otllcr 1n~or lG aiocovered, all devel~mcn~ at-tohat.location !Jh~ll-ae irnmcdi3&e-ly 8toppcd .:J.~hc Pro] cet Rcvicr,.; Scr-o/icec Goetion no~fied, Deve1epmcnt wi~e 3uopenaea-for Q 6ufficien~len~ of time to enaBle the Project Rcview Services Ccction or ~ dCGignatcd con3ul~~nt to ~D8C03 ~he find and determine t~~roper couroe of ~ction in i."cg.:l.rd to i t:J DQ.} ?gc.J.bil i ty. 'Fhc Pro) cc:. Rcvic'.l Scryicc.:J Coetion '.d~nd-to .J.ny ouch !1oE-4---ficCltion in .:l timedy .:lnd cHicicnt manner 80 aD to provide only: .:J. minimal interrtlpticn to any conGtruotion acti~itioo. 4,l7 TRAFFIC A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal and related intersection improvements should they become needed in the future, The signal will be owned, operated and maintained by the County, - ORANGE BLOSSOM GARDENS --..._-- ....._.,._-_...~ - ~, . -....., ...__.,~--, - - -...-- -- i~~'-W1D; TY~E -:-s-;-f--=::\ -; I LANDSCAPE BU,FER \ I : FUTURE I : I DEVELOPMENT AREA I I I A DETAILED MASTER I I I PLAN MUST BE I I APPROVED BY THE I I I COUNTY PRIOR TO I I I ANY DEVELOPMENT I I OCCURRING I I II I EXISTING I LAKE \ : I I EXISTING DRAINAGE I I OUTFALL TO AIRPORT I : I ROAD CANAL . : ORANGE BLOSSOM) : ~_~ G=_~~// \ I 5.85 Ac.:!: I I _ 15' WIDE TYPE 's' I :- LANDSCAPE BUFFER i I I I I I 10' WIDE TYPE '0' I I LANDSCAPE SUFFER I 1__ _ _ _ _ ___ __ _ _ _ _ _ _ .J 5 I ~ - ~ r~ '" ~ ( \ v . - - o Ii: E o - o " - C URCH ~ONED AtU/CU \ \ \ ~ o o N , ~ N ~ o ~ ~ - . ~ ~ F TURE - ~ ----- " ~ -~1 \ ~ 1 \ - , ~ \ " ~ \ :: ~ ~ ~ ~-- o =- - . ~ c o /l r ~ z w o ~ < o ~ o ~ o ~ w w o z .c __ -- ~ o z 5 r N r ~ ~ m I 9- " 5- ~ - - ~ o o ~ ~ o o ~ r LONGVlEW CPUD) -- LONGVlEW (PUD) BllllllSft.NlIlIS.!lftlllIS LAKESIDE OF NAPLES AT CllRUS GARDENS CPUD) - - - . - - CllRUS LAKE DRIVE - - -- - - -- -- - - -- I I I LONE OAK (PUD) I I I ~ NO NATIVE VEGETATION IS REQUIRED TO BE PRESERVED, 950 Encore Way Na)'I... FL 3411 0 Phon.: (239) 254-2000 Florida Certificate of Authorl.atlon No. 1772 Orange Blossom Gardens PUD Master Plan Exhibit "A" Agenda Item No. 8C December 1, 2009 Page 74 of 77 ---r-- I I \ I I I 1 I I I I I 1 I I I I \ I I \ I I I I I I ZONED A - - I I L -- o 120 I I L I SCALE IN FEET OiECKED BY ; R..LO. DRAWN at: JOH OATE : 11 OS PROJECT No. 2007.11S Agenda Item No. 8e December 1 , 2009 Page 75 of 77 . ..'- -' -,.unPO~ Ita.-.: CA~"\.. (( JO:).:.o.~) I . . "..,.,. ....... I . tI'_"~"~l~ ...--- ~.. ,-...-. - ...........-...- .- . . . . . 1 ~9_ . t;: i~ --......- 8 ~ :~~ ~ '. . . 1 . - - . , it ~~ . - ...- . -- -- '" .'.." ... 'ii' 'h.. a,."'. ....:. l;U.. ~~.': . . :.... . . : ~.. . . ( - . . . r ::r,.. ^ [Tj . . . ~ ~ . . . I "- . - -2: I - ~. . . . . I . , r::--. 1 D"..... .t...OOll J ........ ~ c~=:-..!..~~.:.o-~,...""~c. ~ MASTER DRAINAGE PLAN , l . b.htbit . . . . . - "'._- --~-- ..---------....----...----- ---. -- --- - --- .,-----_. ,....,,_...'". p '...-...............---." .. Agenda Item No. 8e December 1, 2009 Page 76 of 77 EXHIBIT liCit A PARr or S[CTION I TaIlNSHiP 4~ sourH RANG[ i?, CAST COLLIeR CIJIJNTY. FLDRiOA. KiNG HaR[ fW1T/CULARt Y /lE:SCRi8E:D AS muov:; ~ AT THE: VCST 1/4 OF UCTIC/N I TOVNSHIP 4~ SOUTH. "ANGE: ;?S [AST. caLlCR CD/JIVY~ rLORIiJ'" THE:N<;E Sl11.ITH 8~'e8'1'" CAST. AUHG THE; CCNYE:" or SAlIJ sccm,.. I. A DISTANl:i: or 568.40 ri:CT. TO THE: POINT [F_1J.HilNNil:l(i, SAID POINT KING TIC NORTHIIF:ST ClPNf:~ IT TIC tAND /lE:SCki/il.:/J IN TIC [FrICIA(. Ilf:CiRDS JaJK i!696. PA<< 2327. IT TIC PUJIl.Jr; FtF:CORDS IT caUCR COUNTY rLORl1JAJ rf#:NCi: CONriMJ/Mi.SOUrH 89'errlY i:ASr. ALONG SAI/I CfIITCH SECTION LINE:. AND TIC NCRTH LlN< IT SAID DCSCIIIKD LAND. A /J/STANCf: or 714.51 rrcr, TO rHE HOlTIE;AST ctRNf:1t or SAID Qf:SCI?Il1t:D LAN/1/ THENCE: LCAVING SAID CCNTlR SECTDi L/NC. SlJfJTH Oi!'e<rli!'" (AST, ALONG THE i:Asr LINE: or SAID /lCSCIIIKD LAND, A DISTANCf: IT 51'1.51 Fffr. 1"HENCi: NCRn! 89' IIlSTANCE: or :135./8 FffT, TO A POINT tT /NTOlSCCTIlW VITH THE \of['Slr. TIICD LAN/l/ TICNCE: NC/IlTH a;r24'~- VE'ST, ALONG SAID \of['S T U T TO TIC f!f1ll/L.JX. IEfJJMiJIiJi. SAI/1 PARCi:L CC/NTAINTNG ALONG WTTH: A PART or SeCTION I TOIINSHIP 49 SOUTH RANGE: e, CAS T caUIE:l> COUNTY. rU/RlDA. KING foIORC PART/CUtARI.. Y peSCH/BCD AS Fauovs ~ AT Tf#: WCST 1/4 or S[CTlON I TOWNSHIP 4~ SOUTH. RANGE 23 (ASr. caLICR CCVNTr FLORIDA; Tf#:NCi: sourH 89'i!S'15' CAST. AtI1NG THE; crNYE:1> or SAID SECT1l1N I. A DISTANCC IT 56//,40 recTo TO TIC Tf#: NORTHw[ST C_,'C~ cr TIC LAN/1 Qf:SCRIl1t:D IN Tf#: orrICIAL FtF:ClR/1S 8fDI( as96. PAGE 2527. or Tf#: PUIILJr; REClR/1S or t:a.LICR COUNTY rU/I>11/o4; T/CNCi: CC/NT/NIJ/Mi SWTH 89'es-IS- [AST ALONG . SAID C[Nr[1> SECTlm LINE:. AND Tf#: HOlTH LINE or SAIP 1Jf:SCRID[D LAND. 34.!5J rECT, TO THE HOlTICAST CI1RNfJ> or SAID Ili:SCRIKD LAND; SECrlON L/NC, SOlIn! Dr"Ii!'" CAsr. ALDNG TIC i:AST LIN< or SAID or 519.$1 FU:T. TO.THE THENCC caYT TIC lli:SCR/lIED LAN//; TO THE SOUTHE:AST CORNl:1l, or SAUl L '/I TION \11TH 11< HOlTHERt. y t/NC or TIC L(SS SlJfJTH :JIJ rEXT AS '/1S IIt]Ot: 2696, pII(;C 1!Sl!7. fT TIC PfJ1II.IC ITCCORDS or CaL 89.27tJ7' \of['ST. N.DNG SAID _"' UN<. A DISTANCE: or :I r_ VITI-I TIC Vi:srCRL T LINE: or SAID /Ji:SCRl D T, ALa<<; SA1D \of['ST LINE. A J//STANC( IT i?4o.65 FT:i: / ISTANCE CF 333.18 FffT. TO Tf#: SAt CR Li:SS. - -.., - --."---- - --- -....-....,- '-~---~._"--. '-'---'--~-'---"---- - ",- _. Agenda Item No. se December 1, 2009 Naples Dally News. SUnday, November 15, 2009 . 19D Page 77 of 77 _'_"'''_''_"'''~' ..c.,...._.A""._^.. ,.".-'.,....'."e.'.- ",,,,,.~ ".'__'C_._.,_._"..A~"~',_,__",",^O'''''''''' ,,__','m_.Y.".__'""_"""" NOTICF r,~ !/'II.j,-NTTO qlNSIDER ORDINANCE Notke is hereby given that on Tues- day, December 1, 2009, in the Board- room, 3rd Floor. Administration Build- ing, Collier (olint)' Government'(en~ ter, 3301 tast Tamiami Trail. Naples; ~Iorida, the Board of County Commis- sioners will consider th€' I'nactment of 11 (ounty Ordinance) .. The meeting will commence at 9:00 A.M The titlf! of the proposed Ordinance 15 as follows: . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA, AMENDING ORDI~ NANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS,' PL.A,NNED UNIT , DEVELOPMENT (PUD); PRDVIDlNG FOR AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT,' TO REMOVE 5.85 ACRES FROM THE PUO; PROVIDING FOR FU~ ,TURE., PUD AMENDMENT; AND PRO- VIDING FOR AN EFFECTlVE"OATE PETITION: PUDA-2008-AR-14092, lC5- Westminster Naples, lLC, represented by Robert Duane, AICP. of Hole Mon- tes, lnc and Rkhard D. Yovanovich, Esq_, of Coleman, Yovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete -ap- proximately 5.85 acres. The subject property is located in Section 1, Town- ship 49 South, Range 25 East, Collier County, Florida (Companion item to "PUDZ-2008-AR-14091 and PUDA.200B- AR.14090) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. AU interest- ed parties are invited to attend and be 'heard. ,,' ' NOTE: All 'persons wishing to speak on any ~gerida item must ,register with the County Manager prior to presen- tation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item. The selection oi an individual to speak on behalf of. an organization or group is encouraged. If recognized by the Chairman, a spokespef'ionfor a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic, materials _ included in the Board agenda packets must submit said materia! a minimum of 3 weeks prior to the respecti....e 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 leven days prior to the public hearing. All material used in presentations bf'fore the Board will become a permanent part of the re- cord. Any person who decides to appeal 011- deCision of the Board will need a re- cord of the proceedings pertaining tnereto and therefore, may need to ensure that a verbatim'record of the proceedings is made, which record in" dudes the testimony and evidence upon which the appeal is based. If you are, a permn with, disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the pro- vision of certain assistance. Please con- tact the Collier County Facilities Man~ agement Department. located at 3301 Tamiami Trail East, 8uilding W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hear- ing impaired are available in the County Commissioners' Office. BOARD OF'COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA fiALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Novem~15. 2009 N01S254J.? . ,,-~ .-.---- """,-'.",.." ._,-~-,. ~~,'