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Agenda 07/22/2008 Item # 8AAgenda Item No. 8A July 22, 2008 Page 1 of 34 EXECUTIVE SUMMARY PUDA- 2007 -AR- 11734, KRG 951 and 41, LLC, represented by Q. Grady Minor, is requesting a Planned Unit Development (PUD) amendment to the Artesa Pointe PUD to remove a 0.88 -acre parcel of land and add it to the proposed Tamiami Crossing Commercial Planned Unit Development (CPUD) abutting its northern boundary. The 0.88 - acre subject property is located approximately one - quarter of a mile south of the intersection of Collier Boulevard (CR 951) and the Tamiami Trail (US 41), in Section 3, Township 51 South, Range 26 East of Collier County, Florida COMPANION ITEM: PUDZ- 2006 -AR -10875 OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to the Artesa Pointe Planned Unit Development (PUD) to revise the legal description and Master Plan boundaries to reflect that the subject 0.88 -acre parcel of land is being added to the proposed Tamiami Crossing Commercial Planned Unit Development (CPUD); and to make certain that the project is in harmony with the applicable County codes and regulations to maintain the community's interests. CONSIDERATIONS: The applicant proposes to amend the Artesa Pointe PUD, approved on September 23, 2003, to remove 0.88 acres from its extreme northwestern corner, as depicted on the Conceptual Master Plan contained in the staff report. This 0.88 acres, permitted for commercial uses on the approved Master Plan, is to be added to the proposed Tamiami Crossing CPUD to provide additional parking capacity. The subject amendment would require only minor revisions to the approved Artesa Pointe PUD document and Master Plan to reflect the deletion of this acreage from the PUD's northwestern boundary; therefore no other changes to either document are proposed. All changes to the PUD document are shown in strike - through and underline format in the proposed ordinance attached to this report. FISCAL IMPACT: The rezoning action, in and of itself, will have no fiscal 'impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however, if the CPUD is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (CIE) as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected Page 1 of 5 Agenda item No. 8A July 22. 2005 Page 2 of 34 before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Artesa Pointe PUD presently comprises all of the Henderson Creek Mixed Use Subdistrict on the Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for a mixture of regional commercial uses and residential development to serve the South Naples, Royal Fakapalm and Marco Island areas. The subject 0.88 acres is within a commercial component of the Artesa Pointe PUD, and its annexation into the proposed Tamiami Crossing CPUD would be compatible with respect to its current land use. However, as the Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial uses, if the 0.88 acres were removed from the PUD, it would still remain within the Henderson Creek Subdistrict and, therefore, no commercial development would be eligible on it. Conclusion: The proposed PUD amendment has no impact on consistency as it relates to the GMP, as all uses associated with the subject parcel will remain consistent with the aforementioned designation. The subject PUD amendment may, therefore, be deemed consistent with the Future Land Use — Element (FLUE) of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this PUDA to remove an 0.88 -acre parcel from its boundaries would have no affordable housing impact. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed this petition and determined that there are no environmental issues associated with it. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their March 20, 2008 meeting, and voted 8 -0 to forward this petition to the BCC with a recommendation of approval. Although this item received a unanimous recommendation and staff has not received any letters of objection to the project from the cormnunity, it is being placed on the regular agenda due to _. the fact that its approval is contingent upon its companion item's approval. Page 2 of 5 Agenda Item No, 8A July 22. 2008 Page 3 of 34 LEGAL CONSIDERATIONS: This is an amendment to the existing Artesa Pointe PUD (Ordinance No. 03 -46) which proposes to amend the Statement of Compliance, Legal Description and Master Plan in order to reflect a 0.88 -acre reduction of land in the PUD. This proposed amendment is quasi - judicial in nature. As such the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the follow ng questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall he niade only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: 'The ability of the subject property and of surrounding areas to accommodate expansion. S. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Page 3 of 5 Agenda Item No. 8A July 22, 2008 Page 4 of 34 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherx�ise affectpublic safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Page 4 of 5 Agenda Item No. 8A July 22, 2008 Page 5 of 34 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Gro�rth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, article III as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials relate to these criteria. This item is legally sufficient for Board action. - -MMSS RECOMMENDATION: Zoning and Land Development Review staff recommends that the Board of County Commissioners approve PUDA - 2007 -AR- 11734. PREPARED BY: John -David Moss, AICP, Principal Planner Department of Zoning & Land Development Review Page 5 of 5 Page I of 2 Agenda Item No. 8A July 22, 2008 Page 6 of 34 file: / /C:\AgendaTest \Export \1 l I -July% 2022% 202008 \08. %20ADVERTISED %20PUBLIC... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: At the petitioner's request, this item is continued from the June 24, 2008 BCC meeting. This item must be heard BEFORE item PUDZ - 2006 -AR -10875 and requires that all participants be sworn in and ex parts disclosure be provided by Commission members. PUDA- 2007 -AR- 11734 KRG 951 and 41, LLC, represented by D- Wayne Arnold, AICP, of 0. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting an amendment to the Artesa Pointe PUD to remove a +/- 0.88 acre parcel of land and add it to the proposed Tamiami Crossing CPUD abutting its northern boundary. The subject property is located approximately 1/4 of a mile south of the intersection of Collier Boulevard and US 41, in Section 3, Township 51 South, Range 26 East of Collier County, Florida (Companion item to PUDZ - 2006 -AR- 10675). Meeting Date: 7/22/2008 9:00:00 AM Prepared By John -David Moss Senior Planner Date Community Development & Zoning & Land Development 5/15/2008 9:35:14 AM Environmental Services Approved By -- Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 7/1/2008 5:20 PM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 713/2008 3:35 PM Environmental Services Environmental Services Admin. Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 7/812008 2:50 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 7/8/2008 3:00 PM Environmental Services Approved By ' Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& Environmental Services Environmental Services Admin. 71812008 7:54 PM l Approved By OMB Coordinator OMB Coordinator Date file: / /C:\AgendaTest \Export \1 l I -July% 2022% 202008 \08. %20ADVERTISED %20PUBLIC... 7/15/2008 Page 2 of 2 Agenda Item No. 8A July 22, 2008 Page 7 of 34 County Manager's Office Office of Management & Budget 7/912008 9:27 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 9:54 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/11/2008 10:30 AM file: / /C:\AgendaTest \Export\ 111 -July% 2022% 202008 \08. %20ADVERTISED %20PUBLIC... 7/15/2008 Agenda Item No. 8A AGENDA ITENyd2, 2008 8 of 34 Col ler County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: APPLICANT: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 20, 2008 PETITION NO: PUDA- 2007 -AR- 11734, ARTESA POINTE PLANNED UNIT DEVELOPMENT (PUD) COMPANION ITEMS: PUDZ - 2006 -AR -10875 AND CPSS -06 -01 KRG 951 AND 41, LLC 30 S. Meridian Street, Suite 1100 Indianapolis, IN 46204 AGENTS: Mr. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via del Rey Bonita Springs, FL 34134 REOUESTED ACTION: Richard D. Yovanovich, Esquire, Goodlette, Coleman, and Johnson, P.A. 4001 Tamiami Trail, Suite 300 Naples, FL 34103 The petitioner is requesting an amendment to the Artesa Pointe Planned Unit Development (PUD) to remove a +/- 0.88 acre parcel of land and add it to the proposed Tamiami Crossing Commercial Planned Unit Development (CPUD) abutting its northern boundary, (The Tamiami Crossing CPUD application is companion item PUDZ - 2006 -AR- 10875; and the companion Small Scale Comprehensive Planning Ammendment is CPSS- 06 -01.) GEOGRAPHIC LOCATION: The X82 -acro subject property is located approximately 1/4 of a mile south of the intersection of Collier Boulevard (CR 951) and the Tamiami Trail (US 41), in Section 3, Township 51 South, Range 26 East of Collier County, Florida (see the location map on following page). Artasa Pointe PUDA- 2007-AR -11734 March 20, 2008 CCPC Page 1 of 6 a0M �/\ ƒ 7 � , .' t� ?Uavav /� , \� \ \ \ 2\ � 2 ) § § � �� .. : . . �y( ?2�22T2 �■ , l°° !!§ \ ��.._ ! l , � � | Agenda Item No. 8A July 22, 2008 Page 11 of 34 The purpose of this petition is to amend the Artesa Pointe PUD, approved on September 23, 2003, to remove 0.88 acres from its extreme northwestern corner, as depicted on the Conceptual Master Plan on the preceding page, This 0.88 acres, permitted for commercial uses on the approved Master Plan, is to be added to the proposed Tamiami Crossing CPUD to provide additional panting capacity, As the subject amendment would only require minor revisions to the approved Artesa Pointe PUD document and Master Plan to reflect the deletion of this acreage from the PUD's northwester boundary, no other changes to either document are proposed. All changes to the PUD document are shown in strike - through and underline format in the proposed ordinance attached to this report, SURROUNDING LAND USE AND ZONING: North: Vacant land (proposed for the Tamiami Crossing CPUD), zoned C -4 (General Commercial) East: Vacant land (proposed for the Tamiami Crossing CPUD), zoned A; US 41 then vacant land, zoned A (Rural Agricultural) South: IIoliday Manor mobile home park, zoned MH (Mobile Home) West: Collier Boulevard; then golf course, zoned Eagle Creek PUD AERIAL VIEW Attesa Pointe PUDA•2007 -AR -11734 March 20, 2008 DCPC Page 2 or 6 Agenda Item No. 8A July 22, 2008 Page 12 of 34 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Artesa Pointe PUD presently comprises all of the Henderson Creek Mixed Use Subdistrict on the Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for a mixture of regional commercial uses and residential development to serve the South Naples, Royal Fakapalm and Marco Island areas. The subject 0.88 acres is within a commercial component of the Artesa Pointe PUD, and its annexation into the proposed Tamiami Crossing CPUD would be compatible with respect to its current land use. However, as the Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial uses, if the 0.88 acres were removed from the PUD, it would still remain within the Henderson Creek Subdistrict and, therefore, no commercial development would be eligible on it. Conclusion: The proposed PUD amendment has no impact on consistency as it relates to the GMP, as all uses associated with the subject parcel will remain consistent with the aforementioned designation. The subject PUD amendment may, therefore, be deemed consistent with the Future Land Use Rlament (FLUE) of the GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition and the LDC criteria upon which a recommendation must be based, specifically noted in Sections 10.02.13.B.5. and 10.03.05.1-1, which establish factual bases to support a recommendation. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents, and have been attached to the staff report as Exhibits A and B. In addition to these documents, staff offers the following analysis: Environmental Review: Environmental Services staff has reviewed this petition and determined that there are no environmental issues associated with it. Transportation Planning Review: Transportation Planning staff has reviewed this project, and there are no outstanding transportation issues. Utilities Review: This project is located within the Collier County Water and Sewer District. The proposed amendment does not impact the utilities provision, which is the same as for the existing PUD, Emergency Management Review: The Artesa Pointe PUD is located in a Category 1 Hurricane Surge Zone which requires evacuation during some hurricane events. Because this is a commercial PUDA, the Emergency Management Department has no issues with the approval of this petition. Zoning Review: As noted in the preceding GMP Consistency review, the subject parcel is located in the Henderson Creek Mixed Use Subdistrict, which permits a maximum commercial gross floor area of 325,000 square feet. As the boundaries of the Artesa Pointe PUD are coterminous with this subdistrict, and the PUD has already been approved for 325,000 square feet of commercial uses, Artesa Pointe PIJDA- 2007 -AR -71734 March 20, 2006 CCPC Page 3 of 6 Agenda Item No. SA July 22, 2008 Page 13 of 34 the subject 0,98 acres would not be eligible for any of the commercial development proposed with the companion Tanuami Crossing CPUD, Instead, this acreage would only be permitted to be used for parking, as shown on the Tamiami Crossing Master Plan by Q. Grady Minor and Associates, P.A., dated July 2006, as revised through October 2007, submitted with companion PUDZ -AR- 2006- 10875, and included as Exhibit C of this report. As the subject parcel is adjacent to areas proposed for parking and preservation, no compatibility issues are anticipated, NEIGHBORHOOD INFORMATION MEETING (NM: (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) The applicant duly noticed and held the NIM for Artesa Pointe (PUDA - 2007 -AR- 11734), Tarniami Crossing (PUDZ- 2006 -AR- 10875), and ilia associated Comprehensive Planning Amendment (CPSS -06 -1) as companion items on September 26, 2007, at Manatee Elementary School. Approximately 70 people attended, some of whom identified themselves as residents of Eagle Creek. Also present were County staff, County Commissioner Donna Fiala, Planning Commissioner Bob Murray, the applicant and his agents. Most of the questions posed by attendees focused on traffic impacts and the County Transportation Divisions' plans for area road improvements. The applicant told the audience that a signal on US- 41 between the site and one quarter mile from the Habitat for Humanity project would be sought, with an alternate location further east, subject to approval of the Florida Department of Transportation (FDOT), The applicant's team stated that there were plans for access points on CR 951 and US 41, and two interconnection points with Artesa Pointe PUD. Attendees were interested in finding out if there was a big box retailer like Super - Target proposed. Eric Strickland of Kite Development responded that a box retail or grocery store was proposed, and that his firm is indeed a Target developer. He also stated that the project's projected opening was for late 2008. The agent added that the proposed zoning was primarily for C -4 (General Commercial) uses, and that a garden center was also a potential end -user. A commitment was made by members of the applicant's team that there would be no tattoo parlor, The Developer's agent, Richard Yovanovich, stated that the applicant's team was willing to speak with any Homeowners' Associations that were interested in meeting with them. He also told the group that these items would not be on the summary agenda if there were any objections from the neighbors (since attendees felt that the Wal -Mart in Artesa Pointe had been approved without adequate notification of the public hearing date). Mr. Yovanovich then advised the audience to file any objections to the proposals with the County's Planning staff. The NIM officially ended at approximately 6:30 p.m, Transportation Planning Director Nick Casalanguida said he and the applicant's team would remain after the meeting to discuss developer contribution agreements and improvements of the Collier Boulevard/US-41 intersection. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA - 2007 -AR -11734 to the Board of County Commissioners with a recommendation of approval. Arteae Pointe PUDA - 2007 -AR -11734 March 20, 2008 CCPC Pape 4 of 5 Agenda Item No. 8A July 22, 2008 Page 14 of 34 PREPARED BY: JO -DAVID MSS, AICP, PRINCIPAL PLANNER bATFJ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIIJWE,D BY: 2 -Z8 - 08 MARJORIE M. S�TIJA NT -STl� RLINNG U DATE ASSISTANT COUNTY ATTORNEY RAYM TD . BE LOWS, MANAGER Z ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW —`aUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JO H K. SCHMITT, ADMINISTRATOR C UNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION � /49 /eC� c3 a DATE Tentatively scheduled for the May 27, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: MARKP. STRAIN, CHAIRMAN Exhibits: A. Rezone Findings B. PUD Findings , C. Tamiami Crossing CPUD Master Plan Artesia Pointe PUDA - 2007 -AR -11734 March 20, 2008 CCPC Page 6 of 5 DATE Agenda Item No. 8A July 22, 2008 Page 15 of 34 EXHIBIT A REZONE; FINDINGS PETITION PUDA - 2006 -AR -11734 Artesa Pointe PUD Chapter 10.03.05•G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan, Finding s: Page three of the staff report explains how this petition is consistent with the Future Land Use Map (FLUM) and the Growth Management Plan (GMP). As stated, the subject property is designated Henderson Creek Mixed Use Subdistrict, and the primary intent of the subdistrict is to provide for a mixture of regional commercial uses and residential development to serve the South Naples, Royal Fakapalm and Marco Island areas. As the Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial, which is already built, the 0.88 acres would not be eligible for development on it. No development is proposed for the site; therefore, the project is consistent with the GMP. 2. The existing land use pattern; Findings: The subject site is bordered by the C -4 zoning district to the north and west and by the Artesa Pointe PUD, which permits commercial uses consistent with the C -1 through C-5 zoning districts, to the east and south. None of the abutting parcels have been cleared, 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Findin s: Because the 0.88 acres of the proposed PUD amendment is part of an existing mixed -use PUD, it would not create an isolated district. As noted above, the subject site is already surrounded by property with similar land uses. For these reasons, the amendment request would not create an isolated district relative to the adjacent ones. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Findings: The existing boundaries of the subject 0.88 acres are not irregularly drawn; however, the PUD into which it is proposed for inclusion is indeed irregular in relation to the majority of parcels in the County, which are typically rectangular, The subject property was created by the developer's assemblage of available parcels in the area, which resulted in a rather unusual shape for the proposed PUD, The location map on page two of the staff report highlights the boundary of the subject parcel. Page t of Agenda Item No. 8A July 22, 2008 Page 16 of 34 EXHIBIT A S. Whether changed or changing conditions make the passage of the proposed amendment necessary. Findi : The proposed PUDA is not obligatory at this location. However, the request is reasonable because the property would remain part of the Henderson Creek Mixed Use Subdistrict and, therefore, unavailable for any further commercial development other than parking. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; indin s: The removal of 0,88 acres from Artesa Pointe will not adversely affect the living conditions in the neighborhood, Furthermore, the proposed use for the property would be similar to that already approved for the Artesa Pointe PUD. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Fin 'n s: The exclusion of 0.88 acres from the Artesa Pointe will have any impact on traffic. y` 8. Whether the proposed change will create a drainage problem; Findings: The proposed change should not create drainage or surface water problems, as the existing water management system is designed to prevent drainage problems on the site. Additionally, the LDC and GMP have regulations in place to ensure review for adequate drainage on the proposed Tamiami Crossing CPUD. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Findings: The proposed change will not have an adverse impact on adjacent properties in terms of light and air, 10. Whether the proposed change will adversely affect property values in the adjacent area; Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factora including zoning; however zoning by itself may or may not affect values, since value determination is driven by the market. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Page 2 of 3 Agenda Item No. 8A July 22, 2008 Page 17 of 34 EXHIBIT A Findings: The adjacent properties allow similar uses, Therefore, the proposal would not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Findings: As stated, the proposed amendment complies with the Henderson Creek Mixed Use Subdistrict designation of the GMP. Furthermore, land use applications are subject to a public hearing process to insure that they do not constitute a grant of special privileges or are inconsistent with other properties in the vicinity in which they are situated. 13. Whether there are substantial reasons wily the property cannot be used in accordance with existing zoning; Findings: There are no substantial reasons why the property could not be used in accordance with existing zoning. 14. Whether the ehange suggested is out of scale with the needs of the neighborhood or the County; Findings: The proposed amendment conforms to the goals and objectives of the GMP and is compatible with the surrounding property. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Findings: There are many sites that are already zoned to accommodate the proposed development; however this is not the determining factor when evaluating the appropriateness of a rezoning decision. The proposed PUDA was reviewed and deemed compliant with the GMP and the LDC, as was the Tamiami Crossing CPUD proposed in conjunction with this petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Findings: Any development would require some site alteration and the subject site will have to cleared to execute the proposed parking lot. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Findings: The proposed PUD petition will have no impact on public facilities or services. Page 3 of 3 Agenda Item No. 8A July 22, 2008 Page 18 of 34 EXHIBIT B FINDINGS FOR PUD PETITION PUDA- 2006 -AR -11734 Artesa Pointe PUD Section 10,02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans` compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed In relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Findings: The project is located within the Henderson Creek Mixed Use Subdistrict on the Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for a mixture of regional commercial uses and residential development to serve the South Naples, Royal Fakapalm and Marco Island areas. The PUDA will not affect surrounding areas, traffic and access, drainage, sewer, water or other utilities. However, it should be noted that the development of the companion Tamiami Crossing CPUD will have to be in accordance with all applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) at the time of issuance of any development order, 3. Adequacy of evidence of unified control and suitability of any proposed agreements, - contract, or other instruments, or for amendments in these 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. Findin s: Evidence of unified control was provided with the application. All arrangements for the continuing operation and maintenance of the Artesa Pointe PUD were made at the time of the original rezone and will not be affected by this PUDA. 4. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Findings: The project as proposed is consistent with the Future Land Use Map (FLUM) which designates the subject property as Henderson Creek Mixed Use Subdistrict. The subject petition has been found consistent with the goals, objectives and policies of the GMP, as explained on page three of the staff report, 5. 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. Findings: Section 4.07.02 of the LDC has specific development requirements for PUD districts to insure that they are compatible with established or plarmed uses of the surrounding neighborhoods. As noted in the staff report, the subject parcel is located in the Henderson Creek Mixed Use Subdistrict, which permits a maximum commercial gross Page t of Agenda Item No. 8A July 22, 2008 Page 19 of 34 EXHIBIT B floor area of 325,000 square feet. As the boundaries of the Artesa Pointe PUD are coterminous with this subdistrict, and the PUD has already been approved for 325,000 square feet of commercial uses, the subject 0.88 acres would not be eligible for any further commercial development. Instead, this acreage would only be limited to parking area, which would be compatible with the surrounding uses. 6. The adequacy of usable open space areas in existence and as proposed to serve the development. Findings: The minimum 30 percent open space requirement of the LDC, described in section 2.14 of the PUD document, would still be met if this amendment were approved. 7. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Findings: No capacity issues would be created by the approval of this petition. 8. The ability of the subject property and of surrounding areas to accommodate expansion. Findings: As previously stated, no further expansion is permitted on the Artesa Pointe PUD. 9. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findings: Staff has reviewed this petition and found it to be. consistent with the Future Land Use Element (FLUE) and all the elements of the OMP. Approval of the subject PUDA will not have any impact on the existing Artesa Pointe PUD. Page 2 of 2 II s 1 i Z 9 y N 0 6 9 1 lip 3 »IIIIII °'�■ 333111HI 1 , � 3 }7111111' l � o / y u r 'l i e� Agenda Item No. 8A July 22, 2008 Page 20 of 34 4 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET ldriffzp� Agenda Item No. 8A July 22, 2008 2800 NORTH HORSESHOfVt of 34 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PUDA- 2007 -AR -11734 REV: I PROJECT NAME Project: 2002010019 PROJECT NUMBER Date: 5/11/07 DUE: 6/11/07 DATE PROCESSED ASSIGNED PLANNER NAME OF APPLICANT (S) KRG 951 AND 41, LLC ADDRESS 30 SOUTH MERIDIAN STREET, SUITE 1100 CITY INDLANAPOLIS STATE IN ZIP 46204 -3565 TELEPHONE # 317 -809 -6960 CELL # E -MAIL ADDRESS: F.STRICKLAND@,KITEREALTY.COM FAX # 317 -577 -5605 NAME OF AGENT D. WAYNE ARNOLD, AICP - 0. GRADY MINOR AND ASSOCIATES, P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239 -947 -1144 CELL # FAX # 239- 947 -0375 E-MAIL ADDRESS: WARNOLDAGRADYMINOR.COM NAME OF AGENT RICHARD D. YOVANOVICH, ESQ. - GOODLETTE, COLEMAN AND JOHNSON, P.A. ADDRESS 4001 TAMIAMI TRAIL, SUITE 300 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # 239- 435 -3535 CELL # FAX # 239- 435 -1218 E -MAIL ADDRESS: RYOVANOVICHna GC.ILAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF Ji ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For 1'UU Rezone 1118107 Complete the following for all Associations) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP 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 Not Applicable Application For Public Nearing For PUD Rezone 1/18/07 Agenda Item No. 8A July 22, 2008 Page 23 of 34 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. C. n' Name and Address Percentage of Ownership KRG 951 and 41, LLC 100% 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 -3565 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 Not Applicable 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 Not Applicable Application For Public Hearing For PUD Resonc (/18/07 Agenda Item No. 8A July 22, 2008 Page 24 of 34 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Not Applicable Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired M 2007 leaser 9 TeFFn of lease .. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Application For Public Hcaring For PUD Rezone 1/18/07 Agenda Item No. 8A July 22. 2008 Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range Lot: Block: 3 / 51S / 26E Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST QUARTER CORNER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 °41'50" WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 1,361.72 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41 (STATE ROAD 90) (200 FOOT RIGHT -OF -WAY); THENCE RUN NORTH 54 020'16" WEST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 966,32 FEET TO A POINT ON THE WESTERLY LINE OF A 100 FOOT WIDE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 76 AT PAGES 127 THROUGH 129, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE SAME BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 20 °16'12" WEST, ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 203.10 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,799.93 FEET; THROUGH A CENTRAL ANGLE OF 09 °43'48 "; SUBTENDED BY A CHORD OF 474.91 FEET AT A BEARING OF SOUTH 25 008'06" WEST, FOR AN ARC LENGTH OF 475,48 FEET TO THE END OF SAID CURVE; THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 3; THENCE RUN NORTH 89 °26'59" WEST, ALONG SAID NORTH LINE FOR, A DISTANCE OF 2,833.22 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF ISLE OF CAPRI ROAD (STATE ROAD 951) (RIGHT -OF- WAY VARIES); THENCE RUN NORTH 02 °28'03" EAST, ALONG SAID EASTERLY LINE, FOR A DISTANCE OF 1,284.83 FEET; THENCE, LEAVING SAID RIGHT -OF -WAY LINE, RUN THE FOLLOWING TWO (2) COURSES ALONG THE LINES OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2529 AT PAGES 1377 AND 1378 NORTH 90 000'00" EAST FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 02 °28'03" EAST FOR A DISTANCE OF 100.09 FEET TO THE NORTHERLY MOST WESTERLY CORNER OF TRACT "C" OF TRAIL RIDGE, AS DESCRIBED IN PLAT BOOK 44 AT PAGES 71 THRU 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 055'57" EAST, ALONG THE NORTH LINE OF SAID TRACT "C ", FOR A DISTANCE OF 196.99 FEET; THENCE RUN NORTH 00 °04'03" EAST FOR A DISTANCE OF 200.05 FEET; THENCE RUN SOUTH 89 °55'57" EAST FOR A DISTANCE OF 683.32' FEET TO A POINT THAT IS A DISTANCE OF 400.00 FEET SOUTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED SOUTHERLY RIGHT -OF- WAY LINE OF U.S. 41 (STATE ROAD 90) (200 FOOT RIGHT -OF -WAY); THENCE RUN SOUTH 54 °20'16" EAST FOR A DISTANCE OF 1,654.49 FEET; THENCE RUN NORTH 35 °39'44" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE SAID SOUTHERLY RIGHT -OF -WAY LINE OF U.S. 41; THENCE RUN SOUTH 54 °20'16" EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 81.610 ACRES, MORE OR LESS. Size of property: ft. X ft. = Total Sq. Ft. Acres 81 + Address /general location of subject property: Subject property is located approximately 114 mile south ofthe Intersection of Collier Boulevard and U.S. 41. Application For Public &gazing For PDD Re nc 1/18/07 Agenda Item No. 8A PUD District (LDC 2.03.06): ® Residential ❑ Community Facilities July22, 2008 Page 26 of 34 ® Commercial ❑ Industrial Zoning Land use N A. C -2 & C -4 Vacant (proposed Tamiami Crossing CPUD) S MH Residential Mobile Homes (Holiday Manor Coop) E A. MH & PUD Undeveloped, Residential Mobile Homes, Winding Cypress DRI W PUD Eagle Creek PUD. Residential 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 3 / 51S / 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00726724301 & 00725841007 Metes & Bounds Description: See attached Deeds Applicalica For Public Hearing For PUD Rezone 1/18/07 Agenda Item No. 8A July 22, 2008 SIM Ewa, N FM V-0 Mrk- 0 This application is requesting a rezone from the PUD zoning district(s) to the CPUD zoning district(s). Present Use of the Property: Wal -Mart retail store. Habitat for Humans home sites and Partially undeveloped proposed commercial. retail. Proposed Use (or range of uses) of the property: The legal description and Master Plan are to be revised to demonstrate the removal of the 0.88± acre parcel from the PUD. Original PUD Name: Artesa Pointe PUD Ordinance No.: Rmn 4T Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.6) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD amendment proposes to remove a small (0.88± acre) parcel from the Artesa Pointe PUD and incorporate it into the proposed Tamiami Crossings CPUD. The subject property is already zoned PUD and was intended for commercial use. The surrounding area remains suitable for continued commercial development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents provided demonstrate unified control of the subject property and proposed Tamiami Crossing CPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed amendment has no impact on consistency with the growth management plan, and the property's use will remain consistent with the Henderson Creek Mixed Use Subdistrict. Application For Public Hearing For PUD Rezone 1/18/07 Agenda Item No. 8A July 22, 2008 4. The internal and external compatibility of proposed uses, which conditions RWKCWA6 restrictions on location of improvements, restrictions on design, and buffering and screening requirements. No compatibility relationships change from the proposed amendment. The proposed amendment simply moves the property into the adjacent PUD. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Artesa Pointe PUD will continue to meet Its open space requirements and the proposed Tamlami Crossings CPUD will provide30 %of its acreage as usable open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Public facilities will be available at the time of construction as required by the County's concurrency management system. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject 0.88± acre parcel is presently within a commercial component of a PUD and its inclusion into the Tamlami Crossings CPUD will provide for unified control within each respective PUD. No expansion beyond what has been proposed is anticipated. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The subject property will comply with the PUD regulations established for the proposed Tamiami Crossing CPUD which are appropriate and consistent with that for commercial development. 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? ❑ Yes ❑ No If so, what was the nature of that hearing? Applieidua For Public Hearing For PUD Rozonc I! W07 Agenda Item No. 8A NOTICE: This application will be considered "open" when the determination of "sufficiency' has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 1/18/07 Agenda Item No. 8A THIS COMPLETED CHECKLIST 15 TO BE SUBMITTED WITH APPLICATION PACKETIN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION AInTG• IMr'nMPFI TF CI IRMITTAI S WII I Nf3T RE ACCEPTED_ REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED I Additional set If located in the Bayshore /Gateway Triangle Redevelopment Area Copies of detailed description of why amendment is necessary 24 X Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments (download from website for current form 24 X Pre-application meeting notes 24 X PUD Conceptual Master Plan 24" x 36" and One 8 Y2" x 11" copy 24 X Revised PUD Conceptual Master Plan 24" x 36 "and One 8 )1" x 1 I" copy 24 X Original PUD document/ ordinance and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD 24 X Revised PUD application with changes crossed thru & underlined 24 X Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 24 X Deeds /Legal's & Survey (if boundary of original PUD is amended) 2 X List identifying Owner & all parties of corporation 2 X Owner /Affidavit signed & notarized 2 X Covenant of Unified Control 2 X Completed Addressing checklist 2 X NEMENNEZZMEEMN now Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 X Historical Survey or waiver request 4 X Utility Provisions Statement w /sketches 4 X Architectural rendering of proposed structures 4 X Survey, signed & sealed 4 X Traffic Impact Statement (TIS) or waiver 7 X Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' S X Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 X Letter of No Objection from the U.S. Postal Service 1 X If located In RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry 1, Lacavera, State of Florida Division of Forestry ® 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Sect1qQ 2.03.08. A. 2.a.(b)i.c. r, / f _ Applicant gent Signature Date Application For Public Hwring For PUD Rezone W8/07 9 Agenda Item No. 8A July 22, 20Q8 Page 31 of 34 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 03 -46, WHICH ESTABLISHED THE ARTESA POINTE PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THII STATEMENT OF COMPLIANCE AND SECTION 1.2, ENTITLED "LEGAL DESCRIPTION IN ORDER TO REMOVE A 0.88 +1- PARCEL OF LAND FROM THIS PUD, AND REPLACING EXHIBIT "A," THE PUD MASTER PLAN, WITH A NEW EXHIBIT "A," PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 23, 2003, the Board of County Commissioners approved Ordinance Number 0346, which established the Artesa Point Planned Unit Development Zoning District; and WHEREAS, on March 23, 2004, the Board of Comity Commissioners approved Ordinance Number 04 -17 amending Ordinance Number 03 -46 in order to conect scrivener's errors; and WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A., representing KRG 951 & 41, LLC, petitioned One Board of County Commissioners to amend Ordinance Number 03 -46, as amended, for the Artesa Point Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE The introductory paragraph of the Statement of Compliance of Ordinance Number 0346, as amended, (Artesa Pointe Planted Unit Development) is hereby onended to read as follows: The purpose of this Section is to expross the intent of Gateway Shoppes, LLC, hereinafter referred to as the Development, to create a Planned Unit Development (PUD) on 82 -U +/- acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Artesa Pointe. The development of Artesa Pointe will be in compliance with the planning goals and objectives of Collier County as set forth in die Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Lend Use Element and other applicable regulations for the following' reasons: SECTION TWO: AMENDMENTS TO LEGAL DESCRIPTION OF THE PROJECT Section 1.2 entitled "Legal Description" of Ordinance Number 03 -46, as amended, (Artesa Pointo Planned Unit Development), is hereby amended to read as follows: Page 1 of 3 Words underlined am additions; words etmok4hm4h are deletions. 1.2 LEOALDIWOUP77ON -- -:.mow. ; ad- leeale�J> rSeelioa3rTevmebig- St�Snndr;�tso6a26'a3ach-✓;°Nia 6' eneiyr- Plerida- 4eing- fnore�aiiatlia rly-daBeri4aA- oe- feNewo! 6ouunrnaoaHhe- gasbnueAeaeaT ea- sESeelinn- 3;- 3' exvreW9'33"SeuB §- iimrge- 26-Eesls maimgfkeW73r48teeHetho-eod- ofseibeuwr, thesnmeiiNnga -W llfFax+Ao-nepMrma them of IWCofLseseodrlre}Fe @eai4 Saofien- 3s- 11xv�eetuu-neHl " "•".4,- �`�"�:• -r wlc'�e�8 eei4noWtlino-ferrodlWenao-o€ 383b�33feet- te- e- ge} aFanN ,�eaKtetlY-e��F- efwaY;'ooef kla et' 6eA11-RenA-FStnln-ReeA�Xii) ( reg�t- o�lee+roa- neAfi-02Y28- 93ianslr olong- setA- easledY - {ine� fer- a�ietunen- o£- 1; 284�S3- -faeS- We�mrl�- eaFd- rFl9r1"oLwey IhlerFm till e-t eAewnfg4enr( 4) eedr eesoiangdhel{ uore €dloyrepepydnvodheJtin- OH'wiol ReeordaH eek- 55;39- ot- Yagea- Iaa7 -ond- 1378- xeNr9Br8B 'B�"- eeeFfer- n%Iolerwe- eHD8A9 feet; diesoe -cult a ph- o,.-- �v- oa- v®. -.a_ r_r- a- �i6leN..c -o, - ...0.o3- �wrmePUe- Fun- Iloli� B�B9�d4='- anFfeF- e�lietal�eaee- sanbBU lh84%35= 57"- eeGFieM- dieleuee ef-867A9404a. oklmhO is- e�iel eneeef-0 BB, 9B- feef- eeutkaelyefnxA- peFaNaWvi[h -B�e nfoF W11e11ed4GULh°-`- __. _rWay HO .r Frc _ei es elg.. y(1)Z�:Pn reB1.gi { -oj. wey}' �- dFnrea- Froniren•,.�4°����-- o.,.r�.F�- die— �-a+-;ti.`.f' _ _ _ _.ropq '3 °' "•••�� _.s4- fats - distance ef- 40899- feeHe- a- yeinPSn -the- laid- sou�rer±Y+6BNloFwny Fiese�il. S�- 41{- Fhacea- rwr�en1k34�29- 1G'= esati-alengsoW -Sine; fee- o-dieNweo- eF699fi9 Page 2 of 3 Words underline are additions; words straGIE tHm4i are deletions, Agenda Item No. 8A July 22, 2008 Page 32 of 34 Agenda Item No. 8A July 22, 2008 Page 33 of 34 AMENDMENTS TO MASTER PLAN Exhibit A, the PUD Master Plan, of Ordinance Number 03 -46, as amended, (Artesa Pointe Planned Unit Development) is hereby replaced with a new Exhibit "A," PUD Master Plan, SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supor-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By; Deputy Clerk Approved as to form and legal sufficiency: � a• arjorie M. Student - Stirling Assistant County Attorney By: TOM HENNING, CHAIRMAN Page 3 of 3 Words underlined are additions; words str;aole through are deletions. -N O T� m 4c i ' i ;� S r g Hm 1 i Rio € 00 !G El El w t F I i. I f• I• jao � yy