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Agenda 11/13/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA November 13, 2007 9:00 AM Jim Coletta, Bee Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, Bee Commissioner, District 1; CRAB Chairman Frank Halas, Bee Commissioner, District 2 Fred W. Coyie, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO, 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1 of 15 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. October 10, 2007 - BCC/PUD Audit Workshop C. October 11, 2007 - BCC/LDC Meeting D. October 12,2007 - Value Adjustment Board Regular Meeting E. October 16, 2007 - BCC/LDC Special Meeting F. October 17, 2007 - Value Adjustment Board Special Magistrate G. October 18, 2007 - Value Adjustment Board Special Magistrate H. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate Bush I. October 19, 2007 - Value Adjustment Board Special Magistrate Meeting with Special Magistrate Pelletier 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation for the Collier County Medical Society. To be accepted by Michael G. Caputo, MD B. Proclamation for Farm-City Week to be accepted by: Bart Zino, BBQ Co-Chair and Cecil and Rita Howell. C. Proclamation for America Recycles Day in Collier County to be received by Dan Rodriguez, Director, Solid Waste and John Yonkosky, Director, Utility Billing and Customer Service. D. Proclamation for National Hunger and Homelessness Awareness Week to be accepted by Vann Ellison, Chairman of the Collier County Hunger and Homeless Coalition. E. Proclamation for Naples Unchained Day to be accepted by Lisa Boet, Founder and President of Naples Originals. 5. PRESENTATIONS A. Contractor Presentation - Collier County Emergency Services Center; Project 52160; Kraft Construction CM at Risk Contract 6. PUBLIC PETITIONS A. Public petition request to discuss Code Enforcement Order to demolish home at 1318 South Pear Street, Immokalee. B. Public Petition request from Pastor William A. Kirlew to seek an impact fee credit. C. Public Petition request from Susan L. Thompson to discuss the amended Willow West Stormwater Improvement Project. D. Public Petition request from William L. Klohn to address recommendation of the Affordable Housing Commission. 2 of 15 Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16 units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.PUDZ-A-2006-AR-9374 Naples Reserve, LLC, represented by Dwight Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A. requesting a rezone from a Planned Unit Development (PUD) to a Residential Planned Unit Development (RPUD) for a project known as the Napies Reserve Golf Club RPUD in order to add 602 units to the previously approved maximum of 552 units, for a total of 1154 residential units, eliminating the commercial acreage and 18 holes of the 36 hole golf course. The subject property, consisting of 688.1 acres, is located one mile north of US 41 and 1 112 miles east of CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida. (Companion to Item 10C) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.PUDA-2006-AR-10333, Stock Development LLC, represented by Richard D.Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting an amendment to the Lely, A Resort Community PUD to affect Phase 1 Tract 4 only. The amendment proposes a strike thru and underline of the existing PUD document to (1) amend Section 2.07: Permitted Variations of Dwelling Units - to exceed a variation of 20 percent of unit types, and (2) amend Section 5.02: Permitted Uses and Structures, to add up to 175 residential dwelling units, C-2 and C-3 uses, inorder to (3) provide for a mixed-use project. The subject property is located at the intersection of Triangle Boulevard and Tamiami Trail (US 41), in Section 34, Township 50, Range 26, Naples, Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-9577 Page VI, LLC, represented by Tim Hancock, AICP of Davidson Engineering, Inc., is requesting a Planned Unity Development (PUD) Rezone for the Della Rosa RPUD. The rezoning request is to rezone from Rural Agriculture (A) and Special Treatment (ST) Overlay zoning district to the Residential Planned Unit Development (RPUD) zoning district. The proposed RPUD is located within the Urban Mixed Use District which allows for a base residential density of 4 units an acre and the Growth Management Plan (GMP) infill provision allows for a maximum of three (3) additional units an acre. The RPUD proposes a density of up to seven (7) units an acre, for a total maximum of 107 multi-family residential dwelling units. The subject property consist of 15.38 acres and is located on the east side of Livingston Road, approximately 2 miles north of Immokalee Rd, in Section 13, Township 48 South, Range 25 East, Collier County, Florida. 3 of 15 9. BOARD OF COUNTY COMMISSIONERS A. Discussion by the Board members to consider delaying the increase in impact fees for approximately 6 months from January 2008. This request originates from correspondence received November 2, 2007 from The Greater Naples Chamber of Commerce President, Michael Reagen. The delay may benefit the current struggling building industry and provide incentive for the county's economy. (Commissioner Tom Henning) B. Appointment of member to the Environmental Advisory Council. C. Recommendation to declare 2 vacancies on the Immokalee Master Plan and Visioning Committee. D. Confirmation of appointment to the Collier County Planning Commission. E. Appointment of member to the Parks and Recreation Advisory Board. F. Board discussion regarding Commissioner Henning's resignation from the Canvassing Board of the Special Election. G. This item to be heard at 10:00 a.m. To initiate a discussion with the Board to get further direction and clarification regarding the County Attorney Recruitment Service Contract. 10. COUNTY MANAGER'S REPORT A. Recommendation to award Bid No. 07.4187 to D.N. Higgins, Inc., for the purchase and installation of two sand separator units for the North and South County Regional Water Treatment Plants (NCRWTP and SCRWTPj in the base bid amount of $1,442,800 and to approve the necessary Budget Amendment, Project 71052. (Oscar Martinez, Sr. Project Manager, Public Utilities) B. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of right- of-way and related easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard from the Golden Gate Main Canal to Golden Gate Boulevard and portions east on White Boulevard and west on Pine Ridge Road. Project No. 68056. Estimated fiscal impact: $8,927,000.00. (Jay Ahmad, Transportation/ECM Director) C. Recommendation to approve a Developers Contribution Agreement (DCA) between Naples Reserve, LLC, Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, Tousa Homes, Inc., Naples Golf Development, LLC, ABC Liquors, Inc., Naples South, LLC, NBC RV, LLC, NBC Land Holdings, LLC, Naples Big Cypress Market Place Limited Partnership, LLLP, Southern Development Company, Inc., RealtyNet Real Estate, LLC, Habitat for Humanity of Collier County, Inc., and MCKK Property Acquisitions, LLC (The Developers) and Collier County to construct improvements to the intersection of US41 with SR-CR951 and to construct a four lane road from this intersection continuing east on US41 for approximately two miles. (Companion to Item 8D) (Nick Casalanguida, Transportation/Planning Director and Jeff Klatzkow, Assistant County Attorney) D. Recommendation that the Board of County Commissioners provide direction to the County Attorney and the County Manager, or his designee, related to desired changes to the Charitable Organization Impact Fee Deferral Program (Amy Patterson, Impact Fee/EDC Manager, Community Development & Environmental Services Division) E. Recommendation to approve a Professional Services Agreement with HDR Engineering Inc., in the amount of $1,497,100.00 pursuant to RFP #07-4144 for engineering design and construction oversight services related to the construction of the North County Regional Water Treatment Plant 2-MGD Reverse Osmosis Expansion, Project Number 710022. (Tom Chmelik, Sr. Project Manager, Public Utilities) 4 of 15 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners consider adoption of a Resolution Superseding Resolution No. 98-498 Establishing a Uniform Policy Imposing Fees for the Inspection, Examination and Duplication of Public Records Pursuant to Section 119.07, Florida Statutes. B. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners approve a request from Mayor Hamilton and Ivey House of Everglades City for a Festival I Camping Permit to allow for a two-day camping and tourism event in the vicinity of Everglades City from December 1617, 2007. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ~...---------_.__._-----------------------------------.---------------.--.-------------.-.--.-.---------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --------------------------------------.---------------------------------------------------------------.---------------------_.-.---.--------------- A. COMMUNiTY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and utility facilities for Andalucia. 2. To accept final and unconditional conveyance of the water utility facility for The Meadows at Quail Creek. 3. Recommendation to approve final acceptance of the water and sewer utility facilities for Indigo Preserve. 4. Recommendation to approve final acceptance of the sewer utility facility for Regency Autohaus. 5. Recommendation to approve final acceptance of the water and sewer utility facilities for Heritage Bay Road and Sales Trailer 6. Recommendation to approve final acceptance of the water and sewer utility facilities for Gusto Bella Vita. 7. Recommendation to approve final acceptance of the water and sewer utility facilities for Santorini Villas. 8. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sandalwood, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 5 of 15 10. Recommendation that the Board of County Commissioners approve the replacement of an existing Subordination Acknowledgement for a lien held by Collier County pursuant to Collier County Ordinance No. 2003-61 due to a change in lender. 11. Recommendation that the Board of County Commissioners approve an impact fee reimbursement for Davis Crossings VIII, LLC totaling $302,326.84, due to the overpayment of Transportation Impact Fees 12. The petitioner, Irvine Dubow, is requesting approval of an Access Agreement to permit a 5.7- foot wide (tapering to 0.5 feet) encroachment into a ten-foot drainage easement in order to rebuild a screen cage enclosure for property located at 5901 Almaden Drive, described as the Vineyards Sonoma Lake subdivision, Unit 1, Lot 26, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. B. TRANSPORTATION SERVICES 1. Recommendation to approve Change Order #4 to add $726,246.00 for continuing Inspection Services for Aim Engineering & Surveying, Inc. under ITN 04-3583 CEI Services for Collier County Road Projects for Project No. 63051 Vanderbilt Beach Road from Airport Road to Collier Boulevard. 2. Recommendation to Approve the purchase of 2.5 acres of improved property (Parcel No. 199) of which approximately 0.379 acres is required for the construction of the Vanderbilt Beach Road Extension Project No. 60168 (Fiscal Impact: $406,600.00) 3. Recommendation to approve a Resolution which authorizes the Chairman to execute Amendment No.1 to Florida Department of Transportation Joint Project Agreement FM #1 g5403-2, increasing the funding available for Ethernet conversion and extending the project deadline to June 30, 2008. 4. Recommendation to approve release of 50% of retainage in exchange for dismissal with prejudice of the claim for retainage plus accrued interest and costs filed in the lawsuit entitled John Carlo, Inc., vs. Collier County, Florida, Case No. 07-2797-CA. 5. Recommendation to award Bid No. 08-5000, Victoria Park West Stormwater Outfall Improvements to Mitchell & Stark Construction Co. Inc. in the amount of $427,310.00; Project 511371. 6. Recommendation to approve a design modification to the interchange of 1-75 and Immokalee Road. 7. Recommendation to adopt a Resolution and approve submittal of a Highway Beautification Grant to the State of Florida Highway Beautification Council for landscaping on 951 (Manatee Road to Mainsail Drive) in unincorporated Collier County. C. PUBLIC UTILITIES 1. Recommendation to approve as ex-officio the governing Board of the Collier Cou nty Water- Sewer, to subordinate its utility easement rights along U.S. 41, Section No. 03010-2542, to Florida Department of Transportation for purposes of road construction. 2. Recommendation to Award Bid # 07-4191 Annual Contract for Emergency & Scheduled Sewage Hauling to Southern Sanitation, Inc. in the Estimated Amount of $70,000 6 of 15 3. Recommendation to approve a budget amendment to transfer funds in the amount of $900,000 from East Central Water Reclamation Facility Project to the Northeast Irrigation Quality Pipeline Project, to fund a subsequent change order # 08 to Transportation contracts with APAC Southeast, Inc. # 02-3419lmmokalee Road Six Lane Widening from CR951 to 43rd Avenue NE and Johnson Engineering contract 04 -3583 Professional CEI Services for Immokalee Road Six Lane Widening from CR951 to 43rd Avenue NE to install 9,720 linear feet of Irrigation Quality pipe from Collier Boulevard to the east along Immokalee Road, Project 74311. 4. Recommendation to approve a Commercial Demand Reduction Rider (COR) Agreement with Florida Power & Light Company (FP&L) for the electrical service to the South County Regional Water Treatment Plant (SCRWTP) reverse osmosis treatment system for a potential annual savings of more than $70,000. 5. Recommendation to approve of the purchase and installation of four Allen-Bradley Variable Frequency Drives in the amount of $464,585.00 for the Carica Pump Station VFD and Electrical System Upgrades, Project Number 710601. 6. Recommendation to award Bid No. 08-5010 to JWC Environmental for the purchase of two ,replacement channel screen systems at the South County Water Reclamation Facility in an amount not to exceed $370,250.00 under Project No. 73969. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Collier County Housing Development Corporation (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Parcel 73 East, Copeland. 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 131, Trail Ridge. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 132, Trail Ridge. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordabie housing unit located at Lot 133, Trail Ridge. 5. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Coliier County, inc. (Deveioper) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 134, Trail Ridge. 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Coliier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 135, Trail Ridge. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 136, Trail Ridge. 7 of 15 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 137, Trail Ridge. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 138, Trail Ridge. 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 155, Trail Ridge. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 156, Trail Ridge. 12. Recommendation to approve Change Order No.1 in the amount of $85,900 for additional design services for Big Corkscrew Island Regional Park (a/kia Orangetree Regional Park) under Work Order No. WMI-FT-3290-06-03 to Wilson Milier. 13. To present to the Board of County Commissioners a summary of the impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 14. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of 100% of Collier County impact fees for an 8 unit owner-occupied affordable multi-family housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay Commons (9055 Gervais Circle) and authorizes a reimbursement of the fees paid by the developer on Building Permit 2007041638 in the amount of $146,064.64. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of 100% of Collier County impact fees for a 10 unit owner-occupied affordable multi-family housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay Commons (9051 Gervais Circle) and authorizes a reimbursement of the fees paid by the developer on Building Permit 2007061061 in the amount of $184,888.18. 16. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Leonardo Diaz Paret and Riselda Diaz Lujan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 117, Trail Ridge. 17. Recommendation to approve and authorize the chairman to sign an an agreement between Collier County Parks and Recreation and the Early Learning Coalition and to authorize the Director of Parks and Recreation to sign in subsequent years. 18. Recommendation to approve the submittal of the attached University of Florida Family Nutrition Program grant in the amount of $208,895 to provide nutrition education throughout Collier County. 8 of 15 19. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement and Tri-Party agreement with Crestview Park II, Ltd. (Developer) for deferral of 100% of Collier County impact fees, in the amount of $1,208,596.45, for a 96 unit multi-family affordable rental housing project located at Crestview Park Apartments, Phase II. 20. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dezilia Vital (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 19, Trail Ridge. 21. Recommendation to approve Conveyance Agreement with the School District of Collier County Florida and the Board of County Commissioners for construction of a utility building and chiller plant for the Immokalee Career Center (ICC). 22. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Fresnel Gabriel and Solange Gabriel (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 125, Trail Ridge. 23. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Vivian Alonso (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 127, Trail Ridge. 24. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lennar Homes LLC (Developer) for deferral of 100% of Collier County impact fees for an 8 unit owner-occupied affordable multi-family housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay Commons (9059 Gervais Circle). 25. This item continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $415,000.00 to One by One Leadership Foundation for infill in order to support the construction of housing units. 26. This item was continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $293,934.00 to S1. Matthews House, Inc. for hurricane hardening of its shelter. 27. This item continued from the October 23,2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for a $442,000 State Housing Initiative Program (SHIP) loan to Eden Gardens Apartments, Limited Partnership, A Florida Limited Partnership to assist in funding the construction of a 55 unit, multi-family rental housing compiex for legal migrant and seasonal farmworkers in Immokalee. 28. This item was continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Home Investment Partnership Program (HOME) Subrecipient Agreement with Big Cypress Housing Corporation providing for a grant in the total amount of $250,000.00 for the construction and/or installation of fire sprinklers for a 55-unit, multi-family rental housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal farm workers in Immokalee. 9 of 15 29. This item was continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign. a Subrecipient Agreement providing a Community Development Block Grant in the amount of $250,000 to Fun Time Early Childhood Academy, Inc., for site development in preparation for construction of a new Fun Time Early Childhood Academy within the George Washington Carver and River Park communities in the City of Naples. 30. This item was continued from the October 23, 2007 meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $664,000.00 to Immokalee NonRProfit Housing, Inc., for hurricane hardening to the Sanders Pines and Timber Ridge rental apartment complexes in Immokalee. 31. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and CDJ Investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordabie housing unit located at West 75 of the East 150 of Tract 23, Unit 47, Golden Gate Estates. 32. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and CDJ investments, LLC (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit iocated at East 75 of the East 150 of Tract 40, Unit 79, Goiden Gate Estates. 33. This item was continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI) funding in the amount of $374,545.00 to The Empowerment Alliance of Southwest Florida, Inc., for infrastructure to support construction of 15 single-family homes in Immokalee, to be known as Hatchers Preserve, intended for low income, first time homebuyers and families displaced by Hurricane Wilma. 34. This item continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $116,079.00 to the City of Naples to fund improvements to the George Washington Carver and River Park communities and the Fun Time Early Childhood Academy. 35. This item was contined from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $1,000,000 to Habitat for Humanity of Collier County, Inc., for installation of infrastructure to support 204 home sites for Kaicasa Phase I in Immokalee. 36. This item was continued from the October 23, 2007 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI) funding in the amount of $124,923.00 to the Collier County Housing Development Corporation for purchase and Installation of two back-up generators for the sewer lift station and the water treatment plant in Copeland. 37. Recommendation to approve a Domestic Animal Services Donation Trust Fund Budget Amendment in the amount of $8,600 to Recognize Carryforward Revenues from FY2007 10 of 15 E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a Lease Agreement with Palm Lake Investments for the State of Floridas Conflict Resolution Office with a first years rent of $32,190. 2. Recommendation to approve the entry into a Lease Agreement for the existing Confined Space Gas Monitor System Countywide that will result in a savings of approximately $27,212.64 to the County, as compared to current program costs. 3. Recommendation to approve a Hazard Mitigation Grant Program (HMGP) agreement between the State of Florida Division of Emergency Management and the County for a Multi-Structure Shutter Project and approve the associated budget amendment. 4. Recommendation to amend the previously approved carry forward budget amendment to recognize $555,035.85 in funds appropriated and encumbered for the purchase of three ambulances ordered, but not received in the 2007 fiscal year. 5. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 6. Recommendation to authorize the conveyance of an Easement to Florida Power and Light Company (FPL) for the installation of electric facilities to provide electric service for the Emergency Services Center and the South Regional Library located on Lely Cultural Parkway, at a cost not to exceed $27.00, Projects 52160-3 and 54003.1. F.COUNTY MANAGER 1. That The Board Of County Commissioners Of Collier County, Florida, As The Governing Board of Isles of Capri Municipal Rescue and Fire Services Taxing District Adopt a Resolution Accepting a Donation of a 25-Foot Boston Whaler Challenger With Trailer From Capri Fire And Marine Rescue Benefactors Inc., a Nonprofit 501 c3 Corporation, as a Valid Public Purpose. 2. Recommendation to approve the necessary budget amendment in the amount of $58,000 to purchase equipment to outfit fire apparatus. 3. That the Board of County Commissioners, as the Governing Board of the Ochopee Fire Control District, adopt a Resolution accepting a donation in the amount of $9,014.31, and any subsequent distributions, from the Estate and/or Trust of Della E. Reynolds on behalf of the Ochopee Fire Control District. 4. Recommendation to adopt a resolution approving budget amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget. 5. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $1,323,000, from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the purchase of a radio location system; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 11 of 15 6. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $4,509,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the upgrade to the 800 MHz Radio System; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available nonaad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 7. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $2,642,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Collier County Fleet Facility; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 8. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $4,693,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Golden Gate Library Expansion; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 9. Recommendation to officially approve Collier County's 2008 State Legislative Priorities and direct the Commission Chairman to present them to the Collier County Legislative Delegation on November 28, and direct the County Manager to provide them to the county's state lobbyist who will represent the county's interests in Tallahassee through the 2008 Legislative Session. 10. Recommendation to the Board of County Commissioners to authorize the preparation of a Capital Improvement Plan for the Immokalee Urban Designated Area. (Companion item to 16G1 and to be considered following action on 16G1) G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. To obtain Community Redevelopment Agency approval of the recommendation of the Immokalee Master Plan and Visioning Committee and Immokalee Local Redevelopment Advisory Board to authorize the preparation of a capital improvement Plan (Companion to 16F10) H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend The Friends of the Library's 50th Anniversary Gala Celebration on Friday, November 30th and Sunday, December 2, 2007, at the Collier County Library Headquarters; $200.00 to be paid from Commissioner Fiala's travel budget. 12 of 15 2. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 20th Anniversary Celebration & Conference of Dawn Litchfield and Dennis Nelson on Wednesday, November 7, 2007, at the Naples Beach Hotel; $50.00 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid puplic purpose. Attended the League of Women Voters of Collier County October Luncheon on Monday, October 15, 2007, at the Collier Athletic Club; $20.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for a function serving a valid public purpose. Will attend The Salvation Army's Red Kettle Campaing 2007 Luncheon on Friday, November 16, 2007, at The Vineyards Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the EDC Pre-Legislative Lunch on Wednesday, November 28,2007 at the Club at the Strand; $40.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Collier Citizen of the Year 2007 Dinner on Thursday, November 15, 2007, at the Elks Lodge; $35.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the United Arts Council Celebrate the Arts Month Kick off Party on Saturday, November 10, 2007, at the Club at Naples Bay Resort; $50.00 to be paid from Commissioner Fiala's travel budget. 8. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Living Christmas Trees on Thursday, December 6, 2007, at the First Baptist Church Naples; $7.50 to be paid from Commissioner Fiala's travel budget. 9. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the National Multiple Sclerosis Society (NMSS) Naples Holiday Part on December 11,2007 at the Glades Country Club. $18.95 to be paid from Commissioner Coletta's travel budget. 10. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Will attend the EDC Pre-Legislative Lunch on Wednesday, November 28, 2007 at the Club at the Strand; $40.00 to be paid from Commissioner Coietta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Request that the Board of County Commissioners Consider the Adoption of an Ordinance to Regulate Security of Certain Convenience Store Businesses to Protect the Physical Security of Convenience Business Retail Employees and Individuals who Patronize such Businesses. 13 of 15 2. To obtain Board approval for disbursements for the period of September 29, 2007 through October 05, 2007 and for submission into the official records of the Board. 3. To obtain Board approval for disbursements for the period of October 06, 2007 through October 12, 2007 and for submission into the official records of the Board. 4. To obtain Board approval for disbursements for the period of October 13, 2007 through October 19,2007 and for submission into the official records of the Board. 5. To obtain Board approval for disbursements for the period of October 20, 2007 through October 26, 2007 and for submission into the official records of the Board. 6. To obtain Board approval for disbursements for the period of October 27, 2007 through November 2, 2007 and for submission into the official records of the Board. 7. Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2006 through September 30, 2007. 8. Recommend that the Collier County Commission endorse the United States Department of JusticelDepartment of Treasury Federal Equitable Sharing Annual Certification Report. 9. Recommendation to approve an Interlocal Agreement for Election Services between the City of Everglades, Collier County Board of County Commissioners and the Collier County Supervisor of Elections to provide services and voting equipment to be used by the City of Everglades for its election to be held on November 27, 2007, and for authorization for the Chairman of the Board of County Commissioners to sign. 10. Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. 11. Recommendation to Approve a Budget Amendment providing $37,000 for the Clerk of Courts to provide Accounting/Financial Services for the Supervisor of Elections in FY 08. K. COUNTY ATTORNEY 1. Recommendation for the Board of County Commissioners to Approve Amendment No.1 to the Retention Agreement with the Law Firm of Garvin & Tripp, P.A. and ratify prior payments made under the original Agreement to Garvin & Tripp, P.A. for paralegal services. 2. Recommendation to approve a Stipulated Final Judgment in the amount of $29,600.00 for the acquisition of Parcel 739 in the lawsuit styled Collier County v. First National Bank of Naples, Inc., et ai., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact: $61,454.70. 3. Recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a business damage counteroffer to settle a claim for business damages by Santa Barbara Fuels, Inc. associated with the acquisition of Parcels 104 and 604 in the lawsuit styled Collier County v. Highland Properties of Lee and Collier Limited, et ai., Case No. 06-0563- CA (Santa Barbara Boulevard Project #62081). (Fiscal Impact: $70,000.00, if accepted). 4. Recommendation to Approve an Agreed Order for Payment of Expert Fees and Costs in Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et ai., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $27,500.00. 14 of 15 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2007-AR-11778 (JDM) Gene Silguero of GMC Home Builders, representing himself, requesting an after-the-fact Variance from the required minimum 25-foot front yard setback for the Residential Multifamily - 6 (RMF-6) Zoning District as provided for in Section 4.02.01.A. Table 2.1 of the LDC. The 0.34 acre site contains a single-family dwelling that is currently under construction and has a 23-foot, 9-inch front yard setback. The subject property is a corner lot located at 505 Madison Avenue, northwest of the intersection with Glades Street, New Market Subdivision, Lot 6, Block 19, Section 33, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. B. Recommendation that Board of County Commissioners approve an ordinance amending Section 6 of Ordinance No. 2004~62 by providing for a two-year extension of the term of the Immokalee Master Plan and Visioning Committee from December 31, 2007 to December 31, 2009. c. This item to be continued to the December 4, 2007 Bee special meeting due to the continuance of this item by the Collier County Planning Commission to their November 1, 2007 meeting. CPSP-2007.7 Transmittal of the Public School Facilities Element and support document, Growth Management Plan amendments to the Capital Improvement Element and Intergovernmental Coordination Eiement and Interlocal Agreement for Public School Faciiity Planning and School Concurrency to the Florida Department of Community Affairs. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from October 23, 2007 BCC meeting. Recommendation that the Board of County Commissioners amend Ordinance No. 2004-58 (the Collier County Property Maintenance Code); Amending Section Four, Definitions; Amending Section Seven, Rental Registration and Procedures; Amending Section Nine, Inspection of Structures and Premises; Providing for Inclusion in the Code of Laws and Ordinances; Providing for Conflict and Severability and Providing an Effective Date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 of 15 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING. 2007 November 13. 2007 Item 8A continued to the December 11. 2007 BCC meetina: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi Williams, A1CP of Q. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16 units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake- Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Item 10C: Note that this item is a companion to Item 8B, rather than 8D. (Staff's request.) Item 16B3: The Resolution title as shown on page 4 of 16 should read: "Resolution No. 2007- _" rather than Resolution No. 2008-_. (Staff's request.) Move Item 16E1 to 10F: Recommendation to approve a Lease Agreement with Palm Lake Investments for the State of Florida's Conflict Resolution Office with a first years rent of $32,190. (Commissioner Coyle's request.) Withdraw Item 16H8: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Living Christmas Trees on Thursday, December 6, 2007, at the First Baptist Church Naples; $7.50 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move 16J1 to 13A: Request that the Board of County Commissioners Consider the adoption of an Ordinance to regulate security of certain convenience store businesses to protect the physical security of convenience business retail employees and individuals who patronize such businesses. (Commissioner Fiala's request.) Time Certain Items: Item 9A to be heard at 11 :00 a.m. Discussion by the Board members to consider delaying the increase in impact fees for approximately 6 months from January, 2008. This request originates from correspondence received November 2, 2007 from The Greater Naples Chamber of Commerce President, Michael Reagen. The delay may benefit the current struggling building industry and provide incentive for the county's economy. (Commissioner Henning.) (Commissioner Coletta's request for time certain.) Item 9G to be heard at 10:00 a.m. To initiate a discussion with the Board to get further direction and clarification regarding the County Attorney Recruitment Service Contract. Item 12B to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners approve a request from Mayor Hamilton and Ivey House of Everglades City for a Festival/Camping Permit to allow for a two-day camping and tourism event in the vicinity of Everglades City from December 16-17, 2007. Agenda Item No. 4A November 13, 2007 Page 1 of 2 PROCLAMA TION WHEREAS, the Collier. County Medical Society Is celebrating its Fiftieth Anniversary of service to the citizens of the County: and. WHeREAS, the Collier County Medical Society I~ dedicated to serving as physician advocates in promoting the highest standards in public health, medical education and ethics; and access to affordable healthcare in Col/ie:r County: and, WHEREAS, the Collier County Medical Society was chartered by the Florida Medical Association In 1957 with these founding members,' Dr. James Craig, Dr. Reider Trygstad, Dr. /.,oral F. Gwaltney, Dr. Ethel Trygstad, Dr. Daniel B. Langley, Dr. John Meli, Dr. William Bailey, Dr. John Garland, Dr. Kenneth E. Snyder, and Dr. Farren Hinton: and, WHEREAS, over the last 50 years, the Collier County Medical Society has grown to over 500 physician members representing. all s~ciDlties,' and has become a strong, organized force lobbying for legis/tition that addresses heolthcare access and pratecting the professionalism of physicians: and. WHEREAS, the 5C1' President of the Collier County Medical Society, Michael G. Coputo, MD. along with Officers Joseph Gauta, MD, James V. TolanD, MD, Alina K. Stanciu, MD, and Charles J, Anderson, MD, are proud to serve the medical community in this anniversary year. - NOW THEREFORE, be it procloimed by the Board of County Commissioners of Collier County, Florida, that. the Collier County Medical Society be recognized for its accomplishments and achievements in buJ1ding Q strong and sustainable medical community in Collier County. DONE AND ORDERED THIS 13th Day of November, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E BROCK, CLeRK -- Page 1 ofl Agenda Item No, 4A November 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A Meetlng Date: Proclamation for the Collier Count,' Medical Society To be accepted by Michael G Caputo, MD 11/13/2Q079:0000AM Prepared By PaulilSprings Board of County Commissioners Exec:utive Aide 10 tile BCC Date Becomce 10111/200710:46:01AM Approved By Sue Filson Executive Manager to the BCe Date 8oardofCounty Commissioners BCC Offlce 10/11120011:11 PM Approved By James V Mudd County Manager Date Board of County Commissioners County Manager's Office 10!30/20079:10AM file' IIC.\AlJen(hITf':<:t\Fxnm1\q)-NnVf'mh!~T%?011 %?O?007\()4 1l/,,7()PROr! A MA TTnNS\4 11I7n()(17 Aoenda Item No. 4B November 13, 2007 Page 1 of 2 ~ PROCLAMA TION WHeReAS, November 18" through 24'" is Notionol Form-City Week, 0 time set asiae to recognize and honor. the contributions af the Couirtry's agriculturalists and to strengthen the bond between urban and rural citizens~' and, WHeREAS, in Collier County the highpoint of Farm-City Week is the annual Farm-City Barbecue, sponsored by Collier County's University extension and a committee of volunteers: and, WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300mi/lion annually,' and, WHEREAS, twenty-two percent of Collier County is uti/;zed for agriculture, providing vital ecological benefits, including habitat for wildlife and recharge area for our aquifer: and. WHEREAS, the Board of Collier County Commissioners supports local agriculture through programs including cooperation with the University of Florida/ IFAS Extension Service,- and. WHEREAS, Z007 marks the 5? year of the National Farm-City Partnership.. one/, WHEREAS, we encourage all citizens to pause to recognize the contributions of our local farmers and ranchers to our economy, our food supply, and our society: and, .-- WHEREAS, today we honor Cecil and Rita Howell as this years ''Farm Family" of the year for their numerous years of tireless commitment and dedication to Collier County and its agriculture. NOW THeReFORE, be it proclaimea by the Board of Caunty Cammissloners of Collier County, Florida, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this County's agriculturalists, and that November .1 t1* through ZJffh be designated as Farm-City Week DONe AND ORDeReD THIS 13th Day of November, 2007. BOARD OF COLlNTY COMMISSIONeRS COLLIeR COLlNT'Y. FLORIDA EM COLCTTA, CHAIRMAN A TreST: DWIGHT e. BROCK, ClERK .-- Page 1 of I Agenda Item No. /,8 November 13, 2007 PageLo'2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 'B Meeting Date: pwc;lamolllon for Farm-City Week lc tJe acc;epted by Bar; Zir_o, BE';O CQ-Chair cmd Cecil find Rita Howell 11113/20Q7 9,00 OOAM Item Summary: Prepared By Paula Springs Board of County COmmiSllioners E~ecut,ve AIde to tne BCC Date BCCOffice 10/251200713.5:10 PM Approved By Sue Filson Executive Mnnagerto the BCC Date BonrdofCounty Commissioners BCCOffice 10/2GI20077:55AM Approved By James V Mudd County Manager Dale Board of County Commissioners County M~nager's Office 10:30/200711:51 AM file:/f("\Aj:lennaT~"t\Fxn()rt\g/-Nov~mher%/()11 %/O?007\n4 %?nPRO('1 "A. Mil. TIONS\4 11/7/?0()7 .'.'-~---r-"-"- Aaenda Item No. 4C November 13, 2007 Page 1 of 2 ~ PROCLAMA TION Wf-IEREAS, Collier County recognizes the importance of protecting and preserving our natural resources and works to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer, and healthier environment: and. Wf-IEREAS, The National Recycling Coalition launches its eleventh annual campaign to promote the social, environmental, and economic benefits of recycling and buying recycled products on America Recycles Day, November 15, 2007; and, Wf-IEREAS, the citizens of Collier Caunty have the opportunity to join millions of people across America in making a positive difference in reducing water and air pollution, conserving natural resources, and saving energy by recycling and buying recycled products; and, Wf-IEREAS, the Public Utilities Solid Woste Management Department and Utility Billing & Customer Service Deportments, under the direction of the Collier County Board of County Commissioners, have worked diligently to develop a multifaceted recycling program as a way to preserve va/uable landfill space and conserve natural resources: and, - Wf-IEREAS, Collier County government and the Board of County Commissioners wish to recognize and commend the citizens of Collier County for their admirable recycling efforts, their positive contribution to the preservation of. valuable landfill airspace, and for their contributions to the conservation of our natural resources. NOW Tf-IEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 15, 2007, be designated as America Recycles Day ;n Col/;er County Collier County wishes to join the rest of America in maximizing awareness and celebration of this day. DONE AND ORDERED Tf-IIS 13th Day of November, 2007, BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA JAMES COLETTA, Cf-IAIRMAN A TrEST: DWIGf-IT E. BROCK, CLERK - Page J of 1 PIgenda Item No. 4C November 13, 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS Item Number; 4C Meeting Date; Proclamation for America Fecycles Day in Collier County to be received by Dan Rodriguez Director Solid Waste and John Yonkosky Director. Utility Bllllflg and Customer Selvlce 1',,';3/20079 0000 ,AM Item Summary: Prepared By Paula Springs Board of County Commissioners E:o.ecutive Aide to tile BCC Date BCCQffice 111212D01347:02PM Approved By $ueFilson E:o.ecutivc Manager to the Bee Date Board of County Commissioners BCCOffice 11/2120073:48 PM Approved By JamesV. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/2120075:54 PM file:l/C:\A l!enrl<lTest\FxnnT1\92. Nnv~mherolr.7Ol '1 1);;,20)007\04 %20PROrT ,A MA llONS\4 11/712007 Agenda Item No. 4D November 13, 2007 Page 1 of 2 PROCLAMA TION WHEREAS, for tho past several years tho National Coalition for tho Hom.l.ss and National Student Campaign Against Hunger and Homelessnsss have sponsoNd National Hunger ana Homelessness Awareness Week,' and. WHEREAS, the purpose of. the proclamation is to educatf: the public abcut the many reasons people are hungry and homeless and at risk of hamelessness including the shortage of offord able housing in. Collier County fQr very low income residents.: and to encourage support for homeless assistance service providers as well as community service oppcrtunities for students and schoo/ service organizations,' and, WHEREAS, there are many organizations committed to sheltering, providing supportilie services 0$ well as meals and food supplies to the homeless including: Assembly of God Campus of Core, Catholic Charities, David LaWN"<< Center, Collier County J.{(}lJsing and Human Services, Collier County Hunger and Homeless Coalition, Harry Chapin Food Bank, Immokalee Friendship Hoose, local religious affi'liates, Salvation Army, SheltlJr fDr Abused Women, St. Matthews HDuse, St. Vincent de Paul, Youth Haven: ane/, WHEREAS, the theme of National Hvnger and Homelessness Awareness Week 2007 is HBringing America Home ": and, WHEREAS, ;~.\-~~ Homele'Sl\ Ctiun't iO um'~,f,.~.r,.;l',U.jIi'.,..~.r_-rJi~)t2/r, '/3' ' ~J ':~":'i!; ~5'lo:~...-:::".:;, ~~..... , rl'.-;. _' _ ._".<,.,\-....--.{-::._ ~. C SchDe7~,:~~itfitl~.~:,~:~?P!Jft-:.f!!.-t540 n who were lacking a adollU,t/:!!ighlf~,~\,ff!/,l!{nC~r/a;,d. f I~~;::"-::"'l-' ','"' ~~:<\ ' 01 J./ungelr ana Home/~ss~~ss Awarenes;'- ee .is consistent with t.t..;lliLJ ";\o\ii~\r"" ~'~~-"';;t~Jt Collier....c,oull:fy. !iungeftapii Homeless, 'tlim and local shelters: '(. 1[\.1:" ,~ q...;:J.. ,J ~ "~e ~1;Ls:- WHEREAS, "u,rger and homelessness continues , n Collier County.' and, WHEREAS, ~. WHEREAS, WHEREAS, NOW THeREFORE, b. it proclaim. Florida, that November 11- ssioners of Collier County, noted as National Hunger and Homelessness Awareness Week DONE AND ORDERED THIS J 3th Day of Novombor, 2ooT. BOARD OF CO(/NTY COMMISSIONERS COLUER CO(/NTY, FLORIDA JAMeS COLETTA, CHAIRMAN ATTEST: CWIi?HT E. SROCK, CLERK ~ Page 1 of 1 Agenda Item No. 40 November 13, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 40 Prodamatior1 for National '-lunger and Homelessness Awareness \l\Ieek to be accepted by Vann Elilson. Chairman of the Collier County Hunger and Hom81ess Coalition Meeting Date: 1111312007900,00 AM Prepared By PlltriciaAmodei AdminiSlrative Aide to the BGG Date BoardofCounly CommiS5ifll1erS Bce 11111200710'SG:50AM Approved By Sue Filson Ex\>cutlve Manager to the BCC uate Board of County Commissioners Bce Office 11111200711:1\ AM Approved8y Jame!>\'. Mudd County Manager Dale BoardofCollnty Commls:>ioners County Manager'!> Office 11111200711:31 AM fi1e./tr'\AVFmlHTF"t\Fxnnrt\Q?-Nnvf'mhpr%7()1~ %7(l?f\()7\()4 o,{'7()PRnrl A 1\J1A TTnN~\.d Tl17nflfl7 Agenda Item No. 4E November 13, 2007 Page 1 of 2 PROCL A MArION WHCREAS, as an affiliate of the American Independent Business Alliance, members of Naples Originals, an ossociation of 41 independent locally-owned and operated restaurants, are calling upon the citjzens of the Collier County to recognize the first annual Naples Unchained Day, part of America Unchained, a national campaign of the American Independent Business Alliance; and.. WHEREAS, an Saturday, November 17, 2007. the Naples Originals, along with independent retailers and owners of other locally-owned and operated businesses, ask the cinzens of Collier County to shop only in locally-owned and operated businesses for the entire day; and. WHEREAS, Collier County encourages 01/ of its citiuns to unchain on November 1'0 2007 and do any business they plan to do that. day only at locally-owned, independent businesses thereby demonstrating that their personal s~nding decisions affect the whole community and greatly impact the local economy: and, WHEREAS, many. studies conducted in different communities throughout the United States have determined that locally-owned and operated, independent businesses create approximately three and one-half times more local economic activity than do corporate chains. This translates int" increased economic impact f"r the Naples community: and, WHEREAS, the Naples Originals celebrate local businesses. born of the passion of our dedicated business owners, and are intent upon preserving the unique . flavors and the original ambience in the City of Naples & Collier County, which make our cdy 0 better place to live and a charming place to visit. ' -- NOW THEREFOR€, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 17, 200'7. be designated os Naples Unchained Day and call upon 011 our citizens to join us in supporting the independent locally owned and operated businesses whl1e puttinG more money bock into the local economy and preserving the uniqueness of Naples. DONE AND ORDERED THIS 13th Day of November, 2ooT. BOARD OF COIJNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA JAMES COLETTA, CHAIRMAN A ?TEST: DWIGHT E. BROCK, CLERK ,-. Page I of 1 Agenda Item No. 4E November 13, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4E MeetIng Date: ProclamatIOn tor Napies Unchained Day 10 be accepted by Lisa Boet, Founder and President cf Naples Origmals 11/131200790000AM Prepared By PaLJlaSpnngs BoardofCoLJnty Commissioners EXDcutlveAide 10 the BCC Date BCCOflice 11/2/20073.26,24PM Approved By Sue Filson Executive Manager to the BCC Date BOllrd Of County Commissioners BCCOt/ice 1112120073:33 PM Approved By Jam"'';V. Mudd County Monager Date Board Of County Commissioner,; County Managers Office 11/2120075:53PM file://C:\Al!endaTest\Fxnort\92- Nflvem her%20 11 %202007\04.o/;:'20PROn .A M A TTONS\4 11170007 Agenda Item No. 5A November 13, 2007 Page 1 of 3 CONTRACTOR PRESENTATION FORM Board Presentation Date: NOVEMBER 13, 2007 Contract Number. Proiect Title. Proiect Number: Contract 4500030516; Collier County Emergency Services Center; Project 52160 Finn Name: Kraft Construction Company, Inc. Proiect Manal!er: Chris Dill Proiect Description: Site preparation and building construction of a 129,543 sq.ft., 4 Story, Emergency Services Center Complex. The site and structure are designed to withstand 175+mph hurricane force winds, and storm surges to 22.5 feet. The building will house the Collier County Emergency Operations Center (EOC), Bureau of Emergency Services, Emergency Medical Services (EMS) Department, Collier County Sheriff's 911 Call Center, a Collier County Sheriff Substation, Collier County IT Back-up Center, Public Information/Media Studio, and Joint-Use Training Facilities. .-- Oril!inal Start Date: Concept Phase: 10/2000 Design: 6/24/03 Construction: 2/8/2007 - Site Preparation Oril!inal Pro!. Completion Date: 2005 Revised Proi. Completion Date: 3/2009 Reason(s) for Variance: Design development to encompass iessons learned from Hurricanes Charley, KatJina & Wilma; increased scope due to site changes, increased fill quantities, FEMA & State requirements; and construction cost escalation. Actions Planned/Taken to Minimize Variance: Value engineering changes to reduce construction schedule by 3 months. Ori!!inal Proi. Bud!!et: $20,440,000 (Preliminary - Order of Magnitude) Revised Bud!!et: $55,434,620 Reason(s) for Variance: Design development to encompass lessons learned from Hurricanes Charley, Katrina & Wilma; increased scope due to site changes, increased fill quantities, FEMA & State requirements; and construction cost escalation. Actions Planned/Taken to Minimize Variance: Value engmeenng changes to reduce costs. Current Proiect Status: Design; 99%; Site Work: 85%; Building Construction: 19% ,- Agenda Item No. 5A November 13, 2007 Page 2 of 3 Agenda Item No. 6A November 13, 2007 Page 1 of 1 COlliER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34111. (239) 774-8383 . FAX (239) 774-4010 October 19, 2007 Mr. Jacob Gallegos 1318 South Pear Street Immokalee, FL 34142 Re: Public Petition Request to Discuss Code Enforcement Order to Demolish Home at 1318 South Pear Street Dear Mr. Gallegos: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 13, 2007, regarding the above referenced subject. ~ Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Fioor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~~ James V. Mudd County Manager JVMIjb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Michelle Arnold, Code Enforcement Director - wI! Ii 1(3) 0 7 COUlER COUNIY MANAGER'S OFFICE 3301 East Tarniarni Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 October 19, 2007 Mr. Jacob Gallegos 1318 South Pear Street Immokalee, FL 34142 Re: Public Petition Request to Discuss Code Enforcement Order to Demolish Home at 1318 South Pear Street Dear Mr. Gallegos: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 13, 2007, regarding the above referenced subject. ( Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the governrnent complex. Please arrange to be present at this meeting and to respond to inquiries by Board membEirs. If you require any further information or assistance, please do not hesitate to contact this office. SinCerely, ~~ James V. Mudd County Manager JVMljb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Michelle Arnold, Code Enforcement Director aCT-17-2007 18:22 FCB J MMOKALEE 9416572393 P.03/04 ~Qe~ (V Reauest to Soeak under Public Petition ( Please print Name: :T o..ooD -f1().,\ ~O S Address: \'8 \~' SC).k;\-h Pw...r S+. T~~\.eQ R.. B414d- (,~;'')f'~,i,<,j'~~'''':'~.l'', 1 Phone: ~415b3 'lfa~O Date of the Board Meetinq YOU wish to SDellk: .b1o\f eYnbeJr .em! ( Please eXDlaln In detsilthe action YOU are askina the Commission to take (attach additional Daae if necessary): uJe ax~ ~0Cj -\-tvz.. 1Xnrd -1c \e-\-+\'w s-\1,^-c...mK. 6-\0-~ ;\t'~s 'OS hl.lY- honvz.., whe.\-€. 1}J.e. \l\.e... ,w\~re. ~~ a I(il 'CCdSil~ CJI,.lr c..\"\\ \d~-e\1 . \1\i~ !os "JhCl t 'n'-\ ~-\i)ey- W 'u'd..fer a.t\ 0+ ""6 \~..fe. ~m"'l w\>e\-e.., he. (U..i~d h't's ~~\~) Q.\\ q o-\- u.~, (U\.o... \\'"'\ a.. \\'\Cl.-K<v o+- ,no,s I \Ne. a'Y(.... b:eit1S ~\t..!2 ct -to d-e.mo\.t Sn l't-. -n"\ i '5 \ 'lCil1~ nus 60 \,-.. C;\Documents .nd SettiI9\CGa1Jltg~~QJI s.tti"lil,\Tempg:l1uy Internet Files\Ol,J(2BPl.lblio PetitiCJn Req~t "'" Forml.ljo(; tfJ2e.. ~~IZ... 2-/ L Cc;n.-nnI1JLcL pcT-1?-2007 18:22 FCB 111'1Cl<ALEE 9416572393 P_04/04 '-Q5.e.l?) Reauest to Soeak under Public Petition ( Please print Name: :s~,:). bat~6S. Address: \'0 \~ $6\J...4t") ~-'2W- S-f-'c:e.e.+ TW\~f'\~.e, FL. 34-14 ~ Phone: 2-~'i:"'f5'Z)3. 40-&0 .. . Date of the .~a YOU wish to sceak: _NO\l.en'\'Qev- 1.cxn Please exDlaln in detail the reason YOU are reauestina to soeak (attach additional Dace if nAI'WIGsarv): ( Please exolaln in detail the action YOU are asklna the Commission to take (attach additional oaae.If.,i.h8'f!lrv): - , mw..1"\ . s.e.rl;fUJ1.,tn..~. V(;:'\'\IA.O. \\\.lC; \':::. \Cl'" 0..- ~ o..hO \, Ql..L,!)€. ill. ( ~\"\R.\-e- Ql\ n b.-6*t-\'S aHd Si'5bs \L .~ .,-,,1\ ,,*,~Yin s l~ ts .~y n~, \hCL\\)c.~O\\ -rorlAO\..lt - COh-s\&, cdlon \ n --\nis \Je-'::) \ ~\PO'--taJ #L \Y\Q+tev-. C;\Docomenb .... $ottinlI"ICGalIosao"-"col SoIIingslT_rary 1""'_ FIlesIOLK2E\Po&1ic Petition """....1 Form1.doo TDTRL P. 04 Aqenoa Item No. 68 N-ov8mber 13, 2007 Page 1 of 6 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774.8383 . Fax (239) 774-4010 0cI0beI31.2W1 Pastor WiHIam A Klrtew Bethesda Corkaaew 8eventh-Day Adventist Church 2340 ~ Avenue HE Naples Fl 34120 Re: Public .,.1IIiun Request to seek an impact fee Credit Dear Pastor Kir1ew: Please be advised that you are scheduled to appear before the Colier County Board of Commissioners at the meeting c:A November 13, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners w~1 be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting_ However, your petition may be placed on a futUR:! agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building OF.) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further infonnation or assistance, please do not hesitate to contact this office. Sincerely, ~~~~-4 County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Amy Patterson, Impact Fee Manager Agenda 119m I~o. CiB Novernber 13, 2007 Page 2 of 6 RECEIVED ~ethesda Corkscrew OFFICE OF THE CcfJA88IMILE COVER SHEET ..;eventh-Day Adventist Church OCT ;j II 2007 2340 56"' Avenue N.E. Naples, Aorida 34120 ACTION LJ_: October 29, 2007 Phone: 12391348-8223 To: Collier County MInger. from: Pastor William A Kirlew Company: Collier County Governmet It Copy To: Fax~~10 . Subject Public Petition - November 13. 2007 Bee Meeting Number of SI1eets to Follow lIis.Shlliilt' . ' 2 Original to Follow by Mall: t8:I Yes 0 No '. ,~.:. We are TllIIlSIl1itting the FoIIowIilg: tJ leiter . o Proposal o Sketch o Invoice o Legal description I8l other Request to Speak i:8:I For approval o For your use o For your infonnation o As requested 18I Reply is requested Comments: ~Should you haVe any questions or need additional infonnation, please conlact me. Thank you, CONFfDeIT1AUTY NOTE Th. "'*""-' - it.. - .....10 privIogod lOId _ ..._ intondod only forlhe.so or IndMd.. .. onllly IlOIIlOd -.. w... l8lIllor or IIIlo _lonal..._dod""'_j<lU..'-_thoI"'I....~_..copyf...~IoBt1l:llyP_. W...__llisloloc:opylnorror, ~....1rnnodIotoly nolIfyUlbylBlophanoon.'*'ltIeoolglool_"..ollllo__>laUnllod___ Thonk,.~ H:\2005\200S064\WP\jcn\bcc-Q71029.beII....... _ pubHc pctitioo-fx.doc - Collier County Impact l"ee Calculator f'nnt Page Impact Fee Calculation Summary The current date and time is 10/23/20073;14:05 PM Agend<f~I'!1~ (lB November 13, 2007 Page 4 of 6 _.___w___.__'____~'__~_._.__________.______._______.__.---..,__ Your Selection: Use: Church Location: Collier County (Default) Fire District: Big Corkscrew Total Area Sq. Ft.: 7145 -----.----------.--...- --...------~- Utility impact fee NOT INCLUDED. Please contact Utilities at 732-2571 for water and sewer inlpact fees. Impact Fee Parks Regional Patb Community LIbrary Fire School Road Jail Emergency Medical Service Government Building Law Enforcement Total Fee http://apps2.colliergov.netJwebappslvisionlcommdev/ifcIPrint.aspx Cost $0.00 $0.00 $0.00 $6,216.15 $0.00 $57,317.19 $618.04 $333.03 $1,757.67 $584.39 $66,826.47 10123/2007 '. ~..... .v, ........... ..... a_'y Aoenda item No. 68 November 13. 2007 Page 5 of 6 -- -, -- -- -~ -, _w. 00lN DIovtIlI4 ....~ _I ~o/~~~ IlllII1b1l_T........_Mtl2.0f7)' ., 77_ .'.11II)"- . ~ OcIDbcr 17, 2007 William A. Kirlew 23M> 56'" Avenue, N.B. N~"', FL 3.4120 Re; Mlie pedlioo Dear Put<< KirIew: l;~In-l. ploNe fiDd . public petitioa fbsm, whie.b is .u--ecp\mlltory, for your ute if you would like... ~ to speak befoRl the BoIIl'd of County Commissioners nprding the $75,000 1mpaot Fee. lbe deetllinc to resia<< yom petition with tho CouIlty Manapr i. Ncwemb<< 1, 2007 to appear before Ib= 8ClI8l'd lit tho Tuc8day, NOVCIIIlber 13, 2007 meeting. The deadline to register jIOlIl' petiliDn Cor the TueldaY. N_her 27,2007 meetin& is Novemb=l" 14.2007. Yau may return tile petirion to the COWIty MMaaer by: Fax (239-774-4010) E.maill;am"""'"M@t'oIli...........net) or by r..gular mail to: County Manager BidS F, 204 ftoar 3301 But Tamiami TrIll Naples, FL 3.4112 If you have lilY qllelltioaa, pl_ feel ftec to COlIlllc:I me by lelepl10ne (239-252-8097), email, 1li&lll'Cllni..u.~.nllis""v.netl or rcplar IDIIiI. SincereJ>'. /J :y:.V. ~ Ie e,-Jt l.i8a Resnid: ExllClltive Aide to Commipionor Jim Coletta Enclosure: Public peQtioll Fmm , 10r29/2007 15:24 TEL 92642088 H . LAND DEYIlLUt'DNT Aoenda l[pHal ......~ r';R NovemD9r 13, 2007 Page 6 of 6 0- ..................... ... TX RBPORT ... ..................... TRANlIIBSSIlQli. OK TXlKNqI' .. .' KKt;~ :-;;..~ HIS DE8TDII\TIIIlN III ST. TDR, TIJIE tllI&'", P~..~, D........""'."....". -....,',y.;, 117U 82524010 10/29 15: Z2 01'18 3 OK " Bethesda Corkscrew Seventh-Day Adventist Church 2340 56~ Avenue N.E. Naples, Florida 34120 Phone: (23~ 348-8223 To: Collier County Manager Company: Comer County Government fax ~"'i'!'It'-4010 FACSIMILE COVEIt SHEET Date; October 29, 2007 From: Copy To: Subject: Pastor William A. Ki~ew Public Petition - November 13, 2007 BCC Meeting Number of Sheets to Follow this Sheet 2 Original to Follow by Mail: 181 Yes 0 No We are Transmitting the Following: 0 Letter 0 Proposal 0 Sketch 0 Invoice 0 Legal description 18I Other Request to Speak t8I For approval 0 For your use 0 For your information 0 As requested 181 Reply is requested Comments: Should you have any questions or need additional information, please contact me. Thank you. Agenda Item No. 6C November 13, 2007 Page 1 of 4 COll.IER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34112. (239) n4-8383 . FAX (239) n4-401O October 26, 2007 . Susan L. Thompson 37 Mentor Drive Naples, FL 34110 Re: Public Petition Request to Discuss the Amended Willow West Stonnwater Improvement Project Dear Ms. Thompson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 13, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeling. However, your petition may be placed on a future agenda for consideration at Ilie Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Hannon Turner Building (Building oF") of the government complex. Please arrange to be present at this meeting and to respond to inqUiries by Board members. If you require any further infonnation or assistance, please do not hesitate to contact this office. . Sj~relY, V. x(4) ~Udcf County Manager JVM/jb cc: David Weigel, County Attorney Nannan Feder, Transportation Services Administrator ~t l!5 07 01:1l!p ~ It'/,.,.- c;&14NTY /II'! I'r"'~ l!395139563 ~ 77c(- Cff!liJ Agenda Ite~ ;,1,. 6C November 13, 2007 Page 2 of 4 Reauest to So ut under Pubfrc Petition Please print Name: Susan L. Thompson Add.....: 37 Mentor DrIve, H8p1es, FL 34110 Phone: 23t S2& 7887 Oitf of the Bo8rd~' -.00 \IOU wish to IIDsBlc: November 13, 2007 Please............ in detlIi1 the ............. lIOU 818 l'BOUestina to SDEI8k (attach additional oaae If ............I8!1!11N): The nt_on I .... requ.tlng to sp8llt Is to explain to the COmm....one... Ittat the IWidenls of Willow West an reqLl8lrting the COmmisslone... approve the Amended Willow West SlioI n....tBr Improvement project that was originally volIId upon on March 27, z007. (_ attached) The amended praject does not tan ...... awaIe waiBr rwlantion Into account and makee 1M front a1lflll.aa overly large for 80 X 120 size Iota. It also does not take the sIctewaIk on the IIOUth side of Menlor Drive into lICCOUnt, which pushee the swaIe mucll further Into thou Iota. The I1IIIidentB want the front swaI_ c:ornpIefBd and. wtII mS/nlaln the ....r _Ies without an MSTU. PIE>...... emlaln in detBiI the action YOU are asldna the Commission to lake (attach addttion8l D8De f J1AI: ..~rv): I am _king the Commlaslonera to nMfuce the sla of the swaiM tD four feet on JohnnycaM DrIw and the north side of Mentor DrIve and to "'0 reduce the awale on the eouth side of Menlior to one &Jot due to the sldewS/k In the right of WIly. f .... also as/dng the CommfsaIone... to pay for the culverts and drlve_Y1l that ... already done on Johnnycan Drtve .nd to pay for the culverts and drivewaY1l on IlIentor DriVII that an bIocldng the flow of watw. ~.,>>, ~ '-~:~'11ONS""'WIIIIfIubI~~~WIlr"Ol'lll (2).doc Agenda Item No. 6C November 13, 2007 Page 3 of 4 Oetnber?~,2007 To: County MaDtlger. James Mudd Re: WIDow West .1'1II Water DraiDage Petition From: PetitioDen - Susan ThomplOD. DarreU Thompson Please find a copy of the proposed petition of Willow West for the purpose of having the County correct the drainage in the right of way easements on Mentor Drive and 10hnny Cake Drive per the plans and specifications (as amended) provided by Q. 0TIIdy Minor and the Stonn Water Management Department of Collier County. For purposes of communication. you may contact Susan Thompson at 513-9433 or 825-7887 or mail to 37 Mentor Drive. Naples. FL 34110. You may also contact me by email atad1illnCedsue(.l.aol.com. Aoenda Item !\Jo. 6e N~ovember 13, 2007 Page 4 of 4 Collier CHaty CltiDo Pedtien No. _ ._' CCMlnty l\tf....rr.. ctaermination of nftic:ienc:y on To the extmt thet fi 1 04.185, Florida Statues, applies to this petition, 'It is unlawful for any penon to ImowiDgIy sign a petition or petition for a pBrticuIar issue more tban one time_ Any penon viol8tina the provisions of this section shall, upon conviction, be guilty of a misdcmeaDor oftbc tint dcaree. p"n;"hoohle as provided in i775_082, ~ i775.084.' (fil04_185, F.S.) Pedtioll To the Board ofCoumy CommillSiODel1l of Collier County, Florida: The lIIIOllnianad petitioarn hereby request the Board of County CommillSio.ners to approve tile Willow West S1umJ WIItllr IDIpJ'OVCIlICIIt Project as 1lIDeDded-. Such project cxmsists of the Willow West subdivision of plII1 of the SW 1/4 of Section 24. Township 48 South, Raoge 2S East, Collier County, Florida mcorded in Plat Book. 15, Page 79_ Defined - Thal portion of the dmblage swales, pipes, culverts and driveways in Willow West Subdivision's roed right of way on Mentor Drive and Jolmny Cake Drive and those drainage pipes and storm water structures int<<connecting Johnny Cake and Mentor Drive. This petition to include reducing swale size to no greater than four (4) feet at the bottom of the swaIe with a 3: 1 slope on both sid=s of Johnny Cake Drive and the north side of Mentor Drive. The south side of Mentor Drive to be reduced to one (1) foot at the bottom of the swale due to the sidewalk that was installed by the County Parks and Recreation Department. Collier County Storm Water N1"""lV""'" DeJllll'lmeDt to perform Willow West Stormwal:er Improvcmc:nts with aJrc.cly approved fullding budgeted per specifications of project chawings and to reimburlIc owners on Johnny Cake Drive who have almldy paid for the culverts and drivCWll)'ll. Collier COIDlty Stann Water Management Department to maintain the swaIes in the right of way. HomeoWDa:S to "",inblin culve11B and driveways after complc:lion of project -The amended project docs DOt include rear swa.les in their calculations and does not take the sidewalk into lICOOUIIt. Signature NIIDle Address Prccinc:t 1# Date Date of Birth Tax ~~::/A.~t"" <-.cIIy,-ZIp) ..v_~"",. Potio. ~S/t;\' l./1ffftf1'llW "., /ff1Wnllt lJc "''' "b.tf,7 II ,~t;~ f1-",,;.$601$3 ~ ,r~ / /.J./& 'J D.....L 4.7lJtJi....- M' :J 7A1#MIb/Il ~ JO/~eI" p,t;o,"S..,.u3 Agenda Item No. 60 November 13, 2007 Page 1 of 7 COLLIER. COUNlY MANAGER'S OFFICE 3301East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 October31,2007 Mr. William L Klahn, Preeid!mt MOO Capitlll Corporation 2180 lmmokalee Road Suite 309 Naples FL 34110 Re: Public Petition Request to address recommendations of the Afforclable Housing Commission . Dear Mr. Klahn Please be advised that you are schedulecl to appear before the Collier County Board of Commissioners at the meeting of November 13, 2007. regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no don on your petition at this meeting. However, your petition may be placed on a Mure agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building 'F") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further infonnation or assistance, please do not hesitate to contact this office. c2?~f County Manager JVM/jb 00: David Weigel, County Attomey Maria Ramsey, Public Services Administrator Marcy Krumbine, Housing and Human Services Director .~ ,- , MnG CAPITAL CORPORATION 2180 Immokalce Road Stc. 309 Naples, FL 34110 '. Phone: (239)594-8700 Fax: (239)596-4399 MDG Capital Corporation MOO Comp-~'" of Naples, irIc. MOO CapitBl Partners GCNB Office North,. Inc. MOO Capital Partners PiDlmcial Centre, I:nc. MOO Capital Realty, Inc. MOO Fountain Labs, u.c MDG--Frank Helmerich. LLC MOO Intedake '17, u.c MOO l..tke Phdd. 2000 LLC MDG Late Trafford, LLC MOO LIb Trafford Commerdal,LLC PatrickMc:Cuan.LLC Agenda Item No. 60 November 13', 2007 Page 2 of 7 Date, Fax, -; -r;;.-;;:: f) Total pages: ' . (wI cover page) Arrowhead Apa.t.......lte Ltd. Arrowhead Apartments n LtcL Arrowhead. Reserve at Lake Trafford. POA The Promenade at the Forum HOA Forum 6, LLC FOlum 11, LLC - Gulf Coast Centre CondO Assoc., Inc WLK Development Corporation Wfillam KIohn, LtC FAX TRANSMITTAL SHEET @ TO: ~cA{'f A ~ COpy TO: FROM: .11;/1 kt.i Vl COMMENTS: , If there are any problems with this transmilS5lon, please call (239)594-8700 FAXMEMO.wpd 9001 .OO'Q ;"~~f St'zo LOOZ.t~.~~o Agenda Item No. 60 November 13, 2007 Page 3 of 7 . , MDG CAPITAL CORPORATION 2180 Immokalee Road Suite 309, Naples, FL 34110 (239)594-8700 (239)596-4399 Fax Octobet 30, 2007 County Mll11II8llI" Collier County GoVClDl'l1ali Complex 3301 East Tamiami T%ail NaplesFL 34112 VIA; Fax 774-4010 DclIrCounty~ .Att""~ is the Request to SpeIIc under Public Petition fonn with lIU8clnncnt. Sincerely, MDG CAPITAL COBPORA nON &~~ William L. Klolm PresidcJIt WLK:dl Ene. 900/ ZOO'a: ;Lt~. St:zo LOOZ.t~.~~o ----- Ageneja Item No. 60 November 13, 2007 Page 4 of7 Reauest to Sneak under Public Petition Please Df'fnt Name; FollDiain Labsllc=lideDtial Coopcndiwl F-al ServiCC5 Ptll'lllllDe1 Housing Coalition ofCo1li<< CoUDty (ESP) Address: 2180 )mmnhl..... RtIIId lmmnr.l_ RtIIId Suite 309 N~I... FL 34110 Phone: 239-594--8100 Date of the Board MetioR \IOlJ wish to soeak: 11/13/07 Please eXDlain In iWtDfl the ~mn YOU are reauestilU! to SDeak (attach additional oase if ~~rvl: MOO CapiW CmporaUon has been se1ccted by the BssentiaI. SCllViccs PCl1IOID1el. Housing Coalition of Collier County (ESP) to be the pri~ parlnCll' in the Community Worlcfon:e Housing Innova1ion Pilot Program (CWHIP) publiclprivatc partn<=Jlip app1iClllion for 2008_ Ourwod:force afIOrdablc housing comnnlDity will be comprised. of 147 multi-family units. Certain fimlnoiaJ. to:.ls1tivcs and rooommeadations have been approved by the AJIORIlIble Hosing Commission (,ARC) in their meeting ofOctobc::r 17, 2007. The ince.utivea lCwuw...-!"'C! by the AHC will reduec hoUIiDg costs for the employees of the ESP employers. Additionally, the incen1ivcs, ifllJ'lll'OVl'd by tho Board ofCourrty C.nmmi,."janem prior to JlIIIU8Iy 1, 2008. (the CWHIP 2008 cycle opcurillg de) will be COll&idcred "gova:nmllllt contributions" which will enhlllCC tbe probability of a $5 million CWHlP &WlIl'd being iimded lOr the project. I intend to addJ:ess the P"'^"'mellllANn'1B of the ABC for the Board of County Commi.,.;oncn; coasideration. (See attached MCHlln'IllduJn from the ARC which include project l'CC(DTI....~Ati"DS) pi........ explain In dt'ltDfl the action you are askfnR the Commission to take (attach additional ""- if nea!S5arv\: Approval8Dd Adoption of the J1lCommendaUODlI of the ABC by !he Boud oCCounty CommiS$ilJllC[l\, 9001 &00'4 ~L&&. Bt:ZO ~ooz.t&.~o Agenda Item No. 6D . November 13, 2007 Page 5 of 7 , .A.IfeMr-Lle Boubag Co-_-.u.. of CoBler C~nurty MltMO~ Date: October 29>*1 "I. To: Bclllrd ofc-ty Commlpcloaa;s From: j. fti.,,,,,,,* Hou8ing Ommri..nnn R.e: ISO UDitP._...t.. Lakes Development 2008 CWHIP Work Foree HOllIiIlg Application At its regularly ....J.edoiled lIIOIdhly lIItlllting held October 17, 2007 die AflilrdIbJe HouaiDg Cmnmicci<Ml c:mertIined a poOpO$8l by MDG 00pi1ti ~ (MOO) and ll...tmtial Services Pcr:sonnel HousinS C'llJjtinn (ESP) fur a CWHJP appli"8tion for alSO unit Work Fcm:e HousiJIS Development at FOlDIIain Lakes. MDO and BSPbave formed a partnership 10 dcvc10p the property fur """.Houle housing for e...-....I service ~SOlWlllIIId to maI::e applieation to the FHMF A for fimmng under its CW.I:IIP progmm. Mr. W"1l.IiamK.lobn, pmsidtlnl. ofMDG Capilal ~ the scJuw-rit; phms for the project and explained the jmlmcitlg and OWJ'Ierchip mN!1um;"",c 1bat axe intended The develop<< also requested that the ARC support and recommend to the BCC sevm (7) ~ of the county. Attachlld is an October 5; 2oo71eUer.from Mr. Klolm to the Affordable HousiDg CommilUriomn outlining tile project and the 1CqUc:s1li. ~ comJnissioners have mvicwcd 111= proposal and rc:quests, diecussed them in opm meeting, bard ""........,t. from the SIllft' and the public and pusod rceolutions on each of the rcquC&1l. The fullowing is a """""'My of tho8c rcc:om"""'d.tions. 1. Item #1: TbIt lbc sec lCCOIlIID:IIIlMDG and ESP as a CWIPapplicllDt forfbe 2008 appIica1ion cycle. . ABC RecommeadatioJl: The AHC fiDds tbi8 project appropriate and supports it as a 2008 CWHIP application. ~ ARC l'eC"",........ro: tlutt the BCC dI!l8ignale MDG and ESP u a CWHIP applieaDt for Collier County in !he 2008 "mtl'llg cycle. 2. 1_ #2: ThlIt the Comrty ............. the IJlAP to iDcrcaie SlIJP finul;'lIlimilll from 80% AMI 1.0 140% AMI for CWIllP projeclll thus aligniDs i:acoI1'e limitl of both programs to the CWln:P's iucorne limit of 140% of AMI. . ARC Rec:ommllldatloa: The AHC is in &vor ofmodifyiDg 111= LHAP to a1igl1 the SHIP and CWHIP -.-" limits provided the im:reue from 80% to 140% of AMI would be applicable to CWHIP projCClI 0IIly. The ARC 9001 tOO'i SLttf 9t:lO LOOl.tt.~~o , Aaenda Item ~~o. 6D N'ovember 13. 2007 Page 6 of 7 . J eoo.....e..ds that the ace approve tlri$ IJIII!lndment. 3. Ie. to: n.tfhe County to aJIOClJle 51 Million oflDlusedOftiDme SHIP fimds ~fWany to 1bis project far tbe plIlJlOIC of iDfi:u1ructure COII8&ruction. · ABC D "'endadDD: It iIlbc AHC's posilicm that the allocation of SHIP 1imda involves a ~>'e process which 1his ~ ci!CumYllllls. It is the ABC's posilicn that if the developer wishes to be ~ fur project specific iDfmstructure 1ImdiDg under SHIP, he sbouJd submit a proposaJ. to dlc County in I'CSpODSe to its periodic requests fur m..nilJg proposals. The ARC 1bcrefare, recnm""""'. that tho BCC ci=ay Ibis request IUd IllIIIcst tbat 1hc developei' Pwsuc 1Iic SHIP ~g tbrouP tile proper eu.......liliYC proced:urcs. 4. Itua H: That dlc Slaff is authorized to c:ontimJc the M:pC6jt()d 'nMew prooesa to &st tpcJc development andconstnJction permits. . · ABC Rf-..........II..tioD: The AHC supports the \IAt; of the expedillld n:v.icw process for worlcforcc and affordable housing dovclopmcmts and n:cnm.......dq tbat the Bce diRct Stafftbat this process will to CWHlP projcc:ts. 5. IteIIl tIS: That the County crea1I:s aD I~ Defcrra1 Program specific tbc newly crealDd SJIb.dislrict for tills project. The progrun should be project specific rad1er than: iDdiviclual specific and should be available to fiTst-time lJIId pnMous homebuyers. It Ihoold have :zero pa'CeDt interest with repayment COIIDJJencing in 10 yem.. . . ABC RecommemdaUon: It is the AHC'. positioa 1bat there arc pm:ccI-. for e&tsblishiDg a sab-dislrict, project spec.i1ic impact deferral pn,gttll11 to support affordable lJIId worlcforce hovsiDg. For CXIIIIIplc this JJIClCbenism Wll$ used in the Tmmokalee Deterral Prognun. It is the AHC position thaI JUCh a project specific progmm does noI. negatively impact the iJ1tc&.1t.>' of the County-wide impact dcfcaal program JIDd is targeted at a ~ of the }XlPII1Uion with a sigDificant housiag Deed. 1berefore, the ARC recommends that the BCC direct the StlJffto~lop a project specific impBct fee deferral Pf*aIn for tbe newly fcamtd SlIb-district "I1('~..i"g this project with the t=ns lllId cOnditions RlqUC8tcd by tho developer_ 6. Item H: That the County allows special exceptions to development and CODCIIl"JmCy aIlmdarda as ~tW under the CWHIP Jecislalion.. · ABC Recommeadado.: The AHC is oftbe opinion tbst.fllccxccpti.ons speoi1ied IDIder the CWHTP legislations are inumdeclto cover minor regulatory obstructions which are within the realmof1ile Bee to waive. 'I'h=efure, tb: AHC r=;om.....ds that the Bce agree dIIt it will CODSidcr rel'lDlion of various standards for CWHTP projects as Outlined in the CWHJP legislation on a case by case basis. 9001 ~oo'a ~Ltt' St'zO LOOZ.tt.~~o 7. Item f#7% Tbat the see support the Collier Coanty HousiDa FiDance CoqIoration (CCHFC) in rnam=rs related to 1IX cmmpt fiDmcing for this project. . ARC Pteoli.....~-: It ia the ABC's ~ that the cIe\'.~Jl" will be usiD8" --pt boad il-n-""'s lbrthla project 1brouah the,CCHFC. As the JIfO.iect ~ the CCHFC wm teqUCSt various approvals fur 8Dd mppod of1be bond fi-nr.lng from the BCC. At this point the cIeveloper is RlqIICSUng tbal1hat Bee aclaJOwledgc that it would IIll1JPOd the CCHFC in this process The ABC is of1he opinion that he boDd fi..anr.llll is a !\'--y ilmAmg tool to '''''^'''IpUaft tbia project and 1'eCllIIIIDflII tbai the BeC agree to """a;l'Ier and support the CCHPC in this effort. L >0 L aBed 90.Jj)ra"'a'-~ ~~l!\l?i'ON Vag lIN ~Oll l'!~1l8Bv 6t:ZO LOOZ.t&..oo Agenda Item No. SA November 13, 2007 Page 1 of 147 EXECUTIVE SUMMARY PUDA-2007-AR-1l283 Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady Minor and Associates, P.A., requesting a PUD Amendment to increase the number of single-.-family dwelling units from 11 units to a maximum of 16 units by increasing Single-.-Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres in the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49. The subject property is located on the north side of Rattlesnake-Hammock Road (CR 864) approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-.-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for an amendment to the ShadowWood Planned Unit Development (PUD) to increase the number of single-family dwelling units from II units to a maximum of 16 units. This will be accomplished by increasing the Single-Family Residential (Tract B) from 3.7 acres to 5.68 acres and by reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. To maintain the community's interest as well. CONSIDERATIONS: The purpose of this petition is for a minor amendment to the 168.1"= acre ShadowWood PUD, Ordinance Number 82-49 (originally approved on July 13, 1982) to allow the reallocation of 1.98 acres from Tract C, the Private Air Park district, to Tract B, the' Single-Family Residential portion of the PUD, in order to add 5 single-family units to Tract B. The additional dwelling units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. Tracts Band C are the only portions of the ShadowW ood PUD that would be affected by this change to the PUD. The proposed amendment also requires a revision to the PUD Master Plan to reflect the change in tract sizes. This amendment proposcs to slightly increase the density and to slightly reduce the intensity of the currently approved PUD. This amendment does not propose any change that would affect environmental, buffer, drainage, transportation or circulation issues. No deviations from the Land Development Code (LDC) are being sought with this amendment. FISCAL IMPACT: ..... The requested amendment of this PUD by 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 PUD amendment is approved, a portion of the existing land will be PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 1 of 8 Agenda l1em No. SA November 13. 2007 Page 2 of 147 developed and the new development will result in a minor impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain 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 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): 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 (FLUM). Within this designation, and in accordance with the Density Rating System and the Density Reduction provisions of the Future Land Use Element (FLUE), a base density of four (4) units per aere is permitted, with the caveat that since the subject property is located within the Traffic Congestion Area (TCA), one dwelling unit per acre is subtracted from the base density, thus yielding a total of three (3) units per acre that is permitted for the subject PUD. The ShadowWood PUD was approved on .July 13, 1982 by Ordinance 82-49, with a maximum gross density of 3.6 wlits per acre. Furthermore, right-of-way was dedicated from this property for the widening of Rattlesnake-Hanlmock Road. Consequently, via Policy 5.10 of the FLUE, the existing gross density of 3.6 units per acre is deemed to be consistent with the FLUE based upon an exemption application approved pursuant to the Zoning Reevaluation Program adopted by Ordinance 90-23. Oliginally, staff determined that via Policy 5.1 of the FLUE, properties that were approved for commercial and residential uses prior to the adoption of the GMP in 1989, and which are also consistent by Policy pursuant to Ordinance 90-23, such as the subject PUD, may be allowed to increase the amount of dwelling units as long as there is a reduction in the commercial area so that the overall density and intensity of the development is not increased. This determination was based upon the former FLUE Policy 5.1 - that which existed prior to Policy 5.1 being amended earlier this year as part of the Evaluation and Appraisal Report (EAR)- based amendments to the GMP. Density in the existing PUD was approved prior to the adoption of the Density Rating System of the FLUE. Said density was calculated by taking into account the Multi-Family Residential PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 BCC Page 2 of 8 Agenda item [\]0. SA November 13, 2007 F)age 3 of 147 portion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance road, and the Private Air Park District (tract C) of the PUD Master Plan and which was approved for non-residential uses. The Density Rating System of the FLUE states that acreage to be used for calculating density is exclusivc of the commercial and industrial portions of a project. The commercial area (tract D) was originally excluded from the density calculations. Originally, staff had determined that the Air Park (tract C) should be viewed as a commercial use and excluded from density calculations. Tn this regard, and taking into account only the residential uses of this development (residential tracts and roadway), the proposed additional density into tract B, from II to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in a reduction of the overall density of the PUD: Approved (existing) PUD density: 569 du -i- 157.8 acres [113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance dlive), and exclusive of Tract D, the commercial tract] = 3.6 units/acre Approved (existing) PUD density exclusive of the non-residential use (tract C), in addition to excluding Tract D: 569 du -i- 120 acres [113.3 (tract A and E) + 3.7 (tract B) + 3.0 (entrance drive)] = 4.74 units/acre Proposed PUD amendment density exclusive of the non-residential use (tract C), in addition to excluding Tract D, with conversion of 1.98 acres to Residential tract, plus addition of 5 dwelling units: 574 du -i- 121.98 [113.3 (tract A and E) + 5.68 (tract B) + 3.0 (entrance drive)] = 4.71 units/acre Conversely, part of the request is to subtract 1.98 acres from tract C, the Private Air Park District, which has been developed as the airplane runway for the development. Said tract allows for non-residential uses, therefore, it was originally determined the request would reduce the overall intensity of the PUD (4.74 units/acre - 4.71 units/acre = 0.03 units/acre reduction. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review Department's staff as part of the total review of the petition. The original conclusion was that the amendment to the ShadowWood PUD could be deemed consistent with the FLUE via Policy 5.1. Revised Review & Analvsis At the CCPC hearing on Septembcr 20, 2007 stafT recommended this petition be found consistent with the FLUE per the above analysis. Nonetheless, staff became uneasy with that recommendation based upon its review of the new, EAR-based Policy 5.1 while at the CCPC hearing. Subsequent to the CCPC hearing, statT further reviewed this petition in light of new Policy 5.1 and changed its recommendation to one of this petition not being consistent with the FLUE. This reversal was not based upon the CCPC recommendation or any other external factor, though the CCPC questioning of staff highlighted the consistency issue. PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 3 of 8 Agenda Item No. 8A November 13, 2007 Page 4 of 147 Though Tract C, Private Air Park District, does allow - and is developed with - non-residential uses, staff does not believe it equates to a commerciai or industrial land use such that the acreage of Tract C should be excluded from residential density caiculations. Ajso, new Policy 5.1 (see below) contains no provision to "convert" non-residential use to residential density. New FLUE Policv 5.1: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commerciai zoning district as the existing zoning district, and provided the overall intensity of commerciai land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overail intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. b. For such industrially-zoned properties, zoning changes wilI be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed hy the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overail intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district. d. For property deemed to he consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be comhined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residentiaj and mixed use developments only, the accwnulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Based upon the above revised analysis, staff concludes the amendment to the ShadowWood PUD may not be deemed consistent with the FLUE. However, IF the BCC should disagree, staff PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 BCC Page 4 of 8 Aqenda Item No. SA N'ovember 13. 2007 Page 5 of 147 would suggest the BCC base its consistency finding on Tract C being deemed as an industrial land use rather than a commercial land use, and rather than determining this amendment is consistent via Policy 5.1. Transportation Element: The Transportation Division has reviewed the amendment request and deemed the ShadowWood PUD Amendment is consistent with Policies 5. I and 5.2. of the Transportation Element of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: The existing PUD does not contain any provisions for affordable housing units or financial contribution for such. The applicant has not offered contribution to offset the development's impact on affordable housing. ENVIRONMENTAL ISSUES: Environmental Services staff reviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDA TION: The Commission Chairman questioned the Comprehensive Planning Manager about the consistency of this petition with GMP Policy 5.1. The Comprehensive Planning Manager explained that this PUD amendment is consistent by principal and that the original GMP Consistency determination was based upon the reduction in intensity and density. (GMP Policy 5. I was amended in January of 2007). The Air Park Tract "c" was viewed as a non-residential use in order to arrive at this conclusion. The Commission Chairman stated that in the LDC an airpark is considered an Industrial or a Business Park use. The Chainnan also reiterated the GMP Policy 5.1 language which states: "For such commercially zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5. 11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial propeliies may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element." The Comprehensive Planning Manager responded that if a strict reading of the current GMP language is applied, then this petition woujd not be consistent with the GMP. The Air Park tract is not a commercial use. The Chairman expressed his concerns that if this PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 BCC Page 5 of 8 Aaenda Item No. SA N'ovember 13, 2007 Page 5 of 147 tract were considered a commercial use for residential density calculation pwposes, then it might also be considered commercial for a future commercial conversion. The Chairman further explained that he is not concerned by the proposed addition of the 5 single family home lots within this PUD. However, the Chairman is concerned by the inconsistency ofthis petition with the GMP and the potential for what approval of this petition might lead to for this and other projects. The Commission Chairman motioned for denial of this petition based upon its inconsistency with the GMP and Rezone Findings I and 12, and PUD Finding 3, all of which relate to conformity with the GMP. The motion was seconded. The Collier County Planning Commission (CCPC) voted 7-1 to forward to the Board of County Commissioners (BCC) this petition with a recommendation of denial. LEGAL CONSIDERATIONS; This is an amendment to the existing ShadowWood PUD (Ordinance No. 82-49) which proposes to add five single-family residential dwelling units. 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 Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed critelia. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are nut to be provided or maintained at public expense? Findings and recommendalions of this type shall be made only after consultation with the Coun(y Atto/1Jey. 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. PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 6 of 8 Agenda liem I~o. SA November 13. 2007 Page 7 of 147 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to litera! application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Wi!! 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? ] 5. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 BCC Page 7 of 8 Agenda Item No. 8A November 13, 2007 Page 8 of 147 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 proposcd 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 m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facililics and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem impOliant 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. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny PUDA-2007-AR-11283 ShadowWood PUD amendment. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning and Land Development Review PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 8 of 8 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agend,j I!;~m Nt,. f.:A, Novernb.J 13. 2DD7 P,](]e 9 of 147 COLLIER COUNTY BOARD OF COUNTY COMMfSSIONERS 8A "'hi3il€m '€ljUlreStllatCliJpartlClOanrSbesworniflan(Jexpal1eOisclosurebeprovided by CU!l1missiorl rl1efTlbers,P~JD'!\'-='007-AR_112D~; (NO:! \Nillg South Inc, represented by Heidi ':}I'iisll1S, ,\ICF' of Q Grady Mmor and Assaclale~, FA, requestl'lg an 0mendment of the Sh~,dow'NQod "Ianned Ulllt Development (PUD) Ordinance No 82-4,) L increase the 'll;mberQfSlligle-fall1llydv>'ellillgllllltsfrorn 11 units to a rTl<lXImUI1lof 16ulli:sby mCleasmg tile 31n(ll" Famiiy Resldent",1 (Tract B) !rom 3,7 aoes to" (',8 ae<e, and redllung the acreage 01 Hit Prlv"tp Ai' r~arK custri~\ (Tract C) froll1 :.F,8 acres to :~,,82 acres :'Ile subject propenv is locate0 ,~lonQ HIl; north Side of Ral1lesnake-Ha:mnock P02ld, approxiltldlely one rnllewesi of::oi!i=I-Boulevard rCF 9S1i l10nheast of the i'liersecUon O'r\alteSlldke_ HammOCK Road iind Skyway Drive Ir1 Section 16, Township 50 $ouHl, R"mge 2E Eas: COliie, County, F:o<:da 11113120079[JQOOi'.M Date Prepared By NllncyGundlach CommUf'lty CJ!'velopment & Environm,.,m"IServices Principal Planner Zoning & Lmd Development Review 10122/1:0071:20:12 PM Date Approvt"dBy Marlene Stewart Community Developrnent & Environmental Services Executive Secret..ry Community Development & EnvirollmenlaIService.sAdmill. 1W1:212007J:l1 PM :Jille Approved By JudyPuig (mnMiol1sAnalyst Commwdb Development & Com"'"nit\, De'lei<.1Pmcnt & Environnental Service;, i:onv,mnrrl','nta! Services Allmon 10,'22i200i 3,14 Pf\o', Appro\'cdBy U.1ie NOn'n 0:. Feder-AICP 1 ran,.,pc~':'-,t,on Services lransportmwn Divl5'on fqmmisirmor It'Ml~INrt~llon SerViel1S Admin 1Cl.'23i2QOiH:25AM (Jate Approved Dr Raj h,lhW& Co::,mm,,," Development & t',nvim,w:"ntaIServlce~ Ct;iefPlanfler Zoning&. L"n:; Development Re'l,ew 10123/20075,10PM Date Approved By Susan Murr2y. AICP Commun:tl' [Jevelapment& EnvironrnentalSer'JlCo5 ZOning 8. Land DL'velopm0nt Director Zoning & Land Dev~IQpmenl ReView 1(),'24/20071:55PM Cnmll1unrL[kvelopn',enti Approved By Josupt1 K. ~chmitt E'lvironm'.,n:',,: Scr'Ji~,,:, p,(ll1mstramr Dat., C"fT1munltv i')'2'i',:"io!llllent & CammuI'lt ' L.",'vE\lq""""'n:!; t:nvironrn' '<<' ",et\.-",~,:: {" '1"0 10.'2SI20073:38PM F'r.,irc"'''C'lld''''r\lICes D~le Approved By OMB Cocrdir;;,tor Admini,.~,;)~i\'c' Services ArlPllc~lions Annlys\ IntorO"[;atlonl"ch:1ology 1C!Jlli20072:0BPM Date Approved By Mm': ,',"--k$on COl1n! ''')(l( ~s Office DJle ApIJrU\'t"d ny Jam",: ~'\lldd 80am0'(,aunty (;omnli,""oners Budget Analyst Office of r~anay€m~n' t.- Budget 1OIJ1,'200710:16AM COunl)'et.anagEJr CNmty Manager's Oft;ce nI2/200712,07PM file://C:\Al'.endaTest\Export\92-Novcmber%,20 13. %202007\OR. %20ADVERTISED%20PI J 1117/2007 AGENDA ITEM .8-E AqenOct neni'No.ol.\ N~overnber 13, 2007 Page 10 of 147 CO~Y County - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: SEPTEMBER 20, 2007 Mr. Jim Kaiser Wing South Inc. 4130 Skyway Drive Naples, FL 34112 Ms. Heidi Williams, AICP Q. Grady Minor & Associates 3800 Via Del Rcy Bonita Springs, FL 34134 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CepC) consider a proposed amendment to thc ShadowWood Planned Unit Developmcnt (PUD) to increase the number of single family dwelling units from 11 units to a maximunl of 16 units by increasing Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing thc acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acrcs. GEOGRAPHIC LOCATION: The ShadowWood PUD is located on the north side of Rattlesnake Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlcsnake-Hammock Road (CR-864) and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (Sce thc location map on following page.) PURPOSEIDESCRIPTION OF PROJECT: The purpose of this petition is for a minor amendment to the 168.1010 aere ShadowWood PUD, (originally approved on July 13, 1982) to allow the reallocation of 1.98 acres from Tract C, the Private Air Park District, to Tract B, the Single-Family Residential p011ion of the PUD, in order to add 5 single-family units to Tract B. The additional dwelling units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 eepe Page 1 of9 A~enda Item ~io. 8A N:ovember 13, 2007 Page 11 of 147 Tracts Band C are the only portions of the ShadowWood PUD that would be affected by this change to the PUD. The proposed amendment also requires a revision to the POO Master Plan to reflect the change in tract sizes. This amendment does not propose to increase the density or intensity of the currently approved PUD. In addition, this amendment does not propose any land use change, or any change that would affect environmental, buffer, drainage, transportation 01' circulation issues. No deviations from the Land Development Code (LDC) are being sought with this amendment. SURROUNDING LAND USE AND ZONING: North: a future right of way reservation tract of "Naples Heritage Golf and Country Club PUD," a golf course residential community (density of 1.43 units per acre) and undeveloped land with a zoning designation of A. East: preserve areas of "Naples Lakes Country Club PUD", a golf course residential community (density 1.67 units per acre) and undeveloped conservation land within "LASIP Conservation Area PUD." South: Rattlesnake Hammock Road (C.R 864), then undeveloped parcels within "Lely, a Resort Community, Development of Regional Impact" (DR]) (density of 3.5 units per acre). West: Single-family dwellings, multi-family dwellings, and vacant land, with zoning designations of RMF-6, RSF-3, RSF-4 and A with a special treatment overlay on a small pOltion of the arca (6,O~ acres). -r.6liIllf(ll.iil ,Pfllil4W.' _;I ,1 . __~, """"""".'...._....~ AERIAL OF SURROUNDING SHADOWWOOD PUD LAND USES ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 cepe Page 2 of 9 < ~~ ~- c::;C'"'1" :;)- ON~ '7 . 0 ~~~ SQ::D -'-,:::J) ct := ':V ~c::,Q.. (1)> _0 ~Z < , . , g . . , , ,~ 15 g'l2 "j! l c I 0- "! , 1 ! ~a Q> " . . i I 1 Iii i~ ",' I ~t> .. -L!.!. 1\ ""~ rm'll 1..1 ~~--'--+- --,., f. i E. ! _i Io(~..' . . I J --, I - I, . . ~ . ~ ~. ~~~ ::::J I , ~~ " i'f , I " D-L ~~, ! ~t i I j . D... -- <( 2 . z , 0 , - .~ l- . . <( " () 0 ..J ci .- ; ! 1 - '''g ~ ~a "j I ,- J ~ ~ n ;'=-1- . . . -~ ,- ! gi "! i IE- i . ~ i I """"m,.., m" . . 1 ~~l' ~ : Q. .. , D... <( 2 i"'l I!, n'~' <1l10~ J-!---- ,- r;-I ;! G-J .."m......, C) Z Z o N \ ~ d, " > , I, ~ ';'- 1 M "' '" ~ - '" -< ... Q Q N , -< o ::;, tI. " Z o E f- lU tI. ~z 00 lU - ...,~ - 0 u ~o "'~ " ~t<~ " I!! aw,.M1OOIl~~____ 1~'lfO , , ! ~~ , , ~~ i~ Aaenda Item [\Jo. ~jA N'ovember 13, 2007 Page 13 of 147 GROWTH MANAGEMENT PLAN (<iMP) CONSISTENCY: Future Land Use Element: Thc subjcet propcrty is located within the Urban designated area (Urban - Mixed Use District, Urban Rcsidential Subdistrict) as identified on the countywide Future Land Use Map (PLUM). Within this designation, and in accordance with the Density Rating System and the Density Reduction provisions of the Future Land Use Elcment (FLUE), a hase density of four (4) units pel' acre is permitted, with the caveat that since thc subject property is located within the Traffic Congestion Area (TCA), one dwelling unit per acre is suhtracted from the base density, thus yielding a total ofthrce (3) units per acre that is permitted for the suhjeet PUD. The ShadowWood PUD was approved on July ]3, 1982 by Ordinance 82-49, with a maximum gross density of 3.6 units pel' acre. Furthermore, right-of-way was dedicated from this property for the widening of Rattlesnake-Hammock Road. Consequently, via Policy 5.10 of the FLUE, the existing gross density of 3.6 units pcr acre is deemed to be consistent with the FLUE based upon an exemption application approved pursuant to the Zoning Reevajuation Program adopted by Ordinance 90-23. Additionally, via Policy 5.1 of the FLUE, propClties t1mt were approved for commercial and residential uses prior to the adoption of the GMP in ] 989, and which are also consistent by Policy pursuant to Ordinance 90-23, such as the subject PUD, may be allowed to increase the amount of dwelling units as long as there is a reduction in the commercial area so that the overall density and intensity of the dcvelopment is not increased. Density in the existing PUD was approved prior to the adoption of the Density Rating System of the FLUE. Said density was calculated by taking into account the Multi-Family Residential pOltion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance road, and the Private Ail' Park District (tract C) of the PUD Master Plan and which was approved for non-residential uses. The Density Rating System of the FLUE states that acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project. The commercial area (tract D) was originally excluded from the density calculations. Now, staff has detcrmined that the Air Park (tract C) should be viewed as a commercial use and excluded fi'om density calculations. In this regard, and taking into account only the residcntial uses of this development (residcntial tracts and roadway), the proposed additional density into tract B, from 11 to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in a reduction of the overall density of the PUD: Approved PUD: 569 du 7[113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance drive)] = 3.6 units/acre Approved PUD density exclusive of the non-residential use (tract C); 569 du 7 [113.3 (tract A and E) + 3.7 (tract B) + 3.0 (entrance drive)] = 4.74 units/acre Proposed PUD amendment: 574 du 7 [113.3 (tract A and E) + 5.68 (tract B) -I- 3.0 (entrance drive)] = 4.7] units/acre Conversely, part of the request is to subtract 1.98 acrcs from tract C, the Private Air Park District, which has been developed as the airplane runway for the devclopment. Said tract allows for non- ShadowWood PUD, PUDA.2007-AR-11283 September 20, 2007 ccpe Page 4 019 Aoenda Item No. SA f'i-ovember 13. 2007 Page 14 of .'i.o\7 residential uses, thercfore the request would reduce the overall intensity of the PUD (4.74 units/acre - 4.71 units/acre = 0.03 units/acre reduction). Via Policy 5.1, dwelling units may be added to this PUD because the amendment also proposes to reduce the intensity of the ovcrall PUD. Therefore, staff concludcs the amendment to the ShadowWood PUD may be deemed consistent with the FLUE. Transportation Element: The Transportation Division has reviewed the proposed amendment and finds the following: The adjacent roadway network has sufficient capacity to accommodate this project throughout the five-year plamling period. Rat11esnake Hammock Road has a service volume of 3,200 trips, with a remaining capacity of approximately 2,437 trips between Polly A venue and CR-95 1 ; and is cUl1'ently at LOS "B" as stated by the 2006 AUIR. Improvements of roadways adjacent to Rattlesnake Hammock Road are scheduled for completion in January 2008. This includes alignment of the intersection of Skyway Drive and Grand Lcly Drive at Rattlesnake Hammock Road. The intersection will remain unsignalized at this time. The proposed development produces 3 PM peak hour, peak direction trips which represent less that a .01 percent impact, therefore the project is consistent with Policies 5.1 and 5.2. of the TranspOliation Elemcnt of the Growth Management Plan (OMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13.B.5 and 10.03.05.H of the Land Dcvelopment Code and required staff cvaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recOlmnendation 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 are attached to the staff report (See Exhibit A and Exhibit B). Envir'onmental Review; Environmental Services staff reviewed this petition and detClmined that the proposed amcndmcnt will not have any impact on environmental issues. Similarly the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmcntal issues. Transportation Planning Review; Transportation Planning staff has reviewed this project and is recommending approval of this amendment subject to the following stipulation: The developer shall pay hisfair share of the intersection improvcmenls at Rattlesnake lIammock and S/"yway Drive currenlly undergoing construelion as part of the Rattlesnake Hammock Widening project. Payment shall be requiredfor six "P.M. Peak Haul''' trips pI"ior 10 Ihe issuance of the final certificate of occupancy for the newly constructed homes. Utilities Review: This project is located within the Collier County Sewer Distlict boundary, and shall be subject to application for and conditions associated with a sewer availability letter from the Collier Connty Utilities Division. Tbis project is required to comply with Ordinance 2004-31. ShadowWood PUD, PUDA-2007.AR.11283 September 20. 2007 cepe Page 5 of9 Agenda item l'~o. 8A November: 3. 2007 Page 15of147 According to the GIS, there is an existing 20-inch water main and 20-inch force main along Rattlesnake Hammock Road. Emergency Management Review: The ShadowWood PUD is located in a Category 3 Hurricane Surge Zone which requires cvacuation during some hurricane events. The addition of five residential units has minimal impact. Therefore, the Emergency Management Dcpaltment has no issues with approval of this petition. Zoning Review: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be pennittcd if the proposed zoning action (PUD amendment) is approved, and to the requircments or limitations set forth in the FLUE of the GMP. The proposed change as noted previously is minor - to add five single-family dwelling units to thc PUD by transferring 1.98 acrcs from Tract C (Private Airpark District) to Tract B (Single-Family Rcsidcntial). As noted in the GMP discussion, this PUD was approved prior to the adoption of the GMP, and has thus bcen deemed consistent by Policy if the overall density or intensity of use is not increased. When the ShadowWood PUD was originally approved, it was already determincd that the uses should be compatible with the land uses that have been developcd or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and thc Master Plan, the ShadowWood PUD is already developed with singlc-family housing. The proposed single-family housing would simply be a continuation of the cxisting line of single- family homcs located directly to the north of the proposed single-family homcs. In addition, the proposed single-family homes will be developed to the same PUD development standards as the existing single-family homes. The neighboring area has co-existed within thc existing ShadowWood development with seemingly little problems. As previously noted, the propelty to the nOlth of the proposed site is single-family homes. Directly cast of the site is Tract C, which contains the private air strip. To tlle south of the proposed single-family homes is Rattlesnake Hammock Road. Directly to the west is Skyway Drive, which the proposc homes will front onto and be accessed from, then a lake and multi-family homes. ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 ccpe Page 6of9 ,1l,aenda Item I~o. 8.1\ ~"j~ovember "[ 3. 2007 Page 16 of 147 AERIAL OF PROJECT SITE The original Master Plan submitted for the entil'e ShadowWood PUD is bal'ely legible. The petitioner has provided a I'edrawn PUD master plan that was recreated from the original adopted PUD master plan. It is entitled "B" and "PUD Master Plan" and dated Decembel' 2006. Only the absolute minimal revisions from the original master plan are shown. The revisions include strike through/underlines to the Summary Table and boundary changes to Tracts Band C. If the proposed zoning action (PUD amendment) is approved, this project will be required to undel'go review for Land Development (LDC) compliance at the time of future submittal. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on May 23, 2007 at 5;30 p.m. at the Wing South Clubhouse, 4130 Skyway Drive, Naples, 1'1. Approximately twenty people including the applicant, agent and county staff attended the meeting. Of those who spoke, most supported the single-family development proposed by the applicant. Most of the concems stated were relative to traffic, the architectural look of the homes, and the association. Heidi Williams, of Q. Grady Minor and Associates, responded that thc access to the new homes would be Skyway Drive and that 6 trips during peak hours would be created. She also stated that the homes would be similar in style to neighboring homes and the applicant is willing to propose language for the homeowner's ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Page 7 of 9 Aaenda Item f\jo eA t,Tovember 13. iool Page 17 of 147 association documents to reflect this commitment. The applicant is also working with the Tract B homeowners association to determine if they might be interested in adding the new homeowners to their association. If not, the applicant proposes to form a new homeowncrs association. The agent also cxplained to the neighbors that the five proposed homes are to be located on approximately 2 acres and that the property would be convelied fl'Om Tract C to Tract B. Synopsis pJ'Ovided by Consuela Whiteway, Planning Technician and rewritten by Nancy Gundlach, Principal Planner. RECOMMENDA nON: Zoning and Land Development Review staff recommends that the Collier County Planning COlmnission forward Petition PUDA-2007-AR-11283 to the Board of County Commissioners with a recommendation that this amendment be approved. PREPARED BY: (/' ,"l l 'ul^--- NANCY G,(JN LA- .1, AICP, PRINCIPAL PLANNER DEI' ARTME1'lT OF ZONING AND LAND DEVELOPMENT REVIEW '\' /) /(~ ,1 /, vu V lel ("J 2'-' /"7 t:.:;' ~)o l/i DATE REVIEWED BY: OlJl ' /J,b...~(e!Jd - MAR.TQ.! EM. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY - ~,(V6 8- 30 ~{)1- DATE ~ /1 (j'/ (1/ ~l ) ,!//' , ' 'II ('" "''''''''/. . (ilCl, /~ RAY ND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW c, ...,. ).':-. (, ~o 07 '..' ...~ . '" , DATE x:iU....J1i Yn. ..dJ.A1i;heL) /' SUSAN M. ISTENES, AICl', DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 9-(; -07 DATE ShadowWood PUD, PUDA-2007.AR.11283 September 20, 2007 CCPC Page 8 of 9 AC1enda Itsm No. 8l~, ~~ovembei- 13, 200? r)(-;ge 1Ei of 11',7 APPROVED BY: J S ~ '~. ;C~~ ADMINISTRA TOR- o MUNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION . yt/?'? I DATE Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: /1 /1 . (~':/I ;..-... , I . ; . 1-,' , \ /, . !' , \1 v ,vvV-' i A~'~C L._j, MARK P. STRAIN, CHAIRMAN O. _ r- ! -.' -7 ') '--' i L..i_ DATE Exhibits: A. Rezone Findings B. PUD Findings C. PUD Master Plan ShadowWood PUD. PUDA.2D07-AR.11283 September 20, 2007 cepe Page 9 of 9 Aoenda Item No SA November 13. 2007 Page 19 of 147 Exhibit A REZONE FINDINGS PETITION PUDA-2007-AR-11283 Chapter I O.03.05.H of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners 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, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies ofthc Future Land Use Element and thc of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None, Findings: Based upon stafPs review, the proposcd PUD amendment is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier COlU1ty and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map attached to the staff rcpOlt shows that the project site is a logical extension of the cxisting row of single-family homes. Con: The proposed changc may bc vicwcd by the surrounding propelty owners as an intrusion of new housing into their neighborhood. Finding: Staff believes the proposed PUD amendment will have a minimal impact on the existing land use. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts, Pro/Con; Evaluation not applicable, Findings: Thc location and zoning map attached to the staffrepOlt shows that the proposed site size and configuration of the tract is a logical extension of the single-family home tract, Tract B. 4. Wbether existing district boundaries are illogically drawn in relation to existing conditions on tbe property proposed for change. Page 1 of 5 ,L\aenda Item !\!o. t:A !'~overYi:Jel' 13, 20G7 Page 20 of 147 Pro/Con; Evaluation not applicable, Findings: The district boundaries are logically drawn as previously noted. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract cannot be developed in the manner currently proposed by the petitioner. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whethcr the proposed changc will adversely influcnce living conditions in thc neighborhood. Pro: The County's cunent land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies. As outlined in the Staff Report, adding 5 units and transferring land from onc dcvelopment tract to another will have a minimal impact on the density, changing it from 4.74 units per acre to 4.71 units per acre. Con: The additional dwclling units could reduce the arca perceived by the residents as open space. Findings; The proposed change will not adversely influence living conditions in the neighborhood because the existing development standards outlined in PUD should ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whethcr the proposed change will crcate or exccssively inCI'ease traffic congcstion or crcate types of traffle dee.Dlcd incomputible with surrounding Jund uses because of pcak volumes or projected types of vchiculur traffic, including activity during construction phases of the devclopment, 01' otherwise affect puhlic safety. Pro: Development of the subject propeliy is consistent with provisions of the Transportation Element of the GMP; approval of this project will have a de minimis impact on traffic, Con: The site gencrated traffic from the five additional dwelling units may be perceived by the surrounding property owncrs as causing negative impacts. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 2 of 5 Agencla Itsm 1'0. 8A Novembsr ~ 3, 2007 Page 2-, 01 "47 Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. 8, Whether the proposed change will create a drainage problem. Pro: Road and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed chunge will seriously reduce light and air to udjacent areas. Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requircment, corridor management provisions, etc.) were designed to cnsure that light penetration and circulation of air docs not adversely affect adjacent areas. 10. Whether the proposed chunge will adversely affect property values in the udjacent area. Pro: Urban intensification typically incrcases the value of adjacent 01' underutilized land. Con: None Findings: This is a subjective dctcnnination based upon anticipated rcsults which may be internal or external to the subject propetty, and which can affect pl'Opetty values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a propcrty is given a new zoning designation mayor Illay not affect value. 11. Whether the proposed chunge will he a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable because thc adjacent propcrty is already developed. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 3 of 5 .A,'Jencj3 !tsm ("io, S,A rJovenit:>f:r ':3, 2007 ;::-'age 22 of 14i' Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, givcs reasonable assurance that a ehange in zoning will not result in detcrrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Finding~: The proposed developmcnt complies with the Growth Management Plan, a public policy statement suppOtting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is ti.llther detemlincd to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordanee with existing zoning. Pro/Con: Evaluation not applicable. Findings: Any petition for a changc in land use is reviewed for compliance with the GMP and the LDC with the Board of COWlty Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioncr is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Stail' believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: The proposed residential project could reduce the areas perceived by the residents as open space. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 4 015 Aoenda Item !'~o. 8.1\ rJ~o\lember' 13. 2007 Page 23 of 147 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use, Pro/Con; Evaluation not applicable, Findings: Because the petitioner is seeking to amend a particular PUD to expand an already approved use, this analysis is not germane to 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, Pro: Evaluation not applicable. Con; The specific site under consideration in this PUD amendment is mostly cleared and is undeveloped. Findings: Any development ofthis site would require minimal site alteration. 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 LDC regarding Adequate Public Facilities, Pro/Con: Evaluation not applicable. Findings; A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be detennined as part of the development approval process. EXHIBIT A Rezone Findings PU DA- 2007 -AR-11283 Page 5 of 5 Exhibit B PUD FINDINGS PUDA.2007 -AR-11283 A:JencJa ilS-lTi ~'ic. 8,il, ~i=rvember ': 3, 2C':jl P8ge 24 of '147 Section IO.02.13.B.5 of the LDC of the Collier County Land Development Code requires the rimming Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of developmcnt proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. I'ro: The nearby area is developed with single-family residential to the north and multi- family residential across the street (Skyway Drive) to the west. To the cast is the taxiway extension at the rear of the proposed lots and the homes will have the option of connecting to it. Con: None. Finding; If the proposed amendment passes to allow the five additional single family homes, the buildings would need to be in compliance with the requirements of the LDC and the PUD document, regarding traffic and access, drainage, sewer, water and other utilities. 2, Adequacy of evidcnce of unified control and suitability of any proposed agl'eements, contracts, or other instl'UllIcnts, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintcnance of such areas and facilities that are not to be provided or maintained at public cxpcnsc. Pro/Con: Evaluation not applicable. Finding; Docwnents submitted with the original application provided evidence of unified control. The PUD document makes appropriate provisions for continuing opcration and maintenance of all service utilities. 3. Confol'lnity of thc proposed Planned Unit Development with thc goals, objectives, and policies of the Growth Managcmcnt Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff repolt) of the relevant goals, objcctives and policies of the GMP offering a recommendation that this petition be found consistcnt with the overall GMP. Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliancc. The GMP Transportation Element Policies 5.1 and 5.2 contain measmable components; however, FLUE Policy 5.4 does not. Compatibility is more subjectivc. Page1of3 Agenda Item No. SA November: 3.2007 Page 25 of 147 Finding; Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. 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. Pro/Con; Evaluation not applicable. Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing sUlTOunding uses. 5, The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: Development of these single family dwelling units, if this amendment is approved will not change the amount of open space required for this PUD. Con: The proposed residential project could reducc the areas perceived by the residents as open space. Finding; The amount of open space set aside by this project is consistent with the provisions of the Land Development Code pursuant to the PUD document. 6, The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and pI'ivatc. Pro/Con: Evaluation not applicable. Finding; Timing or sequence of development in light of concurrency req~lirements does not appear to be a significant problem as paJ1 of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals aJ'e sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transp0l1ation planning staff has determined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns. However, the determination that the proposed amendment would actually constitute "expansion" is subjective. P{lD FINDINGS PUDA-2007-AR-11283 EXHIBIT B Page 2 of3 Aoenda !t2m ["!G. St.., N-O\l~~:Tih9r 13, 2CJCi7 PZ";J2 26 0: 'IL!, Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject propeliy has the ability to support expansion. based upon the commitments made by the petitioner and the fael that adequate public facilities requirements will be addressed when development approvals are sought. 8, Conformity with PUD regulations, or as to desirable modifications of such regulations in tbc particular case, based on determination that such modifications are justified as meeting publie purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Not applicable. Finding: This criterion requires an evaluation of the extent to which development standards and deviations in this POO depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations. PUD FINDINGS PUDA-2007-AR-11283 EXHIBIT B Page 3013 <(r--r"- c:oO-.::t ::o~ ".c_.. (5 c... N .8 0 OJ -"'::;:01 ~:: m '-" n..o... == :> Q)~ .2TZ , ~'.~. N 1 j:l -, Q'1l)1,l ~:xJ11~'fI-I 3)('o'N$)lHVl1 ~/~Q f~ O~3 . ~ < ~, ~ 0- ~~ '>!~ c:f J :z,~ - .- .-~-- =-~=---- o ~ I ',I ?r~===~- I, l 'I I I ~I ~ ~ ~ '" < << i"'~~}~ > ; I ' < 5 fl'. .. 1I ~ :>-~~,~~~ ; [: ~ r" c " , < I; ~ i t; ~ >- ~ - ~ Ii! 1'-!l> .0> ~ H ~ ~ a I ~ ~ ~ w ~ & 6 ~ ~ "' ': ~' !. ... ,., II: U '" <.J r ~ ,- >- :'i ~ ~ M ffi ~, L;) ~,,,~,,,,,,,,,,,,,.,,,,.,,,,,,,,,--,_.,-,,. ........."..... . ~ ~ zC! ts~ co I W ~ V1i5 "- w", Cl D::: f- i==ld <( >- D-t!1:3~ g~<.., ~ <i~~~ --.J::::::tl/l " u 2:0 W i2f~ 8;=: <-j cr:Uu O~C5?<iIl ~lrl'Z ~m I- <t - ~ ~3:::;CI:::~ ozz20 0::00 :i lL.~ WI-- ZhJ Z Du..' I::,O ~1=1-f51- ~<tt6 otJ 0::_, Z 20 ~1?Q<.2 O'lc!~ ~ i: Cl:::LL; (J{J ~<(n' ::Y ~u " fi& ;i4':r:<ot ~~6'1~ ~Q:~~6 we-i~p:m VIm ~ (11 I ~:1~~~ OJ o z ~ $,- -Ut; ~ 5 . ;j m ~ . ~ . _II I ~ 'il' I a I, " ~ " ~ (, '" ;:j !3 " m ~ Iii " x w ~J V'5~ i=!!,; ,;-., ~ ~~; u, ~~. .n, ..( ~ R ~ <lo<, p:;:::>;:i,1 O~h' S;" ":::'1\ ~ '"'I' ~hi C)~ d~ : . j , ~ U t- ~ :t: >< w It . H ;: ~ I . ,L.~1ell'Ja item !\lo. f3A i..JC)vemt"3'r 13, 2007 :-'age 28 of 147 ORDINANCE NO. 07- AN ORDINANCE OF THE nOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMllER 82-49, THE SHADOWWOOD 1'00, BY AMENDING TIlE COVER PAGE; BY AMENDING SECTION 4.2., PRO,iECT I'LAN AND LAND USE TRACTS; BY AMENDING SECTION 4.4.C., MAXIMUM DWELLING UNITS; BY AMENDING SECTION S.2.A., P.U.D. MASTER PLAN; BY AMENDING THE PIll MASTER PLAN; AND PROVIlllNG AN EFFECTIVE DATE. WHEREAS, Wing South, Inc., represented hy Heidi K. Williams, AICP, of Q. Grady lVlinor & Associates, P.A., petitioned the Board of County Commiss.ioners to amend the ShadowWood PUD (Ordinance Number 82-49). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMllER 82-49, SHADOWWOOD PLANNED UNIT DEVELOPMENT The Cover Pnge of the Development Plan (also known as the Planned Unit Development Document), previously attached flS Exhibit "A" to Ordin.ance Number 82-49 for Shadow'\\'ood POO, is hereby amended to read flS follows: PREPARED BY: WILSON, MILLER, BARTON. SOLL & PEEK, INC. 1383 AiqlOrt Road NOlth Naples, FL 33924 REVISjOl) BY: !1..-0RADY MINOR & ASSOCIATES 3800 Via Dcl Rev Bonita Spri!1[!s. FL 34134 SECTION TWO: AMENDMENTS TO SECTION 4.2., ENTITLED "PROJECT PLAN AND LAND USE TRACTS" OF ORDINANCE NUMBER 82-49, SHADOWWOODI'UD Pm'agraph 4.2. entitled "Project Plan and Land Use Tracls" of lbe Development Plan (also known as tbe Planned Unit Development Document) of Ordinance Number 82~49, for Shadow Wood PUD, is hereby amended to read as follows: 4.2. PROJECT PLAN AND LAND USE TRilCTJ2: For the purpo~es of gl'Oss residenlial1and use area. the subjer.:t property is :tlG8.1 acres. The pro.iect plan including street \ayout and land uses is illus\mte,d in Exhibit "B", PUD Maslef plan, W-i-HreK, !'1i1ler, JJanon,-'soll..:..:. P~.eJ-, lr.(;;., D;:awin;; File pre. RZ 59. The project slmll l.:om,iSl of five land use tracts of general arM and configumtion as shown ill Exhibit "B", Words stH.~ are deleted; words Ilnd['.rHued <U'e added. Page 10f3 Agenda Item No. 8A I\Jovernber 13, 2007 Page 29 of 147 Tracts A & E - Multi-family Residential Tracts B - Single FllmiJy Residential Tract C - Privn!e Air Park District Tract D - Commercial Entrance Drive ::t 113.3 Acres f: '+"+5.68 Acres :t 3~835.82 Acres 1: 10.3 Acres ;to 3.0 Acres :t 168.1 Acres Total Area Assuming favorable (,-Cll!lOrruC and market conditions, it is the project sponsor's intent to complete development of the properly within six years. The lotal maximum residential units will be .)69574 units aL a maximum density of ~ MuuiLs pet' gross acre. SECTION THREE, AMENDMENTS TO SECTION 4.4.C., MAXIMUM DWELLING UNITS, OF ORDINANCE NUMBER 82.49, SHADOWWOOD POO Section 4.4.C., entitled "Maximum Dwelling Units" of lhe Development Plan (also known as t.he Planned Unit Development Docllment) of Ordinance Number 82-49, for ShadowWood is hereby amended to read as follows: C. M.Mimum Dwellinl2 Units: A maximum of f-J:.1Q residential dwelling units may be constructed. SECTION FOUR, AMENDMENTS TO SECTION 5.2.A, MASTER PLAN" OF ORDINANCE SHADOWWOOD PIm ENTITLED NUMBER "I).U.D. 82.49, Section 5.2.A. entitled "P.U.D. Master Plan" of the Development Plan (a (so known as the Planned Unit Development Document) of Ordioance Number 82~49 for ShauowWood is hereby amended to read as follows: A. The pun Master Phm r.1.'ilssll, Hiller, llaltan, gell & Pe6t, InG. Dffi'\'ing File Ne,...R.b- 5~, Sht'Jet ] of 21, is an illustrative preliminary development pl.un. SECTION FIVE, AMENDMENT TO TIlE POO MASTER PLAN, OF ORDINANCE NUMBER 82-49, SHADOWWOOD PIlD The PUQJ0.<).stcr Plan bas been revised as shown in Exhibit B. att'l.tili~ hereto and incornorared by reference herein. 10 jncr~f1sc the ,~ize of Truc! B. Single-Fnmilv Residentig1 and decrease Tract Co Private Air Park by 1.98::!: acres. This ulan. druwn bv O. Grady Minor & Associates. P.A'1....ITlodifics and reolaces the Oliginal Master Plan onlv to the extent that the tract adiustment described has heen altered. Ail other bOlll1daries are intended to be a" orieinallv ,adouled. SECTION SIX, EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words stfflek-H.~ are de.]elcd; words underlined are added. Page 20fJ Agenda Item No. 36.. Nov'3rnbei. '13. 2CiG7 PaGe30of~47 PASSED AND DULY ADOPTED by supcr-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ,2007. ATTEST: DWIGl:IT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: .TAMES COLETTA, CHAIRMAN By: Approved as to form and legal sufficiency: ~r~~~ lUJonc , tu cnt- tn'mg Assistant County Attol'l1cy Words tllTtlslr tluAl:Igh are deleted; words undl;:diiJ.fQ arc ndd~. Page 3 of 3 Agenda 119m No, SA ~~ovember 13, 2007 Pa~le 31 of 147 ORDINANCE 82 - ~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY fROM A-2, RSF-4 & C-4 TO PUD PLANNED UNIT DEVELOPMENT FOR "SHADOi'lWOOD" LOCATED AT WING SOUTH AIR PARK; AND BY PROVIDING AN EFfECTIVE DATE. WHEREAS, The Rookery, Ltd. petitioned the Board of Co~nty Commiss10ner~ to Chan9& the ZoninQ Classification of tho heroin described real property; NOW, THEREfORE BE IT ORDAINED by the Board of County CommlSS1.0ners of Collier County, Florida: Section One: Tha Zonin9 C1aa.ification of the her.in described real property located in Section 16, Township 50 South, Range 26 Ea.t, Collier County, rlorida ia ch.nged from"A-2, RSF-4 & C..4"to "PUDIl Planned .Unit Development In accordo!ince with the pun document attached hereto as Exhlblt "A" which is 1nc6rporated herein and by reference made. part hereOf. The Official Zoning Atla. Map Number, Number 50-26-5, a. described in Ordinance 82-2, 1s hereby amended accordingly. Sectlon Two: ,,, Thi.."Ordinance shall become offectivs upon receipt of .., . (., f' . ., -, ,~: '" "' C'> '" i:l .., ... o ... ... ;! ;;l ~ . ...... "",. " "" ,;,:' IOOX 015 rAcE1S1' ..,.'. EXHIBIT "A" ...;l. ..;''-' :'<;: ":"\N! .is .\~ ...., .\.r. ". .~:~r " , Agenda item r~D (,J-\ November i 3. 2D07 Page 32 of /,47 BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA notice that it has been filed with the Secretary of State. I, WI LLIAH J, REAGA.o;, Clerk of Courts in lll1d for tho 'lWentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is . true original of: ORDI~\NCE NO, 82.49 'TIkh ,'as adopted by the Board of COlmty Conmissioners during negular Session July 13, 1982, 1\'l'IXESS my hilfld and the official ,eal of the !\card of County Com- missioners of Collier Cocmty, florida, this 13th day of July, 1982. 11TLLIA" J, PI:AGt\N Clerk of Courts and Clerk Ex.ofriclo to Board of County Commissioners ~'~ Dy ""1'. ri Vlrpn . agri" (lu Y,_ DATE: July 13, 1982 STATE OF FWRrnA ~11 OF COLLIER 11\! ~ on! j nanco July, 19R2 and J\,ly, 1982, BY' C R (J~ c, R, "RUSS" WIMER. CHAIRMAN " '-J~ . i":' ";~;7~,\ , )~:t,. ....1._., '/~i:~ : : /:.~~ .~:.~.~ ....~r;. "., ::/ . ; " -} ',:t :::~ <~ ';61 ';-:~'!~': :';,:~i'~, ....".1.\. ", "\"ff:' "",';',I;~' '\~~. ~ ":;'". I "-:" IOOl 015 /ACf16.2 , , " L"" .__m~__~'_'__'___~__'""__'_'''~ ,-- . ,----.~---.-~..-~..'.--..-..- -- ..~..,"... . . -" --._~_.-_._~-" J' ShadowWood PLAN/lED UNIT llEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY, WILSON, MILLER, BARTON, SOLL ~ PEER, INC. 1383 Ai~port Rood North Noples, Florida 33942 DAn ISSUED DATE APPROVED BY CAPC PATE APPROVED BY BCC ORDINANCE NUMBER' ....... eOOK 015 PAcr163 6-24-82 6-17-82 7-13-82 82-49 Agenda Item f'~o. SA November '13. 2007 Page 33 { - TABLE or CONTENTS S~CTION I STATEMENT OF COMPLIANce SECTION II STATEMENT OF INTENT SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS TRACTS A ~ E- MULTI-FAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PR!VAT~ AIR PARK DISTRICT TRACT D - COMM~RCIAL S~CT!ON 1/ G~N~RAL D~I/ELOPMENT COMMITMENTS MOK 015 P~CE 164 ~----""'- - , ~ .~"""...._........or-~"'_.~,. ,l:,genda Item i\jo. ~)f:., r~ovelTilJer i 3. 20G7 ~::)age ~;4 of i "'; ~ Pf\GE 1-2 3 4 5-14 15-16 :'J'~ .: ::':-'~i:(~ n_ Aqenda item t">Jo. SA t,'ovember : 3.2007 PagE:: 35 of 1L17 SECTION I STATEMENT OF COM~LrANCE The purpose of this ssction is to express the intent of The Rookery, Ltd" 706 5th IIVenu. South, N.ples, Florida to develop +\68.1 .cres of land located in Section 16, Township SO South, Range 26 East, Collier County, Florida, The n.me of this proposal deyelopment shall hence forth be know DS Sh~dowWood. , , The development of Shadowwood as a Planned Unit Development will be in compliance with the pl.nning goals .nd Objectives of Collier County as set forth in the Comprehensive ~lan. The residential development with bssociated rccre~t[onal and private avlational f.cilities will be consistent with the growth policies and l.nd development re9ulatfons oE the Comprehensive Plan Land Use Element and other npplicoble documents for the following reasons. 1. The subjoct pro~erty h.s the necessory rating points to determine availnblltty oE adequate community Eacilities and services. 2, The project developmont is compatible with and complimentary to the surrounding land U6CS. 3, The subject property will provide a vegetative buffer between the property and Rattlesnake Hammock Rendl the surrounding vacant lanGs, and the single Camily residential units to the west. 4. The development shall consist prim.rily of multi-f~mily residential clusters and shall thereby provIde mo~e common op~n sp4ce. 5, The development shall utilize n~tur.l systems for w.ter management such ~s the cypress, willow, lower wetland areas, and natural drainage courses. !r. " 6. The development shall promote th~ maintenance of the residential neighborhood and be .esthetically pleasing snd Eunctionally efficient. '; r, , '. -1- -... iD~i 015 pm 165 ......_- ....--..-...- _. -.... .... Agenda item r'~o. SA, l\lc,\'ernber -; 3. 2007 Page 3C of ~i4 7 7. The number of egress snd ingress poincs shall be limited to minimize the impact upon the troffic flow along Rattlesnake Hammock Road. 6. The development ie complimentary to and consistent with the Collier County Comprehensive Plan Land Use ~lement. 9. The land may be used more efficiently, and made more deslresble resulting in a 8maller network of utilities and streets with consequent lower construction and future maint~nance coats. 10. Through p~op~r planning and good uniform development control, the development shall protect property value8 and meet th~ gener,l public welfare and safety of the citizens of Collier count:y. 11. The project will enable and encourage compatibility with the natural Dmenitiaa of the envLronmentAl as well as pres.~rve and enhance prescnt advantDges. \2. The appllcaclon of the development plan will permit flexibility and fenttlrc amenities and excellence in th~ form of va~lations in sitlnq, mixed l~nd uses ~nd varied dw~lling types, as well ~s uoaptation to and conBerv~tion of thu topography and other natur~l characteristics of the l~nd. rj~ With proper uniform quality large scale development, the project m~y be~t servo the public interest with alternate mixed land USI'!S. -2- 1001 015 fAcr166 ._.----~."._...._._-- --..--...-..---....... ,~ --. p,Qenda Item !'-io. SA N-ovember 13. 2007 Page 37 of 147 SECTION II STATEMENT OF INTENT ~. .:. '~ l-. It is the property owner's intention to continue the development of a single and multi-family residential pr01ect with recreational, commercial, and aviationsl faCilities, and other support facilities required of a development surrounding a private air park community. The project was initiated in the early lS70's with the development of single family residential condominium lots with common facilities. As part of the .ame property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster villages' mUlti-fs,nily residential unitsl single family residential lots, and variod dwelling unit types. The units shall be ce~te~cd around major points such as the air park, lakes, pine llnd cypr~ss: trees, common open SpbCCl-, and areaS of unique vcget~~ion. There m~y be r~cre~tional benefits consisting of jogging trui lsj para courses, privDtc swimming pools, neighborhood p~rks, tennis courts, ~ncl the unique feature of a priVAte airpark* , f.' ,. Resident" of this project shall be afforded the opportunity to own private airplanes and a single f.mily residentisl or condominium unit with the conv~niences of nvi~tional, recreational, and commercial services among a natural scenic environmental setting. Th@ resid@nt!.l deyolopment of low-rIse multi-f.mily and single family units shnl1 demonfitr~tG D quality wny of life for its residents th"t will be eminently desire.ble, esthetically plenging, Dnd environmentally sound. I i;; j\ ;', -)- BOO, 015 fACE 167 ..-....._,......_..~.....--~ ".'Iio ,. -.-...~~~---II"':"'"'-" . f\,gsnc;a. item }'-Jo. ~,,4 ~'D\;:;:;i.iner 1.3. 20u7 r'age 38 of ~47 seCTION III PROpeRTY OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROpeRTY OWNeRSHIP, The subject poopeoty is currently under the control of The Rookery, Ltd. 706 5th ^venue South, Naples; Florida 33940. 3.2. LEG^L DESCRIPTION, The subject pooperty Is de.coibed as follows: The e.at 1/2 of the a.at \/2 and: the nortn 1/2 of the nortnwest 1/4 of the northeast 1/4: the southeast 1/4 of tne northwest 1/4 of the northeast 1/4 and; ell bein9 tn Section 16, Township SO South, Range 26 East, Collier County, Florida, ALSO LESS the south f! fty (SO) feet for rocd ri9ht-of-way and any canement ri9ht-o!-way of public record. LESS IHNG SOU1'11 ^IR PARK PRIVATE VILLAS UNl'r 1, c Condominium, accordln9 to the Declaration of Condominium recorded in Official Record Oook 476, P"geS 304 to 350, inclusive, Public Records of Collieo County, Florida, as amended. -4- '" WlK 0151AGr168 '.f .,;ff: "" ,i.'], <),;(r ',''',',1 ...~~.'. ~~.~_.__._-_.._,.- Agenda Item No. 8A November 13. 2007 Page 39 of 147 SECTION IV GENERAL DEVELOPMENT REGUL~TIONS 4.1. PURPOSE: The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsoc to develop mUlti-family and single family residences in . low pcofile silhouette with .mple common open sp.ce associ.ted wIth the conveniences of 8v!atlonal, recrentional, and commercial services. 4.2. PROJECT PLhN ~ND LAND USE TRACTS: For the purposes of gross residential land use nrea, the subject property is ~16e,1 acres. The projoct plan inCluding street layout and land uses is illustrated in Exhibit "0'11 pun Master Plan, Wilson, Miller, Barton, 5011 & Peek, Inc., Drawing Pile No. RZ-59. The project shall coneist of five land usa cracts of general area and configuration as shown in Exhibit "3". Tracts ^ , E - MUlti-family Residential + 113.3 ^cres Trllcts n - Single Family ReBidential + 3.7 !l.cces Tr^cc C - rrivate ^ir ParK District + 37.8 IIcres Tract n - Commerical + 10.3 ^c....es Entrance Drive + 3.0 ^c....es Total ^r.a + 168.1 ^cres ^ssuming fovorable economic and marKet conditions, it fa the project sponsor's intent to complete development of the property within six years. -5- ~oo/ 015 PAcf169 .~-- . 'w... '. .'...''''T. ................,..~....~._ .......- ..... I ~ .T'. tT7'--,''''_4._'_._.'_,_",~._ l ;. .;: ~, t _,'. 1": f~ .:. " :; ;1' ,(, ~ '. c , ^. 1h i\. ., , -'; 1: ~: : .... ,'. J' ,(aend2 :t9:1l !\!C. SA. t~6v~;nlber- : 3. 2007 :-'sge 40 of 'j.!.'-:' The total maximum residential units will be 569 units at a maximum density of 3.6 residential unit. per gross sere. 4,3. TRACTS A 'E' MULTI-FAMILY RESIDENTIAL A. Purpose: The purpose of this section is to indicate the land regulationa for the .reas designated On PUD Master Plan as Tracts A and E, Multi-Family Residential. 3. Permitted Uses and Structures: No buildings or structures, or part thereof, shall be erected, altere~ or used, or land used, in whole or p~rtt for other than the followingl 1. Permitted Principal Uses and Structures, a. Multi-Family ReBid.nces. b. Common open space, recreational facilities nnd wntcr man~gement facilities. c. Nine hole golf course with the typical facilities of a private country club. 2. Pe~mittcd ^ccc65ory Usen and Structures: ~. Custom~ry accesDory uses and structures. b. Signs as permitted Bt time of permit application. c. Airplane hangers ~nd tie downs. d. rriv~tc road, ped~6trian and bicycle p~tnsl boardwalks and croBB-walks, jogging and nature appreciation traila, or other similar facilities constructed for purposes of access to C~ passage through the common Drees. ~. Lawn or golf course maintenance shop ~nd equipment storage. -6- BOO, 015 PACE 170 .,,' ......T~...... ...-...._. ..__. ,,~'''','''T'r..........~'''''', .r,~~-_"_~." _..... . " ...... . .-- . Aaenda Item 1';0. SA N~ovelTiber 13, 2D07 Page.cj 1 of 147 C. M.ximum Dwellinq Unitsl h maximum of 558 residential dwelling units. D. Minimum Yard Requirements for Principal Structures, 1. Depth from property boundary line (35) feet. 2. Depth from edge of all privatQ paved roads (25) feet. 3. Minimum distance between any twO (2) principal structures on the same parcel shall be fifteen (15) feet. 4. Minimum distance between a development phase, or con~ominium tract lin~ and any prlncipal.stcucture. shall be seven and one-half (7,5) feet. E. Minimum Yard Requirements for Accessory Structur~s~ hs requirod by the Collier County zoning Ordinance. F. Minimum Floor ^reo of Principal Structures, 900 Square feet for each dwelling unit. .' ~, J G. Ma~imum l~elqht of Principal Structure: Thr~~ (3) living stories above one story of parking with a moxlmum height of forty-five (45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be meDsured from the minimum basG flood elevation required by the Flood P.levatlon Ordinance. ., .f H. Minimum Off-Street Parking. Two (2) parking "paces per reBldentlal unit with a minimum of 1,5 parking Bpaces/unlt paved ond .5 parking space/unit r~s~rved for paving at a tlm~ d~emed to be appropri~te by the COllnty. '. l I~ I. Llmltntion On Signsl As permitted by the zoning ordinance in effect at time of application for building permit, 4,4. TRACT B !. SINGLE FMI!LY RP.SIDENTI^L ^. Purpose: The purpose of thls Beetion is to set forth the development pIon and land regulatlona for the areaS designated on PUD Master Plan as Tract n, Single Family Residential. -7- lODK 015 fAGE171 Aoenda !i-oS:Ti [\]0. 8.A. Novell';~!8r : 3. 2007 Pa~leLi2nf1L1.7 B. Permitted Uses and Structures, ~o building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,,' for other than the following' 1. Permitted Principal Uses and Structures, a. Single ramily Residences. b. Common opell space & water management facilitLes. 2. Permitted Accessory Uses and Structures I ~. Customary accessory uses and structures. b. Recreational uses and facilities. c. Airplane ~angers Or tie downs. C. Maximum Dwelling Units: ^ maximum of 11 residential dwelling units may be constructed. D. Minimum Yard_~equirement.: 1. rront Yard - 25 feet 2. Side Yard - 7.5 feet ), Rear Yard - 25 feet 4. Accessory structure as required by current zoning ora i rHlnce. E. Minimum root Width: 100 feet. L Minimum Lot "rea: 12,000 square feet, C. Minimum rloor ^rea of Principal Structure: 1/200 square feet exclusive of patio, garage/ and/or airplane hanger. -6- MDi 015 rm17~ -:";~:;..A_._'.r .-..l~7.jJ;;;:..f~\~,,"'I:~.,_ . ":' -0;:-....--................ --.~--_..__. ...~~"..-...-~l:.: Aaenda Item [\lo. 8.A N~ovemb8r 13. 2007 Page 43 of 147 H. Ka.imum Height of Principal Structures, Three (3) stories above the finish grade of lot or from the minimum base flood elevation required by the flood elevation ordinance. I. Off-Street Par~inq Requirements: Two (2) spaces, at least one of which shall be located withtn the permitted butlding area. J. Landscaping and Buffer, ^ll buildings, enclosures, or othe~ structures con8t~uoted fot purposes of maintcn~nce, shall have ~ppropriate screening ~nd l~n~acaping. 4.5. TRACT "C', PRIVATB AIR ?ARK DISTRICT' ^. Purpose: The 'Jurpo!>e of this section is to indicate 'the development plan and land regulations for the areas designated on the PUD ::astcr Plan os Tract "eft, PrIvate Air Park District. B. Dave:opment Pl~nl I, ~ha primary purpola of this Tract will be to provide the necesaary aviatlonal support facllttles to ..ccommodatc a private llirport. Thc$c arctls shall be utilized only in acco~danc~ with the provisions necessary to m~intain and operate the privDte air parK, 2. Except 1n brcns to be used for w~te~ impoundment and principal or accessory use ~rcaSf ~ll natural t,ees and other vegetotton as but,er shAll be protected and presetved 00 long a. ouch plont life shall not Interfore with tho control of .Irspace within 700 feet from the end of the primary runway surface. C. Uses Permitted: NO building or structure or part thereof, shall be erected, alterl:d 0[' used, or land used, in whole or in part, for other than the following: -9- ,..... ,..............."" ~ .' ~ .,...r, ~."".._....~'l. . .~~, ...........-.............. -.... ..-.................----... IOO~ 015 rAIE 17 J , .~. ..,' " A08nda Item [\0 8A hfovernher -: 3. ioo7 Pa;J8 .cl-4 of ~47 1, Permitted Principal UBes and Structures, a, hirport runway and administration building. b. ~irport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d, Aviational maintenance and service shop. e. W~ter m~naqernent f~cil1tieB. f. Any other Bimilar aviational support facilities that may be neceBsary or compatible with the operations of a private air park. 2. Pe~mttted Accessory Uses and Structures: a. Accesoory uses customarily asaociated with the UBes permitted in this district. b. Lawn Or golf COULSe maintanance shop ~nd equipment stornge. c, Signs as permitted at time of permit application. O. Minimum YArd Requirements: 1. Setb~ck from cclge of primDry ~unw~y G'lrf~ce - 100 f c~t. 2. Othet' Stl;'uctut'~s must conform with setbacks of the abutting properti~s land Use regulntionsl however, they may not be placed within fifty (50) feet of the primary runway surface. E. Control of Airspace, The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The contt'ol shall be of such a nature as to prevent any airport haz~rds f~om being grown, erected, or otherwise placed within 0 glide path of 20,1 from the ends o[ th~ prim~ry runway surEnce. -10- ,. ',~,ij.' '.,J.\ ,~! ~ ..."." .... ,~ _~w~ ~__ __....~~,. _~.,..... ,..- ...--.---......t', ...... n.._.'~_ ._~ t-'!\j! .{, ::~~~ ~.::.~ "~' ~ IOQ~ Q15 rACE174 --.. - - ,~genda Item !\io. SA Hovernber 13, 2007 Page ~5 of 147 4,6. TRACT "0" - COMMERCIAL 1\. Purpose: The purpose of this Section is to set forth the development plan and land regulations for the ~reas designated on PUD ~lastet' Plan DS Tract 110", Commercilll. 8, Uses Permitted: ~~o building or !Structure, or part:. thereof, shall be erected, altered or used, or land u5~a, in whole or part, for other than the follo.....ing: 1. Permitted prlnclp.1 Uses .no Structures: a} t\ntique shops; art st.udioSl l\r-t supply shops! oviation fueling facilities without repairs, aviation m.intenance ond service Shop, airplane nflnqer6 ~nd tie-downs, administr~tion building. b) n.kory "hop"; borber and beauty shops, bath supply storasr bicycle sales and servicesl blueprint shops, bookbinders: boor. stot:es; business machine services. c) Churches and other plllces ot worship1 clothing stores, cocktall lounges I commercial recreation US~9 - indoor; commerci~l schools, confectione~y and candy Btores. d) Oelicatosoona, drug stores, dry cleaning shops: dry 900da storos; end d~apery shops. f) florist Shops, -11- ,;~ ,~ 'H; ~ ~~'--"'''''''~'''~'""",-,--,--~-,-"".,\'''''''''.'''''-' .....,.~..._..._"-. " , MQK 015 PACE 175 ':.:, :il '1: ...,.. ,~. \ I. .. g) hi il l, -. .. j) . .. . ~, 11 ~ J m) , ~>,- I', I: 01 01 pi r I 51 t) u) , V) ~, . .' ',' .: ., {. wI I~ l' x) " y) .Agenda !tern No. eA r\jov.2mber 13, 2007 Page 46 of 147 Gatden aupply stores - outside display in side and rear yards, gift .hops, gourmet shops, Ilardware storeSi health food stores. Ice CreAm stores. Jowelry stOres. Laundries - self service onlyt leather goods; legitimate tne~tresJ liquor BtoreS1 locKsmiths. M~rkets - food and/or me~ti medical offices and clinics; millinery shops; museums; music stores. News stores. Office - general; office Sllpply stores. Pulnt ~nd w~11p~per storeB7 p~t shoPSl pet supply ShOPSf photographic equipment storesr pottery otorQB~ printing1 publishing and mi~eogrnph service shops~ private clubs: professional officC'b' nndio and television sole9 ~nd tervices; research and design l.nbs: re1;t~urants. Shoe repuirl shoe ntores/ shopping centers, souvcnir storcs. Tailor shops, taxidermists; tile sales - ceramic tile; tob.cco shops; toy Bhops; tropic.l fish stores. UpholRtory "hops. Variety shops; vehicle rental - automobile only; veterinarian offices and clinics - no outside kennels. Water M~nagement FacilltLes. Watch ana precision instrument rep.ir shops. Any other commercial us. or profession.l service which is compar.blo in n.ture with the foregoing uses and which the zonln9 director determines to be compatible In the district. -12 - '. -'-'~---_._- -.--.--. ....-'._....-~-- ."......--...-- ~OOl 015 PACt 176 ~ ~ . --..---.. Aqenda Item No^ 8A fJovembel' 13, 2007 Page ~7 of 147 2. Permiued ^ccesBory Uses and Structures: a) ^cce.sory use. and structures customarily aSBociated with the principal uses. b) Caretaker' B t'uidence. c) Signs ns permitted at time of permit application. 3. perrnLtted Uses and Structures: Subject to Site Plan ^pproval. a} Car Hash. b) Child care center. c) Commercial recreation - outdoor. d} Detached residence in conjunction with a business - one (1) per huslness. e) Permitted LIse wi.th lesa than 1,000 squllre feet groBS floor areD in the principal structure. f) Vehicle rentals, g) llotel, motels! qnd time sho!1t:e facilities. C. Minimum Lot Arell: Ten thousand (10,000) sguat'e feet. D. Minimum Lot Width: One Hundred (100) feet. E. Minimum Ybrd RequiromentSt I. front yard - twenty-five (25) feet. 2. Side yard - none, or a minimum of five (5) feet with unobstructed pa5~age from front to re~r yard. J. Renr yard - twonty- fj ve (25) feet. f, Distance Between Structures, Same as for side yard setb.ck, G. Maximum Heiqht of PrinCipal Structure, 45 feet. H. MInimum floor ^re. of Structure: One thousnnd (1,000) squ.re feet per building on the ground floor. I. Ht'ximum Densi~: Sixteen (16) units per acre for transient lodging facIllties~ hotel, motels, and time share facilities with. ma>imum floor area of 500 squore feet per unit, -13- --- lOOK 015,m 177 ~. ',j' ';..f ';1 '-. -'~" , P,qenc:a item r'~o. eA t~~ovelllher 13, 2007 Page i18 cf 147 " J. Off-Street parkin! ReiuirementsI zoning ordinance n e fect at the permit. he required by the time of building -14- ii": r,l I,~ '.' " ... ."..' .....\. ... ~.... 1;......~~1... 6:1 .........1't,o~\.,..~....,....l:"'....."...~..:.,7\;..::__..7\ :;,'.,;" '_" r-'~-I"'! . . :.... ..-......... ~OOK 015 PACE 178 .;~ r \) Agenda Item No. SA November 13. 2007 Page 49 of 147 ") SECTION V GENERAL DEVELOPMENT COflMITI1ENTS "':\ 5.1. PURPOSE: '. The purpose of this Section Is to set forch che standards for development of the project. 5.2. P.U.D. MASTER PLAN: A. The PUD flaster Plan (Wilson, Miller, narton, SoIl & Peek, Inc. Drawing !'ile No. RZ-59, Sheet I of 2), Is an Illustrative preliminary development plan, n. The design crit~ria and layout illustrated on the Master Pl~n nh~ll be understood os flexible so th~t, tho final dosign may ..tis[y the project and comply with all bpplicabl~ requtr~ment9. C. All ncccsD~ry cnS0mentsr dedications, or other instrumentu shall be gr~ntQd to insura tho continued operation and m~intenanca of all service utilities. \. D. Minor design changes shall be permitted subject to staff l!ppro'val. E. Overall 6ite design ahall be harmonious in terms of landscapin9, onclosuro of structure, locations of 011 impcovod facllitios, nnd locatIon and tc..tment of buff.c at't?as, f. To pcotect the Integdty of the Planned Unit Development, residential neighbochood, the only accesa coad shall be the pcivate ro.d as shown on the Master Plan with an exception for temporacy construction roada. G. Areos illustrated as Mlakes~ Sh311 be constructed lakes, or upon ~pprovalt parts thereof may be green areas in which as much natural foll"ge as practical shall be pres~Lved6 Such arQns, lak~s and/or natural 9~een ~reas, sMal"} be of general area and configuration 09 shown on th& M~ster Pliln. -1$- ~. . 6.........___.,., .'___' ,<...7'.,..... ,~.~~_..~. ..f , .,'. ","'. '>) . I~.~ '>L MOt 015 rm179 ."'1 ",~:f :;h. .;,:: Agenda Item l'>Jo. SA ~J(\\/'2mber 13. 2007 Page 50 of ~i47 II, HetlAnd subzones "A-I, "'-2, "'-3, a-I, C-l, 8-1 and 8-2" (Nilson, Miller, Barton, Soll & reek, Ine. Drawing rile 110, RZ-S9, Sheet 2 of 2), are illustrative Subzones and will be conserved as much as practicable as storm water manaqement/open space areas. These area. will be flAgged for protection, prior to dev.lopmeno, 5.4, "ATER MANAGEMENT, A. Detailed water management construction plans .hall be submitted to end approved by the County Engineer prior to commencoment of any construction. B. ^pprop~iate easements to be granted to Collier County for maintenance of perimeter Bw~le system. 5.5. SOLID WASTE DISPOSAL' Such ~rrangement and Dqreaments as necessary Bh~11 be made with an approved solJd waste disposal service to provide for solid wa9t2 collection n~rvice to all areas of the project. 5.6. RECREATION fACILITIES: ^ minimum of three swimming pools and lhreo tennis courts sllall bQ constrlJctcd by ttle project sponsor. ~dditionftl rocroational facilities may be constructed by the futuro residant!": of this project. 5.7. TRAffIC: A, The project "ponsor will provide to the sppropriate governmental agency, an additional right-of-wsy of 17,5 feet along the south property boundary line for future road widenlng of nattlesrlclka Ile.mrnoc}~ Road. a. The project sponsor agree' to construct a right and left turn stornge l^ne on Rattlc9nako If~rrunock Road fot' traffic entering ShadowWood and to pay his proportionote share of the costs of a traffic signal at the project entrance when required by the appropriate governmental agency. C. A sidwalk shall be constructed on one side of the main entrance road into the project. -16- . _ ___.~r~:--"_"".__'" ~ ...,~...l"--""'__"'_ bOOI 015 pm 180 ---~_. ~.__.. .,-- - -- Aqenda 11em No. 8/\ t~.ovember 13. 2007 Page 51 Df 147 5.B. UTILITIE:S: ~. ~ cent~al water supply system shall be made available to all .~eas of the p~oject. The water supply source fo~ the p~oject shall be the County system. E, ~ll areas of the project shall b& serv&d by a central wastewater collection system and by an existing off-site waste water treatment plant, The existing plant shall be expanded a. may be needed to meet the anticipated demnnds. Plan. and D.E:,R, permit applicatio~9 fo~ the sewage treatment plant shall be submitted to the Utility Division. C. The project sponsor a9rees to comply with all applicable County laws and ordinances governjng utility prOVisions nnd fadUties, D. Telephone, powor and T,V, cable service shall be mac1e available to nIl re.idential .reos. All such utility lines shall be installed vnderground. -17- , )~ --.. .-.,'- .., ..--. ..~.)'. ., , , .~ .,' ." ...'....,. ......, ,,, .~ - ---...- .......- .'.11 ~ i "L :t;~ J' ... ~oo~ 015 tAt! 181 TO 1001 c8pv/ 9 ~ '-~"loWOn.:;.." _-'~-.'~~~ .----..::c".-,._: W_ Ii I llq , '. " :..<~, ~. I ; , I 1 \ , ) 1.- 1,....<.. ! . :' '\':,! i I ii', '''_~= .01 :;{.. l:~ I ,; I '~'i ~'> >s.:....-<. I' . '(,J \ : t II i ~' '. I' .~ :.~~ '~ 1" <: __0_ ! ,I, !: !I I' --Ii r' i'; , ,,,:,,,: ii;<IJ '1' :',1 1 Ii I' il:; I 1:: ) ,J;! I i; 11 t. I: , I i. ! '---=H : (r'-"'-~=" '\ \\ I \\ : I : !II I ,) I ,,// ., __I. --1, I H 11 il " }. r '.' I 1,,.1(( ';Jl-.' ;IU1 ' c':?",,_ 'r ,I '. I I -'" -,' ..II' .' '~:/7\ '. . 'If I Ii:: ::>:' Wh};J , " Ii! II cJ): II! _... . I , 'If' " '. r::::::r , : : . . ~ Jj' I('? ,;1. ' >:;, I I . 1 If .J\I ,\ . J' . ,I:. I :', D ~ G \/\I'I~' \_.~. f~(f,1 I I . "'~\~A '.A<I// _.J"L.,J :DI'/~~<>~;;" '. J~~' . '\ ~ :d'L:;:;:;:-.o.......~ ~~ ~.~'" $;:.....J I I ,., '.-._ 1(-1 ._~ "'''''''' _:.....-..~ I I' <"\.~.:~~::-:-~ '__ _ .! ~' '! j I.l= :'.:.i1 1 'JI , tL I, I:! " I, <1-. ~ ~ ~ ,,,":; F- ~~, ~ ~; ~E :::fV 5),~ ,:::(..!- , ~: ~ I ~~ ~ =--:-=-~ovoo~;;~3;NST"U~-=::~-= ~~C) 3~"l~~< ~~*Z%~ IdL~ 2 q g" < ~jD u o i~ ffiK ~ ~ ~ t; ~U , " " ~ ~ . ~ J i ~ " ~ 5 If ;,;: () l ~ ~ ~ ffi r. I 0 ~ s: 1'-' w e; ff 8 ~ ~ I I I ~ <ll <.) Cl ~ G t t t ~ ~ ~ ~ g [J u ~ ""..~,urlQn/t__-_I,,,,,,,~........_~_~. ~ * t;::@ 1:)..-r. g &;~ tl. w~ o ~.... ~w >- (L~I{t~ g:2:0::<:: <(?;~S ..J~IV1 ~o()w ;::;I-o:r: . n:;o~l--u o~~:?;.:ct ~(nZ!<ro l-:-!- LV) :E>~g}l- OZZlL.~ p':~OiJJI_: oCi~5o IO! c: >- i:J >- ii]<iuio(l) O::..JZz.~ G:12Q,zZ O-::W~:r:~ (/)~W~O :<fOO::: 0:>- :>z:i~9.€ ~:S~~12 I(Li=W~ [jo::Z~g ~l=!~ ~{/'l~(j}~ :c--t:z:: =_ l-:E=:J~:> Gj ,- Q Z ~ ~ . ~ ~ 5 -~ rn (.:. ~ ~ g ~ " " I I: ill! Iii ~ ~ " '" ~ l'l .. ~ ~ <:i ! '-<I j' ~;~~- !O"!; , d~H ~ Q. "'," ~~ ';;W ~ ~~~ o. is,. ;t,\ ~~~1 9H ""I l:" ., C!o co I- en I >< W ; , , I,I! . i I ! c::( r'- r_ oja7 O~ ~~~' ,- l;) 'D en ro D- I J " ! ! 1 < ~ 1-..,., II tlOv II < 1\1 ~l I-~!i I~ j .~. "1' -l..",,,,,I--:.'I--+, ,.- f"''-I'l' .-+,:ji Ii:. . ,. -.. l I,',:=:J,' . 111, 'ic--- I',"".' '" 'i lL .,i~ '-,_=ci=_I.=~--.li ,_.l-L.L:I =j r\, i ill, 1 " . i TTT 1-'-'-1 I,! II ... i " I gl !l_~lJ~_J~_:_i!_ ~--ll' ~}=--,'-',4.~,v)! III -...... t----~,' i' --': ._-t~_., n ~., '1 r"i-<.~.'~',. lEt '!I' -1--' . , ~ ;11 "'1" !., i .-------~-. .---- : I Ii! ! :~~; (c r i :1 , 'I,D , IL , I I J- :::::..~,~~i~~~'.-_.__ : 1 , I, _m~ / Z- f I ! ,~ ! . !~ I 1- [Ji l~ " , j . . "F I, l' I , 'I i II. ; · III . QV{~r.lmoo 1 I!. . III I~ !I I . , I ! j a.. <3:: ~ C) Z Z o N '" '" N '" "" ...., 01 0' Ni :., a. .. z o l- I- W a. a.. <3:: ~ z o I- <3:: U o .....J, . Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners _ Landscape Architects February 9, 2007 MARK W. MINOR, P.E. NORMAN j. TREBILCOCK, A.I.C.P.. r.E. c. DEAN SMITH, PE. DAVIDW SCHMITI,P.E. MICHAEL). DElATE, F.R MICHAEL T Hji~ P.E. GARY J. GA5PEl%NI,ll'jl:pcy Gundlach, AlCP WILSON A. GIiiltiI1'clj:Ja1 Planner Zoning and Land Development Review Department Collier County Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34]05 Agenda Item No. SA r"ovember 13, 2007 Page 55 of 147 D, WAYNE ARNOLD, A.I.c.p, STEPHEN v. BURGESS, P.S.M. JUAN A. ARAQUE, P5.M. KEITH A. STEPHENSON, P5.M. KENNETH W, PAHUTSKI ALAN V. ROSEMAN JEFFREY S. CURL, ASLA. RLA IVY V\'YLfE, P.E. REV: I Subject: Shadowwood Planned Unit Development Amendment PUDA-2007-AR-I1283 SHADOWWOOD PUD Project: 19990174 Date: 2/20107 Dear Ms, Gundlach: DUE: 3120/07 On behalf of Wing South, Inc., I am pleased to prcsent for your review a minor amendment to the Shadowwood PUD (Ordinance 82-49), which is located approximately one mile west of CR 95] on the north side of Rattlesnake-Hammock Road. The requested amendment will allow the owners of unused land currently within the Private Air Pal'k district, or Tract C, to subdivide 1,98* acres into five single-family lots. Because of the decrease in commercial use, the increase of residential units has been deemed to be "no significant impact" in a letter dated November] 7, 2006, from Ray Bellows, Zoning Manager, attached: This decision requires staff to review only those areas of the PUD that will be altered by the amendment. The applicant does not retain control of several areas of the PUD, and wishes to ensure that no unintended negative consequences are rendered on tJ1e other property owners by the proposed amendments. As required by the application checklist, this submittal contains the following items: 1) 24 - detailed Narrative; 2) 24 - completed application; 3) 24 - pre-application meeting notes; 4) 24 - revised Master Plan; 5) 24 - original PUD document (Ordinance 82-49) and Master Plan; 6) 24 - revised PUD document with strike-tlrrough/underline of changes; 7) 4 - warranty deeds; 8) 4 - legal description and survey; 9) 2 - corporation information; 10) 2 - signed affidavit; II) 2 - covenant of unified control; 12) 2 - addressing checklist; 13) 4 - historical survey waiver request; 14) 4 - utility provisions statement; 15) 7 - traffic impact statement; 16) 5 - aerial photograph; (239) 947-1144 _ FAX (239) 947-0375 _ Web Site: www.gradyminor.com 3800 Via Del Rey _ Bonita Springs, Florida 34134-7569 EB 0005151 _ LB 0005151 . LC 26000266 NG02092007 -I. WSPl Agenda Item I~o. SA November 13, 2007 ?aJ8 5f, of 147 17) 1 - electronic copy of all documents; and 18) 1 - letter of no objection from USPS. In addition to the required materials, we have also included the following: 1) 24 - letter from Ray Bellows, Zoning Manager, regarding amendment type; 2) 1 ~ application fee of$9,067, which includes some of the legal advertising fees. The original PUD Master Plan that was adopted in 1982 is no longer legible. Research of County records indicates that no legible copy of the adopted plan was retained. For the purposes of this amendment, Q. Grady Minor & Associates staff utilized an over-sized color plan to re-create the adopted Master Plan. It was then revised and reduced to indicate the proposed PUD amendment. \Ve have attempted to be as accurate as possible in ordcr to avoid altering any of the Tract boundaries or acreages other than as described in this application. We would like to thank you in advance for your assistance with the petition. Please feel free to contact me if you have any questions. Sincerely, ~. ;<i0~o~<:) Heidi K. Williams ~~ . Senior Planner HKW:sme Enclosures NG02092007 -2 - WSPl .".aenda Ilem I~a 8A N'avember 13. 2007 Page 57 of 147 ShadawWood Planned Unit Development Amendment Proiect Narrative The ShadowWoad Planned Unit Development (PUD) was approved on July 13, 1982 with the adoption of Ordinance 82-49. This PUD permits a unique "fly-in" residential development an the north side of Rattlesnake-Hammock Road, approximately one mile west of C.R. 95 I. The Wing South Airpark was actually in existence priar to adoption of the PUD, but the approval expanded the scope of the facility. To date, the PUD contains twa multi-family condominium developments and eleven single-family platted lots. A multi-family tract on the north side of the PUD, which is under separate ownership, has not yet been developed. The existing Master Plan desil,'nates Private Air Park and Commercial tracts in addition to the residential areas. This petition seeks to remove 1.98," acres from Tract C, Private Air Park, and add it to Tract B, Single-Family Residcntial. TIle application also seeks to increase the allowable number of dwelling units from 569 units to 574 units. The additional five dwelling units will all be specifically allocated to Tract B. The overall density will increase slightly from 3.38 units per acre to 3.41 units per acre. No development standards are proposed to be changed with this amendment. The requested amendment is consistent with the Collier County Growth Management Plan. The revised density of the PUD will remain in compliance with the current Density Rating System. TIle PUD is located within the Urban Designation on the Future Land Use Map, which allows up to four dwelling units per acre. Therefore, the PUD is consistent with the Future Land Use Element. The Transportation Impact Analysis provided estimates the amendment will only add six peak hour trips to the road network, which is not considered a significant impact to the surrounding road network. Therefore, it is consistent with the Transportation Element of the Comprehensive Plan. The proposed amendment will place slightly more residential intensity in this location. However, there is an equivalent decrease in non-residential intensity due to the reduced "Air Park" acreage. The request is appropriate because adequate infrastructure is already in place to accommodate the additional units. The subject property is a previously cleared area located at the south end of the PUD. It is bordered on the east by the runway for the air park in Tract C. Beyond this is an undeveloped portion of the Naples Lakes Country Club. South of the subject site is the entrance to the PUD, Rattlesnake-Hammock Road and the entrance to the Lely Resort Development of Regional Impact. The additional single-family homes will be bordercd on the north by similar homes within the development and on the west by multi-family condominiums, also within the PUD. Based on the existing and intended uses surrounding the subject site, the proposed single-family homes will not cause any adverse impacts on neighboring property owners. The proposed amendment is sensitive to keeping the integrity of the originally adopted PUD document intact. No dimensional development standards have been altered. Due to the quality of the original Master Plan, a new Master Plan drawing had to be created for this petition based on exhibits within County records and survey data. To the best of our knowledge, no acreage calculations or tract boundaries have been changed other than the intentional modifications subject to approval of this petition. The requested amendment is consistent with the Comprehensive Plan and is compatible with the area. Five additional single-family homes will not constitute a major increase in impacts and therefore, the PUD amendment request is appropriate in nature. Agencia Item 1'-10. a.A Novernber 13. 2007 Pa98 58 of 147 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COlLlERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, flORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER I PUDA-2007-AR-11283 Project: 19990174 Date: 6/11/07 DUE: 7/10/07 I REV: 2 ] NAME OF APPlICANT(S) WING SOUTH. INC. ADDRESS 4310 SKYWAY DRIVE CITY NAPLES STATE FL ZIP 34112 Telephone # E-Mail Address: CELL # Fax # NAME OF AGENT a. GRADY MINOR & ASSOCIATES, P.A. ADDRESS 3800 VIA DEL REY Telephone # 239-947-1144 CITYBONITA SPRINGS STATE FL ZIP 34134 CELL # Fax # 239-947 -0375 E-Mail Address:hwilliamsIalQradvminor.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS, Application For Public Hearing For PUD Rezone 6/J4f04 Aqenda Item I~o. 8A N'ov~mber 13, 2007 ~n ~ -< "::r Complete tne following for all Association(s) affiliated witn tnis petition. Provide additional sneets if necessary. NAME OF HOMEOWNER ASSOCIATION: SHADOWOOD HOMEOWNERS ASSOCIATION. MR. RUSSELL BERGHUIS MAILING ADDRESS 6202 SHADOWOODCIRCLE CITY NAPLES STATE FL ZIP34112 NAME OF HOMEOWNER ASSOCIATION: SHADOWOOD PARK. MS.LORI BENNETT MAILING ADDRESS 6475 SEA WOLF COURT CITY NAPLES STATE FL ZIP34112 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 tne property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenoncy, list all parties witn an ownership interest as well as the percentage of sucn interest. (Use additional sneets if necessary). Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 6/14/04 Aqerl(Ja 11em [-.Jo. SA hTovember ! 3. 2007 Page 60 of 147 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 Wina South, Inc. 431D Skvway Drive Naales, Florida 34112 100% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Nome and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 6(14/04 Agenda Item !~o. SA November '3. 2007 Page 61 01147 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. Nome and Address Percentage 01 Ownership Date of Contract: N / A I. If any contingency clause or contract lerms involve additional parties, list all individuals or officers, if Q corporation, partnership, or trust. Name and Address g. Date subject property acquired [gJ leased g Term of lease 6/25/1996 yrs./mos. If, Petitioner has option 10 buy, indicate the lollowing: Date of option: N/A Date oplion 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 Hearing For PUD Rezone 6/14/04 AqemJa liem hlo. 8,1\ ~~~ovel11ber 'i 3. 2007 Detailed 1e2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range ~/ 50S / 26E Lot: Block: Subdivision:Airpark South !!.f Shadow Wooe! Plat Book--1'L- Page #:__Z'L- Property LD.#:73284Q99507 Metes & Bounds Description: See Attached Size of property: 180 ft. X 750 ft. = Tolal Sq. Ft. Acres Address/generallocation of subiect propertY: The subject property is located on the north side of Rattlesnake-Hammock Road. approximate Iv one mile west of C.R. 951. PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities D Commercial o Industrial X Mixed Use Zoning land use NPUD,A SPUD EPUD NaDles Heritaae. undeveloced Lelv Resort DRI. undeveloaed Naples Lakes Country Club. undevelooed WRMF-6: RSF-3: A: RSF-4, A-ST Law densitv residential: vacant Does the owner of Ihe subject property own property contiguous to the subject property? Yes If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range ~/ 50S / 26E Lol: Block: Subdivision: Wino South-Condo Plat Book-L Page #:~ Property 1.0.#: 00425960000 Metes & Bounds Description: . Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A November 13. 2007 7 This application is requesting a minor amendment to the Shadow Wood PUD to convert 1.98:t acres from Tract C, Private Ai, Park, to Tract B, Single Family Residential. Present Use of the Property: The subiect DrODertv is clJ.rrentlv vacant land. Proposed Use (or range 01 uses) of the property: Five sinale-familv homes. Original PUD Name:Shadow Wood PUD Ordinance No.:82-49 Pursuant to Section 10.02.13 of the Collie, County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation 10 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 dacumenlation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.Bl I. 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. 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, abjectives and policies of the growth management plan. 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. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Application For Public Hearing For PUD Rezone 6/14/04 ,A,oenoa Item f\!o SA f,Tovr:::>mber '13,2"007 8. Conformity with PUD regulations, or as to desirable modificatians of such regulations illiBtl64 01 1~.7 particular case, based on determination that such modifications of justified as meeting public purposes to Q 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 Detitions on the subject Dropertv: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes X No If so, what was the nature of that hearing? 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 processina or otherwise actively pursue the rezonina for a period of six f6} 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 determinatian 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 6114/04 .. 1 .~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET (i) .l\genGa Item ~~o. (1_'6, I'Jovernber 13, 2007 2BOO NORTH HORSESHOE D':tl~~ 65 of 147 NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 . . .,'" PRE-APPLICATION MEETING NOTES D PUD Rezone D PUD to PUD Rezone !ZrPUD Amendment Date: lb. ZC;' ()(() Time: O)?:Da 1m Firm: Proiect Name: ~ \r\{U~ W od A".,,,. No." \tFJ'~ i ~tlii1l C, JIY'0 ~ w Owner Name: C() l"tj ~ ' '. I ~ .' ro~ hfldy ~VLnv-A ~I Size of Project Site: I, r.o acres Phone: 2~- C)4,- ( l* Phone: 2-~C]-1~'2- (0233 Owner Address: 4 (36' -;ilf:'y <<..:4'y' r:::4fE City.StateR.-. ZIP~ SMdO\~J O~ rLtD ovd; v\()J{\(P~ ~ f12-4) (dlNVfIM~ Existing PUD Name and Number Assi!,1ned Planner NanU\ . Njee'ing A'tie!l~~~s: (atiach Sign In Sheet) Submiital req~'ir..m~nis (see next page..chec:klisl); - 1 - G:ICurrentlNew Pre-Application Forms 20061PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc . , r,~t):j\.jC; jltii.)! V,v/', Novemb.:::rJ3, ZOOT PageB6"6r.;147 ,. PUD AMEI\IDIj'IENT (PUDA) . PUtlREZO~~'(!,UDZ) PlIO toPUDREZONE(PUDZ-A) AiPPtlCATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application (download from web site for current form) Pre-application meeting notes _ PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" X 11" copy Revised Conceptual Site Plan 24" x 36"and One 8 1/2" X 11" copy i Original PUD document and Master Plan 24" x 36" - ONLY IF ! AMENDING THE PUD ! Revised PUD document with changes crossed thru & underlined I Revised PUD document w / amended Title page w /ord #'s, LDC 10.02.13.A.2 Deeds/Legal's & Survey (if boundary of original PUD is amended) list identifying Owner & 011 parties of corporation Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checklist ;ijif: Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption 'ustification Historical Surveyor waiver request Utility Provisions Statement w /sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement (TIS) or waiver Recent Aerial Photograph (with habitat areas defined) min scaled 1"~400' Electronic copy of all documents in Word format and plam {CDRom or Diskette) If located in RFMU (Rural Frinae Mixed Use) Receivina land Areas Applicant must contact Mr. Gerry J. Lacovera, State of Florida Division of Forestry @ 239-690~3500 for information regarding "Wildfire Mitigation & Prevention Pian", lDC Section 2.03.08.A.2.o.(b)i.c. #OF COPIES REQUIRED NOT REQUIRED 24 24 24 24 24 24 24 24 >( 2 2 2 2 2 4 4 4 4 4 7 5 Applicant! Agent Signature Dote y - 2- G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc .. " Fees: ApplicCltian Fee: ACjenda Item 1"0. SA N~ovember 13, 2007 D $10,000 IPUD Rezone) + $25 per acre (or fraction thereof) Page 67 of 147 D $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) .mr $6,000 (PUD Amendment) + $25 per Clere (or frClction thereof) ./i('( $150.00 Fire Code Review 'Ei $2,250.00 Comprehensive Planning Consistency Review KJ $500.00 Pre-Clpplication fee (Applications submitted 9 months or more after the date of the last pre-app ~eting shall not be credited towards application fees and a new pre-application meeting will be required. ~ $729.00 legal Advertising Fee far CCPC meeting (to be reconclled upon receipt of invoice from Naples Doily ~NeWS)' ~, $363.00 legal Advertising Fee for BCC meeting $2500.00 Environmental Impact Statement review fee f;Z] Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified,. $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) ~ Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner rior to the due date I SCHOOL DISTRICT PARKS & REC -. Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 - EMER. MGMT - Jim Von Rintein. UTILITIES ENGINEERING - Zamira Deltoro CDES Coordinator - Linda B. Rout';- sheetl. "-~(! onl I l' ___.. ...____.-L-..:. Meeting Notes 'IC ,I'! P- . 'f LAIVS . - tIS I<wt/JllEd. 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U'J;2" v:g < ~~~ ~";<;, ~ ~~~ ~, ~~" ~ ~~, Q ~t<~ -< ~i~ p:::::; Dffi " oiS II i I ! . I ! ! I . .SA November 13, 2007 2074928 OR: 2203 PG: flOW 1 of 147 mOIDD II OIllCIII DCOIII ,I coutU _, II 07115'" at 11:2111 MIen I. 110ft. CI.IU COIl IllII.II DC "I !l.II 10(-.10 ll.ll leU: 1lCIIIIIIIlr1lllU 2610 GOLlII GAllllil 1201 IAPUI rL mOl ....... ID N.........: 73284000507 ~ IJ TIN: Warranty 1bIs Indenture. Made thi, THE ROOKERY I LTC., Deed 25th day or June, 1996 A o. a FLORIDA limited partnership Bet_a of"'CWllIy uf WING SOUTH AIRPARK corporation, itau ,,( 1 lraator, .... PRIVATE VILLAS,INC., a Florida not-tor-profit ~ .odro:.. if,: 4130 SKYWAY DR NAPLES Fl 33942 of.. c.....,. of COllIER Sl.1e ,,( FLORIDA t zraatee. WltDessetb Iha, Ibc ORANTOR., for IJld in '~l'lIlil>ft or 1M IUm uf - - - - - - - - - - - - - - _ _ _ _ - - - - - TEN' NO/100($10.00) - - - - - - - - - - ~. w otbtr ruud.1Id ~aJu.Ab1l= ~o~,.Li"Q 1<.> GRANTOR in kud r-Hl by GRAWTEE, Uw N~.ipt \l!h~","<.lO. hereby KkIIOwledpd. bu ,...-.cI. NfJ.u...i.nd..>>d I<> \bo t&id OIlAHTEE UK! OMNTES'S ...,;,.uotS IUOll uai,1>Io fOR'.... 1M fullow... ...,riMoI..... .........Iyq NllI ~ ill the' CwDly o( COLLI ER _.-SIIII of Florida w...it: SEE ATTACHED EXHIBIT A ~~Jt>(jl~;~D MADE A PART H&REOF. ~~\.>:;:.--- -<1\ 1': ',- TOGETHER with '711 th.e--~ J'fements, h:r~t1*-l1a.iI\ents and appurtenances thereto belonglng ot ise perta1nlng"\ ~ have and to hold the same in fee siRipl~ ~V&f'-r--f-' \ / / -~/\ ~ \ The Grantor hereb~ --fii1b t e that Grantor i8 lawfully seized 0 sin n leJ e at Grantor has good right and 10. t.u 0 i, n' I nvey said land; and that said Ian (~ e a no s except restrictions and ~entB common t ~ivision, outstanding oil, q~~~nd mine:al ~e ,~/of record, it any. '1-~ iV' "Z?t 'h ~~--C^iJ<'/ '~-l) E C1'R' /W _.c::.--- Uld",...mor~' herlOb)' fuUy ",.rnnl1h. lillcllO..id Iuoi, ILIIId wiD .r..nd Ihe ..mt.,.inIl IllwlW d..iml or.u ptl'llJG& ",L...-.4<1.. 'l~"t.'::: t .- CA. OR'. 2203 PG.NnO~Ii..,ber ~13. L~ : I U Pbge I 2 of i ! Warranty Deed - 1',... J ,... ID NIaaMr: 73284000507 Whereof, u.. ,rulIW Ilal boreunkl Ml hi. llaDd &lld 1M! !be day t.nd )"U1f fin! .boY. WTi..... OW' pnsaxc: THE ROOKERY, LTD. By: u/ "IoJt.M-'. .j,. CLIFFO:Rl:l WINGER GENERAL PARTNER ""'" . Printed Name: , I ( Witness STATE OF FLORIDA COUNT V OF COLLIER T1M Ion,..... u.-ru_.... wa, .<Ir._~d,od \>(fON ....., thi. 25th WI} l,)f June, ., 96 B)' CLIFFORD WINGER, GENERAL PARTHER on behalf of THE ROOKERY, LTD., . FLORIDA Limi ted ......... H. y, pcnouUy ~n to _Of wbe ,,-, prolk>ce4 Ill, ..'6.OOC"'_I,OI>. T'bi.Ocw;:UlneIll f'wp..f'r.4l Br: ~W..b:U.G,h..&q ........ Do.l&, .........uad..... P.A. 2lWO aaw. 0.. """".y'" ~ ~ PI. 33942 Printed Name: ...------~___,~__ NOTAllY PUIUC /'\t~R COUJol>$~""'R' .' 'v 'v ---~- '\ . --.. /<'~ L\-/- ~--"<~!1' -" ~"IJ omc:l.t.L MO;O:;;-SI::.. - \~I/ ~ nUl . RUD / / ~-- c; (;o.",..toM **81." / / !-C~ '--------0\ '" CC4418U ,/ / L./\ .f ...,. COIIIIIS~ UP (,)CC@ WW): I 'f ,..... \~\,~ ~ ) f/s \1;:~ .~ /.0 \r;..... /<U "'-.Of ;;-~~ \'-"- """..IHE CW.0-/ ~---------.:---- s (-, .--L) 'I~JJ'M""_-n,.:;e ;; !'JJl, I."", ':IlJ~':bl 1,,",,','[ l""lUUER5 ~ l ~ I I I J OR BOO~ . SA ~e'1l~er 13. 2007 Paqe T3 of 'i47 002250 ~ PAGE ~ ~ c c WILSON. MI\..LIR. DARTON. SOLL . 'UK, INC. ~U'I()tW. INGINUU P\.ANNln AND v.NO \UAv(T"Oll EXHIBIT "A" = ~t5 ~~ '" DI.~rlptlon ot part oC "c~lonl" TOwft.~lp )C low~n, ..nG. al ta.t. Colll.r C.wnt~. r.orl0a. / J Ah.... .....* I'lR' 2203 PG: 0078 (The ....k.ry '~t'-.p..J . ut m "'" '" 15 "' '" . . '" ..7:: '" AU th.~ part. of Ii.clion 14. TOVn.h1p 10 SCtlu.n, a_noe tf I..~ I ColUtr COl,lnty. rled.. .,ut bdnl aDra partlcHl.lar1.y ....erU~ed .. evUo."'., Co.atftClRO .t tn. .o~th...t corn.r of 1.10 th....t:. .1.0"9 the ...t Una of ..U ,.otillft '0.01 ,..t to th. l\O'rt.hnly Una of Co~nt.)' H...ook ao.4l, ~h.ftc. 8lon, ..1. rlont-ot-way 11n. North .'--ll'-iZ- ...e ~'S.O~ f.at to tha ..It lint ot 8 roa4 right-of-way D.l~g part ~f Wln9 60l.lth "rivaL. v1l1.. UnJ,t -Z. accor41n; to the p.lat. ,-h.C".ue .. ueor4.4 1n COhllOlll"lu. ,~.t -.0011, .. pav. U. c<>U1ar Count.)' t"tt~ ~c R.CO~.'f eol11.~ County. rlorldar t.hence e1.ong ..L4 rLOlu,-ot-we)' Un. ~h. foU,owlnQ t.wO 121 ....crlb.o =O\lrl't, 1) MOrt.h o...nl..o,' hit 2.... h.i, 2) northw..iaTly 13.2. feet 810n9 the arc of . circular curv. cOoneav. to ~h. 'outhw..t, h.vin; a t.4L~. of 1J5.00 ~..\ and "Ln9 ltubtend.4 by . chard wt'dc'ft b.ar. NOrth 05-..41 '-25. w.no n.l~ f.et tOo the ,OINT or atotNNING of tne parcel her.1n d..crlb.d, t~.hC. continua .1o~ ..id rl,~t-or-w'r line tn, fo!low!n9 thT" <it 4..cri~.d cour..., 11 nCl'tt"vta .30 f,.t aloh9 th. arc: of . c1l'c\llar C'oLJ:'...t> co "Pt '. ..t. ".vir.; . u41~1 ot :US.OO h.\ . . chord vhich b..~. North / _.,- w.." A'{...t to .. point. ot 1''''''1''. /'c' .t.~n, ~~J-"" ~ s:-tb"'Ur"ly 121.;U ~.t \lofll' tM arc .f . ciroular c.ue". /~41"'~."" to th. n t..h'.'~"'lnt.. 1'141u. of US." t.at. aM b~~ . ch. 6 lo' b.... ....b '"'-"0'-'0. I ....t: 1. ...t., ~: n. _ . t r . t. ...~; T::' Hol't.h ......U'-". Eu" . 1 5. CI. . ~ 1. t. ~\,Inlllar aMI taxl".y .....'0," f-a d. 1 . UJ. II ~ . col Ur COlolfll~)' ~l'c '_ . . iii n~y. r .. '(t ,~C. .101\9 ...14 III ~ 11 .. O"-14'-n. I..t: 7)).'1 r..t . ~_.,.t.ba I"oln\ DC "Qt~g D ,arc:elllu.ln d..or1.bedJ 8~. .0 ......nt. aftd t ~@n of ncord. ..~'" ) WZ~I ~M~ R. IA.TON. .o~~ ~ "0. "....... ..... ........t .'/, --- -- ,'\.)y ~ v/ I.G~J,o~ a, lI. ..ort'" 0'-15'-1"- "'..u 110.4 aU tuu.l..n.k. IV 1z.1z../i5 < . ao..n, <.. DAn P. . . 12'71' W.O. UU7 ad. .} 4C-U! (WLC'k~d .outhl ~t., .:u-n-u _..-ol....-.. . :i'('~ir ~":\.t... -:~";'".:-~ ,.. "..,::':~:"':""'.'" __........._..... .__.. ..,.. .I.'~<'" _"'110. ...".............. .......... "'_...... . ........' ........_,.........."..... .,~..,. _, .....". ..., ..u~. ...... ,... ...........~, Division of Corporations Agenda l~iNa <$f:.3 November 13. 2007 Page 74 of 147 Florida Dcparhl1l'r1f of Sfafe, Diuision of Co rroratiotlS ( tjri"lr.!~!~I1\" tjJ;,f:t1~!.:<;HH;.,iz.nrg ,. f' ~ ,!; ~ ~ f :. . "" . r j.' ...... PuJ:;llic I:nqw.ry __'_M_'___'__'~___."_^_____"___"______~""__~~_'"_____.____ ,. .. ...- ... -, . . ... .... ',- ,- .... ..... . ~.. .-...-, . .. ... ,. '.,. '. '.. '-. Florida Non Profit WING SOUTH, INC. PUDA-2007-AR-11283 REV: I SHADOWWOOD PUD Project: 19990174 Date: 2/20/07 DUE, 3/20/07 PRiNCIPAL ADDRESS 4310 SKYWAY DRJVE NAPLES FL 34] ] 3 US Changed 04/28/2006 MAILING ADDRESS 4985 E TAMIAJ\lI TRAIL NAPLES FL 341 ] 3 US Changed 04/28/2006 Document Number 723949 FEI Number :"92528568 Date Filed 07/2511972 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 0711912001 Event Effective Date NONE e.glstere ,gent I Name & Address I HM<..T, STEVE 4QS:: E T AMI,\MJ TRAIL NAPLES F:~ 34 I 13 I Name Changed 04'28/1U06 I I Address Changed 04i2~'1006 I R dA Officer/Director Detail I Name & Address II Title I BOLTON, PETER [J 3409 SKYWA Y DR NAPLESFLJ.t112 I HOLDER, STEVEN II I httn://www.sunbiz.on!/scrints/eordetexe?al=OFTFTT.Ron 1 =7?'1949Ron?=N.A MFWnX,n'1= l/?Q/?flfn Division of Corporations Agenda ~~d'-I2;.cfif\3 r,ovember ,3,2007 Page 75 Df 147 I 4096 $KYWA Y DR IL:J NAPLES FL 34112 EDMANSON, TRACY c:J JY04 SK YW A Y DR NAPLES FL 34112 KASER, JAMES [J 4119SKYWAYDRIVE NAPLES FL .H113 HART, STEVE G 4985 ETAM1AMI TRAIL NAPLES FL 3411 J . nnua eoorts I Report Year II Filed Date I I :!OO4 I~ 0412612004- I I 2005 II 05/05'2005 J I 2006 ~I 04/2812006 I <\ lR _~__.,_.__~____._.",_""'''__ ,_.,__ __...'m__m.'.___".____._ _'~_____"_ <.._ ,eo"" ._____ ._,______,,___m._._."."""_ Previous Filingu Return to List J YLe"" Even1s View E<ime Histol}' Next Filing I ~--,---_._---~--_._--~----------~"---"--_._----~"----- Document Images Listed below are the images available for this filing. 04/2Jll~oQQ-=6J'!NU.c\ Ie R~!'..Q RT Q5j0212005 -- Atlli REELIJNIFDRJ'iLaUs-REl' 04a_Qi200_L_ANNR~Pj1JN:tEQRJvU:lUs REP 05/j):;/2003-- Alo/l'LIUOPjill'!lfORll1.!lLJ~REJ' 03j] 4L:cQ92 --_!:=_OR c_Al'I1'"uREPjI"rJ'.:lfORMliWiJ:'.J:J' 01Ll212ooL -- N]lm.~!:=l!ang" 9.UQ~200L:c_ANN REJ'illJ:o!!FQ&M BLJS_J<.JOJ' O!ijjl5/:l00o.,ccAHN REP/\JNJfOJ<.M.aLJ S_REP Q4!061)299_~: ANNUAL jZJ':PQRJ 02192Ll93~.-=~]jl'lUAL.IUOPDRI o 1j~1Ll92l:cA]\i]'l_l)AU3'!::l'QjZJ: O)/,2611996_=.l~.6.i\.J'lNl.LAL.&g:j'QRT 0.[/30/1995 -- Annual Report THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ----------- , .............. .-......... httn"//\N"W\\l <;;:nnh17 (lro!c(,T'lnf<;:/r",.r\pf pvp?~ 1 =f)l:TPTT .Rrn 1 =7')1.QL10Rrn'1=l--T 6.. 1\AJ:'UTl1 Rr..... 1. = 1 nonnrn Division of Corporations Agencia i&lge;(l GfJ Ncrv8mber -; 3. 2007 Page 76 of 1';1' httn:llwww.slmhi7nrplsc.rintslc.nr....t """.7" 1 ~f)FTFIT .&n 1 ~7?1c)4C)&n)~N A MFWf)&n'~ 1 f)C)f)()()7 2006 !\IOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 723949 Entity Name: WING SOUTH, INC. A..ijenda Item 1'-,;0. SA FILEll:Jllember 13, 2007 Apr 28, 200&ge 77 of 147 Secretary of State Current Principal Place of Business: New Principal Place of Business: 4310 SKYWAY DRIVE NAPLES, F'_ 34112 US 4310 SKYWAY DRIVE NAPLES, FL 34113 US Current Mailing Address: New Mailing Address: P O. BOX 110156 NAPLES, FL 34108 US 4985 E T AMIAMI TRAIL NAPLES, FL 34113 US FEI Number: 59.2528568 FE! Number Applied For ( 1 FEI Number Not Applicable ( ) Certificate of Status Desired ( Name and Address of New Registered Agent: Name and Address of Current Registered Agent: WHITE WILLIAM D 2310 DELLA DR NAPLES, FL 34117 US HART. STEVE 4985 E T AMiAMI TRAiL NAPLES. FL 34113 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida SV3NA TURE STEVE HART :::Iectronic Signature of Registered I\gent 04/28/2006 Date OFFICERS AND DIRECTORS: ADDiTIONS/CHANGES TO OFFICERS AND DIRECTORS: Title: Name Address: City-51-Zip' Title' Name Address. City-Sf-Zip Title: Name: Address: City-St-Zip. Title: Name: Addres s. City-51-Zip: Tille: Name: Address: City-51-Zip: Title: Name: Address; Clty-St-Zip' ASM ( ) Delete WHITE, WILLIAM D 2310 DELLA DR NAPLES, FL 34117 Title Name: Address: City-St-Zip. PO (X) Change ( ) Addition BOLTON, PETER 3409 SKYWAY DR NAPLES, FL 34112 VD (X) Change ( ) Addition HOLDER, STEVEN 4096 SKYWAY DR NAPLES, FL 34112 SO (X) Change ( ) Addition EDMANSON, TRACY 3904 SKyWAY DR. NAPLES, FL 34112 Dr (X) Change ( ) Addition KASER, JAMES 4119 SKYWAY DRIVE NAPLES, FL 34113 ATD (X) Change ( ) Addition HART, STEVE 4985 E TAMIAMI TRAIL NAPLES, FL 34113 ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter 119, Florida Statutes. 1 further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida statutes; and that my name appears above, or on an attachment with an address, WIth all other like empowered, DVP ( ) DellO!te MYERS,ROY 3874 SI<:f\NAY DR NAPLES, FL 34112 Tille Name: Address: Cily-St-Zip: D ( ) Delete ETTER, ROBERT 3940 SKYWAY DR. NAPLES, FL 34112 Title; Name: Address: City-SI-Zip: DT ( ) Delete KASER, JAMES 4119 SKYWAY DRIVE t-lAPLES, FL 34112 Title: Name: Address: City-5t-Zip DAT ( ) Delete HARRY, BOB 4084 SKYWAY DRIVE NAPLES, FL 34112 TItle: Name: Address: Ci!y.-5t-Zip: o (X) Delete MURRY, ROBERT 711 H1LLSDALE WYANDOTTE, MI 48192 Title: Name: Address: City-51-Zip: SIGNATURE PETER BOLTON Electronic Signature of Signing Officer or Director PD 04/28/2006 Date AFFIDAVIT " ,-~::> ! 4-_:::> f'1.....':} N"ovember 13,,200 Page 78 of ,'I 4 Well, p~-:-(L <3-_ ~~c,,,,, '?~.~,= W....."..~eing first duly sworn, depose and say that well ami are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 hear'ings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize O. Gradv Minor & Associates. P.A. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner ~ 5i o Property Owner Typed or Printed Name of Owner p~z~ &_ ~~C.... Typed or Printed Name of Owner ~ (tZ\", 'VC'''' ~ c...::",4. Cs- s:;,,,,~ 3:>-<'" ~_ 1-0 Th~regoing instrument was acknowlegped before me this :;22- day of J?nvo:./Lj ,200 7 ,by/"'!<<-"- 6,.-",,,,.;. /:J,.o/~ who is personally known to me or has produced F /</'Y'>..,J~ d." v<' r L-;c". r?.tCas identification. C'/ <-- --=> "->- State of Florida County of =0<--'- I c''1- (Signatu of Notary Public State of Florida) JAIRO GUTIERREZ '~a~ "'''~ Notary FiubHc. Stale 01 Florida ~ Commission# DO 564647 My comm. expires June 25. 2010 (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. SA November 13 2007 Page 79 of 147 The undersigned do hereby swear or afflnn that we are the fee simple titleholders and ownerS of record of property commonly known as 4226 Skyway Drive Nanles, Florida 34112 (Street address and City, State and Zip Code) COVENANT OF UNIFIED CONTROL and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for _".~an amendment to Shadowwood planned unit development (_PUD) zoning. We hereby designate f'E.TFJ' <.1 .f-':YOL-IOI~ legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. 5. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. The legal representative identified herein is responsible for compliance with all tenns, 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. /\. 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 \\'ill constitute a violation of the Land Development Code. 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 ov.mers that all development activity within the plarulCd unit development must be consistent v.'ith those terms and conditions. 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 oject is brought into compliance with an terms, conditions and safeguards of the planned unit development. 1. , 3. 4. Owner Printed Name V~.2.. ~'-"C~ Printed Name ~(l..Z\t~<""""::- o \ \4.. tS' ~<.::."",-+ ::D.---4.~ STATE OF FLORIDA) COUNTY OF cou__H::?( -I) --r '2 2' day of J.=>"" va,. ^-1 , 200 7by Sworn to (or affrrmed) and subscribed before me this it /~,'&Ul f 6oj~ <17crr>d,,- dY\v'~"'" (IC-. ~'A." ~p%. _ who is personaliy known to me or has produced asiden' ation. ~ ~ JAlRO GUTIERREZ c- ~ Notary Public. Slale 01 Florida J'N/Z;<> Gw/?G;td::::=L Commission*, DD 564847 . d M . June 25 2010 Name typed, prmted or stampe ) y comm. expIres . (Serial Numher, if any) Application For Public Hearing For PUD Rezone 6/14/04 ADDRESSING CHECKLIST !l.genda Item r~o. 8/\ November 13. 2007 Page 80 Df 147 Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRESSING PERSONNEL PRIOR TO PRE- APPLICATION MEETING, Not all Items will apply to every project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) SHADOWWOOD AIRPARK SOUTH ! C" - :;,,::;1 - G...-(" . 2. FCllio (PrClperty ID) number(s) of above (attach to, or associate with, legal description if more than one) 73284000507 3. Street address or addresses (as applicable, if already assigned) 4226 SKYWAY DR 4. Location map, showing exact location of project/site in relation tD nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) ---'----_.._------~--_._- .------------------------ -----~.~._------ 7. Proposed Street names (if applicable) ------.__._-----._~~_.-~---- 8. Site Development Plan Number (FOR EXiSTING PROJECTS/SiTES ONLY) SDP __ __ 9. Petition Type - (Complete a separate Acidressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendme:lt) o SDPI (3DP lnsubstantial Change) o SIP (Site Improvement Plan) o SIPI (SIPI insubstantial Change) o SNR (Street Name Changc) o Vegetation/Exotic (Veg. Removal Pennits) [gJ Land Use Petition (Variance, Conditional Use, Boat Dock Ex!., Rezone, PUD rezone, etc.) o Other - Describe: ~--~._._-~ o PPL (Plans & Plat Rcview) o PSP (Preliminary Subdivision Plat) o FP (rinal Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Pennit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) o TDR (Transfer of Development Rights) 10. Project or development names proposed for, or already appearing in, condominium documcnts (if applicable; indicate whether proposed or existing) ] l. Please Check One: kSI Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Sharon Umoenhour Phone 239-947-1144 Fax 239-947-0375 ]3. Signature on Addressing Checklist does not constitute Project andJor Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number \"b4-o, 0 S Address Number I'6L\-c\DC" Address Number Address Number ""'\ . Approved by .'!LL"'.f~ ,f,n ___ _ j " \u h r.:::..- Date \ Cl - q - 0 '. . PUDA-2007-AR-11283 REV: 1 SHADOWWOOD PUD Project: 19990174 Date: 2120107 DUE: 3120107 P\genda item No. SA November '13, 2007 Page 81 of 147 c;~&t6ai, .' <Sl\ /~" .',~~;''';,,;i~""'rl ~~' '>~. /_ 'Si/,~'i!l1 ' , . \ , '\'1 ~ 0)., \ ! "" / f1i'" I :' ''?t. \ , 'V - \,./ ..........."7".:'~:\ L itI!J.".:,,'lilrt::,::rQ -,;,< I ".\l""c~' ~Ji",~, ',~"\ I t< ~,., -,.'7."'."......., " . 0 "_~~~~~ ;-~,I:~,,~;;'~," W,,' ,- ~'. :~:" ." ;""d--:"'~4'. 0'; ", ,p~, , ','--,.' .,"' , : ..".... . '::"i ., ~,:' \. i <<; ,/ . . ) y COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SCi~VEY AND ASSESSMENT DA TE SUBMITTED: "__,, PLAJ'.<'NER: R~Y1.nond V. Bellows. Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Shadowwood PUD Amendment LOCATION: (Common Description) A portion of Section 16. Township 50 South. Ran!!e 26 East: the site is \!enerallv 10cat@.Qne mile west of CR 95 I (Collier Boulevard) on the north side of Rattlesnake-Hammock Road. SUMMARY OF WAIVER REQUEST: The subiect propertv has been cleared and utilized as an accessory to the private air park. includin!! the runway and maintenance facilities. (Properties located within ill] area of Historical and Archacological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historicaJlarcbaeologieal sites.) Hi~I()I'ic Pre;;C\"-".,..ticr:.F,!rm.~ill;30/U4 A.aenda Item ~~o. 8.A. N~ovember 13. 2007 Page.32 of '147 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Wing South, Inc. Mailing Address: 4130 Skyway Drive, Naples. Florida 34112 Phone: FAX: B. Name of agent(s) for applicant, if any: UeidiK. Williams Mailing Address: Q,J;n:il<:l-lMin91: rmdl':,ssociales. P~6."_.'\BQO_Virt])_<iRe'y'~Q!lllii Springs. FloridaJ4134 Phone: (239) 947-] 144 FAX: 239-947-0375 Name ofowner(s) ofpropcrty: Wing South. Inc. Mailing Address: 4130 Skvw!'-l Urive._Naples, Flonda 34[12 Phone: FAX: ;'*Please see zoning authorization (copy attached) Note: if names in answers to A and/or B afe different than name in C, notarized letter(s) of authorization from propeI1y owner (e) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy o[the plat book page (obtainable fi'om Clerk's Olliee at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: _Wing_South Condo Plat Book 4 Page__46_ Unit Block Lot Section 16 Township _50 Range _26 HisfOrk Pr'~'iiCrVafii)l1ih'mh'''ll'JurI4 2 Agenaa Item No, SA November 13, 2007 Page 83 of '147 B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or !,'fant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party agb'lieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for tbe accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete inf(lm1ation shall be the responsibility ofthe applicant. 13. All information submitted with the application becomes a pali of the public record and shall be a permanent pali of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 1'2" x 14") folder. Signature of Applicant or Agent .~ ("""' ~ -j '>. ~ . - Printed Name of Applicant or Agent Heidi Williams -------------------------------------...----.-------------------------..---- ---------------------------------------------------~-~----------- -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: ___ By: (see attached) 3. Denied on: (see attached) By: !1isl'c'rk Pr';<;"!'~.:\i'iun,.F(}l1lL~'11:YJi':'4 4 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST Aaenda item No 8PI /1ovember 13. 2007 Page 84 of 147 APPLICANT INFORMATION NAME OF APPLlCANT(S) WING SOUTH. INC. ADDRESS 4130 Skyway Drive STATE FL ZIP34112 FAX # TELEPHONE # E-MAil ADDRESS: CEll # ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION Section/Township/Range _L2._/ 50S r~26E lot: ____~_ _ Block: ~___~ Subdivision:AIRPARK SOUTH OF SHAJ)OWWOOD Plat Book_~ Page #:_7'1-_ Property 1.0.#:73284000507___________ Metes & Bounds Description: See Attache.L.___ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a . CITY UTI L1TY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPO capacity) e. SEPTIC SYSTEM o x o D D TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM C c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME _____________________________ d. PRIVATE SYSTEM (WEll) 0 STATEMENT OF UTILITY PROVISIONS - page 2 /-\genda Item No. [-:V", November 13. 2007 Page 85 of i 47 TOTAL POPULATION TO BE SERVED:LQ PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 2310 GPD AVERAGE DAILY B. SEWER-PEAK 1300 GPD AVERAGE DAILY 1 S40 GPD 1000 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2008 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. Proposed 5 lot subdivision is located north of Rattlesnake Hammock Road. It is part of the South County Water System and Wastewater System. Sanitary sewer connection will be by extension of the existing 8" sewer gravity sewer. Existing wastewater pump station has adequate capacity. Water system connection will be by connection to the existing water main on opposite side of the road and extension of services to new lots. Anticipated water Iwastewater demands: .Water at 154 GPDC @ 2.0 person/unit ADF S x 2 x 154 = 1540 GPD MMDF 1540 GPD x 1.5 = 2310 GPD . Wastewater at 100 GPDC @ 2.0 personslunit ADF 5 x 2 x 100 = 1000 GPD MMDF 1000 x 1.3 = 1300 GPD Peak Hourly Flow = 1000 (4.41 )/24 = 184 GPH Aoen[ia Item No SA N-overnber 13. ioo7 Page 86 of 147 C::Ot.jCIE&c6~Nn:rij)1'ifl:.][Y[)E'tiI'lcA'tl(jN$:rit\f:l3M,ENt: 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. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Agenda Item No. SA November 13. 2007 Page 87 of 147 ORDINANCE NO. 07- ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 82.49, THE SlIADOWWOOD PUD BY AMENDING THE COVER PAGE; BY AMENDING SECTION 4.2., PROJECT PLAN AND LAND USE TRACTS; BY AMENDING SECTION 4.4.C., MAXIMUM DWELLING UNITS; BY AMENDING SECTION S.2.A., P.U.D. MASTER PLAN; BY AMENDING TIIE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Wing South, Inc., represented by Heidi K \Villiams, Mep, of Q. Grady MiIlor & Associates, P.A., petitioned the Board of County COlIlmissioners to amend tbe ShadowWood PUD (Ordinance Number 82-49). NOW, THEREFORE. BE IT ORDAL'lED BY THE BOARD OF COUKTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 82-49. SlIADOWWOOD I'LANNED UNIT DEVELOPMENT The Cover Page of the Development Plan (also known as the Planned Unit Development Document), previously attached as Exhibit "A" to Ordinance Number 82--<19 for ShadowWood PUD, is hereby amended to read as follows: PREPARED BY: wn.sON, MILLER. BARTON. SOLL & PEEK. L'le 1383 Airport Road North Naples. FL 33924 REVISED BY: O. GRADY MINOR & ASSOCIATES 3800 Via Del Rev Bonita SorinlZs FL 34134 SECTION TWO: AMENDMENTS TO SECll0N 4.2., ENTITLED "PROJECT PLAN AND LAND USE TRACTS" OF ORDINANCE NUMBER 82-49, SlIADOWWOOD PUD Paragraph 4.2., entitled "Project Plan and Land Use Tracts" of the Development Plan (also known as the Planned Unit Development Document) of Ordinance Number 82-49, for ShadowWood PUD, is hereby amended to read as follows: 4.2. PROJECT PLAN AND LAND USE TRACTS, For the purposes of gross residential land use area, the subject property is :t168.1 acres. The project plan including street layout and land uses is illustrated in Exhibit "B", PUD Words !Juaet t;ffi"s kl.gh are deleted; wurds underlined are added. Page 1 of3 MasterPlan, V~il.sefl, }'IiHBr, BartEJR, !i:ell & Peek, Ine., DfB...iRg HL !'1"8. RZ 59. TIle project shall consist of five land use tracts of general area and configuration as shown in Exhibit "B". .Aqenda Item No B.A r~~ovember 13, 2007 Page 88 of 147 Tracts A & E -. Multi-family Residential Tracts B - Single Family Residential Tract C - Private Air Park District Tract D - Commercial Entrance Drive :t 113.3 Acres :t b+5.68 Acres .:t ~35.82 Acres :i: 10.3 Acres :t 3.0 Acres ::t 168.1 Acres Total Area Assuming favorable economic and market conditions, it is the project sponsor's intent to complete development of the property within six years. The total maximum residential units will be 349574 unjL~ at a maximum density of ~ JA: umts per gross acre. SECTION THREE: AMENDMENTS TO SECTION 4.4.C.. MAXIMUM DWELLING UNITS, OF ORDINANCE NVMBER 82-49. SHADOWWOOD PUD Section 4.4.C., entitled "Maximum Dwelling Units" of the Developmenl Plan (also known as the Planned lJnit Development Document) of Ordinance Number S2--49. for Shadov/v\rood is hereby amended to read a:; follows: C. MaxinlllIIl_ )l~ellin!!,Unjts: A maximum of HlQ re.~idenr.ial dwelling llmts may be constructed. SECTION FOUR: AMENDMENTS TO SECTION S.2.A., ENTITLED "P.U.D. MASTER PLAN" OF ORDINANCE NUMBER 82-49, SHADOWWOOIl PUD Section S.2.A., entitled "P.1J.D. Master Plan" of the Development Plan (abo knuwn as tbe Planned Unit Development Document) of Ordinance Number 82-49 for ShadowWood is hereby amended to read as follows; A. The PUD Master Plan (\l'ilson, Millar, Barten, Sell & Peel:, Ine. Drav in); File :POls. RZ 55:, Sheet 1 ~ is an illustrative preliminary development plan. SECTION FIVE: AMENDMENT TO THE PUD MASTER PLAN, OF ORDINANCE NUMBER 82-49, SHADOWWOOD POD The PUD Master Plan has been revised as shown in Exhibit B. attached hereto and incornorated bv reference herein. to increase the size of Tract B. Sinele-Familv ResidentiaL and decrease Tract C. Private Air Park. bv I.98:t acres. This nIan. drawn bv O. Gradv Minor & Associates. P.A.. modifies and [enlaces the ori!!inal Master Plan only to the extent that the tract adiustment described has been altered. All other boundaries are intended to be a<:; ori!:!:inallv adonted. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words ST:l'llS!( thrawgll. are deleted; words underlined are added. Page 2 of 3 Aoenda Item No. 8A 1'~(JVember 13. 2007 Page 89 of 147 PASSED AND DULY ADOPTED by super-majority vote by the Board of County commissioners of Collier County, Florida, this _ day of ,2007. ATrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: JAMES COLETTA. CHAlRMAN , Deputy Clerk Approved as to form and legal sufficiency: / Marjorie M. Studcnt-Stirliog Assistant County Attorney Words Sl:ruelt IhrslI.;h are deleted; words underlined are added. Page 3 of 3 Agenda Item No. 31-\ November 13, 20CJ7'.. ., Page 90 of 147 .-;tt. ~,;,~",~ }. . .. 4 .~to' .'.t.;.... ~.~ '.jl:, 'it .1 'r~: ORDINANCE 82 - -12- AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA Of COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIfICATION OF THE HEREIN DESCRIBED REAL PROPERTY fROM A-2, RSF-4 & C-4 TO PUD PLANNED UNIT DEVELOPMENT FOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARK: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Rookery. Ltd. petitioned the Board of ':>I:' .. . ',,"~l. County Commi5~ioner~ to chanqe the ZoninQ Classification of the h~re1n de~cr1bed re~l property; NOW. THEREFORE BE IT ORDAINED by the Board of County Commi~S10ners of Collier County. Florida: Section One: The Zoning ClaSSificAtion of the her~in described real property located 1n Section 16. Township 50 South, RanQe 26 Ea.t. Collier County. Florida 10 chanQed from"A-2, RSf-4 & C-4"to "PUD" Pl.lnned .Unit Development in accordance with the PUD document attaChed hereto as Exhibit "A~ which is incorporated ,. ~.~t herei~ and by reference made a part hereof. The Official Zon1nq Atlas Map Numbt'r, Number 50-26-5, as de!lcribed in Ordinance B2-2, is hereby amended aCCordingly. lOOK 015 fACE 161' '" '" " '" "' ... ... ,. .. '" ... '" ~ ;;l Ii" ...... -"CI"t.' Section Two: ,.. ,., Thl~~Ordinance shall become effective upon receipt of .> . , ,. "" ,-' CD ... EXHIBIT "A" Aaenda Item No ~jA N~ovember 13, 2'007 Page 91 of 147.'~jJ!\' ";:?:~ .' notice that it has been filed with the Secretary of State. D~TE: July 13, 1982 BO~RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .~ i~ '1 . '.~.~ )~'~ . .,\lil\ .....:'~~' '" .\.,';" ." , . .....--------. BY: C R (:J~ c. R. "RUSS" WIMER, CHAIRMAN STATE OF FLORI DA COU>1Y OF COLLIER I, \~l LLlAH J. REAGA.'I. Clerk of Courts in nnd for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDI~\NCE NO. 82-49 which was adopted by the Board of County Comnis$ione.. durin~ negular Se$5ion July 13, 1982. ~1,,"SSmy hand and the official .eal of the Hoard of County Com- mi..!oner. of Collier County, Florida, this 13th day of July, 1982. WILLIA!" J. PEAGiIN Clerk of Court. and Clerk Ex-officio to noard of County Commi.sioners ~~ By ...-,.. .~ V"p'1n . agri.. y - Thl. ordinance flleu with the'SecretOl,' of State'. office the 26th day of ., July, 1982 nnu ncknowled~emcnt of thllt filin~ received this 28th cl.,y of July, 1982. , / Ri': ~il'" ..~ . Vlrgm 1'I~r, MOl 015 PAcr16.a "l'i'i ,.~.,;<,:,;:::jtl. .o..o,!,',:.'r'lltl ""::~:.:;;:rW'~ ,,,....o' ..11~ I; :";1~:t:.t<,~. '1; .~ ;'r;'. . ~ ._. - ,---.-..--'- ,. _..-..- _. .'.' ..- -., " . ..----.--.--,--.--------.-- ShodowWood PI.ANI1ED UNIT DEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY: WILSON, MILLER, BARTON, SOLL , PEEK, INC. 1383 Ai~port Rood No~th Nopl.., Flo~ldo 33942 DATE ISSUED DATE APPROVED BY CAPC DATE APPROVED BY BCC ORDINANCE NUMBER: &OOK 015 PAGE 163 6-24-82 6-17-82 7-13-82 82.49 Agenda Item No. 81\ I,ovember ,3, ' Page 92 0 Aoenda Item No. SA N-ovember 13, 2007 Page 93 of 147 " TA8LB OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE 1-2 SECTION II STATEMENT OF INTENT SECTION III 3 PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 4 SECTION IV GENERAL DEVELOPMENT REGULATIONS 5-14 TRACTS A . E- MULTI-FAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PRIVATE AIR PARK DISTRICT TRACT D - COMMERCIAL SECTION V GENERAL DEVELOPMENT COMMITMENTS 15-16 IOO~ 015 PACf 164 ""I'" .if~ . .,'1:. : ";'?~~:I ~--_....- . , ..._w-___"""........~.~ ~ .' .. ~ .~ ,': i ! } .,. ':~ , " ~ ;~ .' l ;, t ~. .;, Agenda item No. SA November 13, 20n Page 94 of 1 SECTION I STATEMENT O~ COMPLIANCE The pucpo5e of this section i. to expcess the intent of The ROOKUY, Ltd., 706 5th ^venu~ South, Naples. Flodda to develop +168.1 acre. of land located in Section 16, Township 50 South, Range 26 East, Collier CountYr Florida. The name of this proposal development shall hence forth be know ~s Sh~dowWood. The development of Shadowwood as a Planned Unit Development will be in compliance with the planning goal. and objecti~e. of Colliec County as set forth in the Comprehensive Plan. The residential development with associated recreational and private aviational facilities will be consistent with the gcowth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons. ,. The subject property h~s the necess~ry rating points to determinQ availability of ~dequate community facilities and services. 2. The project development is compatlble with and complimenta~y to the su~rounding land uses. J. The subject property will provide a veget8tive buffer between the pl"'operty and Rattlesnake tl,'!;mmock ROlld, the surrounding vacant lands, and the single family residential units to the west. 4. The de~elopm.nt shall con.ist primarily of multi-family l"'esidential clusters and shall thereby provide more common open space. 5. The development shall utilize natural systems for water management such as the cypress, willow, lower wetland areas, and natural drainage courses. 6. The development shall promote the maintenance of the residential neighborhood ond be aesthetically pleasing ~nd functionally efficient. -1- ao~~ 015 rm 165 .-..-- ...--..-- -. -~.. ... Agenda Item !'O. SA November 13. 2007 Page 95 of 147 7, The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake Hammock Road. 8. The development is complimentary to and consistent with the Collier County Comprehensive Plan Land Use Element. g. The land may be used more efficiently, and made more desireable resulting in a smaller network of utilities and streets with consequen~ lower construction and future maintcn~nce costs. 10. Through proper planning and good uniform development control, the development shall protect property values and meet th~ general public welfDr~ and saE~ty of the citizens of Collier County. 11. The project will enable nnd encourage compatibility with the natural nmenities of the environmental as well as pres.~rve and enhance present advantages. 12. The application of the development plan wili permit flexibility and feature amenities and excellence in th~ form of variations in siting, mixed land useS and varied dw~lling types, ~s well as aouptation to and connerv~ticn of th~ topogr^phy and other naturhl characteristics of the l~nd. 13. With propcr uniform quality large scale development, the p~oject m~y be~t serve the public int~r~9t with alternnte mi xed 1 and us~s. -2- M~K 015 PACE 166 -.................. Agenda Item ~~o. SA !\Iovember 13. 20 Page 96 of 1 seCTION II STATEMENT OF INTENT , i', -~, .' It is the p<operty owne<'s intention to continue the development of a single and multi-family <esidential p<oject with recreational, commercial, and ~viational facilities, and other support facilities <equi<ed of a development surrounding a private air pa<k community, The project was initiated in the ea<ly 1970's with the development of Single f.mily residenti.l condominium lots with common f.cilities. )I: As paLt of the name property, it :is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster vill~ges; multi-family residential units1 single family <esidentiol lots, and vorlcd dwolllng unit types. The units Shall be center~d around major point6 such as the air park, lakes, pine and cypress trees, common open spacel tlncl are~s of unique vcget~tion. There m~y be r~crcational benefits consisting of jogging tr~ils, para courses, private swimming pools, neighborhood parks, tennis courts, 4ncl the unique fe~ture of a private ~irpark_ , .t Residents of this project shall be offord~d the oppo<tunity to own private airplnnes ~nd a single family residential or condominium unit with the conveniences of nviational, recreational, and commercial services among a natural scenic Qnvironmental settin9_ The residential development of low-rise multi-family and single family unit~ 5h~11 demon5trDtc a quality WDY of life for its residents that will b~ eminently dcsiraable, esthetically pleasing, ~nd environmentally sound. ~ .' , ",' " -)- eo~~ 015 lACE 167 --............- ~....- ~."'.. -~-...----~- Aoenda Item No. SA N'ov9lT1ber 13. 2007 Page 97 of 147 SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROPERTY OWNERSHIP' The subject pcoperty is currently under the control of The Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940. 3.2. ~L DESCRIPTION: The subject property is described as follows: The east 1/2 of the east 1/2 and: the north 1/2 of the northwest 1/4 of the northeast 1/4: the southeast 1/4 of the northwest 1/4 of the northeast 1/4 and; all bein9 in Section 16, Township 50 South, Range 26 East, Collier County, Florida. ALSO LESS the south fifty (50) feet for road right-of-way ~ny-eaBement right-ot-way of public record. LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT 1, a Condominium, according to the Declar~tion of Condominium recorded in Official Record Book 476, p.ges 304 to 350, inclusive, Public Records of Collier County, Florida, as amended. -4- .., !O~l 015 PACE 168 ',~. .* ..~~ ,-, ';,i~ .~ :~, I I ,'.1 ., ._-.. .....,.... .A.'Jenda 11em I\!o, ~.l.\ N~overnber 13, 20Cl Page 98 of 147 SECTION IV G~NERAL DEV~LOPM~NT REGULATIONS 4.1. PURPOSE: The pu,pose of this Section is to .et fo,th the regulations for development of the p,operty identified on the Master Development Plan. It is the intent of the project sponsor to develop multi-family and single family residences in a low profile silhouette with ample common open space associated with the conveniences of aviational, recreational, and commercial Be~vfces. 4.2. PROJECT PLAN AND LAND USE TRACTS: For the purposes of gros5 residential land use area, the subject property is +168.1 acre.. The project plan including street layout and land uses is illustrated in Exhibit "0", PUD Master Plan, Wilson, Miller, Barton, SolI' P~eK, Inc., Drawing File No. RZ-S9. The project shall consist of fIve land use tracts of general area and configuration 8S nhown in Exhibit ~n". Tro!!SC'ts A . E - Multi-family Residential + , !J. 3 A.cre-s Tracts B - Single FamIly Resldenti&l + 3.7 Acres Tract C - Private Ai, ParK Dist!:'ict + 37.8 ^,cres T!:'act n - Comme!:'ical + 10.3 Acres Entrance Drive + 3.0 Acres Total Area + 168.1 Acres Assuming favorable economic and market conditions, it is the project sponsor's intent to complete development of the p!:'operey within six years. -5- &O~, 015 FACt 169 .'._-~_.'P""-~---"I~_......, ~'. ~--~._._._.._._~,_ I " " ';:'-' -- " , ~... ,~ " -- 1 . Agenda Item No. SA r,ovember 13. 200- Page 99 of 14 The total maximum residential units will be 569 units at a maximum aensity of 3.6 resiaential units per gross acre. 4.3. TRACTS ~ 'E: MULTI-FAMILY RESIDE~TIAL A. Purpose: , The purpose of this section is to indicate the lana ~ regulations for the areaa designated on PUD Master Plan as Tracts ^ and E, Multi-Pamlly Residential. {'. ,,, ',!:, D. Permitted Uses and Structures: , , NO buildings or structures, or part thereof, shall be erected, altered or used, or land used, in whole or par~, for other than the following: 'I' ~ ~ " , 1. Permitted Principal Uses and Structur~St 8. Multi-~amily Residences. b. Common open space, recreational facilities llnd water man~gement facilities. c. Nine hole golE courSe with the typical facilities of a private country club. 2. Permitted ^ccessory Uses and Structures: a. Customary accessory uses and structures. ; b. Signs as permitted at time oC permit application. . '. ~) c. Airplane hangers and tie downs. d. Private road, pedestrian and bicycle paths, boardwalks and cross-walks, jogging and nature appreciation trails, or other simila, facilities constructed for purposes of access to o~ passage through the common aroas. J:: e. Lawn or golf course maintenance shop and equipment storage. .~, -6- " lOOK 015 PACE 170 ....- ._...._,,'0.............,.;.00. . ..~_..--:--... ..... ......~"...... --.-. ....- i\qenda Item No 8..<\ N~ovember 13, 2'0 ,f Page 100 of 1 C. Maximum Owellinq Units: ^ maximum of sse residential dwelling unit.. O. Minimum Yard Requirements for Principal Structures, 1. Oepth from pcoperty boundary line (35) feet. 2. Depth from edge of sll pdvooe paved coads (25) feet. 3. Minimum distance between any two (2) principal .tructures on the same parcel shall be fifteen (15) feet. 4. Minimum distance between a development phas~, or condominium tract line and ~ny principal structure sholl be seven and one-half (7.5) feet. E. Minimum Yard Requirements for ACCessory Structures: As required by the Collier County zoning Ordinance. F. Minimum Floor ^rea of Princip~l Structures: 900 Squore feet {or each dwelling unit. G. Maximum licight of Principal Structure: . t Thr~c (3) living stories above One story of parking with A ma.ximum height of forty-five (45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the mInimum base [Jood elevation required by the Plood Elevutlon Ordinance. }, H. Minimum Off-Stre~t Parklnq: Two (2) parking spac~s per residential unit with a minimum of 1.5 packing spac~s/unit paved and .5 parking space/unit reserved for paving at a time deem~d to be appropriate by the County. :'" , , r. Limitation On Signs: ^s permitted by the zoning ordinance in effect at time of application for building permit. 4.4. TRACT B: SINGLE F^MILY RESIDENTI^L ^. .!:!:!rpos~: The purpose of this section is to s~t forth the development pl.n and land regulations for the areas deslgnnted on PUQ Master Plan as Tract B, S1n91e Famil~ Residential. -7- lOOK 015 IAcr 171 Aaenda Item No. 8A N~ovember 13, Page 101 - B. Permitted Uses .nd Structures. NO building or structure, or part thereof, sh.ll be erected, 81t~red or used, or land used, in whole or part,.' for other th.n the following. 1. Permitted Principal Uses and Structures, .. Single Family Residences. b. Common opell space &: water management facilities. 2. Permitted Accessory Uses and Structures: a. Customary accessory uses and structures. b. Recreational uses and facilities. c. Airplane hangers or tie downs. C. M~ximum Dwellinq Units: ^ maxlmum of 11 residential dwelling unlts m.y be constructe-d. ~ D. Minimum Yard_Requirements: 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear 'filrd - 25 feet 4. ^cccssory structure aB required by current zoning ordindnce. E. Mlnimum Lot Width: 100 feet. F. Minimum Lot Area: 12,000 square feet. G. Minimum Floor ^rea of Principal Structure: 1,200 square feet exclusive of pl'ltio, garll.ge, end/or airplane hanger. -8- &OO( 015 FACE 17l "",::~...-_...,._-.... -,----~---- ......._~u ~~.':.A....::,......... .i.l~L:;;..'.flJZ.'.!!'......:7,_ ...~,' - AC18ncia Item t\j,J, cA !'~~ov8mber 13, 2007 Page 102 of 147 H. Maximum Height of P~incipal Structu~es' Th~ee (3) sto~ies above the finish g~ade of lot or from the minimum base flood elevation requi~ed by the flood elevation ordinance. I. Off-St~eet P'~Kinq Requi~ements: Two (2) spaces, at least one of which shall be located within the pe~mitted building a~ea. J. Landscaping and Buffer: All buildings, enclosures, or other structures constructed for purpoS~B of maintenance, sh~ll have ~ppropriate screening and landscaping. 4.5. TRACT .C., pnlVATS AIR PARK DISTRICT: ^. Purpose: The Jurpo!>e of this section is to indicate the development plan and land r~gulations fo~ the areas designated on th~ PUD ::ilBter Plan 0::-1 Tract "C", Private ^ir Park District. n. Deve:opment Plan: 1. ':'hc primary purpose of this Tract .....ill be to provide the necQsnary aviAtional support f~cilities to ..ccommod<Jto a private airport. These areas shall be utilized only in accordance with the provisions necess~ry to m~intain ~nd operate the private air pork. 2. Except in are~s to be used for Water impoundment and prinCipal Or accessory use areas, all natural trees and other vegetation as butrer snell be protected and p~ese~ved GO long as such pl.nt life shall not interfe~e with the cont~ol of al~sp.ce withtn 700 feet (rom the end of the primaLY runway surface. C. Uses Permitted: No buildin9 or structure or part thereot, shall be erected, altered or used, or land used, in whole or in part, for other than the fOllowing: -9- , ..... ..'__L....-.n.. ~ _ .......',. ............ .... '. ....-.....-.... -... ..--.......-.....--- &OO( 015 rm17J " . ~,~,,,,,,,.,,, .,..~."~=_._,,.'"'~~. "., " I -....., Agenda Item No. 8A November 13, 2007 Page 103 of 147 1. Permitted Principal Uses and Structures. a. ^irport runway and administration building. b. ^irport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d. ^viational maintenance and service shop. e. Wate~ management f~cilities. f. ^ny other similar aviational support facilities that may be necessary or eompatible with the operations of a private air park. 2. Permitted Accessory Uses and Structures: !. Accesaory us~s customarily eseociated with the uses permitted in this district. b. Lawn or golf course maintenance shop ~nd equipment storage. c. Signs as permitted at time of permit application. "'"", D. Minimum Y~rd Requirements: 1, S~tb~ck from edg~ or primnry runway surface - 100 fe~ t. 2. Other structtlres must conform with Betb~cks of the abutting properties land ~se regulations I however, they may not be placed within fifty (50) feet of the primary runway surface. E. Control of Airspace: The control of the .irspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The cont~ol shall be of such a nature as to prev~nt any airport hazards from being grown, erected, or otherwise placed within ~ glide p.th of 20: 1 from the ends of the primary runway surf~ce. -10- .....il;,.:i ., "f. .,;<;t ._...~-._- __,.~.....,. _~..,... ...... ,..-*----t'", - -. '. --- ~ , ! j.'<fJ ./., :;1i<! %}~ lOO~ Q15 rm174 Agenda !tmn No. SA t~ovetT1ber 13. 2007 Page 1040f147 4.6. TRACT "0" - COMMERCII\~ A. Purpose: The purpose of this Section is to set forth the development plan and land regolations for the areas designated on PUD M~ster Plan as Tract "0", Commerci81. B. Uses Permitted: No building or structure, or part thereof, shall be ~rected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a) Antique shops: art studiosj art supply shops; aviation fueling facilities without repairsl avi~tion m~intenance nnd service shop, airplane hangers and tie-downs, administration building. bl B^kery shops: b.rber and be.uty shops; b.th supply 8tor~s; bicycle sales and services; blueprint shops; bookbinders: book: stores; business machine set"vices. cl Churches and other places of worship, clothing atoreSt cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy Stores. d) Delicatessens; drug sto~es; dry cleonin9 shops, dry good9 stores: and d=apery shops. f) Florist Shops. -11- i 'f"; --....-.... -""--'---'-~--...-."... .,.-.-.-. ~........ '--. '--, '.. ......,,,..,, . anOK 015 rm175 I Agenda Item No. SA November 13. 2.007 Page 105 of 14 .-.. p) P~int and wallpaper stores: pet shopst pet supply shops; photographic equipment stores: pottery stoces; pcinting: publishing and mineogcaph service shops; p~ivate clubsJ professional off ices. g) Gacden supply stoces - outside displ.y in side .nd ce.c y.cds, gift shops; goucmet shops. h) Ilardware stores; health food stores. i) Ice CreAm stores. j) Jewelcy sto<es. 1) L.undries - self secvice only, leather goods/ legitimate theatres, liquor stores; locksmiths. m) Mackets - food and/or meat; medical offices and clinics; millinery shops: museums: music stores. oj News stores. 0) Office - gener.l; office supply stores. - r) Radio and television 5~le5 and services; research and design labs; restaurants. s) Shoe rep~ir; shoe etores; shopping centers, 50uvcni r Btor~s. t) TaIlor shops, taxiclecmlsts; tile sales - ceramic tile, tob.cco shops; toy shops; tcopical fish stor:cs. u) Upholstccy shops. " ~, v} Variety shops; vehicle rental - automobile only, veterinarian offices and clinics - nO outside Kennels. ~ f~ l' . w) Water Management Facilities. xl watch and p<ecision instcument cepaic shops. y) Any other commercial UBe or pcofessional service which is compacable in natuce with the foregoing uses and which the .oning dicector determines to be compatible In the district. .-.. ~OO! 015 mF 176 - 12- .. ---.- ----- --........-........ .-.--..- ......----- ,A,genua Item No. SA f~ovember 13. 2007 Page 106 of 147 2. Permitted hccessory Uses and Structures: ~, Accessory uses and structures customarily associated with the principal uses. b) Caretaker's residence. c) Signs as permitted at time of permit application. 3. Permitted Uses and Structures: Subject to Site Plan Approval. ~) Car Nash. b) Ch lld care center. c) Commercial recreation - outdoor. d) Detached residence in conjunction with a business - one (1) per business. ~) Permitted use with leBo than 1,000 squ~re feet gross floor are~ in the principal structure. f) Vehicle rentals. g) Hotel, motels, and time share facilities. C. Minimum Lot ^rea: Ten thousand (10,000) square feet. D. Minimum Lot Width: One Hundred {lCO) feet. E. Minimum Yard Requirementsl 1. front yord - twenty-five (25) feet. 2. Side yard - none, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 3. Railr yard - twenty-five (25) feet. F. Distance Between Structures: Same ilS for Bide yard setback. G. Maximum Height of Principal Structure: 45 feet. H. Minimum Floor lIr~a of Structure: One thousand (1,000) square feet per bUllding On the ground floor. I. Maximum Density: Sixteen (16) units pet' aCJ:e for transient lodging facilities, hotel, motels, and time share facilities with a maximum floor area of 500 square reet per unit. -13- . --- --- &Oll 015 ~ACE 177 J ,b.genda Item No. SA r,ovember 13. 2007 Page 107 of 147 J. Off-Street PArkini Re1uirementsl zoning ordinAnce n e fect at the permit . As required by the time of building - -14- ",~,W,,,,."..~'~ ....~..: ,..~,..~;,;_ ~~_r....,_..._a-.'-.......".'-r...i';..-':"......n.= .;......~.~ . . ;_.. ........ -. MOl 015 rACE 178 .,\i'. . .~~~~ "!+ .--.--'--- Aoenda Hem r'~o. SA r~~ov0mber "i 3. 2007 Page 108 of 147 SECTION V -'~: ..,' ";'; GENERAL DEVELOPMENT COMMITI1ENTS 5.1. PURPOSE, The purpose of this Section is to set forth the standards for development of the project. 5.2. P.U.D. MASTER PLAN: A. The PUD Master Plan (Wilson, Miller, Barton, 5011 & Peek, Inc. Drllwing File No. RZ-59, Sheet 1 of 2), is an illustrative preliminary development plan. D. The design criteria and layout illustrated on the Master Plnn Bhbll be unde~stood uS flexible 90 th~t, the final design may satisfy the project and comply with all appl icoble rc-quirements. C. ^ll necc~sary casements, dedications, or other instrumento shall be gr~ntcd to insure the continued operation lInd maintenance of all service utilities. D. Minor design changes shall be permitted subject to st.ff l5pproval. E. Overall cite design Bhnll be hllrmonioua 1n terms of landscaping, enclosure of structure, locations of all improved facilities, and Yocation and treatment of buffer areas. f. To protect the tntegrlty of the Planned Unit Development, residential neighborhood, the only access ro.d shsll be the private road as shown on the Master Pl~n with an exception for temporary construction ra.ds. G. Areas illust~ated as "lakes" shall be constructed lakes, or upon approval, parts thereof m~y be green areas in ~hich as much natural foli'ge as practlc.l shall be preserved. Such ~rcas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. -15- BOO~ 015 fACE 179 i," ,- 'fr I... 'I "'1 j,,: ... ..,.......-_......_~_. " ... ...~ ,. . .' .~ Agenda Item No. SA November 13. 2007 Page 109 of 147 H. Wetland subzones 'A-I, A-2, A-], a-I. C-l, E-l and E-2" (Wilson, Miller, Barton, SolI , Peek, Inc. Drawing File no. RZ-59, Sheet 2 of 2), are illustrative tubzones and will be conserved as much as practicable as storm water mana~ement/open space aress. These areas will be flagged for protection, prior to development. 5.4. WATER MANAGEMENT: A. Detailed water management construction plans shall be submitted to and approved by the County Engineer prior to commencoment of any construction. B. Appropriate easements to be granted to Collier County for maintenance of perimeter 9wale system. 5.5. SOLID WASTE DISPOSAL: Such arrangement and Dgreements as necessary shall be made with an approved .olid waste disposal service to provide for solid waste collection service to ~ll areas of the project. 5.6. RECREATION FACILITIES: ^ minimum of three swimming pools and three tennis cou~ts 511al1 be constructed by the project sponsor. ^dditional recreational facilities may be constructed by the futurQ residents of this project. 5.7. TRAFFIC: A. The project aponsor will provide to the appropriate governmental a~ency, an additional right-of-way of 17.5 feet alan~ the .outh property boundary line for future road widening of R~ttlesn<1ka lIammock Road. B. The project sponsor agree. to construct 8 right 8nd left turn stol"'age ll\ne on Rattlesnake IItlmrnock ROAd for traffic entering ShadowWood and to pay his proportionate share of the costs of a traffic .ignal 8t the project entr8nce when <equlred by the appropriate government81 8gency. C. A sidwalk shall be constructed on one side of the main entrance road into the project. -16- . - --_.~..~~.._...-..--....~ .-.~,.....-_.---.- MOX 015 lACE 180 --- .-...- ... ..-- Agenda item i'.io. SA NO~9a~~e{ 110';}~~;' , 5.8. UTILITIES, A. A cent~al water supply system shall be made available to all areas of the project. The wate~ supply SOurce fo~ the project shall be the County system. E. All areas of the p~oject shall be se~ved by a central wastewater collection system and by an existing off-site waste water treatment plant. The existing plant shall be expanded as may be needed to me~t the anticipat~d demands. Plans and D.E,R. pe~mit applications fo~ the sewage t~eatment plant shall be submitted to the Utility Division. C. The project sponsor agrees to comply with all applicable County laws and o~dinances governing utility provisions and facllitl~s. D. Telephone, power and T.V. cable service shall be made available to all r~sidential ar~as. All such utility lines shall be installed underground. -17- ,-'~... ~ - --- ..- .......- eoo~ 015 rACF 181 , }~ , .' ,. " r '.J!. ::I,'tt,',1 ,~r , l" 1."" r (8P~V4 g~O 1001 Ji:=..:: ,l I II II :.: ':"c-~._~~-"-.wu,..--..-""~ . . 'I" '.-"--:-;. I! II I : 1- ! 1._ : I I- I, I I: I i I I! I' : '! ,"'.- II Ii!: 1\ liil \, ~I ;'!) /.-.~'~~=-..:-: i' II Jr I j~, Ii I I 1 \'I'. ( '. j I; ; I I "'11 'I; i I I ',; "", I:J I j: I:: I ' "\ / , I I ~ :' I : I ~. ji J 11'. ' . ! r: '~(~\'~~ -.' --::; I'. I! /:~~ ..(, ':Itl',! c- / , I I I: '-.:~I.'.,/.-c-:~I . !(f: I::' - 1:Ij-' ':'\ -: ;~. I II' J I -: "I l~ . ~ . 1[; . ,-- . ....., " I;" '. ~ "'. i I . ,c,s II JJ' ((J: : -1 (:-. .1:' :..'n:ln 'i\,X '. "r, I I I' \J, \J \' ," Ii '11~ ~{'(~ '-<<'\ II ' -'~ i~1 ' 'lJJ" I ' ~~'- - ,-_.l~~:"'fl, .-'-;- .J1..r:.J . I' \~ V'~~~ ~ '\~ /_ I"'::' ("') , , ! : ! ,0r ~ - =<? (/ ,><, '. "::' ": : '-' . \\)~:::::1~ =\'~ I . '\. I\..:. - .=-,~ - - -,-, ~ Pi/ i '",:} .. .\'\ ~ c:.~~..: ~/ J _. '- .-:::._.:......_ ~',. ...,;..._ -:-:'... _ '~ :;:..-'-... ,.~..- -:;::'.-1' I ; i . ; +';'..'. , .'. I . -'. I, :': , " ':~:;_~I r' . \;:. illl ! ,I ~I jlJ:1 . : = . ..Jl ; II . . ~L . Ii C ~b "~O ::iN Zn- ~.,.-' 2G":; ,- n (\)~ -! -;;(i) ~6 ~,~ <(~ 1 ~;l --------------- ------:--Ov~~;O~~-J>lYNST\ll"'" _~___ ~m~<'.<'.<'. i"~Z~Z ~ $ ZO 15~ o Iw ::> Vl-' 0.. W ~ o '" f-' W <)- I-W(/)a::; c...~w<c o~(!)~ 2~~ ~ -i::!:::CU'l <(oOw Zt-O I (3 1-' c::g~ u Oo:r5~~ ~Vi~~CO 1--0<(- :::!: ;:>-a::~ ::E ...JO(...) OZz: LL..<e 8:QOWg:: t-WZ Cl~J:=:i:? WI= t- ",.- ~<( .WV') ~..J~~~ ~2Q~~ e::W~I:I: C::W0(j ~2Sn:: 5>- ?: _....10:::0::: Z<l::I<r.: ffi:S6~~ Io..;:::~g XO:::Z-m ww::.:g: r.nt1~Vl;:I: ~~~~~ w :=; Z ~ ~ ~ !3 .. '" ~ ~ C) ~ " ~ ~ " . e - z iii 0 - ;'j ~ c ~ g < 0 13 " " " g ~ ~i I ~, , ~H~ ~ '<t lo: ~;> t ti ~ ~( i o. i2f <.r~. 1 ~ ~f? ~~t': !. o E~" 6,' ;: ii, ~iii D. ryg OJ = I- - 0 9 . ~ < ~ 0 .iJ i!5:s i~ "" w- 1~~~H = q- ...L: >< W u ! ~ " ffi w ~ ~ 9 c; = f:'I '" I ~ ~ ~ ~ ~ ~ ~ :l I w ffi ! d ~ ~ ~ w ffi f 8 ~ o\:! I I I Q <C lZl () '" ~ ~ n ~ ~ - .... .. .... w PI. . , i I II " I t; g Agenda Item No. 8A November 13,2007 Page 1 i3 of 147 '. ORDINANCE 82 - -A2- <I; ,.:.~.;:.;. .' "~,, ....~ .;,4" "a '~::t~'~I~ ,....'~' ";1<',0-., . tit '..'..~.~..: il .~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, RSF-4 & C-4 TO PUD PLANNED UNIT DEVELOPMENT FOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARK; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. The Rookery. Ltd. petitioned the Board of County Commi5sioner~ to change the Zoning Classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County Comm15510ners of Collier County, Florida: Section One: The Zoning Classification of the herein described real property located in Section 16, Township 50 South, Rsnlle 26 East, Collier County. Florida is chenlled from"A-2, RSF-4 & C-4"to "PUD" Pl<'inned .Unlt Development in accordance with the PUD document attached hereto as Exhlbit "A" which 1s incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number. Number 50-26-5, as deecribed in Ordinance 82-2, 1S hereby amended accordingly. Section Two: ,., Thi.s::,Ordinance shall become effective upon receipt of , . - , ., , ... ,.., (") ,. "' ... .. >> ... '" ... ... ~ ... ,.., !s ~ . .,.,"!~:., (Q ;:::~!ii , :tt\., t: rrt ""'.~~. ~ 0 " - CD. "" t: '" ;,.--) ~OOK 015 PAcr 161 'Iqenda item r,o SA N~ovember 13, 2007 Page '114 of 147 .' notice that it has been filed with the Secretary of State. DATE: July 13, 1982 BOARD or COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.~,// ~,~:", BY: C k (:J~ C. R. "RUSS" WIMER, CHAIRMAN STATE OF FLORIDA cou:m' OF COLLiER ) I, WILLlA.'1 J. RE.A.GA.~, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDI~\~CE NO. 82-49 .-hich ",as adopted by the Board of COlmty Corrmi<<ioner< during negu1ar Session July 13, 1982. Inn.1,SS my hand and the official seal of the Board of County Com- mis~ioners of Collier County, Florida, this 13th day of July, 1982. WILLlA" J. PEAGi\N Clerk of Courts and Clerk Ex-officio to Board of County Corrmissioners ~~ By 'I . ~ . VI rpn . agn, ~~u r _ This onHnancc July, 1982 and July, 1982. filed with the' Secretor)' of Stntc's office the 26th day of acknOk'ledgcment of thllt filing received this 28th dny of Ry: ~:. ..~ Vl T~ln f "'gn, put)'. or MOK 015 PAcdB.2 \'" J J"',' .... ,. "~~[ .(~ . ..~~~' .. ';" . ,,' . '\~'l' .f. -: .-; :, ~ Shadolo!Wood PLANNED UNIT DEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1363 Airport Road North Naples, Florida 33942 DATE ISSUED DATE APPROVED BY CAPC DATE APPROVED BY BCC ORDINANCE NUMBER: MO! 015 PAcr16) 6-24-82 6-17-82 7-13-82 82.49 Agenda Item No. November 13, 2 Page 115 of ,A.,qencja Item [\)0 8.,6, November 13. 2007 Page 115 or 147 TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE 1-2 SECTION II STATEMENT OF INTENT 3 SECTION I II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 4 SECTION IV GENERAL DEVELOPMENT REGULATIONS 5-14 TRACTS A & E- MULTI-PAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PRIVATE AIR PARK DISTRICT TRACT D - COMMERCIM, SECTION V GENERAL DEVELOPMENT COMMITMENTS lS-16 aDOK 015 pm 184 ---...-.-..,.-~ .....,._......-..--..~.~ . - ~ ~- .:;i~ ".".. Agenda Item No.8 November 13, 200 Page 117 of 14 SECTION I STATEMENT OF COMPLIANCE .t, f ~ f. " J,. The purpose of this section is to express the intent of The Rookery, Ltd., 706 5th ~venue South, Naples, Florida to develop +168.1 acres of land located in Section 16, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposal development shall hence forth be know os ShadowWood, The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational and private aviational facilities will be consistent with the growth policies and land development regulations oE the Comprehensive Plan Land Use Element and other applicable documents for the following reasons. ,. The 5ubj0Ct property ha~ the nec~s5ary rating points to determine avail<1.bility of J.(l~qlldte community f,~cilities and 6C'fvices. 2. The project development ~s compattble with and complimentary to the 5~rrounding land uses. 3. The subject property will provide a vegetative buffer between the property and Rattle5n,ke Hammock Road, che surrounding vacant Idnds, and the single family residential units to the west. 4. The development shall consist primarily of multi-family residenti,l clusters and sh,ll thereby provide more common open space. 5. The development shall utilize natural systems for water management such as the cypress, willow, lower wetland areas, and natural drainage courses. 6. The development shall promote the maintenance of the residential neighborhood and be aesthetically pleasing and functionally efficient. ", -1- i; , ~\. E~ 'J~ eoo( 015 PACE 165 Aaenda Item !'~o SA N~ovember 13. 20C? Page 118 of 1,:17 7. The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake Hammock: Road. 8. The development is complimentary to and consistent with the Collier County Comprehensive Plan Land Use ~lement. 9. The land may be used more efficiently, and made more desireable resulting in a smaller network of utilities and streets with consequent lower construction and future m~intcnance costs. 10. Through proper planning and good uniform development control, the development shall protect property values and meet th? general public welfare and safety of the citizens of Collier County. 11. The project will enable nnd encour~ge compatibility with the natural amenities of the environment~l as well as pres.~rve and enhance present advantDges. 12. The applicatIon of the development plan will permit flexibility and feature amenittes and excellence in th~ form of variations in sitin~, mixed l~nd uses and varied dw~lling types, as well as aoaptation to and conservJtion of thu topography and other natural characteristics of the land. 13. With proper uniform quality large scale development, the project m~y be.t serve the public interest with alternate mixed li3nd us~s. -2- ~O~! 015 pm 166 ~- .--.-,..-.-.....-.- -_._._._---...-~.... ~ .J ,,'. .'. 1\ .i i\genda Item NO.8 Hovember 13. 200 Page 119 of 14 SECTION II ST~TEMENT OF INTENT ~ It is the property owner's intention to continue the development of a single and multi-family residential project with recreational, commerciaL and aviational facilities, and other support facilities required of a development surrounding a private air park community. The project was initiated in the early 1970's with the development of single family residential condominium lots with common facilities. '", ;1' .\ \ . ~s part of the same property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster villages; multi-family residential units; single family residential lots: and varied dwelling unit types, The units shall be centered around major points such as the air park, lakes, pine and cypress trees, common open space, ana ~reJ:s of unique vcgct~tion. There mJY be r~crcational benefits consisting of jogging troi is, para courses, private swimming pools, neighborhood parks, tennin courts, nnd the unique feature of a priv~te airpark. Residents of this project shall be afforded the opportunity to own private airplanes and 3 single family residential or condominium unit with the conveniences of aviationnl, recreational, and commercial 5~rvices among a natural scenic environmental setting_ The residential development of low-rise multi-family and single family units shall demonAtrate Q quality wny of life for its residents th~t will be eminently d~sireable, esthetically pleasing, and environmentally sound. J' -)- ~o~~ 010 PA,( 167 --........ -.... ....-. ......- ~-...-----...........-'"'" . .. -.. ,4qenda item No SA I,Jov'?rnber ": 3, 2C)()7 Page 120 or 1,::7 SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROPERTY OWNERSHIP: The subject property is currently under the control of The Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940. 3.2. LEGAL DESCRIPTION: The subject prope~ty is described as follows: The east 1/2 of the cast 1/2 and; the north 1/2 of the northwest 1/4 of the northeast 1/4; the southeast 1/4 of the northwest 1/4 of the northeast 1/4 and; all being in Section 16, Township 50 South, Range 26 East, ColI ier County, F'lorida. ALSO LESS the south fifty (50) feet for road right-of-way and any-casement right-of-way of public record. LESS HING SOUTH AIR PARK PRIVATE VILLAS UNI'r 1, a Condominium, according to the Declaration of Condominium recorded in Official Record Book 476, pages 304 to 350, inclusive, Public Records of Collier County, Florida, as amended. -4- &OlK 015 PAGE 168 '. ,,: . , I I I i ! I , cj Aoenda Item 1-.10. 8A N~ovember 13. 2007 Page 121 of147 SECTION IV GENERAL DEVELOPMENT REGULATIONS 4,1. PURPOSE, The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan, It is the intent of the project sponsor to develop multi-family and single family residences in a low profile silhouette with ample common open space associated with the conveniences of sviational, recreational, and commercial services. 4.2. PRCJECT PLIIN AND [,IIND USE TRACTS: ... ..- For the purposes of gross residential land' use area, the subject property is +166.1 acres. The project plan including street lnyouo and land uses is illustrated in Exhibit "B~, PUD Master Plan, Wilson, Miller, Barton, SoIl' Peek, Inc., Drawing rile No. RZ-S9, The project shall consist of five land use tracts of general ares and configuration as nhown in Exhibit "D", Tracts II [, E - Mulll-fomily Residential + 113.3 Acres Tracts n - Single Fami ly Residential + 3.7 Acres Tract C - privnte lIir park District + 37.8 Acres Tract [) - Commcrical + 10.3 Acres Entrance o rl ve + 3.0 Acres Total Area + 168.1 Acres Assuming favorable economic project sponsor's intent to property within six years. and market conditions, it is the complete development of the -5- ~O~i 015 pm 169 ..._., __~_._.._~......~.~...__.. ,. r.. ~.---'-'_._".'._-~- f ''"I } .~ "qenda Item No SA r\Tovember' 13, 2'007 Page 122 of 147 t. it- ~ <. The total maximum residential units will be 569 units at a maximum density of 3.6 residential units per gross acre. .., . t, .~ :ilt 4.3. TRACTS A & E: MULTI-FAMILY RESIDENTIAL l\. Purpose: The purpose of this section is to indicate the land regulations for the areas designated on PUD Master Plan as Tracts ^ and 0, Multi-family Residential. ,~, ; D. Permitted Uses and Structures: JJ' 1': " No buildings or structures, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a. Mul~i-raml1y Residences. b. Common open sp!ce, recreational facilities and water man~gement f~cilities. c. Nlne hole golf course with the typical facilities of a private country club. 'k 2. Permitted Accessory Uses and Structures: a. b. c. d. , .'. Customary accessory usas and structures. Signs as permitted at time of permit application. ^irplane hangers and tie downs. Private road, pedestrian and bicycle paths, boardwalks and cross-walks, jogging and nature appreciation trails, or other similar facilities constructed for purposes of access to Or passage through the common areas. e. Lawn or golf course maintenance shop and equipment storage. -6- . ~ " ~~ lOOK 015 PACE 170 '..~ '~."1I_. .... ....-,.._. '.__ ~-- .--,_....,.._.,~.,.;'O';'. "7"; ~-_..__.... --\, ..' I , . Agenda Item No. SA November 13. 2007 Page 123 of 147 c. Maximum Dwelling Unite: A maximum of 558 residential dwelling units. D. Minimum vard Requirements for Principal Structures: I. Depth from property boundary line (35) feet. 2. Depth from edge of all private paved roads (25) feet. 3. Minimum distance be~ween any two (2) principal s~ructures on the same parcel shall be fifteen (15) fee~. 4. Minimum dis~ance between a development phase, or condominium tract line and any principal structure shall be seven and one-half (7.5) feet. E. Minimum Yard Requirements for Accessory Structures: AS required by the Collier County Zoning Ordinance. F. Minim~m Floor Area of Principal Structures: 900 Square feet for each dwelling unit. G. Maximum lteiqht of Principal Structure: Three (3) living s~ories above one s~ory of parking with a maximum heigh~ of forty-five (45) feet. ;, In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. l: t ~' j~ ,. ~. H. Minimum Off-Street Parking: Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. I. Limitation On Signs: As permitted by the zoning ordinance in effect at time of application for building permit. 4.4. TRACT B: SINGLE FAMILY RESIDENTIAL A. ~rpose: The purpose of this section is to set forth the development plan and land regulations for the areas designated on PUD Master plan as Tract B, Single Family Residential. -7- ... r.~r..'w_ __~._p..._"'.~_ ___.#._.......____........~__..'..rA_o'_.. ,.. ..,.... _. .....~_. '. .~ MOK 015 PAGEl71 Aoenda Item f\j N~")\jernber 13, Page 124 of B. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a. Single Family Residences. b. Common Opel) space & w~ter management facilities. 2. Permitted Accessory Uses and Structures: B. Customary accessory uses and structures. b. Recreational uses and facilities. c. Airplane ~angerg or tie downs. C. Maximum Dwcllinq Units: A maximum of 11 residential dwelling units may be constructed. D. Minimum Yard_~equirements: 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear Yard - 25 feet 4. Accessory structure as ~equi~ed by current zoning ordinance. E. Minimum Lot Width: 100 feet. r. Minimum Lot Area: 12,000 square feet. C. Minimum Floor Area of Princip~l Structure: 1,200 square feet exclusive of patio, garage, and/or airplane hanger. -8- ~DO( 015 lACE 17 ~ ...::.Ai.~_:"'...._~... ....~.t...,;;....rtZ"..'..........:..~._ ~ 4...._..._ ...._._.. __..____...__. .',',.,........l.lCl: Aqenda Item No. SA N-ovember 13. 2007 Page 125 of 147 H. Maximum Height of Principal Structures: Three (3) stories above the finish grade of lot or from the minimum base flood elevation required by the flood elevation ordinance. I. Off-Street Parking Requirements: Two (2) spaces, at least one of which shall be located within the permitted building area. J. Landsc~pinq and Buffer: All buildings, enclosures, or other structures constructed for purpose5 of maintenance, shall have appropriate screening ~nd landscapinqa 4.5. TRACT "Co: PRIVATE AIR PARK DISTRICT: ^. PurnOse: The Jurpo!;(> of this section is to indicate the development plan ~nd l~nd regulations for the areas designated on the PUD ':llster Pla.n D.~ Tract "e" I Private Air Park District. R. Dcve:opment Plan: 1. ':'hc primary purpose of this Tract will be to provide the necosoary aviational support facilities to ..ccommodntc a private airport. These are~s shall be utilized only in accordance with the provisions necessary to maintain ~nd operate the private air park. 2. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as butter shall be protected and preserved GO long as such plant life shall not interfere with the control oE airspace within 700 feet from the end oE the primary runway surface. C. Uses Permitted: No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: -9- ,..... .M7~,_..~.~~. _ ._.~,~. ~_....", ., .~ '. .-.._.~.._., .-.... ..-............--.-.--- ~oo~ 015 rm11J Agenda Item I~o. SA November 13. 2007 Page '!2E of 147 ~ ,. Permitted Principal Uses and Structures: a. ^irport runway and administration building. b. ^irport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling nnd service shop. d. ^viational maintenance and service shop. e. Water management f~cilitieB. f. ~ny other similar aviational support facilities that may be necessary or compatible with the operations of a private air park. 2. Permitted Accessory Uses and Structures: a. Accesnory us~s customarily ~ssociated with the uses permitterl in this district. b. Lawn or golf course maintcnanc~ shop and equipment storage-. c. Signs as permitted at time of permit application. D. Minimum Yard Requirements: ,. S-:tbLlck from cd3~ of pt"irnllry runway surface - 100 fe~t . 2. Other structur~s must conform with setbacks of the abutting properties land use regulations; however, they may not be plnced within fifty (50) feet of the primary runway surface. E. Control of Airspace: The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The control shall be of such a nature as to prevent any airport hazards from being grown, erected, or otherwise placed within u glide path of 20: 1 from the ends of the primary runway surface. -10- , ""l' ", J;;! 'N~,' .-:~.~ '. -. - :,", - --- ~_.. -~.,.. ..... ...---- -~, ~_. .--.--- ... ~oo~ Q15 rm174 Agenda Ilem No. SA N-ovember 13. 2007 Page 12701147 4.6. TRACT "0" - COMMERCIAL A. Purpose: The purpose of this Section is to set forth the development plan and land regulations for the areas designated on PUD Master Plan as Tract "0", Commercial. B. Uses Permitted: No building or structure~ or part thereof, shall be ~rected, altered or used, or land used, in whole or part, for ot~er than the following: 1. Permitted Prcncipal Uses and Structures: a) ~ntique shops~ art studios, art supply shops; aviation fueling facilities without repairs; aviation maintenance and service shop, airplane hangers and tie-downs, ~dministration building. bl Bakery shops; barber and beauty shops; bath supply BtorC'5i bicycle sales and services; blueprint shops; bookbinders; book stores; business machine ser.... ices. c) Churches and other plac~s of worship; clothing stores~ cocktail lounges; commercial recreation uses - indoor; commercial Bchools; confectionery and candy stores. d) Delicatessens; drug stores; dry cleaning shops; dry goodS stores; and drapery shops. fl Florist Shops. - 11- $; ~ , --....- "... -~., ........_.__._-~--.....\... '-.-.-' ~..' ..... '-' , .... .. '''. . 10 ...,~ ~OOK 015 lACE 175 '\ ,')' AQcnc:a Item r"-Jo. SA. i\joVeJTlber 'i3. 2007 123of147 g) Garden supply stores - outside display in side and rear yards; gift shops; gourmet shops. h) Ilardware stores; health food stores. i) Ice Credm stores. jl Je>lelry stores. 1) Laundries - self service only; leather goods; legitimate theatres; liquor stores; locksmiths. m) Markets - food and/or meat; medical offices and clinics; mi 11inery shops; :nusellms; music stores. n) ~Je"'lS r;!:.()=0f:~, 0) Office - gen~~a:: office supply stores. p) ?~int dna wallpape~ stores; pet shops: pet supply ~hops: photographic equipment stores; pottery stores; printing; publishing end mineograpM se::-vlcC' !'>hop!J; pr-ivate- clubs; professional () f f ices. r) Radio ~no television s~les und services; resoarch and design labs; r~staurants. s) Shoe- r-epJ.ir; shoe .stores; shopping centers; souvenir stores. t) Tailor zhops; taxidermists; tile sales - ceramic tll e; tobacco shops; toy shops; t ropi cal fish stores. u) v) a: ., .' w) , :-.; x) y) Upholstery shops. Variety shops; vehicle rental - automobile only; veterinarian offices and clinics - no outside kennels. Water Management Facilities. Watch and precision instrument repair shops. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which th~ zoning director determines to be compatible in the district. -12- '--.-.. --- .-..... ..... '....--..- ....,.---..- ~OOl 015 PAcr 176 Agenda Item I~o. 8A N"ovember 13. 2007 Page 129 of 147 2. Permitted Accessory Uses and Structures: al Accessory uses and structures customarily associated with the principal uses. bl caretaker's residence. c) Signs as permitted at time of permit application. 3. Permitted Uses nnd Structures: Subject to Site Plan Approval. al Car Hash. bl Child care center. c) Commercial recreation - outdoor. dl Detached resid~nce in conjunction with a business - one (1) per business. e) Permitted use with les!1 th~n 1,000 square feet. groBs floor are~ in the principal structure. f) Vehicle rentals. g) llotel, motels, and time share facilities. C. Minimum Lot ,\rea: Ten thousand (10,000) square feet. D. Minimum Lot Width: One llundred (100) feet. E. Minimum Y~rd Requiramentsl 1. Pront yard - twenty-five (25) feet. 2. Side yard - none, or a minimum of five (5) feet with unobstructed pa59age from front to rear yard. 3. Renr yard - twenty-five (25) feet. P. Oistonce Between Structures: Same.s for side yard setback. G. Maximum Height of Principal Structure: 4S feet. H. Minimum Floor Area of Structure: One thousand (' ,000) squnre feet per buildlng on the ground floor. I. Maximum Density: Sixteen (16) units per acre for tranSIent lodgIng facilities, hotel, motels, and time share facilities with a maximum floor area of 500 squdre feet per unit. -13- bOOK 015 'ACti77 J. ,ii,08nca !terTI !'Jo 8A t"oovember 13, 2007 Pc"ge '130 of i 47 Off-St~eet Pa~kin9 Reiui~ements: zoning o~dlnance 1n e fect at the permi t. As ~equired by the time of building -14- "...... ...4......\~ .. .... ~..._......'="lil~.""r..'".w,_;-",'.~.....~~.:~..._,~:: .," ----.---- .' . ~ .......-............ MO! 015 PACE 178 .',oenda Ilem No 8A NClvernber 13. 2007 Page 131 of 147 SECTION V GENERAL DEVELOPMENT COMMITl1ENTS 5.1. PURPOSE: The purpose of this Section is to set forth the standards for development of the project. 5.2. P.U.D. MASTER PLAN: A. The PUD Master Plan (Wilson, Miller, Barton, 5011 & Peek, Inc. Drawing File No. RZ-S9, Sheet 1 of 2), is an illustrative preliminary developmant plan. B. The design crit~ria and layout illustrated on the Master Plon shall be understood os flexible so that, the final design may sotisfy the project and comply with all applicable requirements. c. ^ll necessary c~5cment5, dedications, or other instrumentG shall be grontcd to insure the continued operation and maintenance of oIl service utilities. D. Minor design changes sholl be permitted subject to staff approval. E. Overall site design aholl be harmonious in terms of landscoping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. F. To protect the integrity of the Planned Unit Development, residential neighborhood, the only access road shall be the pcivate road as shown on the Master Plan with an exception for temporary constructiOn roads. G. Areas illustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such areos, lakes and/or natural green areas, shall be of general area and configuration as shown On the Master Plon. -15- ~/' '. ',".'Jl, .. .~. ' .:. . ~....~---,.-..._~_. ., .. ... ~.. , .. -..-- ~OOK 015 fm 179 .;~,.,. -,I.,; '.~.i, ';:~ " .L.qenda item No. SA J r~()vernber 13. 2007 Pagei32of147 . II. Hetland sub.ones ".'1-1, .'1-2, A-3, B-1, C-l, E-l and E-2" (IHlson, Miller, Barton, Soll , Peek, Inc. Drawing File No. HZ-59, Sheet 2 of 2), are illustrative Subzones and will be conserved as much as practicable as storm water management/open space areas. These areas will be flagged for protection, prior to development. 5.4. WATER MANAGEMENT: A. Detailed water management construction plans shall be submitted to and approved by the County Engineer prior to commencement of any constLuction. B. Appropriate easements to be granted to Collier County for maintenance of perimeter sw~le system. 5.5. SO~ID WASTE DISPOSAL: Such arrangement and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste col1~ction service to all areas of the project. 5.6. RECREATION fACIL:TIES: ^ minimum of three swimming pools and three tennis cou~ts s~)~ll be constru:ted by the project sponsor. Additional rccreRtional facilities may be constructed by the future residents of this project. 5.7. TRAFPIC: A. Thc projcct sponsor will provide to the appropriate governmental agency, an additional right-of-way of 17.5 fect along the south propcrty boundary line for future t"cad widening of Rattlesnake Ilam.moc}~ Road. D. Thc projcct sponsor agrces to construct a right and left turn storage l~ne on Rattlesnake lIarnrnock Hoad for traffic entering ShadowHood and to pay hts proportionate share of the costs of a traffic signal at the p~oject entrance when required by the appropriate governmental agency. C. ^ sidwalk shall be constructed on one side of the main entrance road into the project. -16- --_.~.~::---.,_ "-"_""'" -'......-..1"--____ ....?..L..__. ~OOI 015 pm 180 Agenda Item No. SA r~overnber 13, 2007 Page 133 of 147 S.B. UTILITIES: A. A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. E. All areas of the project shall be served by a central wastewater collection system and by an existing off-site waste water treatment plant. The existing plant shall be expanded as may be needed to meet the anticipated demands. Plans and D.E.R. permit applications for the sewage treatment plant shall be submitted to the Utility Division. C. The project sponsor agrees to comply with all applicable County laws and ordinances governing utility provisions and facilities. D. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. -17- .~. ,,~r ..~ 1 ....~,.. . ....' - --..- 'I~ ~... ...- "I ;l " . "T- ',; &OO~ 015 fACE 181 -'rn I , . fr. t fL',. 1:, ~ I ~1. IS i' :1 i;l 'I ;.c-= ,- ':::'~ :'~-7::.,', >r~ I /,~ :;'..-" ~- '-..." ""' . .~ .-- -' / v' ___ ~ _ ~._. , ! , U, -;-- -- -- -::,\.c ~ ~ \0,,\ .' I ',r-; , ' ' \ " ,,~'.~. """ >>~ ' 1 '4.: '::"::::::= ~~(\\~ J". U /\::::r'--\.,::>~ ~' .1'1 ,// ,r J? v" I \G:~\~ <;::'!)~, ,r, il I 0, "1_._ I /. \, : I . ". 'n ~ :J '/c".0//tJ,.' !,'! '/1\ ,_'1 i _, . ~'. > ;;. / C-..J/ -\;-;'); ::::"~.I '~J ',' '-,1,' ; '- 1/ ,-"! ''''', .~- :1- ". -- \\ \ " .tf/ ~ t-:)~,. ,. '~";;'I L~....: C~..r -, ~ ~ '.--; '~:/" J.' r':,,\ & . ~," I I "..r '. ", ~-.:'" 'I' '- ~, I u' '.~~ -..,_.~ I ,- I \ II .,~( '<~; -i.\ '";.-, '> . ,----~ ,1.,.......' .' ~ ~...J:> (,................... .. '. . ~ II f : . _\, ._~~"" . I i 'I ~>.- .,,1 . '."//':0= ,.'-;>'-: ... .. C'~ . "1 .... , ! ; j ..:;.... -............. t , I:tl .':'.r-~.. 'j (r 'III (' n~~~:~_ '. ~COK 015 PAGE 18~ ., ., ~ ! I ~ I : : ! I I 1 I , I ! I ( , , I ! ~.; \ 11- ,. , : ~~ ,f :1 ~ "",-'___l'- ~.~~ -:I~ E~.~ .s CD 'C"' --.:::; m~ .- ~ :u ~> ::-"',0 J"7 :J;" -- (' ---- QVOl:f )tJOl'iI'l.VH J>l'fNS31.llvt:! ----- ;~ ~ -< -c -c " , :t z: z z. :;j ~ ZD ",Z 0< IW "'-' <Il W< o a:>- '" <,.. 1-~V'lO:: ~~~~ ~~~~ ...J:::CU1 <OU ?;I--Cl~ ~Q~1--0 o~;:j~~ ~VJzt;:CJ I--<(-~(f) :::;;=::ig51-- ozz.u...Si a::::oO a:::: lI.-;::w~1-- OZJ:-O WWI--...JI-- >-1= a: 15<(vi~~ 53t5~~ wu...({i.........<( O::~S5:r: u;<GJ~U 4:uo:.:o>-- ~ ....JO::O:: z<::r:< ffi:S5~~ -o..-W:;:l I 1--:::"::0 CJffiCla:m UJt1~tn:r: - - f- i!=:L3~~ ~ :l " '" i1 ~ .. ~ .. B n;l o Hll; lu 0: e is j ID I ~ ; ~ 5 ~ ~ ~ "" ffi ' ~ ~ , ~~~~~ '" 0... U '" oll I I I a -c II> U t:> 1'5 ~ty~~ j!:: ~ ~ 1= ~ o => a. ~ ~ . iT .. z ::i " .. ~ m !i ~ ffi go ~ ~ o ~ w ~ o z ~i }:: i~! ;s p u n: at ~I;~ ~, ~~ ~ ~~F 0, 2:,' ;2~ :-.!, ol!~ ;'2.1' '" ., eY6 ! I . I i ! ; < ~!? o. o n w~ ~ o '" ... o <:; .... ;:: > UJ 0:: UJ ::l o <'> co N ....'<1' ....... '.... 0::0 <en... 'eno "'en- g-r-~ N ,.- ''OU) < ., .- o '-.! :J2cu 0..0..0 o ~ /;;',;19ndaJ'.2ITLl'j.D, .SA. i\JO\II;.lIT1Der "'r 3. 2CJUl Fi;:;,:O':' -:,}6 fjf 147 PUDA-2007-AR-11283' .- REV: 2 Project: 19990174 Date: 6111107 DUE: 7110107 TRIP GENERATION REPORT FOR SHADOWWOOD PUD AMENDMENT Prepared for: Wing South, [ne. Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-Il44 DECEMBER 2006 Revised June 6, 2007 ,>- . C. Dean Smith, P.E. FL 44147 G:\PROJ. PU\NNING DOCS\WSPl - SHADOW WOOD PUD\TIS\WSPlTIS.DOC WSPI /2..oenda Item 1\;0. 3ft. !\Jovember 13, 2007 Page 137 of 147 Table of Contents Table of Contents ...................................................................................................................................i List of Figures and Tables.....................................................................................................................i INTRODUCTION................................................................................................................................1 SCOPE................................................................................................................................................... 1 TRIP GENERA TION...........................................................................................................................1 DISCUSSION.......................................................................................................................................1 List of Figures and Tables T ABLE 1.................................................................................................................................................. 2 TABLE 2................................................................................................................................................2 TABLE 3................................................................................................................................................. 3 TABLE 4................................................................................................................................................ 3 TABLE 5................................................................................................................................................ 4 TABLE 6.................................................................................... ............................................................4 TABLE 7................................................................................................................................................ 5 TABLE 8................................................................................................................................................ 5 TABLE 9................................................................................................................................................ 6 TABLE 10.............................................................................................................................................. 6 TABLE I I..............................................................................................................................................7 TABLE 12..............................................................................................................................................7 FIGURE 1.............................................................................................................................................8 FIGURE 2 ............................................................................................................................................. 9 FIGURE 3 ...........................................................................................................................................10 FIGURE 4 ...........................................................................................................................................11 1 t.qenda IIsm No. E!A i'~ovemb2r '13, 20U7 Page "138 of 14? SHADOWWOOD PUD AMENDMENT INTRODUCTION The proposed Shadowwood PUD Amendment is for a l.Y8 acre swap from Tract C, Private Air Park, to Tract B, Single Family Residential. The proposed change would result in an increase in permitted single family residences from]] to 16. The existing 558 multi-family units will remain unchanged. The project is located on the north side of Rattlesnake-Hammock Road, approximately] mile west of Collier Boulevard in Section 16. Township 50 South, Range 26 East, Collier County, Florida. SCOPE The following analyses are included in this report: ]. Trip Generation Calculations (at buildout) presented for Peak Season Daily Tr~;;==1 (PSDT) including the respective peak hour volumes. 'UL II 2. Trip Distribution to surrounding roadway network. 3. Projected 2012 Traffic and Level of Service. TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers CITE) is used for trip generation calculations provided in this report. Please refer to Tables 1-12. The trip generation for the previously approved use is estimated to be 2,904 daily trips, 22] trip ends during the AM peak hour and 26] trip ends during the PM peak hour. The trip generation for the project including the proposed use is estimated to be 2,961 daily trips, 225 trip ends during the AM peak hour and 267 trip ends during the PM peak hour. This results in a net increase in trip generation of 57 daily trips, 4 trip ends during the AM peak hour and 6 trip ends during the PM peak hour for the proposed project. DISCUSSION Figures I through 4 summarize the projects impact on the adjacent roadway network. The projected background traffic volumes for Rattlesnake-Hanunock Road were based on a growth rate of 4%. This ,,'Towth rate was based on the growth on Rattlesnake-Hanunock Road east of County Barn Road since the segment adjacent to the project entrance was not counted due to construction. The project traffic is far less than 0.1 % ofthe service volume on the roadway. The project impacts are not significant on the surrounding roadway network. G,IPROJ, PLANNING DOCS\WSPI - SHADOW WOOD PlJDlTlS\WSPITIS.DOC WSPl l\osnda Item No _ SA I\TovemtJer 13. 2007 Pagq>1ig'/,q A7 Table 1 TOTAL DAILY PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDlVISON USE MULTI- F AMIL Y SINGLE FAMILY 210 Ln(T) = .85 Ln(X) + 2.55 J__:~~O= .92 Ln(~) + 2.71 TOTAL INCLUDING PROPOSED USES 558 DU 2,768 230 J1 DU 136 MULTI- FAMILY ~.__. SINGLE I FAMILY 230 2JO 558 DU Ln(T) = .85 Ln(X) + 2.55 2,768 -~;:~~- ~1~T)-=-92~.;;(X) I- 2;- --193 .-1 __ __~___ ______________________ .L_~__.______..J NET NEW TRIPS F'OR PROPOSED USES Table 2 ENTER/EXIT BREAKDOWN OF' DAILY TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY J\ger.aa item f\;o~ SA r'<JQvernoer "1.3, 2007 p;::t('rn1 ,~:-1 ''If '1.:~7 -'~lTa-ge':y ; .1 Table 3 TOTAL DAILY EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY MULTI-FAMILY SINGLE F AMIL Y 2,768 ~~--_._.~------ NET NEW TRIPS FOR PROPOSED USES 57 I 0% - --- -.--.. _._,__,_~~_L~_____-----,--___ Table 4 TOTAL DAILY EXTER,"'AL NON-I'ASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES -, MULTI-FAMILY SINGLE FAMILY Agenda \tern hLJ. iJA I\iovemt,er ': 3, 20UT POQfn~ 4.~ -f ~~,- , c,~ rage \4 ,', I Table 5 TOTAL AM PEAK HOUR PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDIVISON USE MULTI- FAMILY SINGLE F AMIL Y 230 558 DU Ln(T) = .8 Ln(X) + .26 204 210 IIDU T = .7(X) + 9.43 17 ~.,_.~._-~-~-'- -------~._"--_._-~_._---_. TOTAL INCLUDING PROPOSED USES MULTI- 1_ FAMILY I SINGLE I FAMILY ~___t_ 230 , 558 DU Ln(T) = .8 Ln(X) + .26 204 ~-----------"---I'-----~--------'----------~-~--- I 16DU T=.7(X) +9.43 21 _._.__~,__... ______...,.____._._...._._________._._____n____._..____..._._________._._______ ..._______MW____._._,_,_________._..__~'_~_._.___ 210 NET NEW TRIPS FOR PROPOSED USES Table 6 ENTER/EXIT BREAKDOWN OF TRIPS DURING AM PEAK HOUR PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY /:"penda !ISm I\J:). 2J'., i"JoV,:,?:nl0sr i 3. 2UU7 P"g'P1{g~::5'47 Table 7 TOTAL AM PEAK HOUR EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-F AMIL Y SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY 204 0% 204 ___ 21 -____J__Jl~_____ ~___~__ NET NEW TRIPS FOR PROPOSED USES Table 8 TOTAL AM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY AgenGa Item 1\10. Sf-\ November 13. 2007 p~" ,-,o,y ~ '7 , Dd'1'ageo ,-,. Table 9 TOTAL PM PEAK HOUR PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDlVISON USE MULT1- 230 558DU Ln(T) = .82 Ln(X) + 32 246 F AMIL Y 210 J -,-,~_...- SINGLE JIDU Ln(T) = .9 Ln(X) -+ .53 15 F AMIL Y ----- TOTAL INCLUDING PROPOSED USES I Ml!L TI- ';0 I 558 au I ~~t{ __l~ ;~ ~ ~~:_ _ =-~~?~J _- ~_' Ln(T) = .82 Ln(X) + .32 246 --.-.-- ----------t..-------.-.~---1 Ln(T) = .9 Ln(X) -I- .53 21 ----..------------- -----'---- _._~.~___._I NET NEW TRIPS FOR PROPOSED USES Table 10 ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES Agenda Item r-Jo. SA November 13, 2007 Pag"Pl'k~'" 147 Table 11 TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-F AMIL Y SINGLE FAMILY TOTAL INCLUDING PROPOSED USES NET NEW TRIPS FOR PROPOSED USES Table 12 TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY FIGURE 1 50% 2 (2) .. (<0.1%) 5D% 1 (2) (<0.1%) 50% 50% 2 2 (2) (2) ~ L w > ~ o >- <{ s: >- :,-: (f) L~D% (2) " 507; ~ (2) RATTLESNAKE-HAMMOCK ROAD LEGEND XX% PERCENT DISTRIBUTION DF PRDJECT TRAFFIC XX AM PEAK HOUR TRIPS (XX) PM PEAK HOUR TRIPS (XX%) PROJECT TRIPS AS % OF SERVICE VOLUME ~ PROJECT TRIP DISTRIBUTION ,i\genda item No. SA November 13. 2007 Page ,,,5 of 1,,7 ... 5D% 1 (2) (<D.l%) 50% 2 " (2) (<D.1%) Agenda Item No. SA I~ovember 13, 2007 Page 14-6 of 147 FIGURE 3 ~ w > ~ o >- <( S: >- '<: [f) .. 633 (263) [896) B 633 (263) [896] B ... RA TTLESNAKE-HAMMOCK ROAD LEGEND XX PEAK HOUR PEAK DIRECTION TRAFFIC (xx) TRIP BANK [XX] TOTAL VOLUME LOS LEVEL OF SERVICE NOTE: COMPOUND GROWTH RATE OF 4% USED FOR PROJECTION BASED ON 2006 TRAFFIC COUNT DATA 2012 BACKGROUND TRAFFIC Agenda Item No. 8/\ I~ovember 13, 2007 Page 147 of 147 FIGURE 4 ~ w > 0:: o >- <{ 5: >- '" (f) 633 (263) ... ((2)) [898] B 633 (263) ((2)) [898] B .. RA TTLESNAKE -HAMMOCK ROAD LEGEND XX PEAK HOUR PEAK DIRECTION TRAFFIC (XX) TRIP BANK ((XX)) PROJECT TRAFFIC [XX] TOTAL VOLUME LOS LEVEL OF SERVICE NOTE: COMPOUND GROWTH RATE OF 4% USED FOR PROJECTION BASED ON 2006 TRAFFIC COUNT DATA 2012 TRAFFIC WITH PROJECT INCLUDED Agenda Item No. 88 November 13. 2007 Page 1 of 139 EXECUTIVE SUMMARY PUDZ-A-2006-AR-9374, Naples Reserve, LLC represented by Dwight Nadeau of RW A Inc. and Richard D. Yovanovich, Esquire, is requesting a rezone from a Planned Unit Development (PUD) to a Residential Planned Unit Development (RPUD) for a project known as the Naples Reserve Golf Club RPUD in order to add 602 units to the previously approved maximum of 552 units, for a total of 1,154 residential units, eliminating the commercial acreage and 18 holes of the 36 hole golf course, for property located one mile north of Tamiami Trail East (US-41) and 11/2 miles East of Collier Boulevard (CR 951) at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCe) consider a PUD to PUD rezone as noted above, and to ensure the project is in harmony with all the applicable codes and regulations in order to make certain that the community's interests are maintained. CONSIDERATIONS: The Petitioner proposes a PUD to RPUD rezone in order to add 602 units to the presently approved maximum of 552 units to 1,154 dwelling units on 688 * acres. The gross project density would be increased from 0.8 units per acre to a maximum of 1.677 dwelling units per acre. The existing PUD was approved on .June 8, 1999 by Ordinance 99-42 consisting of 688 acres, with 3.50 acres of commercial use, a 36-ho1e golf course, and 552 residential units. The commercial acreage and 18 holes of the 36-hole golf course of the existing PUD would be eliminated in tile current proposal. Also, the Residential Development Standards have been revised. 1n the current proposal for single family detached dwellings, the minimum front yard setback has been reduced by five feet from 25 feet to 20 feet. The minimum rear yard setback has been reduced by five feet from 20 feet to 15 feet. The maximum zoned building heights have been reduced by 10 feet from 35 feet to 25 feet. The minimum lot area has been reduced by 3,750 square feet from 6,000 square feet to 2,250 square feet. The distance between structures was increased by 12 feet from 0 feet to 12 feet, and the minimum lot width has been reduced by 20 feet from 60 feet to 40 feet. Residential Development Standards ..'- Sin!!le Familv Dwellinus Development Standards Existing Proposed Minimum Front Yard 75' 20' Minimum Rear Yard 20' 15' Max. Zoned Building Height 35' 25' Minimum Lot Area 6,000 SF 2,250 SF Distance Between Structures (J' 12' Minimum Lot Width 60' 40' PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 1 of8 Agenda Item 1\10. SB November 13. 2007 Page 2 of 139 For multi-family dwellings, minimum lot widths were reduced by 125 feet from 150 feet to 25 feet. Maximum building heights were increased by 25 feet from 50 feet to 75 feet. Minimum floor areas were increased by 400 square feet from 600 square feet to 1,000 square feet, and the calculation for the distance between structures was changed from one-half the sum of the building heights to 20 feet or one-half the sum of the building height. Multi-familv Dwellings Development Standards Existing Proposed Minimum Lot Width 150' 25' Max. Zoned Building Heights 50' 75' Minimum Floor Areas 600 SF 1,000 SF Distance Between Structures 0.5 SBH 20' or Y2 the sum ofBH The Naples Reserve PUD sunsetted on June 8, 2004. The petitioner requested a PUD zoning extension, which was approved by the BCC on June 22, 2004 with the adoption of Resolution No. 04-219. The extension simultaneously granted two 2-year extensions from June 8, 2004 to June 8, 2008. FISCAL IMPACT: The PUD rezone amendment by 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 PUD rezone amendment is approved, a pOltion of the land could be developed. The County collects impact fees prior to the issuance of building pern1its to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (OMP) 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 pennit 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 Collier County Planning Commission (CCPC) to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property has two land-use designations: 310.94 cr acres is designated Urban (Urban- Mixed Use District, Residential Fringe Subdistrict) and the remaining 377.16 cr acres is designated Agricultural/Rural (Rural Fringe Mixed Use District, Receiving Lands), as identified on the Future Land Use Map of the Growth Management Plan. PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 2 of 8 lI.genda Item No. 88 November 13, 2007 Page 3 of 139 Relevant to this petitIOn, the Urban Residential Fringe Subdistrict pennits residential development at a maximum density of 1.5 dwelling units per acre or up to 2.5 dwelling units per acre via the transfer of up to I dwelling unit per acre from lands designated as Rural Fringe Mixed Use District, Sending. The base residential density allowable for designated Receiving Lands is one unit per five gross acres, with a maximum density of one unit per gross acre achievable through the Transfer of Development Rights (TOR) process. This petition relies on multiple provisions in the Future Land Use Element to achieve consistency. The portion of the project located within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) designated area is eligible for a density of 2.5 dwelling units per acre or 777.35 dwelling units, and the portion of the project located within the Agricultural/Rural designation is eligible for a density of I dwelling unit per acre or 377.16 dwelling units. (TDRs from lands designated Sending are required in order to achieve these maximum densities.) Based upon staffs analysis, the proposed uses and densities may be deemed consistent with the Future Land Use Element. AFFORDABLE HOUSING IMPACT: At the October 18, 2007 Collier County Planning Commission meeting, the Developer's agent on behalf of the developer voluntarily agreed to pay the sum of fifty cents ($0.50) for each square foot of commercial development constructed on the property or $1,000 per residential dwelling unit. Said payment(s) shall be made to the County Affordable Housing Trust Fund prior to the issuance of a Celiificatc of Occupancy. The payment(s) shall be credited against the project's obligations to pay any other affordable housing fees that may be adopted by the County. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed this petition, and has recommended approval. ENVIRONMENTAL ADVISORV COUNCIL (EAC) RECOMMENDATION: The EAC heard the petition on May 7, 2006 and July Ii, 2007, and voted to recommend to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval subject to the following condition, which has been incorporated into the RPUD document. 171e Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summwy on the RPUD Master Plan. PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 3 of8 Agenda liem No. 8B November 13, 2007 Page 4 of 139 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-A-2006-AR-9374 on October 18,2007 and by a vote of 6 in favor and 2 opposed recommended to. forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: Recommended revisions: 1. For commercial excavations surplus fill material generated by commercial excavation depths may be transported off-site only for use in the US-41 improvement project associated with this zoning approval; 2. Exhibit B - Residential Development Standards: Table I, Residential Development Standards shall be revised to reflect the following: (a) For "Single Family Detached" dwellings, the minimum lot width shall be 40 feet. (b) For "Patio Homes and Villas", the maximum lot width shall be 25 feet, and the minimum floor area shall be 1,000 square feet. (c) For "Multi-family" dwellings, the minimum side yard shall be 1 0 feet, and the minimum distance shall be 20 feet or VI the sum of the building heights. (d) BH = Building Height - unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. 3. Exhibit B - Foot note #2 shall be deleted. Foot note #6 shall be added: Notes: 6) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 4. Exhibit C - Master Plan - Note #1 shall be dclcted. 5. Exhibit E - CCPC Recommended Deviation: a. Deviation #4 seeks relief from Section III, Exhibit "A", Design Requirements of Subdivisions C.13.f. of the Administrative Code for Collier County Construction Standards Manual adopted thTough Ordinance Number 2004-66, limits cul-de-sac lengths to 1,000 feet or less. This RUD may have cul-de-sacs with lengths greater than 1,000 feet. The RPUD lands are relatively without topographic relief, so greater sight distances would allow longer dead-end streets without jeopardizing the safety of the futme residents. Further, the turning radii of the terminal cul-de- sacs will meet or exceed applicable County and National Fire Protection Association requirements. 6. Exhibit F - List of Developer Commitments PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 4 of8 Agenda Item No. 8B November 13, 2007 Page 5 of 139 Transportation . Eliminate redundant stipulations, and add stipulation "I". Utilities and En!!ineerinl! . Letter A shall be substituted for the fo llowing language "10/15/07 Update: A. The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District for raw water well easements 'With dimensions 1 DO-foot by 1001'oot each, and utility/access easements that shall he 20 feet l1ide unless the well site is contiguous to a public right of way. The approximate locations o( these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well sites. At the time o( the SDP and/or plat submittal, the developer shall provide the well site easements that meet the standard sethack requirements for water wells. If the surface water management lakes fiJI' the suhdivision are installed prior to the installation of production wellsfor the SERWTP Wellfield. anticipatedfor 2012, a setback of 50 feet shall be required. If the sUlface water management lakes are installed after the production wells a 300- foot setback shall he required. The County has fitrther requested a test well at one of the proposed well sites. T7le County agrees that the desired test well will not be converted into a production well until the water management lake proposed near the test well is constructed in accordance 'With the 50.(00t setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2012, whichever is earlier. 7. The CCPC accepted the Developer Contribution Agreement (DCA) between the transportation planning staff and the applicant. (See Exhibit "XX") LEGAL CONSIDERA nONS: This is a site specific rezone from the Planned Unit Development Zoning District to the Residential Planned Unit Development Zoning District for a project known as Naples Reserve Golf Club RPUD. Site specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or PUDZ-A-2006-AR-9374. Naples Reserve Golf Club RPlJD Page 5 of8 Agenda item No. 88 Novernb9r 13, 2001 Page 6 of 139 unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following que.~tions. The answers assist you in making a determination for approval or not. I. 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 be made only after consultation >>ith 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 buffeJing and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? ,.".," PUDZ-A-2006-AR-9374. Naples Reserve Golf Club RPUD Page 6 of8 Aoenda ltem No. 88 N-ovember 13, 2007 Page 7 Df 139 II. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change crcate 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 m 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 pemlitting such use. 24. Consider: The physical charactelistics of the property and the degree of site alteration which would be required to make the property usable for any of the range ofpotential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and ,.." PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 7 of 8 Agenda Item ND. 88 ~~ovember 13, 2007 Page 8 of 139 implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfarc? 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 BCC hearing as these items relate to these criteria. (MMSS) RECOMMENDA nON: Staff recommends that Petition PUDZ-A-2006-AR-9374 be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval subject to the recommendations of staff and the Collier County Planning Commission. PREPARED BY: Willie Brown, AICP, Principal Planner Department of Zoning and Land Development Review PUDZ-A-2006-AR-9374, Naples Reserve Golf Club RPUD Page 8 of 8 Item Number: Item Summary: Meeting Date: Page 1 of 1 Aqenda item No. fiB ~bvernber 13. 2007 Page (J 01139 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This item reqUires that all parlicipantsbF sworn in and ex parte dlsciosure be provided by Commission membersPUDl-A-2006-AR.9374 Naples Reserve, LLC, represented by DWight Nadeau, oj RWA, Inc and Richard D Yovancvich, of Goodielte, Coleman & Johnson, P_A requesting a rezone from a Planned Unit Development (pUDI to a Resldel1iial Plar1ned Ur1it Development IRPUD) tor a project kr.own as the ~japles Reserve Golf Ciub RPUD ,n order to add 130;:: units Wthe previously approved rnaximum cf 552 units. loratotai of115~ resl<:ieniial units, ellmillatrng the cornmerClal acreage and 18holE;S of the 36 hole golfcaurse. The $utlject property, GonsistlTlgof688.1 acres, is located one miie north ofUSA1 alld 11/2 miles east 01 CR 951 at 10097 Greenway Road, in Section 1, Township 51 South, Range 26 last, Collier County, Florida (Con1paniOIl to Ilem 10C) 11113/2007 S.OOOi),A.M Principal Planner Date Prepared By Willie Brown Community Development & EnvironmentlllServices Zoning & Land Development Review 111/231200712:0023PM Approved By MPODirector D~te NickCasalanguidll Tran5portationSarvices Tr~nsportation Planning 10128120071Z:27PM Marlene Stewart Executive Secretary Date Approved By Community Development. & Environmental Services Community Development & Environment.., Services Admin 11111Z01171Zc33PM r~orm E. Feder. Alep TransportatlonDivisionl,dminislrator Date Approved By TransportationSerlflCCS Tran;:;portatlonServi(:esAamin ,1111200712:54PM Susan Murray, AIC? Zoning & llmd Deveiopment Director Dilte Approved Uy Community Deveiopment & Environmental Services Zoning & Land [)evelopmcn\ ReView 111"1IZC07;;;Z4PM Approved By JosephK, Schmitt Community Dev"lopmer:t & Environmental Services Community Deveiupment & Environn,ent:lIServlcesAdminstrator Date Community Development & Environmental Services Admin. 1111i21107'3:01 PM Ra)'S"lIow$ Chief PI,mncr [late Approved By Community Development & EnvironmentatServices Zoning & Land Development Review 11/212007 JA8 PM Date Approved By Marjorie tk Studem-Stirling Assistant County Attorney 11161201174:31 PM Appro\'edBy County Attorney County Attorney Office Randy Greenwald /tanngementlBlJdgetAnaiyst Date County Manager's Office Office of Managernent & Budget 11iGI20Q7!l:16PM Mark Isackson Budget Analyst Date Approved By County Manager's Olfice OfliceOf Mamlgement& Budget 1116120075:33 PM ApproveliBy JamesV. Mudd Board of County Commissioner; County Man..ger Date County Manager's Office 1117/2007 ~ :37 PM filp.flr.\Aopnrl"Tp"j\F"nnrt\Q'LNnvpmnpr%?fl] i %?()?()()7\())I; OJ,,?OA nVJ=:RTTs.FnOj,,')()PI ] 1117n()()7 Agenda Item No. 88 November 13, 2007 Page 10 of 139 Co1ff~r County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 18,2007 SUBJECT: PETITION PUDZ-A-2006-AR-9374, NAPLES RESERVE RPUD AGENT/APPLICANT: Applicant: Naples Reserve, LLC Anthony Salce, Jr., Managing Member Gulfcoast Development Group, LC 515 Terracina Way Naples, FL 34119-4747 Agent: Dwight Nadeau, Manager RWA,INC. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Richard D. Yovanovich, ESQ. Goodlette, Coleman & Johnson 4001 Tamiami Trail, North Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner is requesting a rezone from a Planned Unit Development (PUD) to an RPUD for a Residential Planned Unit Development to be known as the Naples Reserve RPUD. GEOGRAPHIC LOCATION: The subject PUD is located approximately one mile north of US-41 and one and a half (1 Y2) miles east of CR-95l in all of Section 1, Township 51 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The Petitioner proposes a PUD to RPUD rezone in order to add 602 units to the presently approved maximum of 552 units to 1,154 dwelling units on c!c 688 acres. The gross project density would be PUDZ-A-2006-AR-9374, Naples Reserve RPUD z " 1,1-- ~5 C 1 , ; \ !!rlmml!!!!lll ~~.~::;n:;;;.: i: :< ,; ill ;l~':::< ,: i::"\!:!lil:~J lliii!i,II!I'll'[ :;'jl:!~ !~tl(; l; : :~ iiil'~'!iMli:i ...,.......,."".,. :i:~(' (: :;! :!:!:::( ,,>.,....,.<"." il:lmil1111\!\\li jlm~;i;!;i!:li:i1 .. I "< ::r;O -.I'c --j [ 8- ~ I ! ^ , J " .. ~.'''' ".f " . " ~ Iii I '_- ::Fi ~(. , t!i ..:;1'-- ~.'JI.,:_ ":'"40,( on ., ~'lf.~ " ; . , ~, ,. ., 1;. ~"", 'J: . :~ :~<~:: ,.; :l :;~'!1!%HU :f :~:i~~n:;:; ::;:i:iCi::i; ""'''-'-.,,,,, :!lll')I'I,I!I'1 ::~ };:;i ;;: ;:: :; ;i~ ~:::~:~;~~;~; 11i ;j;;liH~:~: i!l!l!mmm\ i;~ ~;;;~ ;<; <<I <; ill!!l!!,I!!l!i! "if;'''!'f'' !:!:ltjii,!\i1iil -;~ ( '. ... f) ) '. -' I . ~tr __/"r "I;)~ \ c_......\... 11'1"," ; ~.'i.. -~',r" f0t;r~Yl;\~h-' '<~ ,! ~'1~~ ,:'1;%>~., \ ,I l.ti I;o;,;! I, tullitmJj .~..,.:\. ...J r1n,IlIIlf'~ -- .---::;... ~$~~- d~/i! 'L -+- I 'j c- /1?f;~.j'~~ h' .!~ ~/~ I/ei. /' < J' I- 1'-.' ,~~ ;<< ot:<-." ~Rlf~ ,~" '"1~' ;f r;/Z"J"'''' .. u.~. " /j-j ~~ 1;;:>=.-~":'_- ~. I ,~~~ f ~ --::i,.,..".".....,,,::- ---+,- Vicinity Map PUDZ-A-2006-AR-9374, Naples Reserve RPUD 2 !I, IiI" !~ " nIT , i. i' i I 0'", ~/ 'j' ( c I~-'" ( '-...... \-. ........ .~) ::.:.-' ,I .... ' J . '-~:;~I;~~ ~<'i:i. ;" - ~~ '] ~ !/li --II" ) _~:ii-;-_:'-- Agenda Item No. 88 November 13, 2007 Page 11 of 139 0... <( ~ W ?- m , ~ ~ ~ ~ < ~ ~ ~ ~ i' ~ . ~ z Q . 1 CI... <( ~ z o I- 4: () o ...J Acenda item No. 38 NOVenl[!8!" 13, 2007 i="Cl'ge 12 of 139 Conceptual Master Plan 3 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 13 of 139 increased from 1.50 units per acre to a maximum of 1.677 dwelling units per acre. The existing PUD was approved on June 8, 1999 by Ordinance 99-42 consisting of 688 acres, with 3.50 acres of commercial use, a 36 hole golf course, and 552 residential units. The commercial acreage and 18 holes of the 36 hole golf course of the existing PUD would be eliminated in the current proposal. Naples Reserve PUD sun-setted on June 8, 2004. The petitioner requested a PUD zoning extension, which was approved by the BCC on June 22. 2004 with the adoption of Resolution No. 04-219. The extension simultaneously granted two 2-year extensions from June 8, 2004 - the date of PUD expiration - to June 8, 2008. SURROUNDING LAND USE AND ZONING: Subject Parcel: Partially used for agricultural actIVItIes and the remainder is undeveloped acreage; zoned Naples Reserve Golf Club PUD Surrounding- North: Picayune Strand State Forest, zoned Rural Agricultural (A) East: Agricultural croplands and undeveloped, zoned Rural Agricultural (A) South: Single-family residence, undeveloped woodlands, then mobile homes; zoned Walnut Lakes PUD, Rural Agricultural (A), then Regal Acres RPUD, and Mobile Home (Mf!) West: Undeveloped woodlands, zoned Winding Cypress DRI ~ -. ~( t \; \\_.1"', \ X) .' x >: PUD"rn ~~tI:'i~,[l:llIfWl' i "- ''\ " \ \ j I I PUD'~ UI~.tl;~[5IJ!d;f:U[.::uJ1 / "'E 5 i \ x /) , i .' .....___'______> 1 Zoning Map 4 PUDZ-A-2006-AR-9374, Naples Reserve RPUD l-\genda Item [\lo. ,sa r,ovember 13. 2007 Page 140f139 Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property has two land-use designations: 310.94:,: acres is designated Urban (Urban- Mixed Use District, Residential Fringe Subdistrict) and the remaining 377.16:,: acres is designated Agricultural/Rural (Rural Fringe Mixed U.e District, Receiving Lands), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Residential Fringe Subdistrict pemlits residential development at a maximum density of 1.5 dwelling units per acre or up to 2.5 dwelling units per aere via the transfer of up to I dwelling unit per acre from lands designated as Rural Fringe Mixed Use District, Sending. The base residential density allowable for designated Receiving Lands is one unit per five gross acres, with a maximum density of one unit per gross acre achievable through the Transfer of Development Rights (TOR) process. This pctition relies on multiple provisions in the Future Land Use Element to achieve consistency. The portion of the project loeated within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) designated area is eligible for a density of 2.5 dwelling units per acre or 777.35 dwelling units and the portion of the project located within the Agricultural/Rural designation is eligible for a density of I dwelling unit per acre or 377.16 dwelling units. (TORs from lands designated Sending are required in order to achieve these maximum densities.) Analysis of Residential Densitv 1. Review of the portion of the project located within the Urban designated area: Maximum Density TDRs from Sending Lands located w/in 1 mile of Urban Area 1.5 DU/A x 310.94 acres ~ 466.41 DUs + 1 TDRiA (1 DU/A) x 310.94 acres ~31 0.94 DUs 5 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 15 of 139 Total 2.5 DU/A or 777.35 DUs ('Note: Tbis project employs the Density Blending provision of the FLUE. Therefore, project density may be distributed throughout the entire project.) 2. Review of the portion of the project located within the Agricultural/Rural designated area: TDRs from Sending Lands (max. density I DU/ A w/in Ag/Rural) Total Eligible Density 1 DU/5Ac. x 377.16 acres ~ 75.43 DUs (.2 DUs) + .8TDRs x 377.16acres~301.728DUs IDU/A X 377.16 acres = 377.16 DUs Base Density 1.677 DU/A X 688.1 acres = 1153.9 DUs (or 1154 DUs) Based upon the above analysis, the portion of the project located within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) designated area is eligible for a density of 2.5 DU/ A or 777.35 DUs and the portion of the project located within the Agricultural/Rural designation is eligible for a density of I DU/A or 377.16 DUs. (TORs from lands designated Sending are required in order to achieve these maximum densities.) 3. Requested Project Density: The requested project density of 1.67 dwelling units per acre or 1,154 dwelling units may be achieved as calculated above and distributed throughout the project acreage via the Density Blending provision in the FLUE. This project straddles the Urban Mixed Use and Rural Fringe Mixed Use District, Receiving Lands. As such the "Density Blending" provision of the GMP intended to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. A portion of this project is located within the Urban Residential Fringe Subdistrict. As such is to provide transitional densities between the Urban Designated Area and the Agrieultural/Rural Area and may be allowed a maximum residential density of 1.5 units per gross aere. The project is required to provide a Transfer of Development Rights. The primary purpose of the TOR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transfen'ed from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map. The base residential density allowable for designated Receiving Lands is one (I) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TOR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blending provisions. Dwelling units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). The petitioner is not requesting additional density above the maximum density allowed; IOU/A. 6 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Aoenda Item No. 88 N-ovember 13. 2007 Page 16 of 139 The PUD Document limits the maximum lot size for single-family detached dwelling units to I acre. The majority of the project development is within the Receiving area, which has been previously cleared. The native vegetation is located within the urban portion of the project which is proposed for preservation, as identified in the PUD Document and Master Plan. Comprehensive Planning staff defers to Environmental Services staff for project consistency with this provision. The total project is 688 :1: acres; 310.94:1: acres within the Urban Residential Fringe Subdistrict and 377.16:1: acres within the Agricultural/Rural, RMFUD District, Receiving Lands. The minimum open space requirement of 70 percent for the portion of the project located within the RFMUD, Receiving Lands is identified in the PUD Document and Master Plan. Specific compliance will be determined during Plat and SOP review. Refer to the "Analysis of Density Blending Provision" above. (The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated upon and apply to the total project area.) Comprehensive Planning staff defers to Environmental Services staff for project consistency with CCME Policies. Based upon the above analysis, staff concludes that the proposed uses and density may be deemed consistent with the Future Land Use Element. Open Space/Conservation: Within Receiving Lands, projects greater than 40 acres in size shall provide a minimum of 70 percent usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. The minimum open space requirement of 70 percent for the portion of the project located within the RFMUD, Receiving Lands is identified in the PUD Document and Master Plan. Specific compliance will be determined during Plat and SDP review. Transportation Element: The Traffic Impact Statement (Exhibit "C") indicates that the proposed amendment will result in 3,890 additional daily trips. The 20]2 planning and review horizon year shows capacity is available. Transportation staff has found that this development proposal is consistent with Policy 5.] of the Transportation Element of the Growth Management Plan. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These eriteria are specifically noted in Section ]0.02.13 and Section 10.02.13.8.5 ofthe Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also uses these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a detemlination of compliance, non-compliance, or complianee with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). 7 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 17 of 139 Transportation Analysis: Transportation staff has reviewed this petition, and recommends approval subject to the Transportation commitments provided in Exhibit F to the Ordinance. Affordable Housing Impact Analysis: The developer has not committed to the construct of any dwelling units as GAP and workforce housing units. Environmental Analysis: Environmental Services staff has reviewed this petJtlOn, and has recommended approval. The EAC met regarding this petition on May 7,2006 and July II, 2007 and voted to Support the applicant's petition subject to the following condition: The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on the RPUD Master Plan. Stormwater Management Engineering Analvsis: Engineering staff has reviewed this petition, and recommends approval subject to the attached "conditions of approval". Utilitv Analysis: Public Utilities staff has reviewed this petition, and recommends approval subject to the following condition, which differs from Developer's Commitments made in Exhibit F: The developer shall reserve fiJUr areas to be dedicated to Collier County Water & Sewer District for raw water well easements with dimensions 100' x 100' each, and utility/access easements should be 20' 'Wide unless the well site is contiguous to a public right of way. 771C approximate locations of these easements are depicted on the PUD Master Plan. The dedication shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well sites. At the time of the SDP and/or Plat submittal, the developers shall provide the well site easements that meet the standard setback requirements for water wells. If the swface water management lakes for the subdivision are installed prior to the installation of production welLl-j'or the SERWTP Wellfield, anticipated to begin no earlier than 2012, a setback 0['50 feet will be required. lfthe swface water management lakes are installed after the production wells a 300 ftJOt setback will be required. The County has filrther requested a test well at one of the proposed well sites. An agreement for the installation of the desired test well has been crafted such that the County would not convert the test well into a production well until the water management lake proposed near the test well is constructed in accordance with the 50 foot setback standard. Final/v. the COU/ltv ackl1{mledgcs that /10 production wells l,vill he installed 011 tlte dcdicu/cd li-'cIl.\itcs un/i! the pnde::.:t Haler i'iwll((gcmcl1{ lakes have been constructed, or untit the year JOJ 2.1Vhiclu'hT is thejirst to oe'Clfr. Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy 0 f transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning 8 PUDZ-A-2006-AR-9374, Naples Reserve RPUD AceriC8 r~e;m I'\jo 32 November 13, 2007 Page 18 of 139 action to the Future Land Use Element (FLUE) of the GMP. The subject property is designated Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district permits residential uses, as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the FLUE, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject property is located in the Rural Agricultural (A) district. Presently, the subject property has been altered extensively through past plant nursery uses, and currently contains an accessory building and a single-family structure. Immediately to the north of the subject property is undeveloped woodlands. LIST OF REOUESTED DEVIATIONS FROM LDC Deviation Discussion: The petitioner is seeking four deviations as identified in Exhibit E of the PUD Document. The petitioner has provided justification in support of the deviations. Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC Appendix B, Typical Street Section, B-2 and B-3, and Section 1Il, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinanee No. 2004-66 that requires 60 feet, to allow 50 feet. A 50-foot right-of-way is permitted in this RPUD to provide for flexibility in development design, subjeet to providing easements for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. All platted project streets shall have a minimum 50-foot right-of:way. Deviation I from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de- sac and local streets respectively, and Section III, Exhibit "A", Design Requiremcnts for Subdivisions C.l3.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exhibit C. RPUD Master Plan). These streets shall be private. and shall be classified as local streets. Staff is supportive of deviation No.1 with the stipulation that the streets shall remain private. The proposed interior roadway system is pril'lltely maintained. Staff, therefore, finds the deviation in compliance with LDC Section IO.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the cOlltmunity. " Deviation #2 seeks relieffrom Section Ill. Exhibit "A", Design Rcquirements of Subdivisions C.l3.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Nunlber 2004-66, that requires tangents to he provided between reverse curves on all streets. This RPUD will not require tangents between reverse curves in order to provide greater subdivision design flexibility. All internal roads within the RPUD will be private, and have low posted speed limits, and will have a curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat tenain found on site does not warrant the need for tangents. This is a reasonable deviation that has been applied throughout the County, and does not comprise a risk to public health, safety and welfare. 9 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 19 of 139 Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 from Section III. Exhibit "A". Design Requirements for Subdivisions C.B.i. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. Staff is supportive of deviation No.2. The proposed roads would be private residential roads with limited speeds, not requiring larger tangents which are provided jilr public rights-aI-way with greater traffic, increased speeds, and larger vehicles. Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. In an effort to provide a variety of residence styles and floor plans within the development, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. This deviation is appropriate, and does not negatively affeet the health and safety, or welfare of the future residents of the development. The Naples Reserve RPUD may have one model home representing each type ofresidential product. The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. Staff is supp011ive of deviation No.3. The proposed PUD, if approved, will aI/ow for a maximum of 1,154 dwelling units. The PUD al/ows for a mix of dwelling types and includes: single-, two- or - multi-family residential units. In an effort to provide a variety of residence styles and floor plans within the development, it is essential to provide a greater number of model home types to provide the home buyer an opportunity to see the ereativity o.f the arehitecture proposed in a development. T7Jerefore, one model home representing each type of residential product is not an unreasonable request. This deviation has been accepted as an alternative aI/owed in several PUD zoned projects, and the petitioner's reasoning appears sound. Zonin!! and Land Development Review staff has reviewed the deviation and recommends approval as limited in PUD Section 2.7.B, findinz that, in eompliance with LDe Section 10.02.J3.A.3, the petitioner has demonstrated that "the clement mav be waived without a detrimental effect on the health, sa(e/v and welfare of the comnllmitv." Deviation #4 seeks relief from LDC Subsection 5.06.02.A.l.a. where the maximum allowable height of signage is eight feet. The subject property is separated from the primary access point on U.S. 41 by approximately 0.45 miles. In an effort to provide a visual landmark to identify the project from that distance, the RPUD Document provides for entry features that may include clock towers, monumentation, and/or colonnades that may be up to fifty feet in height. This deviation provides for project identification signage, not exceeding the area provided for by the LDC, that may be attached to the entry feature, but may not exceed the height of the entry feature. At the discretion of the developer, project identification signs may be associated with the entrance feature, but may not exceed the height of the entrance feature. Deviation 4 from subsection 5.06.02.A. ] .a. where the maximum allowable height of signage is eight feet. Staff is not supportive of deviation No.4. Signs attached to entry features up to 50 feet in height have not been approved for other PUDs. On-premise residential signs are subject to LDC, Section 5.06.02.A.6, which states that, ". . . two ground signs with a maximum height of eight feet, or wall 10 PUDZ-A-2006-AR-9374, Naples Reserve RPUD ,Agenda !tem i~o. 8B November 13. 2007 Page 20 of 139 residential entrance, or gate signs may be located at each entrance subject to criteria a - c" limiting also sign area to a combined 64 square feet. The petitioner cites as examples Summit Lakes RPUD, Wentworth PUD, and Treviso Bay where signs associated with entry features have been approved up to 50 feet in height. Consequently, the Summit Lakes PUD only allows for entrance features such as clock towers and colonnades associated with a barrier berm or privacy fence limiting height to no greater than 50 feet; not signage. The WentwOlih PUD allows "Entrance signs" which may not exceed heights of 8 feet above the finished ground level, which is consistent with LDC - Section 6.02.A5. Also, Traviso Bay is a mixed-use project within the Bayshore overlay district, which is several miles from the subject property. Thus, approving this language within the Naples Reserve PUD, the Commission would be establishing a precedent. Therefore, staff feels this deviation is not suitable for a waiver from the literal application of this subsection of the LDC. This is not a biIlboard sign in a commercia] area. NEIGHBORHOOD INFORMA nON MEETING (NIM): The developer's agent duly noticed and conducted a NIM on March 27, 2007 at 5:30 pm at the Comfort Inn conference room. Fifteen people, the applicant, his team, and county staff attended. A brief overview was presented by Mr. Dwight Nadeau, representing Mr. Anthony Salce. The discussion highlights are as follows: . The type of product intended for this project is single and multifamily life-style community dwelling units. . Naples Reserve Blvd. via US-41 E would be the primary route of access with possible interconnection between Winding Cypress PUD and/or Greenway Road. . Primary construction access would be off of Naples Reserve Blvd. . Proposed building heights would range from 35 to 75 feet. . Overcast lighting is not a concern as there is a 30 foot vegetative buffer on site between Reflection Lakes and a 30 foot vegetative hutTer between Walnut Lakes. . There is a total of 63 acres of native preserves on site most of which is adjacent to Reflection Lakes . Storm-water drainage to US-41 canal . Utilities would be provided by Collier County water and sewer; well site easements for potable water in future . Buildout is anticipated in 4 to 5 years of development order approval of the proposal. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-A-2006-AR-9374 to the Board of County Commissioners (BCC), with the exception of deviation #4, subject to the attaehed exhibit: Staff Report Exhibits: Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings Exhibit "C" - Traffic Impact Statement Exhibit "0" - EAC Staff Report 11 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 21 of 139 PREPARED BY: WILLIE BROWN, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MAJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK. P. STRAIN, CHAIRMAN REZONE FINDINGS PETITION PUDZ-A-2006-AR-9374, Naples Reserve Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the PI arming 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: 12 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item r.o. 88 November 13, 2007 Page 22 of 139 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. Pro: The subject property is located within the Urhan (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Specific development requirements are established in the GMP, and the RPUD Application contains appropriate references assuring compliance with the provisions of the FLUE. Con: The loss of 18 holes of the 36 hole golf course and commercial acreage for residents may be unappealing; however, this is an RPUD, and the change is consistent with the intent of the RPUD zone district of the original PUD.. Findings: Based on staffs review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staff report show the Naples Reserve RPUD site is located between existing developed Walnut Lakes PUD and Regal Acres RPUD as well as the developing Winding Cypress DR!. Housing will be located where adequate infrastructure and services are available. The proposed amendment is consistent with the Future Land Use designation for this area. Con: The petitioner proposes residential uses that are at a higher density than adjoining residential land uses. Findings: Staff believes that the petition has provided adequate anleliorating factors to offset the adverse impacts from the proposed land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The parcel is of sufficient size that will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Review staff indicates that because the applicable adequate public facilitics either cxist or will be provided and that the petitioner is willing to phase the star( and approval of the development upon the completion of critical facilities, the amendment will not create an isolated district Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a residential district which is compatible with the adjacent and nearby zoning districts. 13 PUDZ-A-2006~AR-93741 Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 23 of 139 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site would adjoin US 41 via proposed Naples Reserve Boulevard. The subject site basically fits within an area that is undeveloped. Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because it does not change the proposed long range land use designation. Con: The proposed petition was a voluntary action by the petitioner's selection of the subject property. This site requires the BCC to make a finding that the project is consistent with the GMP and LDC. Findings: The proposed Naples Reserve RPUD is compatible with adjacent land uses due to the ameliorating element provided through wall and landscaping buffering along the north, east, and southern boundaries of the residential development area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current land use policies m the FLUE support the action to encourage a variety of housing types. Con: Additional traffic may be an issue for existing residents. Findings: The proposed Naples Reserve RPUD is compatible with adjacent land uses and consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 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. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth 14 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Acenda i:-2m r....o. ,::;8 N~overnber 13. 2007 P?Jge 24 of 139 Management Plan Transportation Element. The project is located east of Tamiami Trail (US-41), and is consistent with Policy 5.1 of the Transportation Element in the Growth Management subject to the Developer Commitments found in Exhibit F. Con: None Findings: The Transportation Services Division has reviewed the proposed PUD amendment and has recommended approval of the petition based upon the petition's conditions of approval. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will scriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and othcrs apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect propcrty valucs in the adjacent area; Pro: Urban intensification t}pically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value deterrnination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect valuc. Findings: This is a subjective deterrnination based upon anticipated results which may be internal or cxternal to the subject property, and which can affect property values. 15 PUDZ-A~2006~AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 25 of 139 Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). 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. Con: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with cxisting zoning; Pro: The Naples Reserve RPUD implements Policy 5.6 of the FLUE that encourages the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Con: Many residents may perceive the intensity of development as a disturbance of the natural environment, and may be prefer to see the remaining acreage undisturbed. Findings: The proposed rezone conforms to the future land use element of the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 16 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 8B November 13. 2007 Page 26 of 139 Pro: The proposed zoning amendment meets objective criteria set forth in GMP Policy 5.5 of the FLUE in that it is using land designated for urban areas by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses. Con: None Findings: The proposed zoning is designed m a manner that is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would otIset the adverse impacts from the proposed land uses. 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. Pro/Con: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing jurisdictional clements of the GMP and the LDC, public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. 17 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 27 of 139 FINDINGS FOR PUD PUDZ-A-2006-AR-9374, Naples Reserve Section 2.7.3.2.5 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. Pro: The nearby area is developed with residential uses, vacant land, and row crops. This petition is for residential uses. The petitioner is setting aside a preserve area and has agreed to interconnect its proposed open space and wetland preservation areas as well as access. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. 18 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Con: Not applicable Aaenda Item No. 8B r,-ovember 13, 2007 Page 28 of 139 Findings: The petition will be in compliance with all county regulations; therefore the project is suitable for the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or otber 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. Pro/Con: Evaluation not applicable Findings: Documents submitted with the Naples Reserve RPUD application provide evidence of unified control. The Land Development Code and the Ordinance of Adoption makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the Application for Naples Reserve RPUD that it will be in compliance with the planning goals and ohjectives of Collier County as set forth in the Growth Management Plan. Con: None Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 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. Pro: Staff agrees that the RPUD master plan has been designed to optimize intemalland use relationships through the use of various forms of open space separation. Additionally, the LDC does provide requirements in which to ensure hannonious relationships between proj ects. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and extemally with the proposed uses and with the surrounding uses. 19 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item I'-Jo. 88 November 13. 2007 Page 29 of 139 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of 60 percent. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. The proposed Naples Reserve RPUD is compatible with adjacent land uses due to the ameliorating element provided through wall and landscaping buffering along the north, east, and southern boundaries of the residential development area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable Findings: The proposed Naples Reserve RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. 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. Pro: The petitioner has submitted a request for four deviations within the PUD Document. Deviation numbers one and two relate to public roads, and are not essential to the application of this petition as the applicant is proposing private roadways. Dcviation number three relates to limiting the number of model homes. As this development contains more than 1000 dwelling units with a variety of housing types, the requirement limiting the number of model homes to five would be unfairly applied as the consumer would not have adequate opportunity to experience the full range of architectural home styles and designs offered by the Naples Reserve PUD in making a decision to buy. Deviation number four seeks relief from the LDC limiting the height of signage to eight feet. Signs attached to entry features up to 50 feet in height have not been approved for other PUDs. LDC, Section 6.02.A.5, Residential Directional or 20 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda item f\Jo. 88 November 13, 2007 Page 30 of 139 Identification Signs, states that, ". . . signs shall only be used to identify the location or direction of approved uses", and that sign area and height is limited to "a maximum area of 24 square feet and a maximum height of eight feet". The petitioner cites as examples Summit Lakes RPUD, Wentworth PUD, and Treviso Bay where signs associated with entry features have been approved up to 50 feet in height. Consequently, the Summit Lakes PUD only allows for entrance features such as clock towers and colonnades associated with a harrier bem1 or privacy fence limiting height to no greater than 50 feet; not signage. The Wentworth PUD allows "Entrance signs" which may not exceed heights of 8 feet above the finished ground level, which is consistent with LDC - Section 6.02.A5. Also, Traviso Bay is a mixed-use project within the Bayshore overlay district, which is several miles from the subject property. Thus, approving this language within the Naples Reserve PUD, the Commission would be establishing a preeedent. Therefore, staff feels this deviation is not suitahle for a waiver from the literal application of this subsection of the LDC. Con: Not applicable Findings: Staff is supportive of all proposed deviations except deviation number 4. Deviations one through three if waived do not pose detrimental effect to the health, safety and welfare of the community as similar deviations have been approved in the past within PUDs of similar character and size. Staff on the other hand does not wish to encourage the approval of signage with maximum heights of 50 feet unless proposed as a billboard sign in an appropriate area. 21 PUDZ-A-2006-AR-9374, Naples Reserve RPUD Agenda Item No. 88 November 13, 2007 Page 31 of 139 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLlIERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 ,.-.-,.-, ,..., o AMENDMENTJO PUD (PUDA) D. PUDREZ()NE (PUDZ) .. APPLICATION FOR PUBLIC HEARING FOR: r8l PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff APPLICANT INFORMATION I ... '.. " NAME OF APPLlCANT(S) ANTHONY SALCE NAPLES RESERVE LLC ADDRESS 515 TERRAClNA WAY CITY NAPLES STATE Fl ZIP 34119 TELEPHONE # 239-304-0990 E-MAIL ADDRESS:SCAAHS(ci)AOl.COM CEll # _ FAX # 239-304-0991 NAME OF AGENT DWIGHT NADEAU RW A INC. ADDRESS 6610 WILLOW PARK DRIVE. SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239-597-0575 CELL # _ FAX # 239-597-0578 E-MAIL ADDRESS:DHN(ci)CONSULT-RWA.COM NAME OF AGENT RICHARD D. YOVANOVlCH, GOODLETTE COLEMAN & JOHNSON. PA ADDRESS 4001 TAMIAMI TRAIL NORTH SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-435-3535 CELL # _ FAX # 239-435-1218 E-MAIL ADDRESS: RYOVANOVICH(ci)GCJLAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Aaenda Item No 88 N-overnber 13, 2007 Page 32 ofi 39 II ASSOCIATIONS Complete the following for all Association(s} 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 ! " DiSClosure oflnterest Informanon a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all ponies with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Aoenda Item No. 88 November 13. 2007 Page 33 of 139 b. If the property is owned by a CORPORATION, list the officers ond stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership NAPLES RESERVE. LLC ANTHONY SALCE. JR.. MANAGING MEMBER GULF COAST DEVELOPMENT GROUP. LC 515 TERRACINA WAY NAPLES. FL 34119 100% c_ If the praperty is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of intere~t. Name -and Address Percentage of Ownership 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 Agenda Item No. 88 November 13, 2007 Page 34 of 139 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corparation, 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 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if CI corporation, partnership, or trust. Name and Address g. Date subject property acquired I8J 05/10/06 leased 0 Term of lease _ yrs.fmos. If, Petitioner has option to buy, indicate the following: Date of option: _ Date option terminates: ----.J 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. PROPERTY LOCATION Aoenda )tem ~~Q. (;8 r-Jovember 13. 2007 ""''''''' r,;~ . f 1"9 o vI') " Detailed leQal descriDtion oftbe prouertv covered bv tbe aoo[ication: (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 ,.. to 400' scale) if required to do 50 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 ceriification or sealed survey may be required~ SectionjTownship/Ronge QJ.}::df26 Lot: Block: Subdivision: Plat Book _ Page #: _ Property I.D.#: 00723880002 Metes & Bounds Description: ALL OF SECTION 1 TOWNSHIP 51 SOUTH RANGE 26 EAST. COLLIER COUNTY. FLORIDA Size of DroDertv: ft. X _ ft. = Total Sq. Ft. 29969.280 Acres 688 Address/"eDerallocatioD ofsubiect oroDem: 10097 GREENWAY ROAD PUO District (LOC 2.03.06): \:8J Residential o Community Facilities o Commercial 0 Industrial ADJACENTZOl'\1NGA..ND LAND USE Zoning N A. AGRICULTURE S A. AGRICULTURE & PUD. WALNUT LAKES E A AGRICULTURE W PUD. WINDING CYPRESS Land use PICAYUNE STRAND STATE FOREST REFLECTION LAKES SUSDIVISION & DISTUR8ED LAND AGRICULTURE & DISTURSED LAND UNDEVelOPED Does the owner Qf the subjed property own property contiguous to the subied property? If so, give complete legal description of entire contiguous property. (If space is in(1dequater attach on separate page). Section/Township/Range W50S/27E Lot: Block: Subdivis.ion: Pial Book _ Page #: _ Property I.D.#: 00467400007 Metes & Bounds Description: THE SOUTH HALF (1/2) OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. ApenS8 Item 1\/0. (jB hiovernber ! 3. 2007 Page 36 of 139 REZONE REQUEST This application is requesting a rezone from the PUD zoning district{s) to the PUD zoning district{s). Present Use 01 the Property: UNDEVELOPED. DISTURBED LAND Proposed Use (or ronge 01 uses) 01 the property: DEVELOPMENT OF UP TO 1.154 RESIDENTIAL UNITS Original PUD Name: NAPLES RESERVE GOLF ClUB PUD Ordinance No.: 99-42 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup mCJterials and documentation in support of the request. PUD Rezone Considerations (lDC Section 10.02.13.B} 1. The suitability of the area for the type and pattern of development proposed in relation to physical charaderistics of the land, surrounding areosl traffic and occessl drainage, sewer, water, and other utilities. The proposed RPUD's consistency with the locational criteria set forth on the Future land Use Map and supporting Future land Use Element (FLUE) of the Growth Management Plan (GM?), and consistency with the applicable Elements related to access, droinage, water, sewer, and other utilities, combined with the development conditions and commitments contained in this opplication, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 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, including the Covenant of Unified Control, submitted with this P~tition- Application provide evidence of unified control. Further, this application makes appropriate provisions for corrtinuing operation and maintenance of common oreas. 3. Conformity o.f 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.) The development of approximately six hundred eighty-eight and one tenth (688.1) acres of property in Collier County, Florida as 0 Residential Planned Unit Development [RPUD} 10 be known os the Naples Reserve RPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential and recreational facilities of Naples Reserve RPUD ore consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons. 1. Agenda Item No. 86 November 13. 2007 . Paae 37 of 139 The subiect property proposed for development consists of 310.94 acres designated UrI:ion - Mixed Use District, Residential Fringe Subdistrict and 377.16 acres designated Agricultural/Rural _ Rural F.-ioge Mixed Use District (RFMUD), Receiving Lands as identified on the Future land Use Mop, os provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP. [It should be noted that the previous PUD approved through Ordinance No. 99- 42 hod the Urban Residential Fringe boundary incorrectly depicted and utilized for analyzing density, thus the differences in URF Subdistrict and RFMUD acreages and density.] 2. The RPUD is modified to provide for increased density from the presently approved PUD density of 552 units to 1154 dwelling units. 612 TDR credits will be required to increase the residential density of the project to 1.677 dwelling units per acre. The RPUD will employ the density blending provisions of the GMP and land Development Code (LDC) to allow for the distribution of density throughol.Jt the project. Since the rezoning request was granted in June of 1999, Collier County adopted the TOR program into the LDC through Ordinance No. 05-49. The primary purpose of the TOR process within the RFMUD is to establish an equitable method of protecting and conserving the most valuable environmental areas, including lorge connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such areas to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable areas. Within the RFMUD, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to criteria. The increased density will be ochieved by TDRs as follows: Urban Residential Fringe Subdistrid TDR Credits must come from Sending Lands within one mile of the Urban Area at a maximum density increase of one (1) unit per gross acre. Bose 1.5 units/acre x 310.94 acres:::: 466.41 units 1 TDR/acre x 310.94 acres = 310.94 units 466.41 units + 310 units = 776.41 units (0.41 units to be combined with 0.43 units. from Receiving lands to achieve a whole unit or greater thon 0.5 unit to be rounded to o whole unit), with 0.94 TDR credits remaining (to be combined with the fractional TDR credit from Receiving lands portion of the project to achieve a whole unit). Agricultural/Rural, Rural Fringe Mixed Use District, Receiving lands Base 1 unit/5 acres x 377.16 acres = 75.43 units .80 (4 unil TDRs/acre) x 377.16 acres = 301.72 units 301 + 75.43 = 376.43 units (0.43 units to be combined with 0.41 units from the Urban Residential Fringe Subdistrict portion of the proiect to achieve a whole unit or greater than 0.5 to be rounded to a .....mole unit), with 0.72 TDR credits: remaining {to be combined with the fractional TDR credit from Residential Fringe Subdistrict portion of the project to achieve a whole unit). 776.41 + 376.43 = 1152.84, or 1153 units + 1.66 TDRs = 1154 A total of 612 TDRs. shall be severed from quaHfying Sending Lands to achieve the maximum density. TDR credits shall be required. for golf course development, consistent with FLUE and LDC provisions. The number of TDR credits required shall be determined at time of site development plan or plat approval. 3. The development standards contained in this DOOJment, combined with the requirements of the LDC will insure that the proposed development will be compatible with and complementary to exIsting and planned surrounding land uses as required by Policy 5.4 of the FLUE. F.C1sn:Ja item f\ilJ. :~B rIovernber 13. 2007 F'C:Jge 38 of 13fJ 4. The development commitments and standards contained in this Document, as well as the requirements of the lDC will assure compliance with Policy 3.1 of the FLUE. 5. The Naples Reserve RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it is using land designated for urban uses. 6. The Naples Reserve RPUD implements Policy 5.6 of the flUE in that more than 70% of the prefect's Receiving lands, and 60% of the Urban Residential Fringe Subdistrict will be open space or reserved for conservation purposes. 7. The RPUD Moster Plan, with its extensive natural area, lakes and open space areas, and with its low residential density} will insure that the developed proiect will be an attractive and er'Iioyoble residential development. 8. The project shall comply with the concurrency provisions of the LDC, and therefore, it will implement, and further Objective 2 of the FLUE. 4. The internal and ext~rnal compatibility of proposed uses, whic:h conditions may include restrictions on location of improvements, restridions on design, and buffering and screening requirements. The RPUD Master Plan has been designed 10 optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regula1'ed by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the perm itting of the proposed development coincides with the programming of the County's proposed capital improvements to meet conOJrrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, marocteristics of the property relative to hazards, and capadty of roads is supportive of condnions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are availablel or will be in place by the time permitting of the proposed improyements is complete. 8. Conformity with PUD regulations, or as to desirable modific:ations of such regulafions 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 development stondards in this application ore similar to those standards used for the residential structures and related improvements when compared to County regulations. Agenda item !\Jo. 8B November 13. 2007 Page 39 of 139 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however~ many communities have adopted sum restrictions. You moy 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 Detitions on the subiect Drooertv: To your knowledge, has a public hearing been held on this property within the lost year? 0 Yes !gj No If so, what wos the nature of that hearing~ _ NOTICE: This opplicotion will be considered "open" when the determination of "sufficiency" has been made and the opplication is assigned a petition processing number. The application will be considered "closed" when the petitIoner withdraws the applicotion through written notice or ceas.es to sucolv necessary information to continue nrocessin" or otherwise activelv oursue tho:::. rezonina for a ""eriod of six (6) months.. An application deemed "dosed!! will not receive further processing and an application "dosed" through inactivity sball be deemed withdrawn. An application deemed "dosed" may be re- ap ened by submitting a new application, repayment of all application fees and granting of 0 determination of usufficiencyl'. Further review of the proiect will be subiect to the tben current code. (We Section lO.03.05.T.) t'-.Qenda Item I'~o. (j3 I Jovernber 13, 20G? Page 40 of ! 39 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLlCANT(S) ANTHONY SALCE NAPLES RESERVE. LLC ADDRESS 515 TERRAClNA WAY CITY NAPLES STATE FL ZIP 34119 TELEPHONE # 239-304-0990 E-MAIL ADDRESS:SCAAHSfalAOl.COM CEll # FAX # 239-304.0991 ADDRESS OF SUBJECT PROPERTY (IF AVAilABLE): 10097 GREENWAY ROAD LEGAL DESCRIPTION Section/Township/Range QJj!2JJ26 Lol: Block: Subdivision: Plat Book _ Page #: _ Property 1.0.#: 00723880002 Metes & Bounds Description: ALL OF SECTION 1. TOWNSHIP 51 SOUTH RANGE 26 EAST. COLLIER COUNTY. FLORIDA I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPO capacity) _ c. SEPTIC SYSTEM ~ o o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIV ATE SYSTEM (WELL) [gJ o o o Aaenda Item I,D. 83 rJovember 13, 2007 Page 41 of 139 STATEMENT OF UTILITY PROVISIONS - page 2 l'QT.A[~QPUlA110N TO BE SERVED: 2308 (1154' 2.01 PEAK AND AVERAGE DAilY DEMAND!>: A. WATER-PEAK 370.24 GPM AVERAGE DAilY 355.432 GPO (lOS, 154) B. SEWER-PEAK 250.03 GPM AVERAGE DAllY 276960 GPD (lOS, 1201 WATER - PEAK = Average Daily x 1.5 Peak Factor';' 1440 SEWER - PEAK = Average Daily x 1.3 Peak Fodor';' 1440 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2008 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as c specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, tben percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTYUTlLlTY 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 ta dedicate to Collier County Utilities the water distribution and sewage coHection 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. This statement shall olso include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to tile issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement 10 dedicate the ~ppropriClte utility easements for serving the water and sewer syst~ms. STATEMENT OF AVAilABILITY CAPACITY .FROM OTHER .PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer Of potable water services from ony provider other than the County, a statement from thot provider indicoting that there is adequate capacity to serve the project shall be provided. Aoenda !:em I,jo 88 ),Tovember : 3. 2'D07 "<._,.. ...., f 139 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMUTTAlCHECKl5T THIS COMPLETED CHECKLIST IS TO BE SUBMmED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE, INCOMPLETE SUBMITTALS Will NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS, , . ,.'.<.....,.... . .. i . . 1 Additional set if located in the Bayshore/Gatewoy Triangle X Redevelopment Area) Copies of detailed description of why amendment is: necessary 24 X Completed Application with list of Permitted Us:es; Development Standards: Table; List of proposed deviations from the lDC (if any); list of Developer Commitments 24 24 (download appliccztion from website for current form) Pre-application meeting notes 24 24 PUD Conceptual Moster Site Plan 24" x 36" and One B Y2" x 11" copy 24 24 Revised Conceptual Master Site Plan 24" x 36"and One B V2" x 11"coov 24 X Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 X AMENDING THE PUD Revis:ed PUD application with changes crossed thru & underlined 24 X Revised PUD application w/amended Title paae w/ord #'s:, lOC 10.02.13..6_2 24 X 2 Col'ie5of the follOWing' , .' Deeds/legals & Survey (if boundary of original PUD is amended) 2 2 List identifying Owner 8, all parties of corporation 2 2 Owner/Affidavit signed & notarized 2 2 Covenant of Unified Control 2 2 Completed Addre;:sing checklist 2 2 ~Copi~of ,thefoIJo",,;ng:, .... / ., . .... ..,i Environmental Impact Statement lEtS} and digital/electronic copy of EIS or exemption 4 justification 4 Historical Surveyor waiver request 4 4 Utility Provisions Statement w/sketches: 4 4 Architech.Jral rendering of proposed struc1lJres 4 X Survey, signed & sealed 4 4 Traffic Impact Statement (TIS) or waiver 7 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 5 Electronic copy of all documents in Word format cnd pions (CDRom or Diskette) 1 1 Letter of No Objection from the U.5o Postal Service 1 1 If located in RFMU (Rural Frinae Mixed Use) Receivina land Areos 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 2.03.0B.A.2.a.(b)i.c. Applicant/Agent Signature Dote Agenda Item hJo. 36 November B 2007 Page ,,3 of 139 EXHIBIT A TableI PROJECT LAND USE TRACTS TRACT "RG" TYPE RESlDE1\'TIAL UKJTSIFT. 1154 ACREAGE:!: 609.2 TRA.CT ''RA'' RECREATIOK AREA o 15.2 TRACT "P~' PRESERVE o 63.7 I TRACT RG PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Single-family detached dwellings; 2) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single-family dwellings of a smaller scale than the typical single-family detached dwelling); 4) Multi-family dwellings; 5) Model homes; 6) Golf courses and related facilities; 7) Commercial excavations - surolus fill material !!cnermed bY commercial excavation denths maY be transported off-site only for use in the US-41 imnrovement DToiect associated \,,"jib this zonin!! aotlToval: 8) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary. 9) Any other principal use which is comparable in nature with the foregoing list of pennitted principal uses, as determined by the Board of Zoning Appeals ("B2.->\") by the process outlined in the Land Development Code. A-I Aqenda Item t\jo. ,~'B N~ovember 13, 2007 Page 44 of 139 B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including. but not limited to: I) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures. gatehou$es~ and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. II TRACT RA PERL'\1ITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, fOT other than the following: A. Principal Uses Typically Accessory to Residential Development: I) Structures intended to provide social and recTeational space (private, intended fOT use by the residents and their guest only). 2) Outdoor recreation facilities, such as a comrmmity swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities~ including structures constructed for purposes of maintenance,. storage or shelter with appropriate screening and landscaping. III DEVELOPMENT ST......'\TDARDS A. GENERAL: Development of The Naples Reserve RPUD sball be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Grov,1h Management Plan (GMP) in effect at the time of issuance of any development order, such as~ but not limited to, final subdivision plat, final site development plan, excavation permit, and pTeliminary work authoTizatio~ to \>vruch such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most ~imilar district in the LDC shall apply. A-2 Aaenda Itsm t'-Jo. 88 t,.Tov8mber 13. 2007 Page 45 of i 39 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, andlor homeowners' association boundaries shall not be utilized for determining development standards. There shaH be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum of 612 Transfer of Development Rights Credits sball be obtained to achieve the maximum gross density. B. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdb'1rict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the dare of approval of the SDP or Subdivision plat. IV SIGNS For the purposes of this RPCD, the LDC provisions from Section 5.06_02.A..6. are applicable for off-premise signage. A-3 ,.u,G~nc~a Item f-.jo, ES !'Jovember 13 2007 F'age 46 of 139 EXHIBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PAnO HOME MULn- CLUBHOUSEj DETACHED ATTACHED & & VilLAS FAMILY RECREATION TOWNHOUSE BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S_F. PER 2,250 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 10.000 S.F. UNIT UNIT UNIT UNIT MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A MINI,f.UM LOT WIDTH =o!lLFEET 25 FEET 4I).2.>,FEET 25 FEET N/A MlN1I\'IUM FLOOR AREA 1 ,000 S.F , ,000 S.F , ,WG-QQQ,S.F 1,000 S.F./D.U. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A MIN fiDE YARD 6 FEET o FEET or 3 FEET or GREATER OF <> I N/A 6 FEET 9 FEET lQ.FEET OR y, BH WdN REAR YARD , 5 FEET I 15 FEET , 5 FEET , 5 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEtI 25 FEET MIN. ISTANCE BETWEEN 12 FEET 1 2 FEET 1 2 FEET GREt>.TER OF +;! N/A STRU p-U R ES 1Q..FEET OR y, THE SUM OF BH MAX BUILDING HEIGHT NOT 35 FEET 140 FEET 35 FEET 75 FEET 50 FEET TO E CEED I ACTUALJ ACCESSORY STRUCTURES FRONT S.P.s. S.P.S. S.P.s. S.P.s. 20 FEET I SIDE I S.P.S. S.P.S. S.P.S. S.P.S. V:! BH . REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET :DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 1 0 FEET 1 0 FEET , 0 FEET 1 0 FEET , 0 FEET MINIMUM DISTANCE 1 2 FEET 1 2 FEET , 2 FEET , 2 FEET Greater of 15 BETWEEN STRUCTURES f~et or 1/:>. BH MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED I S.P.$. = Some os Principal Structures BH ::::: Building Height - unle.ss otherwise noted all buildino neiohts shall be "zone-d" buHdino ~iahts m defined in the LDC. B-1 Notes: PR:JPt:P.!Y LINE ,L,gendc-: \tern ~'JO. 88 November 13. 2007 Page 47 of 139 1) No structUres are permitted in the required 20-foot lake maintenance easement No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards _ No side yard shall be required between units wben more than one residential unit is in a single structure (i.e.: attached single-family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District, shaH apply to residential land uses within this RPUD. 4) Terraced setbacks are permitted for either two or three 5>1:01)' multi-family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wan setback is provided as depicted in Figure 1 below. 5) Entrance features (Le.: monwnentation, clock towers and colonnades) shall be limited in height to no greater than 50 feet which may be located at the project entrance. 6) For all residentiallmits. Q"3rd2"eS snan be located a minimum of 23 feet from the back of the sidewalk dosest to the ~ara\!e. excePt for side load e:ara!!cs. whereIn a oarkin<Y area :23 feet in depth must be orovided ncrnendicular to the sidewalk to avoid vehicles beim~ narked across a 00[t100. or all of the referenced sidc\\'alk. ~, 15."'11' OJ] ilO1 OJ] 1 lOll] Figure 1 B-2 EXHIBIT C aJ~m roOM f'-:- ON__ -;>' .0 "'--M:::J E-~ 213Q) -..=1 :1J ~=m ;=;,CJo... CD > -~ '-h7 <- ----I ~,.~. Tn".... . . ~ ON;U."'lI'l$xC>:) "":\:", Vlna ~~deN _I --I" ~~~ ~ I " , , " , .."'~-. ~:!;j: I' . i ! gt I ! I~ L~ ,. ~~ ei <= }~ ,. -. r . ~~ . .' ; " ~ . ,n.. :..hI B~ ~.. ~l! ilml>IH ...;::;.. J: i~~~ ~Z~ ... ~ ::':r:; k"...~ ~ .~ ~~~~ <~~. . .. ~_.., .,. ..~ .-. 'P<. ~ ~d ri~:~ ~~h ~;"o:;:' ::::/'i- 7 Ii< ,,~,. ...! ,~_ Iillii ~:i~ ~:~~ \ . . . !g~ X:~ !e1'l'! ~~~ ~ 9~i!~ ~~~ I :== ~ ~ :i ~ NVld l!3!SVW I -I" NY'ifH:iI.SVJ"(cnar -. aD'=.-_.:: _.~ - :Y17:iA.1GS3Hs:nIYN _ ,... ":r- ~ J I. ~ ~ a i . ~ . - - ! I . . j I I . i I 1 I --, EXHIBIT D Legal Descriplion Section 1, Township 51 South, Range 26 East, Collier County, Florida Aoenda Item No. 88 rJovember 13. 2007 Page 49 of 139 Aoencia !tsm No ~~'3 b.Tovemher '13,2007 Page 50 of ~1 ::)9 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDe Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC Appendix B, Typical Street Section~ B-2 and B-3, and Section III, Exhibit "A'\ Design Requirements for Subdivisions C.J3.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 tbat requires 60 feel, to allow 50 feet. A 50-foot right-of-way is permitted in this RPUD to provide for flexibility in development design, subject to providing easements for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. All platted project streets shall have a minimum 50-foot right-of-way. Deviation 1 from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier Connty Construction Standards Manual adopted through Ordinance No. 2004-66 wbich requires 60 feet to allow 50 feet. (See Exhibit C, RPCD Master Plan). These streets shall be private, and shall be classified as local streets. Deviation #2 seeks relief from Section lIT, Exltibit "A", Design Requirements of Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66, that requires tangents to be provided benveen reverse curves on all streets. This RPCD will not require tangents betv.:een reverse curves in order to provide greater subdivision design flexibility. All internal roads within tbe RPUD will be private, and have low posted speed limits, and will have a curvilinear design that has been shov"n to act as traffic caImmg measures by reducing local traffic speeds. Additionally, the flat terra-in found on site does not warrant the need for tangents. This is a reasonable deviation tbat has been applied throughout tbe County, and does not comprise a risk to public health, safety and welfare. Tangents between reverse curves are not required for any local street design in this RPCD. Deviation 2 from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., tbat functionally limits the number ofmode1 homes to allow one model home for each variant of the residential product proposed in the project. In an effort to provide a variety of residence styles and floor plans within the development, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. To do so could result in monotonous tract housing reminiscent of the "new town" movement after the end of the World War 11. Tbis deviation is appropriate, and does not negatively affect the health and safety, nor welfare of the future residcms oftbe development. The Naples Reserve RPUD may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC Section 5.04.04.B.5.c. tbat limits the total number of model homes in a single development to five_ E-I Agenda item No. 88 November 13, 2007 Page 51 of 139 Deviation #4 seeks relief from Section lII. Exhibit "A". Desion Requirements of Subdivisions C.]).f. of the Administrative Code for Collier County Construction Standards Manual adopted throue:h Ordinance Number 2004-66. limits cuI-dc-sac Ienoths to 1000 feet or less. This RPUD mav have cul-dc-sacs witb lemrths 2reater than 1000 feet. The RPUD lands are relativelv without topographic relief. so l.:!reater sizht distances would allow lon!Zer dead-end streets without ieopardizing the safety of the future residents. Further. the turning radii of the terminal cuI-dc-sacs wllI meet or exceed annl1cable COlin!\-' and National Fire Protection Association requirements. Cul-de-sac len~tbs in the Naples Reserve RPUD may exceed 1000 feet. ::,eleLs :elief HElm LDC SI1BseGtiaR ,:: .96.9'" ./..1.6.. '(:ReTe ~l=te Fr:e:dmHFFl i:iH8'i','a.ele l=tei;l=It of s:;fla;e is ei;ht feet. Tl1e "'*':ieet ~. e~erl)' ic 'Of "rated fro", the prima,) acto" ~"iRt OR ,_, .S. 11 BY af~r8"iR'latcly 9.15 rnPer. 11: aFl eFfert t8 rrtl'.'iae n \ iSl:l.al lansma-rl: to iclan::fy the prejeet frer-.r. t.l1at dis-l.~ee, tRo P.l"L1D Dee\:lmeat prEJ':iaes for eRt:")' features that Faa:: iFl.e11:1l3e el8el~ to',yer:., Ff.elll-l:Bcnta:~ion~ a::lt!./er eelr::H'l.:Ra1:s that mal So "l' Ie fifty feet iR hei;;",. Th:s ao"ialieR ~ro':iaes f-er project iJeRtifiGe.tieR cih'fl"bC, Bot e::::::eeai!'l.f :AE area pre'o'id~d fer by tHe L'C'C, {Rat may re attaehed to t;P.c: fFltr:/ fcat:.:r:::~ bl:l~ rR::J.)' :;ot c::l2ed tHe h:i;h-t ofth8 entry fea-Rife. :\t tEe EliseretisFl srtfle ae'..e~ei'er, f1rejef~ ie~flt:fieatil3l: Si;fl:' mey 8e assezia4:ea v.<t11 the efl'1ra-Flz-e-f.eamre, El1.:l4: may Flet e::ceea tRe Re:;M ef1:Re :::Rtranee fcatldre. Devioti8R 1 fr8ffi sl1E:seetieFl :.De.n~,.~"'~.l.a. '<':flue 1J:Je ffi&!HnmFfJ a~l(:rl,<a:b]e fi:::i;l.t of Si;I:a..;e i: ei~fl:t feet. E-2 /;,c:!en~:2 !t~m No ~:8 !~-ov'8lTiher 13. 2007 ?2~Je 52 of: 39 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORT AnON The development of this RPUD shall be subject to and governed by the following conditions: ;\.........rterialle.;el stre:t Ji,;ktifl; shall 13: flre',';dea at all ae:ess f'sints aFla :'::JtT"~' :-0&1:1 e~f U.S. 11. :".eeess liehtiR; ,h.1l ee iE ~]ace prior te t.fie in"","e eftlle fire! eff-t'tf_ of e"euplfiOj' (CO). B.A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. Gji. Access Points shown on the RPCD Master Plan are considered to be conceptual: Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. ~. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project,. as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. I;Q. Nothing in any dcvelopment order (DO) shall vest a right of access in excess of a right-infright- out condition at any access point. Neither shall th~ existence of a point of ingress, a point of egress, or a median opcning, nor the lack thereof, be the basis for any furore cause of action for damages agairb-t the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the bealth, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation,. and roadway capacity. Fg. If any required turn lane improvement requires the use of existing County rigbts-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier Connty as a consequence of such improvement(s) upon final approval of the tum lane design during the fIrst subsequent development order (Le.: site development plan/subdivision p1at). The typical cross- section may not differ from the existing roadway unless approved, in Miting, by the Transportation Division Administrator, or his designee. Gr:. If. in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign., pavement marking improvement within a public right-of-way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to tins project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the first CO_ F-l ,Agenda it.em l\Jo. 8B r,ovember i 3, 2007 Page 53 of 139 II. The RPl'P Haoter PI"" reflects a 199 foAl. ',cia. reser'atisR .Ion; the '.cest lJeURa.FO of the PUD. Sksiilil ~R.e Cetlnty fina tHat it i::: fr'j3pret3riate 113 :r:FlJ3TElVG tfla~ [BoiEler. it "'ill pn:J'::ae for ae:ess to the P:ea~''HRe StFB:Rd State Fere.:..t, as ?'ell as 18 l'rs';iae fer a f.ls:entio.l ee::meetioR to tAe u'iB.8it:; CYl3ress pl_Tf) tEl t8:: "':est. fQ. The RPUD Mas1er Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint pennit application with Collier County for the specific purpose of modifYing the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of tbe County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water mana2:ement system within the RPUD boundarY for treatment/ret.ention of storm water contrihuted from the 100 foot reservation. UTILITIES AND ENGINEERING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District for raw water well easements with dimensions 100-foot by 100-foot each, and utility/access easements that shall be 20 feet wide unless the well site is contiguous to a public rigbt of way. The approximate locations of these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan, or frnal plat approval for the area within the development phase thai contains the respective well sites. At the time of the SDP and/or plat submittal, the developer shall provide tbe well site easements that meet the standard setback requirements for water wells. If the surface water management lakes for the subdivision are installed prior to the installation of production wells for the SERWTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface water management lakes are installed after the production wells a 300-foot setback shall be required. The County has further requested a test well at one of the proposed well sites. The County agrees that the desired test well will not be converted into a production well until the water management lake proposed near tbe test well is constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water maIlagement lakes have been constructed or the year 2012~ whichever is earlier. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the follov.,ring conditions: A. The Naples Reserve RPUD shall preserve 63_7 acres of vegetated areas consistent with the Land Use Summary on the RPUD Master Plan. F-2 PLANNING Ag~~nca Item t\b. 28 f~overnber '13. 2007 F'a98 54 of 139 A. One WR credit shall be required for every five (5) gross acres of RFMUD land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non-irrigated and retained in a natural state. B. In order to increase residential density above the base density allowed in the Urban-Mixed Use District, Residential Fringe Subdistrict and tbe AgriculmralJRural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifYing Sending Lands, of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. c. Collier Countv and the Develouer of the Nanles Reserve RPUD have coooerated to ad{lress affordable housinQ imoacts associated ",,!ith the Naoles Resen1e RPCD. The followin~ financial contribution shaH be oaid by the developer. or its successors. and a-:si!!ns. to the Collier County Affordable HOllSin2: Trust Fund. Onc thousand dollars ($ 1.(00) per residential dwellinQ unit cons;tructed within the nroiect 5ihall be naid to Collier Count'" within 7 days of the closing on eac.h residential dwe.lIing unit. The amount set forth herein shall he reduced hv an\' amounts naid bv the devt::looer on behalf of Habitat for Humanitv's pursuant to the De\'eJooer Contrihution A2'reement t:S 41 Developer:; Consortium (DCA) to fund the shortfall after Habitat for Humanit\"s road impacl fees are applied nursUJJlt to lbe DCA. The n3vrnent of the slims set forth in this Section shall reflect a credit to the nroject' S o"bliQations to Day any fees that Olav be adooted in the future bv the County relatini! to the nrovision of affixdablc or workforce housin!!. WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements/preserves. B. The project's stormwater management system shan be designed to fully contain the 100~ycarI72- hour design storm event \\1th a regulated discharge rate not to exceed 0.10 cfs/acre and no increase in total volume of discharge. C: AU elevations shall be based on the North American Vertical Darum (NA VD). F-3 Agenda Item [\.10. 88 !~ov9mb9r 13. 2007 Page 55 of 139 Vanasse _ Daylor ~ US 41/SR 9S I DEVELOPER COOPERATION AND FUNDING CONSORTIUM June 20, 2007 Collier Boulevard (SR 951) & US 41 Collier County, Florida Prepared For: us 41 Developer Cooperation and Funding Consortium PO Box 2529 Naples, FL 34106 Prepared By: Vanasse & Daylor', LLP }ob1t-.ons,OJ 12130 Now Brittany Boulevard, Suite 600, Fort Hyen. Florida 33907 T 239.431.4601 J 219.4374636 w vanday.com P.genda It9m f'~o. B8 ~~ovemb2r 13. 2007 P3ge 56 of 139 Table of Contents INTRODUCTION... ..... ............ ..'" ........., ...."....... ................ ..... ..." ................................. ...-.........,... ......... 1 SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS... ................ ........ 1 BACKGROUND TRAFFIC DEVELOPMENT .......... ......... ... .......... ..... ..............-... 2 PROJECT TRAFFIC DEVELOPMENT. ........ ..... ............. ......,.. .................. ......._.....4 TOTAL TRAFFIC VOLUMES........ ... ....... ..... .... ............ .......... ..................-.. ...._....6 INTERSECTION CAPACITY ANALYSES .......... ........ ............... ............. ............ 7 List of Tables Table 1 Average Daily Traffic (ADT) Counts Table 2 Future Yoar Daily Projected Background Tmffic Table 3 K & D Factors Table 4 Peak Hour Peak Direction Background Traffic Tablo 5 AM Peak Project Traffic Table 6 PM Peak Project Traffic Table 7 Total Traffic Volumes Table 8 SYNCHRO<l> Analyses Appendix UHltSR 951 Pagel Table of Contenu J\genca item No. 38 November 13, 2007 Page 57 of 139 INTRODUCTION Vanasse & Daylor LLP (VanasseDaylor) is providing this operational analysis of the Tamiami Trail (US 41) & Collier Boulevard (SR 951) intersection in Collier County, Flolida. This analysis is provided for the US 41 Developer Cooperation and Funding ConsOltium to determine how long CeItain at-grade intersection improvements recommended in the US 41 PD&E study prepllled for' FDOT will accommodate the future traffic demand, These improvements include the maximum at-grade improvements possible, with triple left turn lanes and triple through lanes at each approach, as weJl as dual eastbound and westbound right turn lanes. The following developments along the US 41 conidor from West of Comer Boulevard to San Marco Road (CR 92) are part of lhe US 41 Developer's Coalition and were included as part of lhis study: . Tamlami Crossing . Eagle Creek . Reflection Lakes . ASGM . Naples Reserve . Office Depot . Links of Naples . Royal Palm Golf Estates . Blg Cypress RV Park . Lo.ves ' . Southern Centers SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS A1J shown in Table 8, the US 41 and Collier Boulevard intetsection, with the additional intersection improvements recommended in the US 41 PD&E study pr'epared for FOOT, is projected to fail duling the PM Peak by 2020 and the AM Peak by 2021, US 41/SR 9S1 1:\JlrojKtS\8G9\&097S\T rafflc\M&y 2007 Update\B097S_MeM-003.do<l Agenc~a Item !\JO. [:5 Nell/ember 13, 2007 Page 58 of 139 BACKGROUND TRAFFIC DEVELOPMENT The daily backgt'Ound traffic fOI this study was developed by regression analyses of the traffic counts on US 41 and Collier Boulevard from 1997 thtough 2006. This backgIOund truffic was converted to Design Directional Hourly Volumes (DDHV) by the use of K}(JO and DIDO factors ftom Collier County's ConcUIrency Table dated FebIuaxy 28'h, 2007. Table 1 shows the histolical counts used in the regression analysis. TABLE I Average Cally Traffic (ADT) Count> (Collier County) Location Segment 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 U 5 41 (famlaml TralQ US 41 (Tamlaml TraiQ Collier Blvd. (5 R.. 95 I) ColU.r8lvd (C.R.951) West of Collier a/vd East of Collier Blvd. South of US. 41 North of USA I 23.40923.78022.14022,99226.08227,069 nta 27,758 n/a 30,379 10.677 11,048 10.970 10,789 12,552 12.570 nla 12,977 15,010 15.183 28,69230.33927,77329,34633,42234.288 34.132 35.556 n/a 39,198 17.41520,48222.32425.073 21,077 22,828 23.920 21.918 23,061 28,323 Table 2 shows the future year daily pJOjected background traffic volumes. US 411SR 951 2 1:\Proletts\809\80?75\TnrRe\May 2001 Update\8C91!_MEM.OO3.doc '."'" Agenda Item !'0o. 88 November 13, 2007 Page 59 of 139 TABLE 2 US,~I U.s,~1 Colllel' Boulevard Comer Boulevard Weft of ColJJar Boulevard East of Collier Boulevard SouthofU&~1 NorthofUS.~1 2007 30,800 15,300 39,600 28,600 2008 31,600 15,800 ~0,800 29,500 2009 32,500 16,300 42,000 30,500 2010 33,~00 16,800 ~3,200 31,400 2011 34,200 17,300 44.400 32,400 2012 35,100 17,800 45,600 33,300 2013 36,000 18,400 ~6,800 34,300 2014 36,800 18,900 48,000 35,200 2015 37,700 19,400 49,300 36,200 2016 38,600 19,900 50,500 37,100 2017 39,~00 20,400 51,700 38,100 2018 40,300 20,900 52,900 39,000 2019 41,200 21,~00 54,100 40,000 2020 42,000 21,900 55,300 40,900 , Table ,) includes the daily to peak hour (K.) and directional distribution (D) factors for each leg of the intelsection and was taken fi'Om Colliel County's Annual Update InventOlY Report (AUIR) dated January 10th, 2007. TABLE 3 U,S ~I US,~I Collier Boulevard Collier Boulevard West of Collier' Boulevard East 0( Collier' aouleVlrd South of US, ~I NorthofUS~1 K,.. D,,, K,,, D,.. K,oo DlOo K,,, D,.. 0,0956 0.56 0,0956 0,53 0,0956 0..55 00956 0,59 0,0956 0.44 0,0956 0,47 0,0956 CA5 0,0956 0.41 The application ofthese K and D factors to the fuMe backglOund daily traffic volumes resulted in the Peak Hour Peak Directional background traffic that was used as a base for the future SYNCHROlll analyses, This background traffic is shown in Table 4 U5 4IISR 9S I 3 l:\Pro}ecu\809\80975\TrtfIk:\l'1Iy 1007 Update\8097S_MIiJ1.00ldo<; ....~ Aopnda i[c.rn '\JO. ~B NLo~vembe~'I' i 20'07 Page 60 of 139 TABLE 4 US.41 US,41 Collier Boulevard Collier Boulevard West of Collier Boulevard East of Collier Boulew.rd SouthofUS.41 North of US. 41 Year Peak Off.Peak Peak Off.Peak Peak Off.Peak Peak Off.Peak 2011 1,831 1,439 877 777 2,335 1,910 1,827 1,270 2012 1,879 1.476 902 800 2,398 1,962 1,878 1,305 2013 1.927 1,514 932 827 2,461 2,013 1,935 1,344 2014 1,970 1,548 958 849 2,524 2,065 1,985 1,380 2015 2,018 1,586 983 872 2,592 2,121 2,042 1,419 2016 2,066 1,624 1,008 894 2,655 2,173 2,093 1,454 2017 2,109 1,657 1,034 917 2,718 2,224 2,149 1,493 2018 2,158. 1,695 1,059 939 2,781 2,276 2,200 1,529 2019 2,206 1,733 1,084 962 2,845 2,327 2,256 1,568 2020 2,249 1,767 1,110 984 2,908 2,379 2,307 1,603 PROJECT TRAFFIC DEVELOPMENT Ten developments that are part of the US 41 Developer's Coalition were included in this analysis, Each development's uaffic report was reviewed to obtain the AM and PM project u'affic that was using the US 41 and Collier Boulevard intersection. Theil' turning movements were compiled for both the AM and PM peak peIicds and are shown in Tables 5 and 6 respectively, US4I1SR 951 4 1:\PrQjecu\809\80975\Tnmc\May 2007 Updue\8097Sj'lEf1.003.doc :"~ Agenda Item No. 88 November 13. 2007 Page 61 of 139 TABLE 5 Development Trip Assignments AM Peak U5.il.E8 Collie.. Blvd. - SB US.41-we. Collier 8lyd. - NB BIihl. IbrIL W1. llliIn. IbrIL J&fL llliIn. IbrIL J&fL BIihl. IboL J&fL otals T.ml.ml Cro.sslng 13 64 0 0 20 20 0 II 0 0 36 57 221 Eagle Creek 5 0 0 0 5 0 0 0 2 0 I I 14 Reflection Lakes 0 9 0 0 0 5 17 30 13 4 0 0 78 ASGM 83 0 0 0 79 0 0 0 23 15 49 52 301 Naples Reserve 0 81 0 0 0 45 136 244 108 36 0 0 650 Office Depot 0 0 0 0 0 0 0 0 0 0 0 0 0 UnJcs of N,ples 0 29 0 0 0 16 26 47 21 13 0 0 152 Royal Palm Golf Estate 0 3 0 0 0 2 5 II 6 I 0 0 28 81g Cypress RV !':Irk 0 60 0 0 0 33 25 45 20 27 0 0 210 Lowes 0 7 10 3 9 0 0 7 I 0 0 0 37 Southern Centel'1 0 67 0 0 0 37 40 n 32 30 0 0 278 Totals 101 320 10 3 113 158 249 467 226 126 86 110 1969 TABLE 6 Development Trip Assignments PM Peak U5.41-EB Collier Blyd. - 5B US41-W8 Collier Blyd. - NB BIihl. IbrIL J&fL BIihl. IboL Wr.. BIihl. IhrIL J&fl. BIihl. IhrlL J&fL otals Tamlaml Crossing 17 86 0 0 28 28 0 17 0 0 54 85 315 Eagle Creek I 0 0 0 I 0 0 0 0 I 4 4 II ReftectIon Lakes 0 32 0 0 0 18 10 IB 8 14 0 0 100 ASGM 29 0 0 0 27 0 0 0 8 17 58 62 201 Naples Reserve 0 252 0 0 0 140 81 145 64 112 0 0 794 Ofllce Depot 0 6 5 0 8 II 0 10 0 0 10 0 50 LlnJcs 01 N,ples 0 59 0 0 0 33 23 41 18 26 0 0 200 Royal Palm Golf Estate 0 8 0 0 0 4 2 4 2 3 0 0 23 Big Cypress RV Park 0 95 0 0 0 53 59 107 47 42 0 0 403 Lowe$ 0 17 22 5 15 0 0 13 2 0 0 0 74 Southern Centers 0 24 0 0 0 14 17 31 14 II 0 0 III Totals 47 579 27 5 79 301 192 386 163 226 126 151 2282 U541/5R951 s l:\PtoJl.ea\809\lI097S\Tnfflc\Ml~ 2001 Updn",\80"5_Ml!M.oold~ ".,-. Agenda iTem No. 8B hJO\'SiTi~:\'2r ! 3_ 2C)07 P('l-;W <32 or 139 TOTAL TRAFFIC VOLUMES The backg1'Ound Peak How', Peak Directional traffic shown in Table 4 was added to the project traffic nips shown m Tables 5 and 6 to produce total peak how trips at the mtel'section The computation of the combmed n'sffic was complicated by the natwe of the existmg peak directional traffic. In the AM Peak Period, the peak directions are Westbound and Southbound while dwing the PM Peak Pe:riod, the peak directions arl} Westbound and Northbound. Table 7 shows the Total Traffic Volumes that were used as inputs mto the SYNCHRO~ analyses, Totals are shown through the Year 2021 when the SYNCHRO@ analyses indicate total inte:rsection failure fol both the AM and PM peak periods, TABLE 7 Total Projected Turning Movement Volumes US,41-E6 Collier 61~d, . 56 U.S.~I- WB Collier Blvd - N6 Right Thr' Left Right Thru L.ft Right Thru Left Right Thru Left 2011 AM 1,019 600 W 182 1,604 385 459 813 93 28 521 600 PM 1,282 803 649 283 981 402 572 771 69 36 1,~58 990 2012AM 1,046 616 249 187 1,648 395 472 837 96 29 535 616 PM 1,316 824 666 291 1,008 413 589 793 71 37 1,~97 1,017 2013 AM 1,072 632 255 193 1,698 407 488 865 99 30 550 632 PM 1,350 8-'16 683 299 1,038 426 609 820 7J 38 1,536 1,044 2014 AM 1,096 646 261 198 1,743 ~18 501 888 101 30 564 649 PM 1,380 864 698 307 1,065 m 625 8-'12 75 38 1,576 1,071 2015AM 1,123 661 267 204 1,792 430 514 912 104 31 579 666 PM 1,413 885 715 316 1,096 449 642 864 77 40 1,619 1,100 2016AM 1,150 677 274 209 1,837 441 528 935 107 32 593 682 PM 1,447 907 733 324 1,123 460 658 887 79 40 1,658 1,126 2017 AM 1,174 691 279 214 1,886 452 541 959 109 33 607 699 PM 1,477 92S 748 332 1,153 m 675 909 81 41 1,697 1,153 2018AM 1,200 707 286 219 1,931 m 554 982 112 33 621 715 PM 1,511 946 765 340 1,180 484 691 931 83 42 1,737 1,180 2019AM 1,227 723 291 225 1,980 475 567 1.006 115 34 635 731 PM 1,544 968 782 349 1,211 496 708 953 85 43 1,776 1,207 2020 AM 1,251 737 298 230 2,025 486 581 1,029 118 35 649 747 PM I,m 986 797 357 1,238 508 724 976 87 44 1,816 1,233 2021 AM 1,278 753 304 236 2,074 498 597 1,058 121 36 663 763 PM 1,608 1,008 814 366 1,268 520 744 1,002 90 45 1,855 1,260 US41/SR 951 6 1:\Proje(u\809\B0975\Trlmc\May ~OO7 UpdlceI.8097SJ'leM.oo3.doc ',.10 Agenda item No. 88 November 13, 2007 Page 63 of 139 INTERSECTION CAPACITY ANALYSES The inteIl,ection lane configuration was detenmned by a recent PD&E study conducted by the Florida Dep8Itment of Transportation (FDOT). This study showed three through lanes at each approach, triple left turn lanes at each approach, dual eastbound and westbound right turn lanes, single right turn lanes for the southbound and northbound approaches, with a channelized northbound right turn lane. The analyses indicate that the intersection is projected to continue to operate acceptably under Total Traffic conditions until the Year 2020 with the PD&E recommended improvements Table 8 shows the results from the SYNCHRO@ analyses. The analyses show that the PM Peak Petiod experiences increased delays until total intersection failwe occurs in 2020. The AM Peak Period experiences increased delays until total intersection failure occurs in 202 \. us ~ltSR 951 7 1:\Pro)ect$\809\80915\TrafffclMlY 2001 Upd"t:~1S_HeM-OO).doc: ....... p,qenda Item No. 88 j-J",]vember 13. 2007 Page 64 of 139 ~ .. ;:; 1-1 li .. E .. l<l l<l li '" ~ '" '" ia li '" !': '" .. ~ li '" !': '" " 1-1 li w ~ w .. ~ li w t 0 ~ :'l li 0 E 0 ... :'l 11 0 !: 0 M :'l li 0 t '0 N i'l li 0 <Xl !': 0 ~ :'l III li ~ 0 .lIS I 1 ~ f I !il "' ~ '" '::l ... ~ :.... Agenda Item ~jo. 88 November 13, 2007 Page 65 of 139 ApPENDIX . SYNCHROs 6.0 AnalysIs Printouts Kit. US4IISfl. 9S1 Appendix "'0 ,';QenC2 ilSlTi 1\10. [;8 t~ov~mltl8r 13, 2Cl07 Page 66 of 139 TImings I: U.S. 41 & Collier Blvd. Year2011-U.S4I1S.R 951 2011.AM .J- - "') (" - -\.. "\ t /" \. ~ ./ ~ - ~ H1nImum I'~ DllBIIIltII ~,\ iiii ii;,. ~ Aetu>ted "'tIo - -1iI~ II ~;f Prot -rft:fr:N ':it r+OY Ifdl --- nil "I~ ~ .- ~ ,. ~~ fill Pro< ] f-JrIIII 8 ~. 'J:,: S ;('l.-, -.i:~',' ,', ;:v . , p~ 4 - 1.0 4,0 1.0 4.0 4,0 -1.0 Y 4,0 4,0 1.0 ..:t.rl:ulli '~ ~t' -- Ii 20.0 38.0 60.0 141... ~ 48.0 ~t 52.0 52-0 ~~2.0 52.0 - _IMI IBIlI "'ftl .~"!IlI" ~ -<1 3,0 1.5 3f 4.5 3.0 ~ 4. 3.r 1.5 1.5 - -_. "'III I L rw Lead Lead ~ _Lu L"d Lead Lead 11 ~ ~ '---'- -, 't - Nonl!l C-Mln NOfNl <:i~- ~.~na:~ None Max ~ 1~~~- ........."..--. ~IL 0.10 0.28 0,43 0.03 2 0.57 0.5 0.20 0,20 0.36 0.10 O. 37.5 20.5 37~ 70,4 50,7 ~ 52.8 32.4 4.4 29,7 16.0 1.2 _,.~IRmr. "'- Ii ~, ................- Ill.. .11' ilil1ii...........I". ..... 37.5 20.5 37.9 7ifi 50.7 8.7~ 32.4 4.4 29.7 46,0 1.2 - - I - -s ~_&;;11._1l'\t ~I~- -" .,..-~-~ ._~ 32.2 371h. 12~ 39.6 iJIl - - ....v TOQIDelay -- ~ ~.~~-.--::- ~~I~~'"~ -~, ~; ~-;-'-~cl~:---::- "-,~-_- ';,~)';., '.~'~-;-!-"'~:-; -~,,-:-~ ~-~, III .m~~...m__.- NilfUraljle: 110 Il!lllIrA!l MaxImum ,Ie Ib:do: 0.904 _41111l1lllii!1 1ru:ersecd~t1[lIatIOn80.0% ~ ~ _ . ". , t;\'1t;::'/~..y- ;f,f::.-fJi"t ,-.t ,x"..j,,'j1~~\'" _ ; "'~i'"~"::,, I' ~ n- '~€'''::''t " ':.':.\~),\:,: .:.'i~':' '-:~ ;'"-,, :.' ,,:.--: ,;<,,~,~<,;.,- ,~~' r; ~ . ~< :. ~~I ;W"", ~".:1I/,,?'..;'1'1'1;'~d;lj':~-I\'i~( ~l,; rf: f l~t~~'l'''':o''~';<::;: ""i~; ::..' ;~~7i;":f ; ,:,:.J:-;';c.' 4, '.H" - . ,;:"~~l'~':,,,'!:.:,,....\'-'.I':",\, ':'>:: ~'I;~:j::.~-:l;,!.~'1Y~1~>';"'.-t,. ,;.' ",;."'-"i' ., ~:. 'J, ('~7"!,.<,~:~-,,:-:~:':;:"!'{'t~'':..:":"''3.,,,t';"-... '1:;r;~" -~:: .;.,~, ,,'..."!\.->-.l;, ::.('4 {",~,;i\~l ;~..-~f')!.~t.: I :. .,' ~.' .' {:t r,~lt.:-~. ,-:lr~S !.:~~;-,~\/<;:;-,'1 ;. ;,-':.:i7J';!'""'fl:r,~ f-;~;'1~ ,'1~'{' ': ,-'--~.(, II\MII'f:IM~~ leu level or Service 0 - tiil jV. 61812007 Vanml!l.& Dl)'for. UP Synchro 6 Report 1:\Prolem\809\8097S\Trafflc\May 2007 Update\SyttehroUO II_AM '11 Agenda Item ~,jo. 2<8 r,ovember ~,3, 2007 Page 67 of 139 HeM 5lgnall.od Intersection Capacity Analysis f: U S 4' & Collier Blvd. Year 2011. U 511/5.1\. 951 2011.AM -, -'::::.--::;-".f~,,'~.~-';; Iii. . /'" \. ~ .; _-~~UJ ~.O ~,O ~.O ~.O_ i,O ~.O 4,0 4.0 4,0 ~.o ~.O ~.O .__ J -- ~.. ill ~'Il II I'll '"'..,. - - :;, 1.00 0.85 1.00 t,gg, 0,85 Ii 1.00 ; 1:00 1.00 0.85 .-i~ ..diU fn1i1l ~_Id[ft m. /1", _1/ 1IrbIIJ1I1I- II _i5~i:; ~8 2i -1W i9~2 2256 ~.& 1357 JI05 ~631 .152-4 ..., ~~_~B=. -- . Jb___ ~. t' ~" ~ ........Ah6~ ~,.~ 0.92 0,92- -0.92 0.92 0,92 0.92 0,92 0192 .2.n 0.92 0.92 0.92 .. !-~Il~lfj fill 11!."....-.... Ii!! ..,;, -W&lLN - - Iflr~ ~ o . ~ 0 0 0 0 0 0 24 0 0 119 ,~; -- rnllBlL_' -3%' R- - _III .. _ .._~ - ~; .. Iii iiii w-..._-_.l!IlL.~ ~ I- Ai 5 2 23 1 6 67 1 8 7 4 IllI "'-yo- i -. I .3 31.5 49.5 4.0 23.2 65.8 100 2 . 20.9 ~2. i5.5 - 45.5 ..f - .. .. - '- '" t ~~ iiiiiL- r--- ~-- ~~- _"""'.HF 10. RTOR ~~.. ('IIlhl ~ ~ Attua G $ 0.19 0,9 0.36 0.40 O. C IIItlo 0.10 0.28 0.43 0.03 0.21 0.57 iiIiir---- A ~ __-~ _~--..,~ ~ 3.0 -J....A.. __~..-l& "'i't.~.t1t1';QPprr"'otl" Of6 Q'L eMO .~. 00,18 0~,;......0J!1 0.12 0.10 eO 38 Il~" ~!!lii .. !III !!!!!!!.: _Ill 1.11 -t,.1011 -lr i.- /e III.QI~; itB.47 0.92 0.61 0.84 0.39 0.88 Oil2 0.02 0.29 0.94 ~ tl...-----..:'''''' III "'~~~-.""I, ~1_~.!I!._,......."""'""""i Pr ....lonF. ~ 0.6r ~ I,ll 0025 0.91 0.92 I!!l 0,69 0..33 1.l!Q 1.00 ____ ~ .,iiiiL,,,,Rmu .... "1.- "'~1JN~If- ---- --- --- o . 35.0 20.3 4&. 60.9 i9.8 3.3 2.3 31.4 12,8 27.9 4 .6 ;'::;:-;;;-D~;;;;;-- 36T . 38.3 . _i I,? . iO.6 _----. ,_ _!Il!I';lI ----::::11III ~ -_JII -9 ~~\l:i_I!.-o1n--J.~i~- ma~~-~; IIlitJlil""-'.__Hn ....Ii ~tiIlUtlon"___!!W% ICl,JJ..~.jlfj!rvh:e 0 . ------..DIli\l!~,-o!i..-,4~ il- c Crttlcal uno Group 11Im 0.13 !'lllI 1.00 ...dI 23. Syne.hro , I\eport 1:\PrOlecu\809\8097S\TraffielM.y 2007 Upd.tolS)'llchro\2011_^H..y7 JV . 61812007 Vanasse Ie Daylor LtP Timings I: u.s. 41 & Collier Blvd. ~. ~,- ~ ~ fiiW iiii lBodl.... \lBIi ReaR Modo ~~ Actuated C P.atIo "J. _ t ~ - --~+ !'rot if Prot ~.... i-'.genda !i:sm !'-JO. 88 ~.Jovernber 13. 2807 Page 68 of j 39 '1'..,2011 - U,S.4IfS.R, 951 1011. PM ~J) ./ " ~ 1 4,0 :if 4.0 40 4.~ )i IBJlIl l:111~ . II 3" 48.0 48.0 18,0 34.0 11 WI {'fI ... _.1. ~-l ~'1 4.5 ..J.5 3.0 4.5 4.5 ,'--- '. tI 1e1 ~d Lead ~ ~ Ii ., -.e NOjA ~~~ Max Max __ -..I ""- 'ArB 0,1 0.3 OJ7 O. 2 0.15 0.15 -44.8 33:8 2.1 76.9 5 . 7.1 -44.8 33.8 2.1 76.9 7. 7. ..- 78,0 If8 4.0 , 8.0 1'1 ~~ Jl 4.5 4-~.r None eMln ~~i 0.03 0.22 4f ,ji 24.0 46.0 -~ 11II 3,0 4.5 ~ lead lead ~-_.- .~ None eMln. ~ '-u 0.17 OJ6 0.60 24.4 63.6 2/.9 636 571 57.1 21,9 24.4 6.1 48 I 33 33,9 3.9 Ac:tuatedCycto.~ .h.-. ~a.~17'yOtiB!iiil-_ ,'''~D ~90 . ~""".'-A~ IlEi1_ M2.xJmum vIe. Ratkr. 0.93 ~~,L__, _. ' ~;~~ - B 11I---.- - - "V Oil".-- --""--- Wi'll._~ 'l/ J -- _T _~-- ilJl~L~ ,..;;.::~ ~ L',,'! -....\.~ ':>"' r," ,:;:..,:.... , I-W~',~..~ . __n 1iia'0I" <. Ilhr ~'" '.;......,"..'_;.i: :,.'.,,'.'~' ~ ~ '. ~tI"~~ -"".., I,U 41 & Colli Blvd. <t't- .6 '1M .4 .~_ts 'q,: .7 nq\l, ~t't. JV. 618tl.007 Vll'1lUG & Dl)'lor. LlP Synchro 6 Report l:\Project.li\809\80975\Traffle\May 2007 UpdaUl\SYllchro\2011]M.sy7 Agenda ITem l\io. 88 November 13, 2007 Page 69 of 139 j- _......,- '-,\ t t' \. ~ iiriii~ . ~ ,~,.." -~ To,,1 Lo . . ~~ ~.~ I. 1 4.0 ~.O 4,~ 4.0 4,0 4.0 4.0 i---. == .. .~= ID ~;~ ~.. ~ -~ 1& ---mJw 1mV'"" r---d 1M 1,00 0.85 1,00 1,00 Q.llS \B.il 1.00 0,85 1,00 LPP I [;I --~ 11Im .- Ila ~ .. III __.....~J! II! Soul Flow 1......1 4; 1iI 271' 49.2 a ~ 4942 4&73_ 13S7 410S 4&31 -. _ _..a.1- -- '_ ,..-=:!:_...., ~Ir IllIIIlIIl!!! .., -- I~.., ~ ~~I~_ 4&73 JPl-4'i iW air PHF ~a J~2 ~R O'~l ~;~ ~n ~ ~~ ~u _ jj~ .~i ~ __n_ ,.? .r ~o .: n~~t.U 0 nrrO ~L ~_-"10_,_.h_ 0 iiiiiii=- ~~. ~,,~Ii ,~, A........ ~ 5 2 23 I & 67 3 8 7 4 ~ W,ilIlI . b ~ nIT : -.....-u _...lti::ilrY ~ . 20.0 40.3 68.3 3.2 23.S 37.S 28.0 41.S 41,S 14.0 27.5 27.5 .~! ~__.lI ___ ..Y(I-.--IRP-lWt!t~-.----.- '11_lf'l'I!O~lII. iRU ~ 0J.70,3~ ]d? 0.03_~ OJ3 0.23 0.37 J;7 0.12 0.25 0.25 ~R~. ~.~ilDh!llIllU:IIJ: ""'""I!m I ~1_Jdlf";II'- _ Rli_~ ,....;Ij,ttiil~1I ~ ~____~_~b...-.~* T.JL,A&.~ ;,;i\;do Proi., cO.16 ..tl' c050 0,02 0.17 dJ,28 0,22 cO.34 0,11 cO.23 rl8IItIII!J-w! ~ _Ill' f8 I...,........'B~~ ~~ ii!!!!lBII1~T- 1'l<t'Il~."",u,; \.. U vto ""-do 0.93 0.50 0.8S 0.51. Oll! 0,8~ 0,93 0.93 003 091 0.91 020 wmlmml r l ..-- -91:---- -'V. wtJ'.---hl ~ ~ _IIBl\Y.h.......- Pr on Fa 0.76 0.69 1.4 0,9& 0,95 0.92 0.69 0.67 0.24 HCM Signalized Intersection C.p.dty Analysis I: U.S 41 & Collier Blvd. Ye.r2011- U'sAI/S.1\. 9S1 1011 ,PM " 1 4.0 lit 0,8& " 1524 _1 Iii 0.92 !il 131 100 "J;">,,' 1?':.:1..,'~1!t';'<,._,";;1~!.~ 1.00 ~[ ,2.~ 3~.7 ._!lEUJt j5.2 ""'1 ,~~1I 60.,8. 47,9 il,2 Jim".-.~ ~5,8 -"-1 uL" <<.1 32.3 5.9 m; 57.0 36,7 l~.~m..-!I5II"- .Iff~"'~;1.v-IllB 36.6 57.7 "iIlIMIl..,_.l _<t.!II"-- _ I) . i. 1_'~1'1'\' ~ _ ~ . ___ ..". _~_, _' -:' ~ .' -~-,-- -- u._~~', " ,--<' ff",:>\;;' .H, I.>~'~~:ll'p . S' l:7Z~",',?;.::T~~-::1.~t 1"'h-<':~ ,".;;(Sjr:;r@-~l?'~~~"';, <~ 'h7)[$_f~~7-::.:,,~~: ';~~'~~-J:S- HCHV'oIume~ ~ - _. acln<:Udllntlon --fBIIrer- c CrltlaJ Lane Group ~~ . 'iF1~~~~~mo~' ~~~"'r~Tlil :- 'F~:\~'":. '~,'i r.:., ~::'i"; ".~:-:fi.:ih~,'1i~~~~,;f".:::il.:.:..t}~f >;;-0' :';:.'; \t~ t~ ~~ JV - 6/aJ2007 Vanlue Ie Caylor. LLP Synchro 6 Report 1:\Projecu\809\S097S\Trafflc\May 2007 Updll..te\SynchroU01IJM.sy7 Agenda Item I~o. S3 ~-Jovember 13. 2007 P::qe 70 of i 39 Timing. I: U.S. 41 & Cnlller Blvd Year 2012. U S,411S,R. 951 2012. AM "Jo - ,. f - '- i:. eo.dons IID~+++ ~"" ~~~' III' ~= 1ir tr.gj DttO'( .~ - ~ ~ 4,0 4,0 4.0 ~ to j,0 4.0 ~.O ~.O II'~LI A rm .II j'J1 38~ 60.0 ~~ ~6,P 48.0 22.0 ~it ~ 22.0 52,0 Ii lilll! - iaI- - If--- -;f ~ 3.0 4.5 WO ~.5 3.0 .J.5 jiI. ~r ~,5 ~.5 ~:~~~~: , ., 11 -.1 III , - II &~d \il:/ ~ Loa4 Lood Lead ~. t \I Rlft -- a ~ Non. .. ~ None ~OO, ~ ..........a 1Rl'.-.1I ,o,ctua"'" c_ 0.10 0,28 0.-13 0.03 .2 0 6 015 0.0 0.20 0,35 o 0 DAO ~~ Total Deb 37.8 21J r .-- iDr-tl1' '-'!!!1 37.B 21.1 jl,1 ~1.2 71.6 53,1 9.1 ..... -- ~- 71.6 3,1 91 55.2 55. 3~' - . 31.6 4, I 30.3 50,0 ~~ _ -- TAL 4.1 30.3 50 ~ ~, :i:,;;';:;;;d,~", - _ 34.3 . 39.6 4312 ~2.6 ~L___ ft_]lR art.' 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("'of- '...... t l' \. +,J ~- ~~W U.~L~Y ( ~ - Iii ...J:: iii P81 .t+ov ~ Perm;w. ~ ~.. _~_...III~- ofIllIIIlIl,...- _.. :_~- ......~~ =-. ..~ ;iiiC- ~.::: u~ ",j -4f~~_ ~;~ 4.~ 4'L_..1i?' ...J~O "~ Total t s 200 38.0 60.0 8.0 26.0 <18. 22.0 5 22.0 52.0 52 ~="""--:=:J'L ~.'" -IL._1W ~,.1f ",1t* 3.0 :1i ~ ,__ ~_~. ltI~ ..far l~L~.. w.- II lit -= .ale Mlr~J\ _ ill ~In ~ None Hi .; iiiii-.-~liIlu _n__ :T 1II'''JvIB _.&!!2!!3'"~" ---IILlli'iW'" .~ -- Acwa C '-o:ii' Q.28 ~L-..M)_ ~ 057 0.15 O.I? 0,19 0.36 MO 0.'10 __ ~ "'~I1....._.il1 .~"H ."------1 J.1n1...-1l.1l----..., 4 Cont.-ol 7 22,3 50,0 74,3 60.2 61 7 36.9 7.8 28.-1 6 4 1 387 22.3 50.0 7 J 602 M 617 3 9 7.8 2M 62.9 -;;:,.~.~. V JI "'~~ ~1fi't'F..t""'I_""~)xIiBO~L. -1-'- g ~J2! ' ~~4j~~.Jf4~ _,..._ LL . __1. ~- MaxImum vie katlo: 1.02 ~~'6r-\WJI't~::md'1: ~~~~ It 1l.il\.'IIilf III'I\w :,,-~., ,<,::-~ ",f/'- ~V~.;~~: ~~"""~."r-. ~--_._-~ .......-..... ;'\ "T.,~., ", ~," t! 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J],7- 65.7 __~_ -,.~_ w ~ n t.._.~.....,..,!1 _jIlim!l!.--.~ .J- - ") f - t' \. + ./ ~f~'r',J;. ..:.-;~~ '.,: I~,>:-". :~~':~U'ir: JV. 618n007 Vanlne &: Daylor tLP Synctlro 6 Report 1:\Proll!ctS\809\8097S\Traffk\May 2007 Update\SyncnroUO 14]MJy7 ..... .A,g:m:Ja ::sm :'~D. 33 !-~o\,,'enl:}er 13, 2CJ07 Flage (:,2 of ; 39 Timings I: U.S 41 & Collier Blvd Yea, 2015. US4115.1\. 951 1015-AM ~- iiiC ~~ =-llp iijii: =- ~~ __-R ,. ~.:~~ ~l_d. ~~ i~aID.IoY~ ~_:~ /"'\..~ .; ~~ ~ -= o . 4 . _ - I ID1 -I ... .. 4,0 4~ 4,0 4.0 ~O f,L 4JL 4.0 4.0.~ -m.~~ ~ _ 10-' -... ."T - - Db.. ,,~ 60.0 ~ 16.0 4.0 11,0 .JjO Iig 11.0 51.0 51,0 -~--;3";O~-;"-~':"'!'_ b. !Iii IIlIIaIiIll!il\oo ~ _L' ,- -lor It-_Jj -11'\1 "~II';i\II'" 3.0 4.! lill Ji.- 1iL liO,....JL .J.!. ... 1l1JVll.- __ ... - Load ~. _ IM!,y Load _J,@!! LSl,'l L,u Lot-.b!& P ,_ ~ -- 4---.. Ir-..... 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I.I.P Sync.hro 6 Report 1:\ProjtetSW09\80975\Traffic\May 2007 Updite.\Synchro\2016JM~y7 Agenda item !.~o. 88 November 13, 2007 Page 89 of 139 HeM Signalized Intersection Cap.clty An.ly.l. I : U S 41 Be Cnlller Blvd. Ye.r 2016 - U SAIIS.R. 951 2016.PM .Jo _. ('- ''\ t i> '. +./ ~'~'~L.~ ...... ~ P I- aI .ft .II JI. ~ :::; F 1.00 1.00 0.85 .00 1.00 0.85 1.00 .00 o.as 1.00 1.00 0.8~ St.td, FIo 4 4 484 87 9 2 494Q 256 4942 4673 3 4105 46 ~_~h.._!i_liL~fa P.,k-h or P 9 0.92 0.92 0,92 0.9 0.92 92 0.2 092 ~ """O:9i ~l 'p~l J',I: I: ;:~-~ ~ ~ ~;- _~_ _' 3" _~".A..Jf-A ~ _ 5 "fa..-~lt _J""b. ~~ k~ 1-1 7 -~IT 4 A .ted G...... 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Agenda Item No. 88 November 13, 2007 Page 9'\ of 139 HCM Slgn.,zed Intersection Capacity Analy,l, I: U.S 41 & COlllAl" Blvd. Ye.r2017 - U.SAI/S.R, 951 2017 - AM "" _..,- '-'\ t,... \. ~.J ~: ~ 1.00 I. 0 085 100 .00 0,85 I. 1.00 ,5 1.00 100 0.85 Sa 45 <1848 87 49 2 4940 2 56 ~4 46 1357 105 463 152 ~~~~fii=~~" ~ \i .~2 0.92 0.92 ?i~1i92 0.92 0.92 0.92 0.92 _ ~ W I -,...-~ ~ ! ~llmr' ~ ~.;~~,i:A;"lt"'I!:. -J--~:: ~ iiT:~" "::~]. = ~~:I~;~! :tlJllY'.k +- _.....~~ A A .tad Gr G. 13.3 15 49.5 4.0 22. 64.8 I 0 20 20.9 42.6 455 455 .~1[ ~~~1=~~0;& ~ 0~19 ~ 0.36 0~40 ~,-_~__.~U~=A:~:~~~ ;~ vi. /\ado at 0.07 0.15 cM6 0,02 cO 0,26 0 0.14 0.12 cO." _...~~ 0,60 .06 1.02 0.46 v/cfl.atlo 0.55 0.72 1.03 0,7 0, 3 0.34 1.11 0.15 Pro ....Ion Fa_ 0.70 0.61 I,ll 0.9 0,94 0.93 0.81 0,71 . 0.48 1.00 .00 1.00 ~~~=.=-.W~~ 77.6 3iW.8 28,5 rii 23.5 ~ "', .....irelil!!lll 'IIl!m.mo. !l!!D!il1l roach Del ~ s ,55.5 57.0 '6,6 75.5 =~~ _.6f ,- -. dall-" JMV'~.. - II ~= ~ ~""'W~-....'''''''~~~ ~90~E !!ill\'l~ ~Ill"''"'!!ll~ c CrItical Lane Group " ' N. 61812007 Vanasse & Daylor. LLP Synchro 61l.eport t~\Pl'"oJecu\809\8091S\Tnme\M.y 2007 Updue\Synchro\20 1'..AM $y7 ., P,genda i:em r\jo. ~;B t\ovemtler 13. 2007 F'age 92 of '139 Timings I: U.S. 41 & Collier Blvd. Year 2017 - U541/S.R. 951 2017. PM .J- - .. .f - '- " t ~ \. + ./ ~- ~. Perm~.J'I~ MiiiIII -'1 ~ .. IUUIJ'~' ~"f""- Actuated RltJo - 'i~+ ",. ~+ ~ Prot .+OY ill ~ ~ Perm PrOt &ii --w-. - IIBJ-.. '11-----'5- 8. ~ . .- I ~,O ~,O ~O ~.O ~.O ~.O It ~.O ~.O ~ .. -- ...J.l U - - ... flIT uJ I I 'ii ~~ .~O ~ riO 33,0 50'-10 18.0 35.0 35.0 - '~R ...- -, ~ .~ -4- 3.0 ~.5 3.0 ~5 3.0 ~5 ~~ 3~0 ~.5 ~, 1 ...- !rlll'- . .- D ,...,...-.--- lead wd. "1)- '" JI4 ~L1.._. LlI Lead ~~...w. ~ ~ ...D --- 1f<1Jllv ~ None C-Ir.:m !Iii" None None ~ / -~~~11~ ~ .....w..-m ~n_.____-;J5!i o 8 ,33 0.5 0.03 0.19 0.31 0,2~ 0.38 O. 8 0, 2 0.2 026 76.9 26,1 ~65 67.~ 7Vi ,~,,--.................,j,-- -- '-- 76,9 26.' ~65 67.0 86 ~ 783 ~~ -:, .l",,~ -)-:"; ~;-"i;.,. ~1 t 1,::';:__: 73.0 55.6 1.6 112.0 82.7 7.2 -~$RlI~ 1.6 112. 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BJii9iU - '_, D l::;~t~-i"; ;,,1,',11<0 ,~,_ '",'1k;\l?\ ~.'~ ,~ji2'r0!l.~;;;ll~~ ~'::f,!~l~:',~*.~IU,~!f~":" .. .;. - :it!! ~{.J Jr,}: t":r;;l"-=-....' ; i'::."V ~~;.,"~~,l <'~;:::/;;)}-: J'i';-:~:~'7,:.';1,,, 'tt-r!,,:r-;'::1t~.J1'1:: ~O::;(\~\'. :':"~~\;:;f',Ii ~-li!I ~l--'*i~~ .4 ~ .a "!\.~}i IV. 6/812007 Vanu.. & Caylot, LLP Synchro 6 Report 1:\Prolem.\809\S097S\Tnfflc\May 2007 Updue\Synchro\lO 17]M sy7 " Agenda item f\lo. 8B tiovelllber 13. 2007 Page 93 of 139 HCM Signalized Intersection Capacity Analysis I- US 41 & Collier Blvd. Year 2017 - U SAIIS.R. 951 2017 . PM - ,. .(' ~.--~~~'1'1~~ ~ ~1" ~~ to '1 ~=L 4.0 4.0. 4,0 4,0 4.0 #l 4.0 i - ,--- .- ....... --ilr--" ndil Frt - :::: " -'~~.1i0 O,~ 1.00 1.00 0L..,!iR ~lr 0.85 1.00 1.00 0.85 MIB I lQ) ~ -----.- II ~ ..JiLlIl W-- -~,~ Sat<! flow 4 4 8 2787 494 4940 5 4942 46 3 4105 631 152 ~, .~JJI ~F J,92 O~ :ii a 0.92 0.92 1,9f ~2 fJ;,92 OJ ~92 0,92 fii;;;;; ....~-" - ..- ........ . 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C.Mln M,!\ ~No.!!ll MIx....!:!!l! -' lIln ~iliIfIIIIIIIIbI... , .-" U _,..~......IDIlII17---'1Wi'A.'-.._". . 0.11 ~~,__ Ml O.oj QJQ 0.56 0,15 0.20 0,20 0.35 .~ _n~~~ ' 1W --II'~ IIRI6k ~~ 40.4 24.5 78.0 808 87. 9,7 84.0 35.8 6,1 30,1 1016 -t:r,]J~~.n_II.J~~LI .11I.- .J- - ~ (" - '- ''"il'::\~\,,' -"-"'1h_~' _ :..: _~_ _1 ,~. .",'~ '___< ~ --'~:.;~~ ~ ,,-, ~"r,- I '~ :;-~;:-.-", ~ "'-~(~" ,{.~.?J " -1=;~~0~;,;r?:,,'t;i';~Z-':,\~- ,-~ _f."--7)':: -,. .;-;- -=:: ., , ~~:""7~;~ :.~,~,\,;'<~ \';.l;"S;.,iS-~ ~UD_~~6...~:~_~[~m 55.9 '-----"'-_j'l'f- - 87.8 9.7 ~~n -, 61.1 .pw., ~J~'~~ ~ I T .Alii;; 6.1 30,1 101.6 DlIf!.Il......~.-. 80.8 4.1 ... Toul o.l.~ ~- ~ _.i! ~""lb.i.!.L . .~~~~............... 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PM ~ ,~~ \. ~ .' ~~ pt+O'l' El:9!.- Perm Prot p~ .JIIII!" "111'".....1 -- _ If 8.... ~~ ~.O ~.O ---1,0 ~.O ~.O ~.O 4.0 ~... ISIHI.~' ~.lWIfJUHg{ V r:t!l 28.0 46,0 33.0 50.0 50.0 18.0 35.0 35.0 _ .. .,,-._._.JlJ~r ~Il!m ~.5 3.0~.5~ 3.0 4.5 ~.s ~........ b.i Irt'. ._".. .__ AIm .0 t.o>~_..!.!!L-.l.!!d ..1i!.L b!K.. Ex 'lf~~ lL~l""'b ~J ___ WQaGl"I M;x f:one None None Max Max w..... "'_.~--_. 7Piv'---~=wd 0.31 0.2~ 0.38 0 38 0.i6 0.2 ~ ~al P......lli! P1w.. 1!Ml!III__. ..., Bill , ~J filii 'r" ReaU MOde ~ Actua -" f'-'.... t r ~I-"-~~~ .J- .-.- .- -= -1f 4,2.... 10 .ill .M.O 77.0 ~ - ~1I1II01lUJ I!IIlI ~ 3.0 ~.5 ,],0 - ....-l. . Jr --- -III! Lead Lead !,g,.!.!I. ...s~EI___j. ""'- J'.A1iIt.'~ ..tL0U!L-~ Nons eMf" c_. W- ...dDlII!ll!-llll.tB1- 0.17 OJ3. 0.58 0.03 020 ConlrQ/ PoI,y _ ---1q,D.7 __~J. 67.6 80.5 77.2 ~u ~~~r.JIt~~~.~_''''''''''''"T'~' T~ 100.7 26.9 s3L 67.6 80,5 77:1 81.3 JllllI.. "" ~-"~m..-.,."",,..~......... ..mt!!IIIl ~ 56L ~-i-- ..~_A! -- 78.5 ..LDt_:n '!9 64,1'., liB. 119.~ 9M 9.2 ~: ..JQJW'''-w,~:",-'''4 64.1 1.8 119.4 90.4 9.2 11Jll-~ 70.0 83.6 l..~ A~.._~ ~ I".-,,-;~,~.,L' _.' '_".-', -, . .J, _'~ ~_:___..'.___:_~.:.~,_"~: tNI~t I O':~-!" "(.J . ."':~'~-=-;:,~T~c\J;' ":,-,GIL"i,"'; ~"l --:, ~~t ,;..; :.. -::;::'<~-.y::\'y~,~",-:r;--I :.: :'~~.j}.! !,':-,,'1-"~J~r-~~~ A"",," Cycle L~) 120 ~nAli~f1ir.t'i"_L-R~m:nr_rrn~ ~._.- Nawra1~ ~~ml~~ ~~~~~,. ~~ ~--~!!iliI'Illli~---------_._~'-: l~hl~~i~l6ol."''GI<lIBmW~Il ~ - ~~~lmi~~ Intet"Jec:tfonCapad~~J!!.~W.l...' Ic;ULevelofS~~J...~ ~~..m rt_do~~<' ll!_.lln ili:llD_ -,~--~^-_._--'"~ --ma Co ler Blvd. "';J!i~ 0, ;~~:~!" ~.8 ~.7 :-r;'-'l fl'r. jV-61Bt2007 Vanasse &; Daylor. LLP Synchro 6 1\~port 1:\PrcJeas\809\8097S\Tn.ffI,\May 2007 Update\5yochroUOI8_PM,sy7 Agenda Item t-Jo. 88 November 13, 2007 Page 97 of 139 HeM Signalized Intersection Capacity Analysis I~ u.s. 41 & Collier Blvd. Year 2018. U S411S.R. 951 2018. PM ~n. ~- ~-':: . ~ ~:'~.-::-:i.dll~~': .- a. LA_. .~. .~ ~ .4,g,.. 4.0 ~ Ji 4.0 4.0 ~ 4<2, 11& 4.0 jB 4.0 ::::~ ___..... _ II' ,~IaD___ r n.- _.. '_ 1M . ,00 1.00 9M 1.00 1.00 0.B5 J.~O IjjjOO 0.85 1.00 1.00 0.B5 _......!!!l .rll;~;;;:---!"~ ~~ IR'IIL III 11I_,. .... -~- w ua. 5.td, 4 4 4B 2787 2 4940:U 9 4673 357 4105 463 152 ~ _ =~ ~~-~ Ii ~fJW iA ~ =]i:iir...i ~ ~ ~ 092 092 ~ 092 O~ ~ 'illll 0 0 0 i 0 ~O 28. 0 0 253 ~ --~~"'iI!III~; 3%- "'V r....~-- t"?~i!'i!l 1'1...._ tJIl ~ ~mJll!.~If!iilj....JA ~ 5 2 H. I 6 6Z 3 B 7 4 _._ ..... ~_llI,lIm ----11_ ...u~.. _,,_[;.--..~~ -!flUIlm ......IM G G , 20 375 66.S 4.0 21,5 3 .5 29.0 435 43.5 4.0 28.5 285 ~;';;iC;;-~:- ~ ~ 0.2~ oj 0,2i ~ 0,26 0.26 ~.~ ~.IlOlIII!.-.Ii\ll~..__!il ~rL:~~-d~ ,to 00 Pro' O.IS 021 cO,59 0.02 0.20 cO.33 0.26 dl.40 0 I cO 8 ~ - "t ., ..- , ~ t t'" \.. '" .1}l;,g,~ !,-:;\::~,j:-."'7{.~~ . ~)':"'.... r slon FittOl" ...-J. .IO~ 0.55 1.02 -- ftto ~rr~ 0.80 73 1.32 0.9 0.96 1.05 1.07 1.05 0.03 ~~ 0.94 O. 5 0.73 0.2 dr, -,-I;;} ~ln' ~'~";'~:r.rs:"~ "'.':: 12:....; 1.10 1.07 030 1.00 I. 1.00 P.!l!ti.l IOU ..3!.!.. 62.2 58.7 SI.O _ S~~ 63.4 5.0 123.5 92.4 37.7 ~ _~, llfj~iHilW~~.---L1 FI!!i~'~"H ..m!ll!l.l.rr=,d.-I lII1 ;;;,;;:;;~ ~!J. _--.liL 69.S 90.6 ~~_ --~e,. _~_,_~11:! J~IalR\. 115o~l!I:i _,~~-_~',"........e..,..... de - _'CMVOI,"C'd"'.. 1.0 ---- ____-'--\!I\Ii!lI'lllInl_~-..~~......~ lnterualon Ca at U llIutlon 1.1% CU le of Se ce F -~ c: Crltk:al Lane Group rv . 6/512007 Vanaue & Oaylol". t.LP Synchro 6 Report 1:\Proll!cu\S09\80975\Tnffl(\May 2007 Updtte\5ynchroUO 18YMsy1 ,b,';Jen;,,13 it8m i\jo. 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U.S.4I/SR. 951 2019-AM laiMi Lane Cooj\ ~ ~ 1'; 0 e I L ./ ill~~ ~ Frt 1.00 1.00 .8 .00 1.00 85 I .00 0.8 \.00 1.00 0.85 ~ _'."""_ 4545 Jit 278_942 4940 2256 4942 4673 135~ 4105 4631 1524 ;;;t. &AJwr~ f~i .""''' pOI, ~ ;~~;--:;I""~ P -ho orPHF 092 0,92 0.9 0.92 0.92 92 ~":-1 ~_~~~~~~j__.J.A_'-~ ~}! 1 '~;...~: ~iiiji;;_"~;_______.__"'"'___~ 'I" 1."~-J.:1 Pr eel ,.. 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Agellci8 ItBm l"jo. 88 l'-Jov~mb9r i 3_ 2007 Page 100 of ~,39 Timings I: U.S. 4' & Collier Blvd Year 2019. U SAIIS.II, 951 2019. PM .-J-_...... f-'~ t r.....~.; r~r 1_ l~~~+++ "" 1Wtt i~ ~ Prot i'+ov Pret .PJ_. Pret _.hr.'!' ErE! ~ AIIImlIa-~- V~ 1& 'V'" "~fI1 IWl_. ~:iIaII 11II Pe!m!tt.d Ph,!r.. 8 .. ~_ ___~_ ~ _'_ T ~ JOV'..... -.(,0 1f. - Jr~ ,~- 1n ~f "'f \i :r~15.l>1!\1.) :a,o ~4~ no 8,0 2~. ~6.0 ..a!. 50,Q 50.0 18.0 35,0 35,0 ~ shw ~i1~D~~1TI~W'" _I v~....ra..-..!r-r. ~--~'.J III Yellow])....OO 3.0 .~ 3,[.y 3.0 <IS ..5 3.0 B .s ~-_W111 i.~.l!!'l lllj- ~- ~_~~~_A. gdjlf'RDr~ ~ ~_._. Lead ~ !iL.... L!! L..~ .!.l,d Lead Log !&-!!Il ~ . -' ---1iBiIi .. .....-.....'P -~'iIIt',_ -,_. --r Reali M~__ ~ C-Mln None ~ ~ None None Max ~ ~~j.Hli _-=...-..m~ Ji _M l_m__WIlll(MJ'tl i-"-~rlilq __or __~liAfI ~ 0.17 0.33 .ML. ~O 0.32 0.2L.. 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L,~;elldd ile:T1 !\jo, 3B l-Jovember 13, 2007 Pa;]e -;02 of 139 Timings I: U.S 41 & Collier Blvd. Yea,. 2020 - U.5411S.R, 951 2020 - AM - - ~" Turn Tvoe ~'" ..- i;;~- ft>~-' ~- TotalS lit s 4.0 .- 60.0 80 '4.0 "11 26.0 48. 4.0 'f.". 22.0 ~4.0 ,... 20.0 4.0 r!! 38.0 3.0 ...,.j S 4.5 3.0 4.5 _4~ _ -~~. _________m_j!J1~Ai ~ lOld lead lead loll lu I;!& III Q .~",-Itr~ .-- ~ Max None None None Max Max -_-_..l~___ 0.Jl.. 0.20 ~ O.J.4 0,40 MO ~~...~ 98.8 34.6 5 I 31.1 124.0 ~{,l 3.0 4,~ lJ! 4.5 ~ -"""'----'"'.LIt~ m~- -~...~lIn l..dIlu' lead Lead lJl, UK ~ ~'fi II m-mJ! 1II_ ~112:!!! ~ ~t1ln None Cf1D ~__~_..........;iIl,I~"'" -.........1IIlI04, Actuated JtfC__~dQ_ _ u.-----PJJ 0.28 OAJ 0,03' 9.2L ~ ~~l\~~_,Jh.__ 'W-~AB8t Control Del 41.3 2S 9 ~6 .9 108.6 105 lSI& ~~ ~ ~4IU-i 41.3 _BlIll'''''' 9S.L_M,!,....lQM 105 ....J1,,8 34.6 5.1 31.1 124,0 4.1 ~lI...._-_._---_.__..._.-'IIT-.""'4 74,0 €z,f 97.5 ._~~!!l1iI'-WM~_mu-. w.._..._ 'j.1/fl: ~1Ba iI! 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'.. :--'r.~m_=-- ____11_= ..--- ~- - Ii,. m __ =~ l~ :i:~ m:l--,-iL..A. .r.. ~ju..,...IOQ ~3 0,8, S. . rot S<4 ~ll'I 2787 942 ~9<!0 2256 494 4673 JS7 105 ~631 !ill ~=-: '-:~..~. ~~ ;;;;:F :: .. :~~:~~i:li i~ MLr~" ~...s.i;,.JJ~ ~ ~~~~~.'~ ~~:O'----:-:~--i:;-1;--~ _d ~~ Proeaed .... 5 2 23 I 6 67 " 7 ~ ....1M;:I- LZ!lII; ~Ji' -Ill U'j~lfilB1m-=J'WM'J:" ~""--i'!'1Il! 11:&if:JHlTjrnirr--'! _fA ~.'~ 'n.o~ 37 66.5' ~.o ...lli..-35.5 29.0 43.5 43.5 14.0 28.5 At. ~r.w-.......~t~i'HSmMf~~-- AClIl' ed C do 0.17 . 0.33 0.57 0.0 020 0.32 D.2~ 0.38 0.38 0.12 0 6 0.6 ~="i:~~,~..4~'i--_._-L~.~~ Rat 0 Pro< 0.9 0.22 .6 0.02. 0.2 cO.35 OJ.7 eM2 .13 c{l.29 v, Ratio 1.1 0.66 0.58 1.07 1.10 .12 1.10 0.Q.4 1.1 O.H ~.'loctOr_' ~W Del s :Ii';.....&~ 0.97 0.96 0.94 0.76 ~a'l--Il!ffiitI\J:'...- '-J L--.__u R" 119.6 2 .7 76.0 60. 96.8 10 .7 100.3 0.75 0.25 1.00 'l1r.:""~-'_'_~'iUr""" 82.1 5.7 143.2 7,~');{:;f,71+1-'\:-'~..t' 1.13 '.00 112.2 1.00 38. ~ 72.im 97.8 88.3 107.2 -c- aJ:<'~--'_4il._ ... ,A ..... _ ~ '1:-'- --'" _~__r_" I~ - ~1ilIIllllil\l!O,~_ \111~ _MIIIlllI"""'---.......-... . 94. %. _ leu of.a?~_ . 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';.~:;))rJ'~; JV. 61812007 Vanalle & Daylor.lLP Synchro 6 Report l:\ProjeetS\809\S097S\Traffic\May 2007 Update\Synchro\20ll_PM sy7 Age;'lda :terr, l\io. 8a No'.!ern~er 13. 2007 Page 114 of 139 Item VI.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 7, 2006 I. NAME OF PETITIONER/PRO.JECT: Petition Name: Applicant/Developer: Engineering/Planning Consultant: Environmcntal Consultant: Planned Unit Development No. PUDZ-A-2006-AR-9374 Naples Reserve RPUD Naples Reserve, LLC RWA, Inc. Southern Iliomes, Inc. - Division of EnvirOlIDlental Services Petition No.: II. LOCATION: Thc subject property is an undeveloped 688 acre parccllocated approximately one quarter 1/4 mile nOlth of US-41 and two (2) miles east of Collier Boulevard (CR- 951) in Section 1, Township 51 South, Range 26 East, Collicr County, Florida. III. DESCRIPTION OF SURROUNDING PROl)ERTIES: The project site is bordered to the north and west by undeveloped land, to the east by agricultural activities, and to the south by partially developed and undeveloped pro pelty. ZONING DESCRIPTION N- Agricultural (Ilelle Meade NRP A) Forested (Picayune Strand State Forest) S - PUD (Walnut Lakes) Agricultural Partially Developed Fallow Farm Fields and Forested E- Agricultural Farm Fields w- PUD (Winding Cypress DR!) Partially Developed EAC Meeting Aaenda Item 1\.]0. 38 N-ovember 13. 2007 Page 115 of 139 Page 2 of 12 IV. PROJECT DESCRIPTION: The Naples Reserve RPUD shall be a residential development consisting of a mixture of single-family and multi-family residences. TIlis PlJDZ-A proposes to add 612 units to the existing PUD known as Naples Reserve Golf Club for a maximum of 1154 residential dwelling units (including attached and detached single-family villas). The gross project density, therefore, shall be a maximum of 1.68 dwelling units per acre. The commercial acreage and 18 holes ofthe 36 hole golf course has been eliminated. The subject property was previously approved on.June 8, 1999 for Ordinance No. 99-42 as Naples Reserve Golf Club PUD. The subject property contained 688 acres, with 3.50 acres for commercial use and 552 residential units at a density of 1.50 units per acres and a 36 hole golf course. Two extensions for the previously approved PUD were granted: AR- 5107 Robert Duane of Hole Montes requesting a zoning letter addressing two issues: the extension of the PUD zoning for Naples Reserve that sunsets the 8th of June 2004 which is 5 years li'om the date of approval; and, whether density blending can be implemented for Naples Reserve during the platting or SDP process as opposed to rezoning the propel1Y. AR- 5752 Robert Duane of Hole Montes, Inc., representing Naples Reserve Golf Club, Inc., in requesting a PUD zoning extension for PUD-99-03, Naples Reserve Golf Club. TIlis request is for two 2-year extensions to be granted simultaneously from June 8th, 2004 the date of the PUD expiration to June 8th, 2008. Revised title (4/22/04) Petition: PUDEX -2004-AR-5752. (KD) Naples Reserve Golf Club, Inc., represented by Robert Duane, A.I.C.P., of Hole Montes, Inc., requesting 2 two-year extensiom of the Naples Reserve Golf Club PUD pursuant to LDC Section 2.7.3.4.6. The propmiy is located 1.3:10 miles east of County Road 951 and approximately one mile north of US Highway 41, in Section I, Township 51 South, Range 26 East, Collier County, Florida, consisting of 68800 acres. SDP 2000-025, Naples Reserve Golf Club was approved on December 5, 2000 with entrance road, extension of utilities along the entrance road and turn lanes on US-41 constructed. The SDP is determined to be vested by the Engineering Services Depmtment. EAC Meeting ;1,aenda Item No. 88 r'.)~overnb'3r 13. 2007 Page '116 of 139 Page 3 of 12 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject project straddles two land-use designations; 310.94:1: acres is designated Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) and the remaining 377. I 6:1: acrcs is designated Agricultural/Rural (Rural Fringe Mixed Use District, Receiving Lands), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this pctition, the Urban Residential Fringe Subdistrict pell11its residcntial development at a maximum density of 1.5 DUI A or up to 2.5 DUI A via the transfer of up to ] DUI A !l'om lands designated as Rural fringe Mixed Use District, Sending. The base residential density llllowable for designated Receiving Lands is one unit per live gross acres, with a maximum density of one unit per gross acre achievable through the Transfer of Development Rights (TOR) process. This petition relies on multiplc provisions in the Puture Land Use Elemcnt to achieve consistency. The portion of the project located within the Urban (Urban- Mixed Use District, Residential Fringe Subdistrict) designated area is eligible il)r a density of2.5 DU/A or 777.35 DUs and the portion of the projeet located within the Agricultural/Rural designation is eligible for a density of] DIJ/A or 377.]6 DU s. (TDRs from lands designated Sending are required in order to achieve these maximum densities.) The requested project density of 1.77 DU/A or 1,154 DUs may be achieved as calculated above and distributed throughout the project acreage via the Density Blending provision in the FLUE. This project straddles the Urban Mixed Use and Rural Fringe Mixed Use District, Receiving Lands. As such the "Dcnsity Blending" provision of the (iMP intended to encourage unified plans of development and to preserve wctlands, wildlife habitat, and other natural features that cxist within properties that or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. ^ pOltion of this project is located within the Urban Residential Fringe Subdistrict. As such is to provide transitional densities between the Urban Designated Area and the AgriculturallR ural Area and may be allowed a maximum residential density 01'].5 units per gross acre. The project is required to provide a Transfer of Development Rights. The prim31Y purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable mcthod of protecting and conserving the most valuable environmental lands, including large comleetcd wetland systems and signilicant areas of habitat for listed species, while allowing property owners of such lands to EAC Meeting P.genda Item No. 88 November! 3. 2007 Page 117 of 139 Page 4 of 12 recoup lost value and dcvclopmcnt potcntial through an economically viable process of transfell'ing such rights to other more suitable lands. Within the Rural Fringe Mixed Use Disttict, residcntial density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map. The base residential density allowable for designated Receiving Lands is one (1) unit pcr fivc (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Rcceiving Lands through the TDR process is one (1) dwelling unit pel' acre. This maximum dcnsity is exclusive of the Density Blending provisions. Dwelling units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). The pctitioncr is not requesting additional density above the maximum dcnsity allowed; lOU/A. The PUD Document limits the maximum lot size for single-family detached dwelling units to 1 acre. The majority of the projcct dcvclopmcnt is within the Receiving area, which has bccn prcviously clearcd. The native vcgetation is located within the urban portion of the project which is proposed for preservation, as idcntified in the PUD Document and Master Plan. Comprehensive Planning staff defers to Environmcntal Scrvices staff for project consistency with this provision. The total project is 688 :t acres; 310.94:t acres within thc Urban Residential Fringe Subdistrict and 377.16::,: acrcs within thc Agricultural/Rural, RMFUD District, Rcceiving Lands. The minimum open space rcquircment of 70% for the portion of the project locatcd within the RFMUD, Receiving Lands is idcntilied in the I'LJD Documcnt and Master Plan. Specilic compliance will be dctcrmincd during Plat and SDP review. Refcr to the "Analysis of Density Blending Provision" above. (The cntire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These prescrvation requircments shall be calculated upon and apply to the total project area.) Comprehensive Planning statf defcrs to Environmental Services stafffor project consistency with CCME Policics. Based upon the above analysis, staff concludes that the proposed uses and density may be deemed consistcnt with the Future Land Use Element. Additionally, text revisions to the PUD document are needed, as noted above. EAC Meeting AClsnda Item ~,jo. 88 r~':::V'2llib'2r 13. 2007 Page 118 of 139 Page 5 of 12 Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards" . To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stOlmwater runoff, stormwater systems should be designed in such a way that discharged watcr docs not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water . (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attcmpts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention area(s), lake(s) and a wetland(s) to provide water quality retcntion and peak flow attenuation during storm evcnts. Pur,uanl to Ohjective 2.4 and Policies 2.4.1, a copy of the Environmental Impact Statement will be provided to staff and the Rookery Bay National Estuarine Research Reserve for their review. In aecordanec with Objective 6.4 and Policy 6.5.2, a 300 foot huffer (water management lake) is pl'Ovided along the north sidc of the property adjacent to the Natural Reservation (Belle Meade NRP A), to butler the Natural Reservation Ii'mn more intensive open space uses. In accordance with Policy 6.1.1, 25 % of the existing native vegetation shall be retained on-site and set aside as preserve areas with conscrvation casements prohibiting further development. On-site preserves are adjacent to each other and to adjoining ofT-site preserves. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintaincd free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Developmcnt Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (FIS) pursuant to Policy 6.1.8 has been satisfied. EAC Meeting Aaerlda item No. 88 N~overnber 13. 2007 Page 119 of 139 Page 6 of 12 Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall rcquire appropriate agency permits prior to the issuance of a final local development order pcrmitting site improvemcnts (Site Development Plan/Construction Plans). SFWMD and USACOE permits have bccn issucd for the site. In accordance with Policy 6.2.6, required preservation arcas arc identified on the PUD master plan. Allowable uses within the prcserve areas are included in the PUD document. Uses within preserve arcas shall not include any activity detrimental to drainage, Hood control, water conservation, crosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat managcmellt plans for listed species in accordance with Policy 7.\.2 are includcd in the Environmcntal Impact Statement (EIS). Pursuant to Policy 7.\.4, all development shall comply with applicable fcderal and state pcrmitting requirements regarding listed specics protcction. New listed species have been identificd on site since the prcvious PUD and SDP wcrc approved. Teclmical assistance/approval from the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) shall be required prior to Site Development Plan/Construction Plan amendmcnt approval. A copy of the EIS will he forwarded to the USFWS and FFWCC for their revicw. The Biological Opinion previously issued by thc USPWS is includcd as part of the EIS. VI. MAJOR ISSUES: Stormwater Mamll!ement: Naples Reserve sits in the "US 41 Outfall Swale No. I Basin". The site is cUlTently being used for Agricultural purposes and has a system of swales and ditches for drainage. Shcetflow in the area is generally north to south and ultimately flows to Rookery Bay via the Tamiami Canal, which Hows west into Henderson Creek. Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petilion, (hat is or will be reviewed and permitted by South Florida Water Management District (SPWMD), are cxcmpt from review by the EAC." County Staff could not find reference to a SFWMD pennit for this site on the SFWMD wcbsite, but due to the presence of wetlands on site, this petition will be reviewed by SFWMD. This will be a typical Residential/Golf Course devclopment employing interconnecled lakes and preserves to achieve water quality rdention and peak EAC Meeting .G.aenda It21Tl No 28 N-ovember 13. 2007 Page 120 of 139 Page 7 of 12 flow attenuation prior to discharge to the south at the southwest corner of the site. The offsite discharge will flow along the west propeliy line of Walnut Lakes and into the US 41 roadside (Tamiami) canal. Environmental: Site Description: The majority of the site was previously cleared and utilized for agricultural purposes. Site Development Plan No. SDP-2000-025 authorized clearing for lakes, residential areas, and other infrastructure improvements. Native forested areas remain in established preserves and in an un-cleared tract in the SW pOltion of the property. Immediately NE and contiguous to the PUD, in the Belle Meade NRP A, is a 320 acre off-site mitigation parcel previously used by the developer as mitigation for impacts to wetlands and listed species on-site. Wetlands: The proj ect site has reccived permits and penllit extensions from the South Florida Water Management District (Pennit #1 1-00090-S) and the U.S. Army Corps of Engineers (Permit 11199900619 IP-SB). All wetlands designated for impact were previously cleared and filled. A total of 47.03 acres of low quality wetlands were impacted. According to the lJSACOE permit for the project, of the 74.61 acres proposed for preservation, 55.67 acres are to be enhanced by removal of exotic vcgetation and restoration of the historic wctland condition. Also, along the fringes of the preserves, an additional 10.70 acres of cypress marsh and wading hiI'd foraging habitat will be created in areas previously cleared for agricultural purposes, and 5.24 acres of pine and palmetto uplands will be preserved and enhanced by removing exotics. The down stream portions of the waler management lakes adjacent to the preserves are to be enhanced hy planting native wetland vegetation water ward to a depth of 1.5 fect below control elevation. Additionally, 320 acres of off-site wetlands and uplands in Section 31 will be enhanced and/or restored, and tllen deeded to the Slale of Florida (FDEP). Details of the on and off site mitigation plans are included in thc USACOE permit and Ers. Preserves mus( me maintained free of exotics and not be allowed to retain a percentage of exotics as stated in the ErS. Preservation Reouirements: Pre-developmcnt indigcnous native vegetation on-site totaled 164.54 acres. At the time the PUD and SOP were approved, twenty-five percent of the existing native vegetation had to be retained on-sitc (164.54 aercs x .25 = 41.1 acres). Since the PUD and SDP wcre both previously approved and vegetation cleared in ~Agenda Item !~o. 38 Nov8mbei' 13. 2007 Page 121 of 139 EAC Meeting Page 8 of 12 accordance with the approved SOP, the native vegetation preservation requirement does not change. SOP 2000-025 was detem1ined to be vcsted by the Engineering Services Department. All preserves and the remaining un-cleared pOltion of the propel!y are all located in the Orban Residential Fringe Subdistrict pOltion of the PUD. CUl1'ently the subject property contains 75.31 acres of native habitat. The PUD proposes to preserve 63.91 acrcs of existing native habitat and restore an additional 10.70 acres of disturbed habitat into cyprcss marsh and wading bird foraging habitat, adjacent to the preserves. Native habitats on-site include hydric and non-hydric pine, pine-cypress, cypress and pine-palmetto. The preserves on site bave been designed to create large contiguous tmcts. Although the entrance road biscets the two preserves, the road was located to avoid wetland impacts and to follow the approximate location of the existing agricultural berm and ditch. Preserves on site are contiguous to off site preserves within Winding Cypress PUO and Walnut lakes PUD. Immcdiately south west and contiguous to the project's on-site preserves, is land owned by the State of Florida (FOEP). Listed Sllecies: The first listed species survey was conducted Juring the months of August 1998, and again in January and February of 1999. The most recent updated live day survey was conducted during the months of November and Decembcr of 2005. The primary function of the survey was to inspect the matmc slash pine trees lor potential red-eockaded woodpecker (RCW) cavity trees, and to obtain a general assessment of habitat conditions and sighting oflisted species. Ten listed species were observed during the survey update, American alligator (Alligator mississippiensis), great egret (Casmerodius albus), little blue heron (Egretta eaerulea), snowy egret (El!retta thula), tricolored heron (El!retta tricolor), white ibis (Eudoeimus albus), Florida sandhill crane (Orus canadensis pratensis), southern bald eagle (HaJiaeetus leueoeephalus), wood stork (Mvetcria amerieana) and Everglades snail kite (Rostrhamus soeiabiJis plul11beus). No red-coekaded woodpecker (RCW) cavity trees or RCW activity was observed during any of the survey events. Recent listed species surveys on the adjacent propel!y (Winding Cypress PUD) also did not discover any RCW activity. Red- cockaded woodpeckers are known to occur in areas north and cast of the project site in the Belle Meade NRPA. One immature bald eagle has been observed on several occasions flying over the south western edge of the property, and once perched in a pine tree near the EAC Meeting Agewja Item No, 88 ~-.JovelYlber 13, 2007 Page 122 of 139 Page 9 of 12 northern end of the preserve. The agricultural ditches in this arca may be providing foraging opportunities for this species since the eagle has been observed making low flights along the ditches. On several occasions, there were two, sometimes tlu'ee, sand hill cranes observed within the Jium fields. When observed Hying, they typically flew to thc cast or from the east. There have been one or two snail kites observed regularly along the eastern edge of the farm field, and have been seen landing on the oak trees planted along Greenway Road. To the east of the property are large extensive abandoned and active fan11 fields with numerous ditches, which the snail kites may be utilizing. Many of the perimeter ditches retain water for six to nine months of the year, offering foraging opportunities for wading birds. When the fields are active, they are either being pump dry or being filled to maintain a moisture regime throughout the fields. This practice provides year-round foraging habitat for wading birds. Typically, during the slIl'vey, woodstorks, white ibis, great egret, snowy egrct, and little blue heron were observed somewhere along the ditches. Occasionally, following a rain event, the farm JieJds have dozens of wading birds foraging in large flocks. Two alligators have been observed within the borrow pond and ditches on several occasions during and before the survey. It is likely that several other alligators are also located within the agricultural ditches, but were not observed. The U.S. Fish and Wildlife Service made a determination that the proposed development impacted Florida panther habitat. For compensation, 320 acres located contiguous to the north eastern corner of the propelty will he placed in a conservation easement, enhanced und deeded over to the State of Florida. The south cast p0l1ion of the off-site mitigation parcel contains an abandoned farm field which will be restored by creating open deprcssional areas within the center of the old fal111 ficld and planting the area with indigenous vegetation to mimic a cypress wet prairie ecosystem. A location map, FLUCFCS map, and the mitigation and maintenance plan for the ofT-site mitigation parcel is included in the ElS. EAC Meeting Agenc.la item t~o. 88 November 13, 2007 Page 123 of 139 Page 10 of 12 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-A-2006- AR-9374 "Naples Reserve RPUD" with the foJlowing conditions: Stormwater Manal!ement: I. The South Florida Water Management District issued ERP # 11-00090-S-02 on 13 January 2000 and a succession of modifications and extensions have been issued. The pemlit was trans[el1'ed to Naples Reserve LLC on 2 March 2007. No fiuther action is required. Environmental: No additional stipulations. EAC Meeting P,genca Item ['lO. 88 November 13. 2007 Page 1.24 or 139 Page 11 of12 PREPARED BY: STAN CHRZANOWSKI, r.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE SENIOR ENVIRONMENTAL SPEC!ALIST ENVIRONMENTAL SERVICES DEPARTMENT MICHAEL DcRUNTZ, CFtv! DATE PRlN CIP AL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting ft..aenda item I\jo. 88 tJovernber 13. 2007 Page 125 of ~i 39 rage 12 of 12 REVIEWED BY: BARBARAS.BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRI.lNG ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Agenda item f-JD. sa November 13. 2007 Page 126 of 139 ORDINfu'lCE NO, 07._ AN ORDINfu'lCE OF THE BOARD OF CODl'.,Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMEJ\'DING ORDL'IANCE NUvlBER 2004.41. AS AcMEJ\'DED. THE COLLIER COUNTY LAND DEVELOPMEl\, eODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGuLATIONS FOR THE Ul\1NCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMEi'mING THE APPROPRIATE ZONNG ATI.AS MAP OR MAPS BY C~"'GING TIIE ZONNG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (POO) ZOJo.1NG DISTRlCT TO A RESIDENTIAL PLk'lNED UNIT DEVELOPMENT (RPOO) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPOO BY ADDING 602 RESIDENTIAL DViELLING UNITS. FOR A TOTAL OF 1154 RESIDE:-ITLAL L')I]TS. FOR PROPERTY LOCATED ONEMll..E NORTH OFUS 41 A.'ID 1 l/2 MILES EAST OF COLLIER BOL'LEVARD (CR 951), IN SECTION I. TOVNSHlP 51 SOUTH. RA.NGE 26 EAST, COLLIER COUJ\,Y. FLORIDA, CONSISTNG OF 688+/, ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE "LY1JlER 99-42, THE FOMIER NAPLES RESERVE GOLF CLL13 PUD; AND BY PROVIDING A.'1 EFFECTIVE DATE, \VREREAS, the Board of County COffi."11issioners adopted Ordinance No. 99-42 establishing the Naples Reserve Golf Club P"LTI: and \VHEREAS, by Resolution 1'0. 04-219, the Board of County Commissioners extended the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and \oVHEREAS, Dwight :"-ladeau of RWA, L'1c., representing Anthony Salce of Gulf Coast Development Group, LC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW. THEREFORE, BE IT ORD/uNED BY THE BOARD OF COUNTY COIvlMISSIONERS OF COLLIER COL"ITY. FLORIDA, that: SECTION ONE: The zoning classification of The herein described real property located in Section 1, Township 51 South, Range 26 East, Collier County, Florida, is changed from a PI armed Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as :!\~aples Reserve Golf Club RPCD in accordance with the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or maps, as described in Ordinance ~wnber 2004-41. as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 Aoenda Item No. 88 !'~~olJen,ber 13. 2007 Page 127 of 139 SECTION TWO: Ordinance Number 9942, knOVl-"D as the Naples Reserve Golf Club POO, adopted on June 8, 1999. by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE This Ordinance shall become effecti ve upon filing with the Department of State. PA.sSED Al\TI DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2007. ATTEST: DWIGill E. BROCK, CLERK BOARD OF COUl\'TY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES eOLETTA. CKt.JRMAN Approved as to form and legal sufficiency: /yU.~", Oll9t"A"d-~ Marjo M. Studen't-Stirling Assistant County Attorney Exhibit A - List of Allowable Uses Exhibit B - Development Standards Table Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - Development Conunitments Page 2 of2 Table! ,L.,getloa :t9m ~,jo. 88 1'~:)Vember 13. 2007 F'age ~28 of 139 EXHIBIT A PROJECT LAND USE lRACTS TRACT "RG" TYPE RESIDENTIAL UNlTSIFT. 1154 ACREAGE" 6092 TRACT "RA" RECREA nON A.REA o 15.2 TRACT "P" PRESERVE o 63.7 I TRACT RG PERmTTED rSES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the follov..ing: A. Principal Uses: 1) Single-family detached dwellings; 2) Single-family attached dwellings (including to\vnhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single-family dwellings of a smaller scale than the typical smgle-family detached dwelling); 4) Multi-family dwellings; 5) Model homes; 6) Golf courses and related facilities; 7) Commercial excavations - surplus fill material generated by commercial excavation depths may be transported off-site only for use in the US-41 improvement project associated with this zoning approval; 8) Project sales, construction and adrrrinistrative offices, which may occur in residential, and/or in temporary. 9) Any other principal use which is comparable in nature v,rith the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA ") by the process outlined in the Land Development Code. A-I .Agenda Item I',c, 88 November 13, 2007 Page 129 of 139 B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, "]Jut not limited to, private garages, sViTimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. IT TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the follo"Wing: A. Principal Uses Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for llse by the residents and their guest only). 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball cowis, playground improvements/facilities, and passive and/oractive water features. 3) Any other principal use which 1S comparable in nature lkith the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals CBZA") by the process outlined in the Land Development Code. B. Accessory Uses: Accessory uses and structures customan1y associated with the pemritted principal uses and structures, including, but not limited to: I) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance. storage or shelter v.ith appropriate screening and landscaping. ill DEVELOPMENT STAc'IDARDS A. GENERAL: Development of The Naples Reserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (OMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. VVhere these regulations fail to provide developmental standards, then the pro\,"isions of the most similar district in the LDe shall apply. A-2 L,cenGa ! :9m ~'JO 83 r,tcV9)Tl~)er 13, 2007 ?age 130 of 139 Except as provided for herein, all cnteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or bernreen structures. Condominium,. and/or homeo'\lmers' association boundaries shall not be utilized for detennining development standards. There shall be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density_ B. Table I below sets forth the development standards for land uses \\'ithin the Residential POO 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. IV SIGNS For the purposes of this RPUD, the lDe provisions from Section 5.06.02.A.6. are applicable for off-premise signage. A-3 EXHIBIT B Aoenda Item No. 88 I'~ovember 13, 2007 Page 131 of 139 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS :~PR'~P1F&"~M1~~~~~~~~~rD~~~ij~~~#Jf&~~~J~A~f:~~~~,:t~~~~~r~ ~~~W:btd~hc';~\~~4~~,::.@t1'~"j1lf.t'.~r~~!.ii.~!(.it':.'iJJ:""r~:f.~t\':;'g:J\I:1;;~iJ~i!:*~~' ." MINIMUM LOT AREA 2,250 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 2.250 S.F. PER UNIT UNIT UNIT UNIT 1 A\:re NjA N/A NJA 40 FEET 25 FEET 25 FEET 25 FEET 1,000S.F 1,000 S.F 1,000 S.F 1,0005.F.jD.U. 10,000 S.F. MAXIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA N/A N A N/A MIN FRONT Y ARO 20 FEET 20 FEET 20 FEET 20 FEET MIN SIDE YARD 6 FEET o FEET or 3 FEET or GREATER OF 10 6 FEET 9 FEET FEET OR V;2 BH MIN REAR YARD 15 FEET 15 FEET 15 FEET 1 5 FEET MlN PRESERVE SETBAO:; 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 1 2 FEET 12 FEET 1 2 FEET GREATER OF 20 STRUCTURES FEET OR 1h THE SUMOFBH MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 75 FEET TO EXCEED (ACTUAL) N/A N/A N/A 25 FEET N/A 50 FEET S.P.S. 20 FEET. SIDE S.P.S. S.P.s. S.P.S. S.P.S. 1fI BH REAR (AITACHED) 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET !DRACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10FffT ]0 FEET 10 FEET 10 FEET 10 FEET MINIMUM 015T ANCE 12 FEET 12 FEET 1 2 FEET 1 2 FEET Greater of 1 5 BETWEEN SiRUCTURE5 feet or V~ BH MAX. BUILDING HEIGHT NOT 35 FEci 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED s.P.s. = Same as Principal Structures BH = Building Height _ unless otherwise noted, all building heights sholl be "zoned~ building heights, os defined in the LDC E-l Notes: A.genea Item 100. BB r\!OVemDer "j 3. 2007 PClele 132 of 139 1) No structures are permitted in the required 20-foot lake maintenance easement Ko setback is required - for structures adjacent to a lake maintenance easement 2) Side yards - No side yard shall be required between units when more than one residential unit is in a single structure (ie.: attached single-family and townhomes} Varying side yards arc provided to allow side entry garages and to maintain the required separation between buildings. 3) The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District, shall apply to residential land uses within this RPUD. 4) Terraced setbacks are permitted for either two or three story multi-family structures. Setbacks shall be measured from that ground floor exterior wall of J~ser height as long as a minimum 15 foot building ,van setback is provided as depicted in Figure 1 below. 5) Entrance fcatures (i.e.: monumentation, cIock. towers and colonnades) shall be limited in height to no greater than 50 feet which DJay be located at the project entrance. 6) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be prOvided perpendicular to the sidewalk to avoid vehicles being parked across a portiOD., or all of the referenced sidewalk. ~~D 0 I~.~ ~. ~~~ ~~/" .1 In -I '~ 'n ' 1"--1 [[] , '~.III [[] IIII{Y~ I u [OJ . PROPER'lY C"' Figure 1 B-2 aJr--m ~(") . 0 _~C'J C r0 Q) ~~ - Q) -..0'" .g?Eg> c:: ~n... ~O 0:':('2 .....~. - -.....- ~ ~ ::I" ";T' I ~.N:tfra .., atldlf I -';AJa~'~tdi:?N _ f~'~~ IIi I:!:':l~: ,.,"""""""'''''''' I' 'I" '.'. -, =,!"...,:~.~ :m'S;\.~5:.'GdY.!\/ _-"-...,:.n.:-o- . . .""~,, -- -=::::-~ -....:' :J1!q!'1x2 - ~ I . ,; h' I. I ,>::.:.::..- ,_ tH I .~..h J.fJ ,.,ii::iH , 'I' ,IHI r,lY ~ ~~ ~ ~~ ,,,.. '~, .[ ..~ .~-\ lij-- . ~10~ "l ~~" "". ~...~,' E .~ !!~~ij~ ~. ~ ., ~,,~. . ,', '€l' ~:'i:!,4 "'~,2,' _,., ~~"!;:t,,. .g,i':~:i ill ,. - .."~< IlJI Ii1I ~j ,,'1' 2.,a lW ii!;i;~ ~';~;~- W r ~ ! ,I ,!f !~. iln !f ~& ~~ H ~~: ~ - ~~ .!JU~ I _~!tlq! ' & ~ ;::), ~ ll}'25. c~. 'll<>: "'b' - 'llf'l r:l::l"'-' ...,3 '<l."' 9..: ~ N'lfld 1I3!S'lfW ;) !IS1HX3 EXHIBIT D Legal Description Aaenda Item No. 38 rSovemher 13, 2007 Pa~e 134 of 139 Section 1, To",'IlSrup 51 South, Range 26 East, Collier County, Florida EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LOe Agenda Item No. E:.B r'wvernber 13. 2007 Page 135 of 139 Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC Appendix B, Typical Street Section, B-2 and B-3, and Section ill, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 that requires 60 feet, to allow 50 feet. A 50-foot right-.of-\1o"aY is permitted in this RPUD to provide for flexibility in development design, subject to providing easements for required utilities generally parallel to the right-of-\vay. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. All platted project streets shall have a minimum 50~foot right~of~way. Deviation 1 from Sub-section 6.06.01(0) of the LOC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section ill, Exhibit "A", Design Requirements for Subclivisions C.B .e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exlubit C, RPUD Master Plan). These streets shall be private, and shall be classified as local streets. Deviation #2 seeks relief from Section m. Exhibit "A", Dcsign Requirements of Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66, that requiTes tangents to be provided between reverse curves on all streets. This RPUD v.rill not require tangents between reverse CUTVes ~ order to provide greater subdivision design flexibility. All internal roads within the RPUD win be private, and have low posted speed limits, and v,rill have a curvilinear design that has been shovm to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable deviation that has been applied throughout the Cormty, and does not comprise a risk to public health, safety and welfare. Tangents between reverse curves are not required for any local street design in this RPUD. De,iation 2 from Section m. Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier COWlty Construction Standards :M:anual adopted through Ordinance No. 2004-66. Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. In an effort to provide a variety of residence styles and floor plans v.itlrin the development, it is essential not to arbitrarily limit the opportunity of a home buyer to see t.~e creativity of the architecture proposed in a development:. To do so could result in monotonous tract housing reminiscent of the "new town" movement after the end of the World Vo.Tar IT. This deVlation is appropriate, and does not negatively affect the health and safety, nor welfare ofllie futw"e residents of the development. The Naples Reserve RPUD may have one modd home representing each type of residential product:. The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC Section 5.04.04.B5.c. that limits the total mnnber of model homes in a single development to five. E-l 6.,genCia item !'-io. ::JB t'Jo\/emoer 13. 2007 De"iation #4 seeks relief from Section III. E'<.hibit "A", Design Requirements of Subdivisions C.13.f. o.1?a98 136 of 139 the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66, limits cul-de-sac lengths to 1000 feet or less_ This RPUD may have cul.dc-sacs with lengths greater than 1000 feet. The RPlJD lands are relatively \Vithout topographic relief, so greater sight distances would allow longer dead-end streets without jeopardizing the safety of the future residents. Further, the turning radii of the terminal cul-de.sacs will meet or exceed applicable County and National Fire Protection Association requirements. Cul-de-sac lengths in the Naples Reserve RPUD may exceed 1000 feet. E-2 EXHIBIT F LIST OF DEVELOPER eOMMITMENTS p.genda Item 1\)0. 88 November 13. 2007 Page 137 of 139 TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Borida Department ofTransporlation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition. FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MIJTCD), current edition. B. Access Points sho\Vll on the RPUD 11aster Plan are considered to be conceptuaL Nothing depicted on any snch Master Plan shall vest any right of access at any specific point along any property bOlmdary_ The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. C. Site-related improvements (as opposed to system-related improvements) necessaI)' for safe ingress and egress to this project, as determined by Collier County, shall not be elig:tble for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. D. Nothing in any development order (DO) shall vest a right of access in excess of a right-in/right- out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety. operational circulation, and roadway capacity. E. If any required turn lane improvement requires the use of existing COlmty rights-oi-way or easementls), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final appro,,"al of the tmn lane design during the first subsequent development order (i.e.: site development plan/subdivision plat). The typical cross- section may not differ from the existing roadway unless approved, in ...Titing, by the Transportation Division Administrator, or his designee. F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement v.ithin a public right-of-way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such :improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the fustCO. F-! ,LI.,gend2 Item No. 88 November j 3, 2007 G. The RPl;"D Master Plan reflects a 100' ,",ide reservation for dedication along the westen?a-:1e 138 of 139 boundary of the RPIID. Should the County find that it is appropriate to improve that corridor, ~ the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation casement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request The developer shall provide a storm 'water management system vvithin the RPUD bormdary for treatmentlretcntion of storm water contributed from the 100 foot reservation_ UTILITIES A.l\'D ENGINEERJNG The development of this RPlJD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shaD reserve four areas to be dedicated to Collier County Water & Sewer District for raw water well easements with dimensions 100-foot by 100-foot each, and utilit~.,./access easements that shall be 20 feet v.':id.e unJess the wen site is contiguous to a public right of way. The approximate locations of these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan, or final plat approval for the area within the development phase that contains the respective well sites. At the time of the SDP and/or plat subrrrittal, the developer shall provide the wcll site easements that meet the standard setback requirements for water wells. If the surlace water management lakes for the subdivision are installed prior to the installation of production wells for the SER\oVTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface water management lakes are installed after the production wells a 300-foot setback shall. be required. The County has fw-ther requested a test well at one of the proposed \veIl sites. The County agrees that the desired test well ",ill not be converted into a production well until the water management lake proposed near the test well is constructed in accordance '?,rith the 50 foot setback standard. No additional production wens 'Will be installed until the project's water management lakes have been constructed or the year 2012, whichever is earlier. EJ'I'VIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on the RPUD Master Plan. F-2 Aaenda Item No. 88 N~ovember 13. 2007 Page 139 of 139 PLANNING A. One TDR credit shall be required for every five (5) gross acres ofRFMUD land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non~:irrigated and retained in a natural state. B. In order to increase residential density above the base density allowed in the Urban-Mixed Use District, Residential Fringe Subdistrict and the Agricultura1JRuraJ - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of which a nrin:imum of 311 IDR Credits shall be severed from Sending Lands within one mile of the Urban Area. C. Collier County and the Developer of the Naples Reserve RPUD have cooperated to address affordable housing impacts associated with the Naples Reserve RPUD. The follo'\\ing financial contribution shall be paid by the developer, or its successors and assigns, to the Collier Connty Affordable Housing Trust Fund. One thousand dollars ($1.000) per residential dwelling unit constructed v;i.thin the project shall be paid to Collier County within 7 days of the closing on each residential dwelling unit. The amount set forth herein shall be reduced by any amounts paid by the developer on behalf of Habitat for Humanity's pursuant to the Developer Contribution Agreement US 41 Developers Consortium (DCA) to fund the shortfall after Habitat for HWIUlllity's road impact fees are applied pursuant to the DCA. The payment of the sums set forth in this Section shan reflect a credit to the project's obligations to pay any fees that may be adopted in the_future by the ('..QUIlty relating to the provision of affordable or workforce housing. WATER Jl.Lo\NAGEMENT A. Constructed drainage facilities and structures shall be located outside the . boundaries - of conservation easements/preserves. B. The project's stonnwater management system shall be designed to fully contain the 100-yearn2- hour design storm event with a regulated discharge rate not to exceed 0.10 cfs/acre and no increase:in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum (NAVD). F.3 Agenda itell1l~o. Be November 13, 2007 F'age 1 ofj 1 0 .~ EXECUTIVE SUMMARY PUDA-2006-AR-10333, Stock Development LLC, represented by Richard D. Yoval1ovich of Goodlette, Coleman and Johnson, P.A., is requesting an amendment to the Lely, A Resort Community PUD to affect Phase 1 Tract 4 only. The amendment proposes amending Ordinance Number 92-15, which re-establish cd the Lely - A Resort Community Planned Unit Development (PUD) - by amending Section 2.07 entitled "Permitted Variations of Dwelling Units" to change variation standards; Section 5.02 entitled "Permitted Uses and Structures" to allow a mixed-use development (including C..2 and C-3 uses and up to 175 dwelling units) as a pe,'mitted use on the C-2 parcel fronting (IS-41; Section 5.03 entitled "Development Standat'ds" to add square footage requirements for C-2 and C-3 uses permitted in the commercial/professional (C-2) tract and to add development standards for the C-3 uses and residential uses permitted in the commercial/professional (C-2) tract; amending Exhibit H, tbe PUD Master Phlll; and providing an effective date OBJECTIVE: .--- To have the Board of County Commissioners (B(,(,) consider an amendment to the Lely, A Res0l1 Community PUD to pennit " mixed-us" development on the ('2 parcel li'onting US-4l. and to ensure that the project is in harmony with alllhe applicable codes ancl regulations in order to make certain that the communil y's interests arc maintainecl. CONSIDERATIONS: The proposed strike thru and undcrline Ordinance amendment proposes to amend Ordinance No. 92-15, Sections 2.07 (Pelmitted Variations of Dwelling Units) and 5.02 (Pe1111itted Uses and Structures), that would allow a mixed-use development on the C-2 parcel fronting US-4l at the intersection of Triangle Boulevard and US-4l. The development would contain retail and personal service uses as well as a variety of residential housing types. Up to one-hundred- seventy- five (175) multi-family dwelling units are proposed along with C-2 and C-3 uses. In addition. the vacant commercial parcel at Rattlesnake Hammock Road and Grand Lely Drive would be reconfigured to accommodate a new road realignment. The Lely, A Resort Community PUD was approved on March 20, 1992 at a density of 3.5 units per acre. The subject property contains a gross total of 2,892'" acres of land with 10, ISO residential units on 1,166 acres. The proposed PUD amendment docs not add additional resiclential uses above 10,150 dwelling units. It docs, however, provide for shifting residential uses allocated elsewhere in the PUD to Tract 4. As the property is located within an Urban Mixed-Use Activity Center Subdistrict, the project is suppOlied by GMP guidelines. - PtJDA-2006-AR-I 0333. Lely ReSUlt Page 1 of6 ,l\gEH1da item NO.3C ~~overnber 13, 2007 Page 2 of 110 FISCAL IMPACT: The PUD amendment, by and of its ell; will have no fiscal impact on Collier County. There is no guarantee that the project, at huild out, will maximize its authorized level of development, however, if the PlJD amendment is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of eaeh new development on publie facilities. These impact fees are used to fund projects ,identified in the Capital Improvement Element (eIE) of the Growth Management Plan IGMP) as needed to maintain adopted I ,evel of Service (f ,OS) for public facilities. Additionally, in order to meet the requirement', cd' concurrency management. the developer of every local development order approved hy Collier Counly is required 10 pay 50 percent of the estimated Transportation Impact Fees associated with thc project. Other fees coll,xtcd prior to issuance of a building permit include building p~rmit rcvie\v I(:c~ and utilit:,/ fees associated \\'itb connecting '0 the Countyls \,vater and seVv\~r system. Please n<Jtc that the inc_lusion of ilnpact fCl;S ::md laxes colleclcd arc for inrormational purposes lH11y; they are not included in lhe criteria Ll':;ed h)' St:::lff ;:l1ld the Plarl11in~~ Commission to analy'zc (his petition. GROWTH MANAGEMENT PLAN fGIVIP) IMPACT: The subject propcl'ly is designated Ud'iln (Urban Residential Subdistrict, Urban Mixed-Use Act ivity Center Subdistrict) on the Future Land Use Map of the Growth Mmlagement Plan. The Lely, A Resort Community PUD was approved for 2,892ct acres of residential, commercial, cultural, college, park and other uses. Relevant to this petition, the Urban Mixed-Use Activity Center Subdistrict permits uses to be mixed-use in character. The actual mix of the various land uses may include the full mny of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. For residential dcvelopment, if a project is within the boundaries of a Mixed-Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may he permitted. FLUE Policy 5.4 requires new developments to be compatihle with the surrounding land area. Comprehensive Planning Department leaves this determination to Zoning and Land Development Review Department. The rezoning aetion was deemed consistent with the GMP when the subject site was rezoned to PlJD in March, 1992, and no changes has been adopted to the GMP that would change the original consistcney finding. Thus, this PUD remains consistent with the GMP. ,"'''~.' PUDA.2006-AR,! 0333, Lely Rcsolt Page 2 of6 w::m No, be 13,20Ul :; c:Jf '11:] AFFORDABLE HOUSING IMPACT: Approval of this pUD amendment will have no al1(mlable housing impact. ENVIRONMENTAL ISSUES: Environmental Services staff reviewed this petition, and determined that the proposed amendment will not have an impact on the environment. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have environmental implications. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:. The CCPC heard petition PUDA-'l,()()(l-AR-1 ()333 on October 4. 2()()7 and by a vote 01'9 in favor and 0 opposed recommended to forward this petil10n to the Buard of County Commissioners (BCC) with a recommendation of'lpprnval subject to the j()llowing conditions: 1t! Limiting the c<~, parn_~l rr()IlLin.~ US.-41 to a maximum of 100,000 SqUDl"C feet of c0111rnercial space, "" Lirniting the maximum si;:c of any onv tenant ~~pace 10 2(\000 square feet except ['or grocery' sLOrc~/f(H)d rnarkcts. . Development standards shall be those of the pUDs C-2 development criteria. All stipulations are speeitlc to the 9-acrc C-2 parcel fionting USAI, and not the othcr C-2 parcels within the pUD. The tract is known as Tract 4. Because the CCPC approval recommendation was unanimous, this petition would normally be placcd on the Summary Agenda; however, stail received five letters of objection, and as such this item will be heard on the regular agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Lely, A ResOli Community PUD (Ordinance No. 92-15, as amended) which proposes to amend the following: Section 2.07 (Permitted Variation of Dwelling Units); Section 5.02 (Permitted Uses and Structures); and Section 5.03 (Development Standards). This proposed amendment is quasi-judicial in nature. As sucb the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all 0 f the criteria set 10rth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that sucb denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that tbe amendment does not meet one or more of the listed criteria. PUDA-2C106-AR-10333, Lety Resort Page 3 of () /\rJenda IL'';;tl1 f\jO.':C hi~J\f:;mbcr -: 3 2n~J7 /, of ~IIO Criteria for PUD Rezones Ask yourself the following qurstions. The answers assist you in making a determination fin' approval or not. I. Consider: The suitability 01' the area illr fhc type and pattern of development proposed in relation to physical characteristics 01' the land, surrounding areas, tranie and access. drainage. SC\VCL water. and other utilities. 7 Is there an adequacy of evidence of undied control and suitability of agreements, contract. or other inslruments or Il)i' amendmcnt" in Lhose proposed, paliieularly as they may relate to arrangements or provisions to be made fell' the continuing operation and maintenance ()f such areas and Llcilitics that are no{ to he provided or Inaintaincd at puhlic expense? Findings und f"('Cotlllnc11(iu!ions oj'this f)pe ,\'hal! he nwde on~F {(fieI' ('()/1,\'u!taiiotl lvi/II !he COll!llY /!r!O!7u<\'. .'. Consider: CnnCormity/ of the pruposed PLI[) \vi1h thl; ~,ollls. ol)jecti'vcs and p()li(.i~s ()ftllC Ciruvvth f\1anagcmenl Plan. 4. Consider: Tbv inhTllal and ,:xLCfnal compatiolhty of proposed uses, \vhich ccmditions rnayinclude restrictions on location of improvements. restrictions on design. and buffering and screening rcquircmcnt~. 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 propeliy and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justilied as meeting public pUlvoses to a degree at least equivalent to Iitel-al application of such regulations. 9. Will the proposed change be consistent with the goals, ohjeetivcs, and policies and future land use map and the clements of the Growth Management Plan? PUDA-2006-AR-1 0333, Lely Resol't Page 4 of6 il(~ln >J.: l,j. .,::007 ~,of iO 10. Will the proposed ru [) Rezone be appropriate considering the existing land use pattern ') ] I. Would the requested J'l3[) 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 propeliy proposed 1'01' change. J., .). Consider: \,/hether changed or changing conditions mal(c the passage of the proposed amendlncllt nCCCSS,Jr~y. ! 4. \Vill the proposed change adver~;ely influence living conditions 111 the neighborhood? ! 5, \,\/illlhe proposed change create or excessively incre::l.sc trair;c congestion or create types of traffic deemed incompatible \vith SUITOUlHf!l1g land USCSl hecause of peak V(illHnl~s or projected type:;,; u!' v'"chicular tr~,ljllc, inc:luding ,lcti during conslruc:linn phases of the dcv'c\()prncnt or ofherl1:isc u(h'Cf pU/J!ic .,(~/(,(\i: 1 fl. Vv'jll the proposed change i..:rcatL~ a draimlgc probicm? 17. Will the proposed changc seriously reducc light and air 10 adjaccnt areas') 18. Will the proposed change adversely aifect propeliy 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 ofspeelal privilege to an individual owner as contrasted with the public welfare. 21. Arc there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out or 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. PUDA-2006-AR-I0333, Lely Re<011 Page 5 of6 f\~1enda Ile;(i i\i~), C,C r~o\/enlbfn 13, ?Onl S c.f '; ',n 24. Consider: The physical characteristics of the propeliy and the degree of site alteration whieh would be required to make the property usable for any of the range of potential uses under the proposed zoning classifIcation. 25. Consider: The impact of development resulting limn the proposed PUD rezone on the availahilitv ojwleq/late p/lblicjilcililies and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as dcilned and implemented through the Collier County Adequate Public Facilities Ordinance [Code eh.\ 06, 311.11]. as amcnded. 26. Are there other [i!Ctors, standards, or criteria relating to the pUD rezone request that the Bomd or Cuunty COll111lissiuncI's shall deell1 impoliant in the protection of the public health, saf'ctv, and weJline',' The 13('(' must base its decision upon the competent, substant ial evidence presented by the \\Titten materials supplied LOiL\nc1uding hu1 not limited to the StalT Report, Executive Summary, maps, ~:;tudies. letters tl"om interested perstms and tbe oraJ testimony presented at the: Board or Count)' (<nmmi~~sit)ni,:Ts hc.aring ole.: these nwt(.;rials relate In these '..:riL\.:~fin. RECOI'lIMENDA TiON: Statl recommends tbat the Board of County Commissioners (BCC) approve Petition PUDA- 2006-AR-l0333 subject to the ai()fcrncntioned eonditions recommended by the Planning Commission. PREPARED BY: Willic Brown. AICp, Principal Planner Department of Zoning and Land Devclopmcnt Review PUDA-2006-AR-I 0333, Lely Rcsoli Page6of6 Page] or 1 ''''-;' ')i1iO COLLIER COUNTY C~-'PRC OF [Durn'" SOf}r!,~13S:(;'\Ji:RS Item Number: Item Summary: <t'" If',' '.J(-<." Meeting Date: I'rcpal'l'd By '.""j'i' " "F).,.i0 AplH()\'l"t Bv ---"--_._---_..._.~--"-,--~--~-_._"._-"-- _\ppn,V<'d By \pproH'dlh \pproH'd B~ '"J', ,"~" "",,,,.nt'. ApprOVl'd lIy 'hr;m",,,i-:, Studl''!\ C,tir:\,'q )IC;.'"i-::H"', ",,,-,ntv t-.\tClrrK',' L;~tP CCUI"\'Mvrncv '::0'Fll\'IVwrr," Dt'fi-.-,' :r;2!:;:nG7,::"r.pr,.' Appru\'('d By ;...,~rk'rIC Stvw"rl fx~cu;,v" 'sc.;;rerdj [!Jt~ (;l)l11nlunit'" LJe'clopn-cn((;. [""'''''',1'1111<'''1,,13,(:>'-'))' ,;'ni",n~Cli(',' De., ,!():w "'1' 1(" 'ilii" '~.t,., "'lnn1 .\pprovl>dlly C,;);)'").,;",, D~k jC:<,C!l1n(.,sn""u f:1V'-'''l""",l~iSf)rvi",.''[\dmi, stq\C- e)r"""I", rk' ,,,iOllm,,n1 1'- '~>"lH'''L1'''''': r)"" "Iupm "11" F" '1""''''("":,:"".,-,-,,(',,, ;:."v'r,," ''''''''',1 ,',;\H1:" jt)i30!:;'Xl.,(,11 Approved B~ .:x,!r:: r nnn:l,!\r" i"'I,!i~"iiAI'; "Ii" ,e: LJ"t!- r_d",;n'~"ati'J" 3c '!'C~'~ i';:"'''H':iC1"T,C..!'' 'Cj\ In-l-'j '.!'Yr- ~,()8 1Of' Allpro\'cd By !!~,-.- 15",';10>.., E~tlO~F\ ;::,""'Iy~j i).1W C''''I.'''I',' M~'''I,,,;r's C"f<LO :'Hii,OC Q! t,hn"~ '~"",., i\ ,-.;"drl"': '(~i' lelO" 1li'1',' Approl'l'd Ny I;'r-,,"', V klwd~ ',I'" r';:"t'110C u,J', ~:, G""" ,,' :::<)I.'n~'-,' i;' ~n~'_'" -:w.c<' "";:;Y0~ ','5'1 (,0"'''' O'C:"'''''f", fi1e:/IC:\Agr:llda'r~SI\Export\92" Novcmbcr%20 13,%202007\08. o;(,20AD V ER T] SLD~/;'20PU,. ] ]/7/2007 Irem i'~o^ Be .13, 20(}/ Page 8 of 1 ::1 ~ c&f1er County ",-,:.~pi1#"~=-~~J::1"$~~::=.~~~~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONl0JG AND LA1\1) DEVELOPMENT REVIEW, COM'.1UNITY DEVELOPMENT & ENVIROKMENTAL SERVICES DIVISION HEARING DATE: August 16,2007 SCBJECT: Pelition PLDA-2006-AR-l 0333 LeI) A Resort Community P'lm, Phase]. Tract 4 .Amendment AGE"T/AI'PLICANT: Owner: Stock Development, LLC 4501 Tamiami Trail, North Naples, Florida 34103 Agent: Chris Mitchell 10641 .'lliport Road Suite 32 K aples, Florida 34109 Richard D. Yovanovich, ESQ. Good1ette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 REQUESTED ACTION: TIle petitioner is requesting an amendment to the Leiy Resort PUD, a Resort Community peD, to affect Phase I Tract 4 only. GEOGRAPHIC LOCATION: The subject 9.1 acre parcel that is the area of the Lely Resort PUD that is affected by this amendment is located at the northwest comer of the intersection of Triangle Boulevard and Tamiami Trail (US 41), in Section 34, Township 50 South, Range 26 East, of Collier County, Florida. (See location map on page 2) PUDA-2006-.till-l 0333, LEL Y RESORT Page 1 of] 1 ~~~ ;) m n,.,,~m ,al< I - ,"' "'~l. , , " . " 5z wQ ~" 00 g:g . ~~i . ii'" !~~ i~e. [ ~ :~ ;~ g~~ ii'<:e. , ~ 2 ~r =~'" frtIIa:t.i.._ llb:l"""-"'''' :!>I/OJ>WllI:l ~ ~,....., -" ~~~ \ ~Hg~ ". , I I a.. <( :2:1 (9 Z - Z 0 Ni I "' "' '" .:;;. , it: " . '" o '" " C",....... :::> ::L '" Z o f- f- ill Cl. a..! <(! :'2: z o f- <( () o ...J -\ I I ilfJfrl 1\10, 3e 13.20n? o of 'i iD PURPOSEIDESCRIPTION OF PROJECT: The proposed strike thru and underline Ordinance amendment proposes to amend Ordinance No. 92-15, Sections 2.07 (Permitted Variations of Dwelling Units) and 5.02 (Permitted Uses and Structures), that would allow a mixed use development on the C- 2 parcel fronting US 41 at the intersection of Triangle Boulevard and US-41. The development would contain retail and personal service uses as well as a variety of residential housing types. Up to one- hundred-seventy-five (175) multi-family dwelling units are proposed along \Vith C-2 and C-3 uses. In addition, the vacant commercial parcel at Rattlesnake Hanlmock Road and Grand Lely Drive would be reconfigured to accommodate a new road realignment. The Le1y PCD was approved on March 20, 1992 at a density of 3.5 units per acre. The subject property contains a gross total of 2,892 acres of land \\ith ] O. 150 residential units on ],] 66 acres. Othcr uses acreages approved include: . 38 aCres of commel'ciaJJconm1Unity uses . 16 acres of commercial/professional uses .. 36 acres of commerciaL/neighborhood uses . 44 acres for Edison College . 44 acres of cultural center uses . 49 acres of resort center uses . 495 acres of golf course . 233 acres of conservation/open space . 171.5 acres of cypress preserve . 21.5 acres of park/school uses . 405.5 acres oflakes . 70.5 acres of major collector roadway . 64 acres of minor collector roadway . 26.5 acres oflocal roadway; and . 9 acres of ROW reserve. The proposed PUD amendment does not add additional residential uses above 10,150 dwelling units. It does. however, provide for shifting residential uses allocated elsewhere in the POO to Tract 4. As the property is located \Vithin an Urban Mixed Use Activity Center Subdistrict, the project is supported by GMP guidelines. SURROUNDING LAND USE AND Z01'<L~G: Subject Parcel: Vacant and undeveloped land; zoned Lely Resort POO (see attached aerial photo) Surrounding uses - North: East: Storm water management lake; zoned Lely Resort PUD Commercial uses (McDonald's, Publix, Kmart), zoned Lely Resort peD PUDA-2006-AR-I0333, LEL Y RESORT Page30fll Agenda Itenl No, 8C i\Jovernber 'j 3, 2007 Page 11 of 'i'IO West: Commercial uses (Fifth Third Bank, vacant land, & Coconut Place Office Plaza across Tarniarni Trail South Road; zoned C-3 & C-4 Storm water management lake; vacant (preserve) land, and Tamiami Trail South Road South: ,/ /,""-./ir/.... :R1~\;"\ "I "';;,./!",;iy/i:7/ ~ 'K.../.f! ~' ..~~ V;.\ ' 1~4 / rlll / -r '~!~!~\'t\ " ;'. ,-.l .... ',\~\ ) .., ,.\\~\ 1 I 1~ . ~. 'W i '- """::"""9\ " / I ' : l'l \, - ~~,;n,- Ii, E- S 'J.1~". ::-. . \\ ,1-'0, _ t~---...jl ~ I " ... \:' ...........,.r.l' ..,.,. , &,-";' ./ 1'!U\1ll'.>'s~\ ,.' : / .....- I ' . \ ,/ I t o!!j / 'i' '\'\ I If! I '-. \ f'UD~-' i _"'~/ \ .. -/ \\ lElrl!:[SOR'r r~ , ,," ~'" i "d! \ .-b-- ,\(~). /J,1 , _"___" J _yo j .I .____---' '--. _,,- ~'-'-.-::o--.Y~ ;-: A :;, .' /1_ ---""'<. / --'~~D"I"~-,,~/ :X/ /' /~ ....._-'---. ...!_."'-----... 1~" "j "~_.._ ________ ,.. '" --- - ~ ""'.--:'"\... ,'.-' -...-- / -,,/ ,r,.,J;-~)"" "'-c ./' /t /' // / \/ ......'1-;;0 .-'" ' J ; /"--__').-<',~~j I 1~~'I" / / - ","- '", .I /'" ',,- 1/ /,/,--, ", I, / i'!rl /i'/ je/ I ' / llt.:t:t0liA1 "'1- .I _H .=~ ".,,,r "- I."'''' '/ ZONING ATLAS AERIAL MAP PUDA"2006-AR-I0333. LEL Y RESORT Page 4 of II .~qenc;8 !IE::'ITl i~o :y~ t\IOVeniber -: 3. 20(,'7 '12 Dl '^[1CJ EXISTING COl\'DITIONS OF SITE The proposed amendment to Ordinance ~nmber 92-15 is as follows: SECTIO~ ONE: A.l\1ENDMENTS TO PERMITTED VARIATIONS DW'ELLTNG UNITS SECTION OF Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance J'\umher 92-15, as amended, (the Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned Wlder Section ~ 2.05, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified in aCOerdflflGe with Section ~f such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,150. Approximately 1850 single family units and 8300 multi-family units have been planned. Variations from these numbers without an adiustment to the maximum number of units within the proiect shall be permitted provided that the maximum number of dwelling Wlits by type shall not vary by more than twenty (20) percent. The maximum number of dwelling Wlits shall include all caretaker's units but does not include the designated hotel rooms. The proiect may exceed the variation of twenty (20) percent of the unit types set forth in this section provided PUDA~2006-i\R.10333. LEL Y RESORT Pag::;S of11 Agenda Item j'.jo, Be Novernber 1 ::L 2007 Paqe i.3 of ~11 0 that for everv single familv unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced bv 1.667 units. SECTION TWO: AMENDMENTS TO PER-MITrED USES AND STRUCTURES SECTION Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92-15, as amended, (Lely, A Resort Community, Plarmed Unit Development) is hereby amended to read as follows: 5.02 Permitted Principal Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than, the following: A. Pennitted Principal Uses and Structures: 1) Business and professional offices: banks: financial institutions. 2) Churches and other places of worship: civic and cultural facilities; educational facilities. 3) Funeral homes. 4) Homes for the aged; hospitals, hospices and sanatoriums, hotels and motels. 5) Medical laboratories; medical clinics; medical offices; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provide that: No odor, noise, etc., detectable to normal senses from off the premises are generated; All work is done within enclosed structures; and PUDA-2006~..\R-l 0333. LEL Y RESORT Page 6 oflI lIe-in No Be 13,2CCII 'i4 of1 10 No product is manufactured or sold, except incidental to development activities. 9) Transportation; communication and utility offices ~ not including storage or equipment. 10) Water management facilities and essential services. 11) The C-2 parcel fronting U.S. 41 mav be developed allowing C-2 and/or C-3 uses. as outlined in Section V and Section VI of Ordinance ~umber 92-15, as amended, and up to 175 residential dwelling units to provide for a mixed-use project. 12'1 c\ny other commercial l1se or professional service which is comparable in nature v.ith the foregoing uses and which the Development Services Director determines to be compatible in the district. fL PenTlined _Accessory Uses and Struchlres: l.i Accessory uses and Slnlctures customarily associated wit.h uses permitted in this district. 2) CMetaker's residence. GROWTH MA.NAGEME:TI PLAN CONSISTENCY (GMP): The proposed amendment is processed as a limited PUD amendment, in which the entire PUD document is not being subject to review, rather only the proposed strike through and underlined sections highlighted \vithin the proposed amending ordinance. The subject property is designated Urban (Urban Residential Subdistrict, Urban Mixed Use Activity Center Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed Use Activity Center Subdistrict permits uses to be mixed-use in character. TIle actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses. hotel/motel uses at a density consistent with the Land Development Code. For residential development, if a project is within the boundaries of a ~1ixed Cse Activity Center which is not within the urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to ] 6 residential units per gross acre may be penllitted. FLUE Policy 5.4 requires new developments to be compatible vl'ith the surrounding land Mea. Comprehensive Planning leaves this determination to Zoning and Land Development. PUDA~2006-AR.I 0333, LEL Y RESORT Page 7 of 11 i~'(18nda item 1\10. t:;C ~Tov8rnber 13. 2007 Page '15 of 1'10 The proposed amendment to allow for a mixed use project with a residential component of 175 dwelling units on the 9.1 acre parcel at the proposed intensity furthers the expressed goals of the Urban Mixed Use Activity Center Subdistrict. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed limited amendment to the Lely" A Resort Community PUD within Phase I Tract 4 allowing for a mixed use development may be deemed consistent with the FLUE. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The 2012 planning and review horizon year shows capacity is available" ANALYSIS: Staff completed a comprehensive evaluation of this land llSe peTlnon and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.03"05 of the Land Development Code and required staff evaluation and conunent. The Planning ComInission to the Bec also uses these criteria as the basis for theiT reconunendation. Appropriate evaluation of petitions for PLus should establish a factual basis for supportive action by appointed and elected decision-makers" Each of the potential impacts or considerations identified during the staff review are listed under each of the crirerion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" ). Affordable Housing Impact: The devclopcr has not committed to construct any affordable dwelling units" Environmental Analysis: Environmental Services Staff recommends approval of this petition, and makes the following analysis: . Listed species management plans for Big Cypress fox squirrels and eastern indigo snakes, specifically for Tract 4, will be required at the time of the fust development order. Transportation Analysis: Transportation Department staff has reviewed this petition, and has recommended approval subject to the following condition: . Trips are vested for residential units, howeyer, at the site development phase a full TIS will be required for operational purposes. Utility Analvsis: The Utilities Department Staff has reviewed this petition, and has recommended approval. PUDA-2006-AR~10333, LEL Y RESORT Page 8 of! 1 !\gE;ncia itern I'~O. 8e.: r\)OVE~;Tiber 13, 2007 16 of '1 0 Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent 'With the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, ,;taff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLlTE) of the GMP. The subject property is designated Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district permits residential uscs, as proposed, at the density proposed. Staff believes that the petitioner's requested uses and densitv arc compatible wil" the FLUE, thus this petition is consistent "ith the GMP. Relationship to Existing Land Lses - The subject property is located in the Lely Resort PUD zone district. Presently, the subject propeny is vacant and undeveloped. Immediately to the north and West of Tract 4 is a storm water management lake. To the east of the site, there ate 38 acres of community/commercial uses (McDonalds, Knurl, Publix, etc. . .j, which were approved as a part of [he Lely Resort PUD. Commercial uses located to the south across Tamiami Trail include Fifth Third Bank, a vacant parcel, and Coconut Office Plaza. Staff believes the existing proposed density of 3.50 dwelling units per acre remains compatible with the residential density of SurrOUllding residential developments as found consistent with the GMP's Housing Element Goals and Policies in the 1992 adoption of the Lely PUD. The proposed uses for the project have not changed from the original approved document other than to provide a mLX of already approved uses in a location conducive for higher intensity uses near heavily traveled US-41. These uses will not adversely impact the existing residential land uses in the area as the proposed location is sandv.iched between a stormwater management lake and existing commercia] uses. NEIGHBORHOOD Il'i'FORMATlON MEETING (NIM): Synopsis provided by Collier County Principal Planner, Willie Bro\\11: The petitioner held a neighborhood information meeting at 5:30pm on Thursday, September 13, 2007 at the Edison College Auditorium on Col1ier Boulevard. Over 100 residents appeared. At least six representatives for the petitoner (Attorney Richard Y ovanovieh) were present including Brian Stock and Keith Gelder with Stock Development LLC, Ed Llorca with MSA Architect, Susan Golden with Wilson Miller and Associates, atld Todd Gate, Alanna Glulun and Mark Fiford 'With Gates Development. Collier County staff members present were Willie Bro".n. Collier COW1ty Commissioner Dorma Fiala was also present. Highlights from the meeting are as follows: PUDAM2006~AR.I0333, LELY RESORT Page 9 of II /\gsnda It0HT'1 No. DC November 13. 2007 Pag8 'i 7 of 110 . Presenter, Brian Stock, said the project would be a destination entertainment site which would include possibly a coffee shop, restaurant, specialty shops, neighborhood grocery, and personal service uses. . Big box retailers are not the target market. Emphasis would be on high end boutiques. . Up to 100,000 square feet of commercia] space is proposed. . The development would be designed architecturally as a European Village: 3 to 4 story buildings with residential dwellings built above commercial uses. . There would be 24] on-site surface parking spaces, plus an additional 400 underground. . Dwellings would range in size from 900 to 1,300 square feet priced at under 5500,000. . There would not be an increase in density. The developer is proposing to reallocate already approved, unconstructed units, elsewhere in the PUD to the subject property to create a mixed use development. . A variation of up to 20 percent in the mix of single family and multi-family dwelling units was discussed. Residents were tol d there is a greatcr market for single family units than was originally anticipated. Thus, a conversion formula to the PUD to allow multifmnily units to be converted to single family units was necessary. The Pl;D was originally approved with a fixed number of multifamily and single family units. Therefore, for every additional single family unit that is approved 1.667 multifamily dwelling units will be given up. . Traffic issues including mitigating trat1ic impacts were addressed. Residents were told these issues would be worked out during tile 5DP process. . The re-alignment of Grand Lely Drive at Rattlesnake Hammock Road was discussed as well. STAFF RECOMMENDATION: Staff recommends that tile Collier County Planning Commission (CCPe) forward a recommendation of approval of Petition PlIDA-2006-AR-I0333 to the Board of County Commissioners (BCC). PREPARED BY: \~~ ~~ WILLIE BROV.,lN, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW -.5 - 13-6'1 DATE PUDA-2006.AR-10333. LEL Y RESORT Page 10 of 11 it'?IT) 100. i::!~; 13, 2CiQ7 b of '; iO REVIEWED BY: ]1 ~;,1/i O~r (20",/-wd~-Ot-MJ/c,p . FiR' -:'..1" :\TXm;' n'\.c"'Jo"c 0,. S{u~(ii-~.~>/,~c ~ ASSISTAKT COUNTY ATTORNEY j ~'~ Z_':,'" 07- DATE ~ / / / r'..-.-:-;-.:.-'>":'<" -....<'.-'.-^. / ~- RA YMONn V_ BELLOWS, ZONNG MANAGER / . DEP ART!vfEKT OF ZONING A.:'.!1) L~l\!D DEVELOP1vfENT REVIEW c- ._. DATE ; \J/~"___/'c"-:"'-!::-'/',: :..-~~C,'.~-.?-=D.-, __ SUBA".; M. ISTENF:S, AICP, DlRECTOR 15EP ARTT\IENT OF ZONIJ\'G A'\11) LAND DEVELOPMENT REVIEW ], Ii _ i :'.- . '-~ _ :_'.1. :::::,f ..L;' D:~TE APPROVED BY: t// - /// .Ji /",.-/ -../ /^. . ' / 'I' ,-~ -J,--- // / ~ q/,J:'~':; ! r--- '--7\. ~~r'~/ r, ~II Vi' J0SEPH K. SCHMITt ADl\1JJ\lSTRl\TOR DATE i j Q;0Ml\fl;'N1TY DEVELOP11ENT AND ENVIROKMENT.-\L SERVICES DIVISION , ! V Tentatively scheduled for the November 13, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLA.N'NNG COlvfMJSSION: MA.RKP. STRAl:'-J, CHAlR.I\1.","N EXHIBITS: Exhibit "A" - Findings for PUD Exhibit "B" - Lcly Resort Ordinance No. 92-15 PUD.~.-2(l{)6-AR-I0333, LEL Y RESORT ?age 11 of II ,l\genda Item No. 8C ~-.jovember 13. 2007 Page 19 of1 ., i) LEL Y RESORT FINDINGS FOR PUD PUDZ-2006-AR- 10333 Section 2.7.3.2.5 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. Pro: The property is within an urban mixed use activity center as designated in the FLUE of the GMP. Within a half mile east and west of the subject property', there are re.;idential and commercial uses, although not combined, close in proximity_ In addition, Tamiarni Trail (Hwy 41) is a very heavily traveled road, and would not be appropriate exclusively for single-family :lses. Co.!): The petitioner's proposed project may not coincide with ,he nearby propellY owners' pereeption of the area', potential development. .findin>:: If the proposed amendment passes to allovJ mixed uses, all buildings would required to eomply with LDC requirements and the PUD document, regarding traffic and access, drainage, sewer, water and other utilities. 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 I'elate 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. Pro/Con: Evaluation not applicable. Finding: Documents snbmitted with the original application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objeetives and polieies of the GMP offering a recommendation that this petition be found consistent with the overall GMP, Con: Staffs analysis is subjective, Many of the goals, objeetive and policies do no have quantitative means to measure compliance. The GMP Transportation Element Exhibit "A" .L-9snda it8m f\Jo. Be November 13, 2DO? Flags 20 of '1:i 0 Pro: County Transpoliation planning staff has determined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns ifthcir stipulation is included in any recommendation of approval. However, the determination that the proposed amendment would actually constitute "expansion" is subjective. It could be argued that the use addressed in this amendment was anticipated in the existing PuTI document. Con: None_ COLlIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.OOtLIEiWOV.NET (i) 2800 NORTH HORSESt.i.9Bl,pj<'M~1 No, Be NAPLES, FLORIDA 34 JrMJember 13, 2007 (239) 403-2400 FAX (239')iA%.:6<il,fS11 0 L- APPLICATION FOR PUBLIC HEARING FOR~~'-'~-'~l X AMENDMENT TO PUD I D AMENDMENT TO DRI : I 1 J PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER ! PUDA_2006-AR-10333 l PRO,JEC, T #2006060059 DATE: 8/24/06 ----K"'y DESELEM Above to be completed by stajl --"",~~-~~~ i .__J I APPlICA:NT INFORMATION APPLlCANT(5) ,5TOCK DEVElOPMENT. LLC. A FLORIDA LIMITED LIABILITY COMPANY ADDRESS 4501.IAMIAMI TRAIL NORTH, SUITE 300 CITY NAPLES STATE_..EL__ZIP 34103 TELEPHONE #________________CELL # E-MAIL ADDRESS: FAX# Is the applicant the owner of the s-ubjed property? X Yes ONo o (0) if applicant is 0 land trust, so indicote and name beneficiaries below. o (b) If applicant is corporation other than a public corporation, 50 indicate and name officers and major stockholders below. x (e) If applicant is a partnershipr limited partnership or other business entity, 50 indicate and name principals: below. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. o (f) If applicant is a contract p_urchaser, attach copy of contract, and indicate actual owner(s) name and address below. Stock Develooment. LLC is owned as follows: Brian Stock 50% and Stock Famiiv Holdings. LLC. 50% Stock Familv Holdim!s, LLC is o'Wl1ed as follows: Kenneth C. Stock 2...<; Trustee of the Kenneth C. Stock Grantor Retamed Annuity Trust. (if space j.~ inadequate, attach on separate page.) AGENT INFORMATION t'\genda itern No. 8C November ':3, .20C7 '-'lJ ~.~. ".-, _oJ 110, . ~- ~., '1 . ..I NAME OF AGENT RICHARD D. YOVANOVICH. ESQUIRE ADDRESS 4001 NORTH TAMIAMI TRAIL. SUITE 300 CITY NAPLES STATE FL TELEPHONE # 435-3535 CELL # FAX # 43S-1218 E-MAIL ADDRESS: RYOVANOVICH(a)GCJLAW.eOM ZIP341 03 NAME OF AGENT CHRIS MITCHELL ADDRESS 10641 AIRPORT ROAD NORTH, SUITE 32 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 596-9191 C!:U..# FAX # 596-9071 E-MAIL ADDRESS:CHRISM(a)WALDROPENGINEERING.COM !,-'. , 11 BE AWARE THAT COLLIER COUNTY HAS LOBBY!ST REGULATIONS. GUIDE YOURSELF I ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. I__,.~-,_.__. " . , , . . l' PROPERTY INFORMATION 1 PUD ORDINANCE NAME Lely, A Resort Communily PUD NUMBER: 92-15 Detailed legal description of the propertv covered bv the application: (If space is inadequate, affacn on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each distrid. Applicant shall submit four {4) copies of a recent survey (completed within the losl six months, maximum I" to 400' scale) if required to do so ollhe pre- application meeting_ NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning fhe legal description( an engineer's certification or sealed survey may be required. Section/Township/Range M..J 50 I 26 Lol: Block! Subdivisi on: Poge #: 87-99 Property I.D.#: 55425001008 Pial Book 16 Metes & Bounds Description: Size of propertv: ft. X ft. = TolalSq. Fl. Acres 9.1 Addressfgenerallocation of subject propertv: Comer of TamiaJIli Trail East and Trian~le Boulevard .Agenda ltern ~.Jo. 8C Does the oW,ner 01 .th: subject .propert.Y own property cc>ntiguo~. .to the subject propert/'iov~g~ Jivjii6 complcil> legal descnphon 01 en!lre conlrguous property. (II spaee IS rnadequate, allach on separate poge)'. Secti onjTownshipjRange / / Slock: Page #: Subdivision: Lot: Plot Book Property I.D.#: Metes. & Bounds Des.cription: See aft ached deed which includes lands oriClinallv purchased bv Stock Develoament, LLC. whleh lands Include the .ubiect Prooertv. Stock Develooment, LtC has lurther conveved portions of the Prooertv included in fhe deed and those convevanc:E'S are too .numerous to include in this oDoJicotion. "1 II Ie i DETAIL OF REQUE5,T TYPE OF AMENDMENT: x 1>... PUD Document Language Amendment LJ B. Development Order Language Amendment DOES AMENDMENT CO~~PLY WITH THE COMPREHENSIVE PLAN? X Yes UNo If no, explain:___ HAS A PUBLIC HEARING SEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? 0 Yes X No IF SO, IN WHOSE NAME?___ PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN X SOLD ondjor X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes X No IF YES, DESeRISE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). The Lely Resort PUD is a developing PUD with several parcels, single family lots and condominium unit soles. Section 2.7.2.3.2 (3) of tne Land Development Code requires an applicant ta remove lheir public nearing advertising sign (5) ofter final action is token by the Board of County Commissioners. Bosed on the Board's final action on this item, pleose remove oil public neoring advertising sign (s) immediotely ."" .' t"CJEmC;'a [tern [\10 ~J-ov'3mher '::3. 2"0(1 :':g:- :~ :;~ ~ ~ AFFIDA VIT Vie/I, . Stock Develooment. LLC. a Florlde limited liability comoany being rirst duly swom, depose and say that well am/ore the owners of the property described herein and which is the subject matter of the ?roposed n-eoi1ng; thaf all the answers to the q1Jestions in this application! induding the disdo$u~e of interest information, ell sketches, doto, ond other supplementary matter attached to and mcde a pert of this C:P?iication, ore honest and true to the b€st of our knowledge and belief. We/I under:;tcnd that the ir;forrr-lction requested on this application must be complete Gnd accurate cnd that the content of this form, ....lhether computer generated or County printed shari not be altered. Pub~jc hearings '<<'i1l'not b::: c:d\lertised I)ntJll~is applic:otioi1 !5 deemed ccm~))ete, one cdl required informct;oll has ~0er, SU[.J!Iu"tted. /\~ prc?e;-ty owner \l/e,/l Turther CLJtnorf2e Ricnarc D. Yovonovich_~~~ To :::Jet :::Js:-ur,/rny rep;'eseniallv8 in en)' rncr:-r'?:'s ;'egardif;g this Petition. Stock Dev-efopment, LLCf G Florida limited iiabH!~y comport)/ , -, /.' \ /; - / I..t----- / ) By: ,.~,jjt7fl7 l.J/g(/V 'rion K. Strkt /0.cmager The foregoing ins~[Ument was acknowledged berore me this II day or ~us;.f . 200!p~ by Jl;vitlJ1. SfocJ<., who I~sonc:llY kno..:.iD>to me or has produced os identification. State or Florida County or Collier ~....fJ,\"iJS'~ :;~'!2.:~'-"--;' ';.\!::;~~ "',> - <;:' '{(J,'i\-C jL:"j3::tS_015::l i\!'~GELA L BOWE:--': \.-11' C:D~.H""~S';[O'" i; l)[i-i16Si5 '-::<p~r<~' /~rr.10.::'[m ::',")t',d" NO~l3ry SC~-:;~ com // lt1~da. f :3cwaJ (igna,ure of Notary Public - State of ~Iorida) A~t1!?1a lltJwen (Print, Type, or Stamp Commissioned Name of Notary Public) Aqenda it"'':\TI I\JO. BC tJovember 13, 2007 Page 25 of 110 ORDNANCE :-10. 07-_ AN ORDINANCE OF THE BOARD OF COl.JNTY COMMISSIONERS OF COLLlER COUNTY. FLORIDA. AMENDING ORDINANCE NUMBER 92-15. AS AMENDED. WHICH RE-ESTABLISHED LELY. A RESORT COMMlNITY PLANNED UNIT DEVELOPJ>1E'" (PUDl. BY AMENDlNG SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING m;!T5" TO CHAc'lGE V ARIATlON 5T A1'JTIARDS; SECTION 5.02 ENTITLED "PER-MITTED USES AND STRUCTURES" TO ALLOW MIXED-USE DEVELOPMENT (]]';CLUDlNG C-2 AJ'lDJOR C-3 USES AND UP TO 175 RESIDENTIAL DWELLING UNITS) AS A PERMITTED TJSE 0;-': THE C-2 PARCEL FRONTING U,S. 4[; SECTIO:\! 5,03 El\'TITLED "DEVELOPMENT STA'IDARDS" TO ADD SQUARE FOOTAGE REQUIREMENTS FOR C-2 AND C-3 TJSES PERMITTED IN THE COMMERCIAL/PROFESSIONAL (C-2) TRACT AND TO ADD DEVELOPMEKT STA"l)ARDS FOR THE C-3 USES AND RESIDENTIAL USES PERMITTED IN TIlE COMMERCIAlJPROFESS[ONAL (C-2) TRACT; AMENDING EXHIBIT H, THE PUD MASTER PLAN: AND PROVIDING .AN EFFECTIVE DATE. WHEREAS, Oil Mal.ch ] I', 1992, tbe Board of CI)unty Commissioners approved Ordinan,ce 'Number 92-15, \1;'hic:h re-cstablished vly. .A.F:esort Community Plallned Unjf Development Zoning District; and WHEREAS, on May 26, 1992, the Board of County Commissioners approved Ordinance Number 92-38 .amending Ordinance Number 92-15 in ordeno correct a scrivener's error; and WHEREAS, Richard D. Yovanovich, Esq., representing StQck Development, LLC petitioned the Board of County Commissioners to amend Ordinance Number 92-15, as amended, for LeIy, A Resort Community Planned Gnit Development. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLlER COUl'.'TY. FLORIDA. that: SECTION ONE: AMENDMENTS TO PERMITTED VARIATIO'lS OF D'I'.fELLlNG UNITS SECTION Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordimlllce Number 92- 15, as amended, (the LeIy, A Resort Community, Planned Unit Development) is her~by amended to read as follows: All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section bQ4 2.05, provided tbat the total number of dwelling units shall not exceed 10,150. The Development Servtces Director shall be notified :r. a,:-cOfs.afI':-Z. -::ith SeEtiDi:'l :2,(;1 of such an increase and the resulting reductjon in the corresponding residential land use or Page 1 of 4- Words underlined are additions; words s~rll:::1: tAr::::l.:1,;h are deletions. 1t8m t'Jo. JJ 13, 2007 r-'8ge ~2C '.Ai 1 [I ot.her categories so that Lhe total number of dwelJing units shall not exceed 10,150. Approximately 1850 single family units and 8300 multi-family units have been planned, Variations from these numbers without an adiustment to the maximum number of units within the oroiect shall be permitted provided that the ma"imum number of dwelling units by type shall not vary by more than t'\.venty (20) percent. The maximum number of dwelling units :;;halI include all caretaker',:, units but does not include the designated hotel moms. The oroiect maY exceed the variation of twentv (20) r.:ercent of the unit tvues set forth in this section vrovided that for ever\! sin2:Jc ramil\! nnit oennitted in excess of 2220. [he maximum number of dwelling: unit.<; shall be reduced bv 1,667 units. SECTIOK TWO: AMENDMENTS TO PER.1VIITTED USES AND STRUCTURES SECTTC1N ScctiOll 5.02 ent.irJe.d "Permitted Uses and Structures" of Ordinance J\~umber 92-15, as amended, (Lcly, A Resort Community, Planned Unit Deve]opm~nl) is hereby amended to read as fDllows; 5Jn PcrUlj~ted Pr]ncipal Usee"; and St1110ur::::>; :No building or "truC[ur:.~^ Of part [hereof. sball b:::. ere.cted. altered or used, or land O~ ",,-atel" llsed. in wbole or In pafL for otJJer than the following: A. Permitted PrinCIpal Uses and Structures: 1) Bu:-;m:.::ss and profession;>J offjce2-: banks: rinJ.J.lcwJ mscirutions 21 Churches and other places of \\'orship; civic: and cultural facilities: educational facilities 3) Funeral home.'). 4) Homes for lht aged; hospitals, hospices and sanatoriums, hotels and motels. 5) .\1edicaJ laboratories; medical clinics; medical offices: mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Re<il estate offices; research design and development activities; restaurant"; rest homes; convalescent centers; and nursing bomes. 8) Laboratories. provide that: No odor. noise. etc., detectable to normal senses from off the premises are gencf3.ted: All work is done within enclosed srructures; and No product is. manuracmre.d or sold. except incidental to development activities. 9) Transportation; cornrm.micatioJ1 and utility offices - not including storage or equipment. 10) Water management facilities. and essential services. 11) The C-2 parcel frciltin';! U.S. 41 mav be develooed aJ]owin"" C-2 and/or C-3 uses. as outlined in Section V and Section VI of Ordinance ~umber 92-15. a;; amended. and UD to 175 residential dwelling unIts to provide for ;l mixed-l.lse m:..oiect Page 2 of 4 Words underlined are additions; words strul;:~~ th~ are deletions, ,A,genda item [\in. ec Novernber ~13, ;::007 Page 2"1 of 'j'! 0 ill Any other commercial use or professional service which is comparable in nature with the foregoing uses <U1d which the Deve,Joprnent Services Director determines to be compatib1e in the district. B. Permitted. Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with uses permitted in this district 2) Caretaker's residence. SECTION THREE: A.lvlENDMENTS TO DEVELOPMENT STANDARDS SECTION Section 5.03 entitled "Development Standards" of Ordinance Number 92~ 15, as amended, (Le1y, A Resort Community, Plam:Je.d Gnit Development) is. here,by arne,nded to read as follows: 5.03 Development Standards: 1) Minimum Site Area: As approved under Section 2.04 2) \ifinimum Site: V/idth: As approved under Section 2J)4 ~!,) Min,imum Yard Requirements from pJ.fce.l boundaries: Thirty (30) feet 4) :\laxirnum Height of Structures: Fifty {50) feet above the finished grade of lhc site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: OIle thousand ('1,000) square feet per building on ground floor. 6) I\.linimum Distance Between Principal Structures: 30' Of 1/2 the F,um of the bui1ding heights, whichever is greater. 7) Minimum standards for sign, parking, lighting, and hm.dscaping shall conform v,rith applicable Collier County Regulations is effect at the time permits are sought. ~) The area of the C-2 and C-~ uses referenced in Para2:raoh 5.02 A. 11) above shall be limited to a maximum 100.000 sauare feet in the all~e2:ate, 21 The area of each, individual C-2 and C-3 use referenced in Paracr3Dh 5.02 A. 11) above' shall be limhed to 20.000 sauare feet. except for food stores. l.Q} The 175 residential cJwe1Jinrr units and C~3 uses referenced in Dara2raoh 5.02 A. 11) above shall be subiect to the C-2. Commercial/Profcssional de\.'eloprnent standards set forth in this Paragraph (Paracraoh 5.03). SECTlOK FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Deparlment of State. Page 3 of 4 Words underlined are additions; words st;ud:: tBrea;:B. are deletions. i\:J8i',(ja Ite!ll No. EV.: !'.TC1\/(,"inh9t" 13. 20()'1 Palls 28 Df " 1 D Commissioners of Collier County, Florida, this ,2007. PASSED At'\D DOL Y ADOPTED by super ~majority vote of the Board of County day of _ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: By: JAMES COLETTA CHAIR.lVIAN , Deputy Clerk Approved as to form and legal Sllfficiency: ~L\J ,~~[[L.1)J:U_dLvL -;Jt:01h-e; j'vIarjon M. Student~St1rling 0' Assjsr~m[ County Attorney Page 4 of 4 \\fords underlined are addjtions; words ::;tnrd: tfJra1:lDh are deletions. ()'l-,222J~ .$'....O;r;; ~ ~~~ ~ ,,,,, ~ !g/ -.... 'ii> i!! '--":..>< (g :t ~r(lI w t;t"1IiittrJ r:: e:.... /.... /0 1.... '~~D9!5 r--- - - ~enda item ~~o. ~velT1ber 13. 2 Page 29 of ORDINANCE 92-12- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0621N, 06215,0622, 06'.7>>, 06275, 062BN, 06285, 063J5, 0633N, 06:'U:, 06345 AND 160:JN BY CHANGING THE ZONING CLASSIfICATION OF THE HEREIN DEf,CRIEED REAL PPOPERT'f FROM II f'UD" TO IlPUD" PL.lillHED UNIT DEVELOPMENT }t,:NO;""11 AS LELY. A RESORT COMM~~rTY, FOR pnCPERTY LOCATED BETWEn~ u.s. 41 ANO RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, J.J AND 34, TOWNSHIP 50 SOUTH, AANGE 26 EAST, AND SECTION J, TO~{SHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA, CONSISTING OF 2892 ACRES; PROVIDIllG FOR THE REPEAL OF ORDINANCE NUMBER 85-17, AS AMENDED, THE FORMER LELY, A RESORT COMMUNITY PUD; }J1D BY PROVIDING l~ EFFECTIVE DATE. if '25 --n N I '" rn .... C' ~ '" "" N '" m C'> " m ~ ~ ~ ~ " ~ '" ~ .. ~ m m1ERE1.S, Alan D. Reynolds of wilson, Miller, Barton & Peek, Inc., representing Lely Development Corporation, petitioned the Board of County commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION' ONE: The zoning Classification of the herein described real property located in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier county, Florida, is changed from "POD" to "PUD" Planned Unit Development in accordance ....ith the PUP Document, attached hereto as Exhibit nA" 'Which is incorporated herein and by reference made part hereof. The Official zoning Atlas Maps Numbered 0621N, 06215, 0622, 0627N, 06275, 0628N, 06285, 06335, 063JN, 06J4N, 06345 and 1603N, as described in ordinance Number 91-102, the Collier county Land Development Code, are hereby amended accordingly. -1- 100' r51,,,,181 - - _,'\('::::rllPrl'lld(' , "_''-' ~. ,~~1. l~u'/E:!rnb9r 13, 20 30 of 1 SECTION TWO: Ordinance Number 85-l7, as amended, known as Lely, A Resort Community PUD, adopted on May 21, 19B5 by the Board of county Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the SecretRry of State. PASSED Ju;n DULY ADOP~ED by the Board cf C~unty Commissioners of Collier County, Florida, this lOtil day of !-'.f.1Ich 1992. ", ljiJ~ !/J. ~\. -,-';:.;.:'. {/" An'EST:.>' . " JAMES ',d;,:,"GTLES;,: Clerk .-~ . ' '~ '-;... BOARD OF COUNTY COMMISSIONERS COLLIEI?OUNT'i. FLORI 1>.7 BY: ~/(.(~i ,~ ICHAEL J. VOLPE, CHAIFJ1.AN Richnrd S. Sha:13han. Vice-Q-.ainnan ',,"" iv~:L':~?~fi(l c/:,~' ;;.~~,:~,,~!: ,: ~:,~~..<~ ," APPROVED ~'i\S TO FORM AND LEGAL SUFFICIENCY /JJ "-'tl~" m, ./Jtn .b",d:. MAl Oll.[E M. STUDENT ASSISTANT COUNTY ATTORNEY This ordInance fIled wIth thlll _S~g71ary O~~~~lIC~~ 0C2llZ doy 0 ~ and ock.nowl~dgement of Ihor fi ing received Ihrs~doy o ~ By PUD-B4-20(2) ORDINANCE nbj7156 o.PvTr'O.'k 100< (]51e.d82 -2- (', Agenda Item N November 13. Page 31 0 ATTACHMENT 15 P~~tD UNIT DEVELOPMENT OOCUMENT FOR LELY, A RESORT COMMUNITY PREPAR&O BY: WILSON, MILLER, BARTON' PEEK. INC. ENGINEERS, PLANNERS' LAND SURVEYORS 3200 Bailey Lane at Airport Road suit. 200 Naples, Florida 33942 March 1992 Date Approved by cepe Date Approved by Bee Ordinance Number Date Amended by Bee Amending Ordinance Number May 2, 1985 May 2.1, 1985 85-17 March 10, 1992 EXHIBIT "A" 100' n51 ""l183 .--..----.------- ---~_._----~--~ ~ PAGE List of E~hibits and T~bles il Statement of Compliance and short Title ill SECTION I Prope=ty Description and Ownership 1-1 SECTION II project Development 2-1 SECTION :::rr R Residential 3-1 SECTION IV C-1 Commercial/Community 4-1 SECTION V C-2 Commercial/professional 5-1 SECTION VI (--3 Comme;:c ialINe ighbo rhood 6-1 SECTION VII ~c Edison College 7-1 SECTION VIII CC Cultural Center 8-1 SECTION IX RC Resort Center 9-1 SECTION X GC Golf Course 10-1 SE:CTION XI CO Conserv~tion/Open Space 21-1 SECTION XII PR Cypress Preserve 12-1 13-1 SECTION XIII PS Park/Elementary School SECTION XIV General Development Commitments 14-1 ioo' f151e.ct1S4 . ~_.__.~-_..----------_.._.- -"-'_.._--~..'--_..._- LIST or EXHIBITS AND TABLES EXHIBIT H Ma&ter Land Use plan (prepared by Wilson. Miller, Barton , Peek, Inc. rile No.RZ-19B TMILE I Esti~ated Market Absorption Schedule ThBI.E Il A Development 5~andards 'R' nesidential Areas TABLE II F.I Development Standards 'R' Residential Areas 100' 051 PlGl185 ii ('! . .._--_.,._._---,..----~._,.-------~_...--,.- ~:)enda item [\/0 i',r(lvember 13, 33 of SECTIOH I PROPERTY DESCRlrTION AND OWNERSHIP 1. 01 INTRODUCTION, LOCATION AND PURPOSE It is the intent of Lely Development Corporation (hereinafter called Mapplicant or developer") to develop A planned Unit Development {P.U.D.) on approximately 2892.5 acres of property located in Collier County, Florida. The subject property is generally bordered on the west by Lely Estates, on the north by CR 864 (Rattlesnake Hammock Road), ::In the east by eR 951 (Isle of Capri Roadl, and on the south by u.s. 0 (Taroiarni Trail East). It is the purpose of this document to establish the standards and guidelines for the future development of this property. !OO, n51 PAd86 1-1 -- -----------~- - - ~enrja Hem N Novernber 13, Page 35 0 1. 02 LEGAL DESCRIFTION All that part of section 21, Tow~ship 50 South, Range 26 Ea't, Collier County Florida being more p~rticularly described as follows: Commencing at the Northwest corner of said Section 21, thence" along the west line ~f said Section 21. South ZO_SB'_OgM west, 50.11 feet to the South right-of-way line of C.R. 864 (Rattlesn<!ike Hammock ROr3d); thence along said right-af-way line. South a9a-13'-2S~ East, 1596.21 feet to the POINT OF BEGINNING of the parcel herein. descr.!.bed: thence cgntinue along said right-af-way line. South 89 _13'_2SM East, 10~9.S6 feet; thence cgntinue along said right of-way line, South 89 -14'-25R East, 2617.27 feet to a point on the east line of said Section 21; thence along the east line of ~aid Section 21, South 4Q-03'-03~ West, 513~.63 feet to the Southeast corner of said .section 21; thence a'onq the ~outh line of said Section 21, No~th 89o_28'_16w West, 5166.93 feet to the southwest corner of sa'id Section 21; the rice slang the west -line of Eaid section 21, North 2 _SB'_OBw East, 2187.29 feetJ thence 19avinq the west line of said Section 21, North 51 -S1'-57" East, 1418.70 feet; thence northeasterly and northerly, 695.56 feet along the arc of a circular curve concave to the northwest, having a radius of 810.g0 feet and being subtended by a chord which bears North 270-15'-56" East. 674.39 feet; thence North 2. -39'-54" East, 2.58 feet: thence northerly 136.03 feet along the arc of a circular curve concave to the west, having a radius of 1390600 feet and being subtended by a chord which bears North 0 -08'-19" West, 135.98 fegt; thence North 870-03'-29" East, 227.18 f~et; thence North 160-18'-47" East, 890.35 feet; thence North 18 -20'-17" West, 483.06 feet to a point on the South right-ai-way line of C.R. 864 (Rattlesnake HammOCK Road) and the point of beginning of the parcel herein described: continued on next page 100' r51 PIG, 187 1-2 (' -- --- -'------ - -rgenda :t(3ITI I\J November 13, Page 36 Continued from previous pag~ AND Section 22, Township except the North 1/2 ~xcept the Northeast Northl!bst 1./4. lying florid~, SO south, Range 26 F.ast, less and of the Northwest 1/4 and less and 1/4 of the Southeast 1/4 of the west of C.R. 951. Colli~r County, AND s~ction 27, Township 50 South. Range 26 East, lying west of C.R. 951, Collier County, Florida, "-ND Section except (oIl i e ( 28, Township SO South, that land as described in County Public Records, Range 26 East, less and D.n. Sook 542. page 765, AND That part of the East 1/2 of Section 33. South, Range 26 East, lying nortn of U.S. Traill Collier County, Florida, Township 50 41, (Tamiami AND That part of Section 34, Township 50 South, Range 26 East, lying west of C.R. 951, Collier County, Florida, AND That part of Section 3, Township 51 South, Ran9~ 26 East. lying North of u.s. 41, (Tamiami Trail) and West of C.R. 951, less and except a 220' x 220' lot at the intersection of u.s. 41 (Tamiami Trail) and C.R. 951, and more particularly described in O.R. Book 124, Page 459 of the Public Records of Collier County, Florida. All subject to easements and restrictions of record. 1. 03 TITLE TO PROPERTY The subject property is currently under the ownership and control of Lely Development Corporation, Triangle Properties Southwest. Inc., Resort Development of Collier County. Inc., Flamingo Investment Southwest. Inc., Eagle Consolidated, Inc. and Associated Real Estate Southwest, Inc. 100' r.51 PI" 188 1-3 ~.,------_..------_.- - _enda Item No November 13, Pa~)e 37 of '.'1"':'" '( ... V . ,;". ~:." ,f,. :Jr,,';' ~," 'a' IV <fl: : .,~o .:it., ~ '~,:;'-. K;., ~~~.,,' ';~i,:. )'~).; .j ., :1", ..., :\I~'; SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE 2.02 this Section is to generally development and delineate will apply to the project. GENERAL PUU~ or DEVELOPMENT describe the the general The purpose of. plan of the conditions that Lely Resort is a planned community including a mixture of residential use, commercial-and community-oriented facilities, and recreational, conservation, and water management-related elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES Regulations for development of Lely Resort PUD shall be in accordance with the contents of thIs document, DRI Development Ord&r 85-3 as amended by Resolution 8S~249, together with sections of the Collie~ County Land Development Code and O~dinances in effect at the time subsequent development order applications. to the extent applicable ordinances or codes do not conflict with or restrict development rights. development conditions, and development mitigation contained in this document or the Development Order. Where these regulations fail to provide development standards, the provisions of the most similar district in the County Land Development Codes shall apply. b. Unless otherwise noted. herein or in the development order, the definitions of all terms shall be the same as the definitions set forth 1n Collier County Land Development Code in effect at the time of future development order applications. 2.04 FRACTIONALIZATION or TRACTS a. When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Development Services Director or his designee (hereinafter called Development Services Director) for approval, prior to the sale or development of such property, a boundary 2-1 loor r.51 "" 189 (\ --..--.---..----.- , - - ~1\U'i~,,11C1rl"r\i,O _,~ ClI,_~J__-. \\;OV(-;rntler 13. 2 Page 38 of drawing showing the tract and the building parcel th~rein (when applicable) and in the c~se of a residential area, the number of dwelling units of each residential type a5sign~d t~ the property and in the case of .:'I commer::ial are", tile s4uarf't !ootaQE ~s:;igot-d. to thft property. b. In the event any residential tract Dr building parcel is sold by any subsequent owner, as identified in Section 2.04(3), in fractional parts to other partie~ .__for development, the subsequent owner shall provide to . the Development services 01 rector, for: approval, prior to the sale or development of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to ~ach of the fractional parts. The draw~ng shall also show the access to those tractional parts public street. location and si=e ot that do not abut a c. In the event a comme~cial tract or building parcel is sold by any subsequent owner, as identified in Section 2.01(a), in fractional parts to other parties for devI!lopment, the subsequent owner shall provide to the Development Services Director, for approval, prior to the sale or development of a fractional part, a boun1ary drawing showing his originally purchased tract or building parcel and the fractional parts therein, and the commercial square footage assigned to the property. The drawing ~hall also show the location and size of access to those fractional parts that do not abut a public street. d. In evaluating the fractionalization plans the Dev~lopment Services Director's decision for approval or denial shall be based on compliance with the critlHia and the development intent as set forth in this document, conformance with allowable acce~sibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. . . If approval or denial (IS) .""orking days, the automatically approved. is not issued within fifteen submission shall be considered f. This ~ection is intended to providQ whereby developer, its successors and a mechanism assigns, could 2-2 100' n51 PIGl1.90 fJ-,oS'nda item N rJovember 13. Paqe 39 of convey tracts or parts of tracts prior to development, whether platted or unplatted, and Assign dwelling units or commercial square footage thereto. The contents of this section are not intended, nor do they alleviate, the requirement, if any, to plat any trac~ or parct!:l created by fractionelhatioll prior tv physical development of said tract or parcel. 2. 05 LAND USES Land use types with approximate acreage6 and total dwelling units are indicated on Exhibit ~H" Master Land Use Plan RZ-l98. Changes and variations in design and acreages shall be permitted to accommodate topography, vegetation, and other site conditions during construction plan and final plat approval. The specific location and size of individual tracts and the assignment of dwelling units thereto &h~ll be determined at the time of Site Development plan approval in ~ccordance with th~ Collier County Land Development code. The final size of the recreation and open space lands will depend, on the actual requirements for water management, golf course layout, roadway patternt and dwelling unit size ~nd configu~ation:. PROJECT DENSITY 2.06 The total acreage of the Lely Resort property is approximately 2892.5 acres. The maximum number of dw~lling units to be built on the total acreage is 10,150. The number .of dwelling units per gross acre is approximately 3.5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLINGS UNITS All properties designated for residential uses may be developed at the ~axirnum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified in acco~dance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,150. Approximately 1850 single family units and 8300 multi-family units have 2-3 ;ee, 0.51 PlG[ 191 ..-,--~----~,-_._....,-_.- l\CJCrK1a !I,::<m hJo. f\rov8rnb.:~:r 13. 2 F-'age 40 of been planned. variations from th~se numbers ~hall be permitted provided that the maximum number of dwelling \lnits by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include ~ll c~retaker's units but does not include the d~'i9nated hotel room,. 2.08 DtVELOPMENT ScQUtNCE AND SCHEDULE The applicant has not set ~5tageG~ for the development of the property. Since the property is to be developed over an estimated 40-year-time period. ~ny projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table III indicates by phase, the estimated absorption of units for the estimated 40 year development period. Recreational facilities shall be constructed upon completion of the corresponding phase as sho~n on Table I. 2.09 PRESERVATION OF NATURAL VEGETATION AND TREE REMOVA~ Clea:ing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document subject further to applicable provisions of the Land Development Code. 2.10 ~SEMENTS FOR UTILIT1ES Easements utilities easements Division in effect shall be provided for water management areas, and other purposes as may be needed. Said and improvements shall be in compliance with 3.2 of the Collier County ~and Development Code at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance with applicable regulations in effect at the time approvals are requested. 2.11 EXCEPTIONS TO THE COL~IER COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived: a. Division 3.2, Section 3.2.8.4.1. of the Land Development Code: Access. The Oevelo~ment Services Director may a~prove minot relocation of proposed access points as shown on the P.U.D. Master Plan. Additional access points shall be subject to the 2-4 100' 051 PIG, 192 jj<Jenja item No. r\Jov'~mber 13, 2 F'age 41 of approval of the collier County Planning Commission. The petitioner shall submit an access plan to Project ~ev~eW Services for review prior to th& cepe Hearing. b. Dtvisi::m 3.2, Sectlcn 3.2.6.4.16.5. of the Land DavHlcpment Cede : S~rec~ r~V6mcnt Width~ (Waiv~ requirements for local roads to nave two--(1) twelve foot lanes, ~ubject to the &pproval of th& County - Engineer. c. Division 3.2, Section 3.2.8.4.16.6. of the Land Development Code: Dead End Streets. (Waive requirements that cuI de sac streets shall not exceed one thousand (1/000) feet in length.) d. Division 3.2, Section 3.2.8.4.15.8. of the Land Development Code: Curb Radii (Reduce requirements from forty (40') foot radlu5 to thirty (30' l foot radius at local to local road and local to minor collector road intersections only). e. Division 3.2, Section 3.2.8.4.16.9. of the Land Development Code: Intersections requiring curved streets to have a minimum tangent of 75 feet at intersections. 2.12 LARE B.!ING AS depicted on Exhibit H, Master Land plan (RZ-19B), lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall ae~thetic character for the project. to permit optimum use of the land, and to increase the efficiency of th& water management network. Accordingly, the setback requirements described in Division 3.5. of the Land Development Code may be reduced with the approval of the County Engineer. Fill material [rom lakes is planned to be utilized off-site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 RO~DS Major and minor collector roads indicated on the Master Plan will be public roads. Local roads within the development may be either public or private roads. depending on location, capacity, and design. 800' 0.51 PAG~ 193' 2-5 e' ;.'~ .~.._---_._."-~_._-~--_.. !--,:.J2n::a :1S:TI No. N-cvember 13, 2 Page 42 of 1 2.14 SITE DEVELOPMENT PLAN APPROVAL The provisions of Division Cocl~ sh~ll apply to ~ll Developcent Plan approval. 3.3 0 f the proj'!cts Land Development ~equiring Site a. In the case of clustered b~ildings and/or zero lot line with common architectural theme. or non- residenti~l uses listed in Section 3.06. ~equired p~operty development regulations may be w&ived or reduced provided a site plan is approved under Division 3.3 of the Land Development Code. 2.15 MODEL HOMES AtW MODEL UNITS Model Homes and units shall be permitted in conjunction with the promotion of the develapoent subject to the following: &. Mode16 may be constructed prior to approval of a plat. b. Models permitted as "dry" models (which have no water and sewer connections) must obtain a conditional certificate of occupancy for model purposes only. "Wet" models (whiCh have utilities connections) may not be occupied until a permanent certificate of occupancy is issued. c. "Wet" models utilized as "sales offices" must obtain ~pproval by and through the Site Development Plan (SOP) process or whatever approval process Is in effect at that time. The SDP process shall not be required for dry models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e. Temporary access and utility easements in lieu of dedicated right-at-ways service to model homes or units. may be provided for temporary f. Sales, marketing, and administrative functions are permitted to occur in designated ~wet~ model homes or units within the project only as provided herein. 2-5 100' r.51 PlG~ 194 ...--..------.-.--..-.--- . ':'", ,of; \:'~': ,,:.:r,'-f ir\\1t ~~I, 'g'>' ,-._,,-":' l' : !;!~:"- "'f . r:; .~~; - I ;\ I . I . . " < ! 2.16 i , ! I ,I :1 - _gsnda item N Novenlber 13, Page 43 0 g. The "wet" model may be served by a temporary utility sY5tem with ultimate connection to the central system. Interim fire protection facilitl~& in accordance with NFPA requirements are required unless a permanent water $ystem is available. A wat~r man~gement plan ~ust b~ provid~d w~ich accommudates the runoff fro~ the model home. parkin~, access road/driveway and other impervious surface. The system shall be designed and constructed so that it is integrated with the master system for the entire development. SALES CENTERS a. "Sales Cente(sft may be constructed prior to recording of a plat. hSales Centers" may be serviced by a temporary utility system (i.e. dry well a~d septic tank;drainfield) prior to av~i13bility of central utility sysL~ms at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NfFA requirements or as approved by the ap?ropriate fire district are required un+ess a permanent water system is available to serve the Center. I 'I <i i ;\ I I d j t , b. Review and approval of "Sales Centers" shall follow the requirements of the Zoning ordinance in effect at that time. ~ metes and bounds legal description shall be. provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the Development Services Director. ^ water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and accesS road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the -entire development. 11 I . a , 1 i h '1\.. 1 Mo' r.51",d95 2-7 - - - "".\" J.' ;1 ., ij :1 , LELY RESORT COMMUNITY LAND USE SU~MARY Refer to Exhibit H Master Land Use Pl~n RZ-198h ,'( ./ , c I /; ;j "! , , .' ~ ,1 , t.' :1 ;;, ~ : t: " J,.I'~'". Ie i fi P 100' n51 PAGl196 iJ , ~ "11 i ;'1 " ! 2-6 H ;1: Ij ~\ --.---------------.-.. -~t1UI~ """'11"" 1,10 ...",,~. _" Il'~ , " . No\/srnber" 13. 2 Pa'Je .14 of - I - _genda item ~~ November 13, Page 45 0 .. c' } \. ESTIMATED MARKET ADSORPTION SCHEDULE , TADLE I [;[J YEAR RESrnEl'o'T. RC UNITS HOTEL RMS hl-ll9SS - 13.600 I 2M :3 __1__ ' 19QO ~r 1128 300,400 36 364 -350 Rooau 1995 ill .: 1996- \482 56,t\.iO 736 1850 ;, lOCO ~~I' 1526 ~s I I v 1006. 1250 9<l.OOO 1400 20ro I VI I lOll - J 1300 I~ooo : 2015 [vn I I I 1;:- 1500 135,roo V1II ' 2021 - '500 m.ooo , I . 2025 TOTALS 40 10.150 82D,()JO 54 1500 I 350 Rooms ,SSO 31S,COO S.F. . 315,()(X) SF of hotel commercial space is included. ",l ,i ',I " ~, t , '1 '0\ ~' ! I l , I ,\ i , . ::1 .V2.5m"'lOltl()O}.J't.r f :1 d I :1 I i\ 2.9 100' 051 PAGl197 ,{,: ',r",,; :'it,;..:': ',~,. t.:; .' -".' .: ".-:, .r":~~' . .,l':' I'tr'~',: ~," . ,. , ". ~'; 'J!~'" .. }; -, - _" f"lCl;cik'>'lllNo j' '0 ,.~ , . Qvernber 13, 2 46 of SECTION III 'R' RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is regulations for the are~s designated Land Use plan RZ-198 as 'R'. to set forth the on Exhibit 'H' Master 3.02 r1AXIMUM DWELLING UNI'1'$ A maximum number constructed O~ lands by section 2.07. of 10,150 dwellings units may b~ designated as 'R' except as permitted 3.03 GENERAL DESCRIP'1'ION 3.04 __.Areas _~esignated ,as 'R' on the Master Land Use plan approximately total 1171.0 acres and 'are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services. customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities --provided -~uchuses meet the development standards as set forth in this document. Approximate acreages of all residential tracts have been indicated on the P.U.D. Master Plan, in order to indicate r~lative size and distribution of the residential uses. These acreages are based on conceptual designs and must he considered to be approximate. Actual acreages of all development tracts will be provided at the time of fractionalization in accordance with Section 2.04. Residential tracts are designed to accommodate internal roadways. PERMITTED PRINCIPAL USES AND STRUCTURES 11 Single family detached conventional 2) Patio and zero lot line 3) Single family attached and townhouses 4) Villas, and garden apartments/condominiums 5) Midrise apartments/condominiums )-1 100' n51PAGt198 , q ~.l "1 11 " II' y&y jf';" ':~', '1"\' , ", .~ 'J " d~;. .' .::.,..'.' '~,/; ,~~: V~? Agend2 Iten"! No. NO\l':.~mb8r13, 2 Pag'" 47 of ).\ 't,~ '~j ; ~ 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 2 ) Accessory with uses. ES"lienU 211 uses and structures customarily permitted in this district services and facilities associated 11 3.05 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.14(21) 1) Religious faciliti~s 2) Civic and cultural facilities ~) Educational facilities 4) Private clubs SI Child care centers - owner occupied c) Rest homes. foster homes, rehabilitation center, hospices, adult congregate living facilities 7) Oth-er non-residential uses customary in residential districts 8) A" welcome 'centet facility to encompass sales, marketing and project administrative functions. The welcome center facility shall be removed or converted to an. allowable use as listed in Section 3.04. 3.05, 3.06. 1) thru 7, at such time as 801: of allowable residential units have been developed within the Lely, A Resort Community PUD. (Note: The Lely. A Resort Community PUD is restricted to one such welcom~ center at any given time,) 3.07 DEVELOPMENT STANDARDS Tables II A ~nd B set forth the development standards for land uses within the 'R' Residential District. Site development standards for category 1. 2, and 3 uses apply to individual dwelling unit parcels. Standards for category 4, S. and 6 uses apply to fractionalization parcel boundaries in accordance with Section 2.04 of this document. front yard setbacks shall be measured as follows: 1) If the parcel is served by a public right-of-way. J-2 100' n51flG,199 ._~.. ..----.~._"---'-_.~ , ',;"~ ;' ~.;,~ \l~ <tIlk,,' 1./ ~-\ ~ .~Vf.", _ i: .~ ,r .,..l.~;. y~~~.. ,~'. ..' ',' ;f'....' V,. :;~,.~'5' " . ~;I';. "..).:, ". '" " ',", r :': ih:;C :J:~~ ",',,',,; Agenda Item No. November 13. 2 Page 48 of ;;.. ~j ~:,i . 'Ii " ";.. ,t ~~i ~ ! setback is measured from the adjacent right-af-way lin'.. 21 If the parcel is served measured from th~ b~~k whichever is closer. by a private road, setback Is ol curb or p.dge of pavement ~tandards for parking, landscaping, signs and other land uses not 'specified herein are to be in accordance with Collier County Land Development Code in effect at the time permits are requested. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. (~ H >-). : ~ :., ;,j tt if .! '.lil ., " i~ .I., :; 1'~f rt J'~ i1 '{ f:l -' ~ \; 3-3 100' 051 "Gt 200 --~~'-'--'----_._.- - - DEVELOPMENT STANDARDS 'R' RESIDENTIAL AREAS PERMITl"ED USES Si ANDARD~ SINGLE FAMIL Y DETACHED I SINGLE I FAMll..Y A iT ACHI:D TAllLE U A PATlQ &: CLUSTER HOMES J JOC() SF 50 6(J '" o Of 10 o '0 o 2 o or 10 750 laWN HOUSE. 4 . AC 130 .50 3D I :5 I" I :: I' \.3 STIH 1.000 GARDEN Al'l'. 5 . AC 150 200 30 or BH UJ I 20 I Ell 110 I , ..5 SBIl .000 .....,.oenda item ~~ rJo\i9111ber 13. Page 49 0 MlDRlSE APT. 6 lAC '50 200 30 or DB 20 20 2-- I 10 6 .5 SBH 750 SITE WIDTH: Thc....e.ro,'~~~~~'{l':Ol.u>dlU.l'pur::cltmd.le.l.dll~o(lJltriJe.,m~dRN.iJbtu.x..bcl,..e.e;a\h.e.r~ poi.nLlO(LheridcpuccJlilla.lhctroc.'(/IIIlbcpoillEol~C.'Qy,jlbl!lerrocllpa.l"'d~).mdl.be/l:.UtllOltpoill.lalLbcp..redlil:lc:lU~IUl"(poiJ,tolita~OIlo ..uhu.ru.t~l.in~). CA.Legory Minimum Silt: Ana ! Sit.e WidJ.h MiD.. AVE'..I Site Ikplb. Min. Avg. Pront Yard Se.1back: Side Yud Setb.u.k I 9{)(X) SF 75 I 2 i!ili: (SL.ll:Q ol B<li.ldi.nt; Hcicbu): CocnbinlOd bdtht 0( rwo odjottnt buildiDp tor the po.upou- oJ d~.mUnin, ~ r<:-q<ri=cnl.L (\ WYJ SF 50 120 JO 120 I 30 . I I 0 or 10 '0 LU.e Setbac!::. (CDrurol) 20 . R~ yl1tt1 Selb~cX ,.- ~ Yard Selba.cl::: ^==r I MuJmum Building Heigh!. St.crie.s Abovt Pukln. ' " UJ 10 2 Duta.oce Between Prloclpal StrIlcrures Floor Area MID.. (SF,) 20 Oor 10 1200 1000 SITE DEPnr AVERAGF.: ~ by dMdm.lhe rit.e UQ by the .~ .....<Ill>. uvm~IOIOOOjPU _.-_.-.-------~.'"- 100' (:51 PAG~ 201 J. -- .. - '~IUoVITID lJU..3 \ 1.AJ'ft>AAOlI.,.---.~..---", '"'-' Mlni.mwn S,u An:..o. S~WidltjMin..^,,<<. S~DepU>Min..^..,. FI'tllW. Yll11 Sal:.cl; R.t..o.r y~~ ~d lteatY&.rd&ili.o.d ...""n,,,,, M.uir:nlEl Build-in<< H~ Sl.Oo'"iu Ab:1n: ''''"'' IXctan= iJ.a.....:= Prlocipol,""" FloorAru MIa.. (S..F.) - -\t.;ri::-ja il<:::HTi f~o. vernbsr 13, 2 50 of 1 DEV'f.LOP~E:1'n' STANDARDS 'R' RF.S/OUo"TIAL AREAS nllLEIl n " ~_----L~ '" "jSid.:Y&td;o<iliod I 10 _~ JO I I lake B:;:::~---T-;~~ I 21l --r-;:;-~ > ,I I I J00<8rt_JOo<BfI JO<<UH . J:) I, 10 1 lD I I av" eut.T\,1().t., . U c:nntU ltwatoU1 f^cn.rr;1.! """lCUM:. """" A. deu:rmir,..:l dYN'll fncti~uu...tiQll ~l undef 5<<l;iool04 lJId Se.ct:lc:n 2.01. ^, do.u.:n:nined d~filll C....ai<x1&llu.tion pru=.lt linder SuUOtI 104 ..-.J So:::rioa 2.0~. ^.dr_,.,nnine<ldurinl(..nia"liuciOQ~lunders.uri"",:l04",,dScc:ti0l:l2_03. 10 10 10 10 10 50 JO '" 10 ..'! SBn .3 SBn ..'! SBH ..'!SBH .5 SBH ~a UdcorfT-Uyanl i.I adj.o.~ tol W:e,th: Uk" ~ .rJb,od;: r.h.o.ll &~m.l.l:ld IkUdeywd Jdb.ci: a.l:..d.lbe .....JvW. SJTE: IJEP11/ A VERAGE: ~ by d.ividbJl the r.i1e lIU. by the IIi.l.e widlh.. 100> OTHfJII nu I ~:'J'TW~p I'ttc..:..mry R.elw..uioru in clfeaulbe lime. pc.rmilil """"",,- 10 I J I > I ! srrswmnl: The ~(l'dilu;oa:~ nra4,hI~ =r.amtrrmxudrutpuWlint:ll.l~d:lt:iJcollbc rite,m~a.I nn.itbl~~lbclllnlll poinuolr.he!.ilk puu.J linl';$ mth:frool (1.1 thepcinlo(lm..m.aiQll,..;tbthl!r~~lil:ae)ald\bl!~pQialoflbl! puod liDuutbt: ~ (pciDI.tL~ea. oritb~~~w,~). fllli.: (Sum d BlI"u<fin, Hapll); Co.nbinc:d bnpu or f'MCl ut;"= bJildin" for till! purpol<: o( cku.m>.ininl'tJ.b.aQ: requir=cnt.l.. 21'lSm.01CI0lXl5PU' J,' 100' n51 PIG[ 202 ;0 10 " - - Agenda item No _ov"mI:9r 13. 51 of SECTION IV C-l COMMERCIAL/COMMUNITY -~,,-~"'-'-~""""_.~."'" ~.--.~....,.., - -," - .-..-...-".... 4.01 PURPOSE "The purpose of this Section is to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use plan RZ-198 as C-l. The C-l tract is . - intended to provide for a broad range of communi ty oriented commercial uses to serve residents of the Lely development and the surrounding area. The types of uses anticipated include general retail, professional ~nd business offices, shopping centers and highway oriented facilities. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, erected, altered or used, or land or water used, .or in'pa~t, _for,ot.he_r than the follo....ing: A. Permitted Principal Uses and Structures shall be in whole 1 ) Antique supply service . shops"; 8ppliance stores; art studios; art shops; automobile parts stores; automobile stations, awning shops. 2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 3) Carpet and floor covering sales which may include storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses, commercial schools; confectionery and candy stores; childcare centers. 4) Delicatessens; department storesj drug storesj dry cleaning shops; dry goods stores; and drapery shops. 5) Electrical supply stores; equipment rentals. 4-1 100' 051 pm 203 :" - ,I w' :i - _~",t}l-'r."jj,c:::.~--'I" '\:;J~ ,,~<.. ,L."l II . ..Jov~;rnber 13. 520 6) Fish market retail fraternal and social furniturft stores; furrler shops; homes; only; :lubs; shops. flod st funeral 7) Garden 5upply stores - outside display in side and c~ar yards; gift Sh~p6; glass and mirror sales - including stcrage and installation; gourm~t shops. B) Hardware storeGi hat food stores; homes hospices; hotels and cleaning for the motels. and blocking; health aged: hospitals and 9) Ice cr~am ctores. lO} Jewelry stores. ll) Laundries self servl:e only; leather goods; legitimate theaters; liquor stores; locksmiths. 1~, ) Markets - food; markets meat; ~nd clinics; millinery shops; the~ters; museums; music stores. offices ?ictur9 medical motion 13) New car dealerships - outside display permitted; news stores. 14} Office - general; office supply stores. 15) Paint and wallpaper stores; pet shoPSl pet supply shops; photographic equipment stores: pottery stores; printing; publishinq and mimeograph service shops~ private clubs: professional offices. 16) Radio and television sales and services~ research and design labs; rest homes; restaurants. 17) Shoe repair; shoe storesj souvenir stores; stationery and sanitoriums. shopping centers; stores; supermarkets IS) Tailor shops: tile; tobacco stores. taxidermists; tile sales - ceramic shops; toy shops; tropical fish 19) Upholstery shops. 20) variety stores; vehicle rental - automobiles only; veterinarian offices and clinics no outside kennels. 4-2 100' r151 PlOt 204 L\genda itern No. November 13, 2 Page 53 of "~Yo ~,: :'-0." Jf' ~;;: .'lii"., .' , ,.~~....> .,. "', .~{! \' :;' ~ 21) Watch and precision instrument repair shops. 22) Water management services. facilities and ess~ntial 23) Any cth~r commercial use or profe3s~onal ~e~vice which is comparable in nature with the foregoing uses ~nu which th~ Development Services Director determines to be compatible in the district. B} Permitted Accessorv Uses and Structures 1 ) Accessory associated district. uses w.i.th and the structures customarily uses per~itted in this 2) Caretaker's residence. 4.03 DSVELOPMEtlT STANDARDS I} Minimum Site Area: As approved under Section 2.04 21 Minimum Sit& width: As approved under Section 2.04 3) Minimum Yard Requirements from parcel boundaries: Twenty-five (2S} feet plus one (l) foot for each two (2) feet of building height over fifty {SOl feet. 41 Distance between principal minimum of five (5) feet from front to rear yard. structures - None, or a with unobstructed passage S} Maximum Height of Structure: One hundred (lOOl feet above the finished grade of the site. Minimum Floor thousand (1,000) ground floor. 7) Minimum standards for signs, parking, lighting. and landscaping shall be in conformance with applicable Collier County Regulations in effect at the time permits are sought. Area of square Principal feet per Structures: building on One the 61 ~OO' 051 ,m 205 4-3 --~-"._---------~-,~-_...-"-",. -'--'--'-~'----"----- " i::'..q0!'~(~5 !ten: No. r~'o\lernber 13, 2 54 of i,'" ~~I:i i, .:,,',.,.. J.:t 1 -, ';~~~ f'; ", "r , . tj "I 't "I ", '; SECTION v C-2 COMMERCIAL/PROFESSiONAL ,_., 5.01 PURPOSE Thft purpose of this Section iE to set forth rhe regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-19B. as 'C-2'. The C-2 tract is intended to provide for the professional, office, and business 'related needs of ~rea residents, supplementing the retail nature of the adjacent (-1 tract. 5.02 PERMITTED 2SES AND STRUCTURES No building or structure, or part thereof, erected, altered or used, or land or water used, or in part, for other than the follo....ing: shall be in whole A. Permitted Principal Uses and Structures: 1) Business and professional financial institutions. cffices; banksr 2) Churches ~nd other places of worship; civic and cultural facilities; educational facilities. 3) runeral homes. 4) Homes for the aged; hospitals; hospices and sanitoriums, hotels and motels. 5) Medical laboratories; medical clinics; medical offices, mortgage brokers; museums. 6) parking garages and lots; private clubs 7) Real estate offices; research design and development activities; restaurants~ rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: r~o odor, noise, etc. r detectable to normal senses from off the premises are generated; All work is done within enclosed structures; and NO product is manufactured or sold, except incidental to development activities. 5-1 IDOl f151PAGt206 ., " H n 11 "1 .---..-.------.--- 9) Transportation, communication and utility offices - not including storage or equipment. 10) Water management services. facill ties and essential 11) Any other commercial use or professional secvice which is comparable in nature ~ith the foregoing uses and which the Development Services Director determines to be com~atible in the ~i~trict. a yermltted Access~ Uses and Stru~tures: 1) Accessory uses and structures customarily associated with uses pe~mitted in this district. I) Care:~ker's rer,idence. 5.03 DEVELOPMENT STA."'1DARDS: 1) Minimum Site Area: As approved under' SectJ.an 2.04 21 Mi~i.u. Slt_ Width, A. aP2,oved under Section 2.0' )) Minimum Yard Requi~ements fro~ p~rcel boundaries! Thirty (30; feet , 1 Maximum Height of S~ructu(es: the finished grade of the site, under building parking. Fifty (50) feet above plus ten (10 J feet for 51 Minimum Floor One thousand ground floor. Area of Principal Structures: (1,000) square feet per building on 61 Minimum 1/2 the greater. Distance Between principal Structures: 30' or sum of the building heights, whichever is 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought. 5-2 1001 f151"c,207 ;:" " :~:!'i '.. f. ;.- if u ".t .,( , ;\ G. '01 srCTION VI C-3 COMMERCIAL/NEIGHBORHOOD Fup.pest.' Th~ purpose of thlx Section ls to set forth the regulations for the areas designated on Exhibit 'H', Master Land Use Plan RZ-198, as 'c-3'. The C-3 tract's are intended to provide residents with conveniently located commercial facilities and services that are typically required an a regular basis < 5.02 PERMITTED USES ;v~D STRUCTURES No -building or structure, or pa:t thereof, shall be erected, altered or used, Qr ;.and or water used, in whole or in part, for other than the following: A. Permitted Principal Uses end Structures )1 Antique 5hopSi appliance stores; art Gupplies; automobile parts stores; &ervice ztations. studios; art .automobile 2) Bakery shops; banKs and finan~ial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle s~les and services; book stores. 3} Carpet and floor covering sales (including storage and installation) child care centers; churches and other places of wo~ship; clothing stores; confectionary and candy stores. 4) Deli~atessen, drug Gtores: dry cleaning shops: dry goods stores and department stores. 5) Electrical supply stores. 6) fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales: interior decorating showrooms. 6-1 1001 r.51PlGl208 i ! , .....~----_._-_._- . .l\oenda item 1\10. N-'overnber 13, 2 Page 57 of I ., , , , }i ,..c .,t' " ;1 " , 10) Jewelry stores. 11) Laundries - self-service; leather goods ilnct luggage stores; locksmiths and liquor stores. 12) M~~t roarket~ medical office cr clinic f~, human care; millinery shops; ml1sic stores. 13) Office (retail or professional); office supply stores. 14) Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and appliance stores; shoe 5ales restaurants. service I small and repairs j 16) souvenir stores: stationery stores; supermarkets and sanitoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) variety stores: veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument Eales and repair. 20) W~ter rn~nagernent facilities and essential services. 21) Any other commercial USe or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. B) PERMITTED ACCESSORY USES AND STRUCTURES: 1 ) uses and with the structures customarily uses permitted in this Accessory associated district. .' .; ., I. 2 ) Caretaker's residence. 6.03 DEVELOPMENT STANDARDS: .; 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 6-2 100' 051 PIG~ 209 , , .. "~ "'. "; , 'i..,:~, .l;i ~i~'" "t.. ,~ .:.:k,(;~ '"J"'" '''ill;,' ~ .,..." ;' f! n~ t, ~-' . 'Jl' .' , -!.;, ~ ~' 'r;{t', Ii "' . ;) 1"' ':.-'J ~.; .~ .: it! .;1 ,I, '~ -'-f H ! 3) Minimum Yard Requirements from parcel boundaries: Ab~tting non-residential areas: Twenty five (25) feet Abutting ~esidential 3re~5: Thirty (3S) f~et in which an cppropriately desiqned and landscaped buffer sh~ll be provideu, ~s deter~ined under Section 2.14. 4) Distance between principal minimum five (S) feet with front yard to rear yard. or a from structures: None, unobstructed passage S) r.ar.imum Height. of Structures: Fifty (50) feet above the finished grade of the site. 6) 11inir:um Floor Area of principal Structures: One thous~nd (1,000) square feet pe~ building on the ground floor. '1 7) Minimum standards for signs. parking, lighting, and landscaping shall be in conformance with applicable Collier county regulations in effect at the time permits are sought. d -,1' , (; -;1 d d II ;1 ., It ., '.1 1001 r,51FAGt210 6-3 '~i!i .~. .' ,:.1: ,..;. ~'(' ""~;".' ~" ;~.., /' ~'; \ " '....'..'.' l' '. :' ...; '1'~1" ',l: :t.;. ; , ., j;l .:\ '.+ ~ -~ ;I q. ~l .'n' \"'~ , -d Ii 7.01 ;1 7.02 7.03 - - _lenda.ltern N -r-JovGrnber 13, P3qB 59 of SECTION' VII 'EC' EDISON COLLEGE PURPOSE The purpcQ~ of this Section iQ to s~t forth the regulations for tha area designated on Exhibit 'H', Master L~nd Use plan RZ-198, as 'EC', PERMITTED US~S AND STRUCTUR8St No building cr structure, or part thereof, shall be erected, altered, or used. or land or water used, in whole or in part, for other than ttle following: A) Permitted Pri~cipal Uses and Structures 1) All uses normally associated with a community college campus including but not limited to: Auditoriu~s. classrooms, cafeterias, gymnasiums, laboratories, lecture ha.lls, libn,ries, offices, thl!!aters, etc. 2~ Water Man~gement facilities and essential services. Bl Permitted Accessorv Uses and Structures 1) Accessory associated District. Caretak.er's uses and structures customarily with princIpal uses permitted in this 2 ) residence. OSVELOPMgNT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 50' frem all 'EC' tract boundaries for principal structures, 20' from lake banks 4) Maximum Height: 100' 7-1 MO' f151PAGl211 't,,' "'. lj 1. ; ~. n '1 ~', . '.) ~ '. ~: ; i !\ '.' :'i{' iiI1!"'. ~ :: f~~ r~: ) l...~. \'1,- ~ ~F ::;:!~ "i l~' , .::~ '!{". .,(1. f~' XC " 5) Minimum rloor Area of Principal Structures: One thousand (1,000) square feet per building on the first habitable flon! 6) Distance betw~en principal structures: 1/2 the sum of the building heights or 30', whichever is greater. 7) ~inimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are $ought. 8 ) Sighting :. i.'hich wil properties cilities shall be arranged in a manner protect roadways and neighboring ,O~ direct glare or other interference. iI' , ti .,.., ..-',t f} .' 100' r.51 'AG[ 212 7-2 , . . ! ! r i \ ,I ':t , A]enda item N f~over:lber 13, Page 51 of I ".r ., , ") SECTION VIII s ,., 'CC' CULTURAL CENTER 8.01 PURPOSE r; The purpose of this Section is to set forth the regulations for tho areas designated on Exhibit 'H'. Master Land Use Plan RZ-198. as 'CC'. 8.02 PERMITTED USES AND STRUCTURES: No building or structure or part thereof. shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. ~.te~~~_Uses and Structures All uses normally associated with a cultural center including but not limited to: 1) Performing Arts Center, Theater. Auditorium, ;~phitheatre. Art Galleries. Museums, Library, Educational facilities, other uses of similar nature. 2) Water Man~gement facilities and essential services. B) Permitted Accessory Use and Structures: 1) Accessory uses customarily associated with the principal uses permitted in this district. 2) Caretaker's residence. 3) Recreational facilities. i 8.03 4) Offices, gift shops. restaurants. DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2} Minimum Site Width: As approved under Section 2.04 6-1 100' r151rm213 ,. ~i ~1 Cr ! ~ .~.----_._-_._"-_.,... ..__._--------_..~ .1~:' ;,;"1'" I)f,:~;, .~"''''.'.'''.., 1.~, '. ," , \,: ~I., , " ....t~ :. ,/:' ~' ~';:,: W., .,.... e."..'.:."'.'" . ~" , ,2- J;j". " ~. i~~. iIi'i!",p.,.:." ~I;,~;,:., ,:' ,(~.: ~t,. if.' f ~.'i.;.'..:.', " .' .~,';::" 1/"- t~:::' ...." .r:r.',,; ~'~,'!..".'.: i . ~ l.::' '. c" 0"", . ~..." I 3) Minimum Yard Requirements: SO' from all 'CC' tract boundaries for principal structures. 20' from lake banks 4) 1'\.l'lximum hoight: 100' 5 ) Minimum Floor Area of thousand (1,000) square first habitable floor. Principal Structures: feet per building on 61 Distance Q f th,e greater. between principal structures: 1/2 the sum building heights cr 30', whichever is 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable CDllier county ~egulations in effect at the time peLreits ~re sought. 8) Lighting facilities shall b~ arr~nged in a manne~ which will protect roadways and neighboring properties from direct glare or other interference. , 'i :J !f " , U ,I! Ii lJ " -J I ,I ~- I , " 8-2 100' r.51PAGl214 " ~ " d " .; "I , , " On. tho n , . - ; :'1 ;,~' " , "'$ ij 'f , 1 , 9.01 ! 9.02 - A;:jenda IterTi N _November 13, Page 63 SECTION IX 'Re' RESORT CENTER PURPCSE Th~ purp~&e of this Section is to set forth the regulations for the areas deGignated on Exhibit 'H', Haster Land Us~ plan RZ-198. as 'Re'. The Resort Center tract is intended to provide a ~ix of uses including 350 transient lodging rooms; 315,000 square feet of related commercial space such as conference facilities, restaurants, and shops; recreational facilitie$ such as tennis courts, clubhouses, and outdoor activiti.es; and related residential uses. peRMITTED USES AND STRUCTURES No building or structure, or part thereof, nhall be erected altered, or used or land or water used, in whole or in ~'~rt. for other than the following: A. Pe~mitted Princioal Uses and Structures 1)' Flotel, motel, lInd transient lodging facilities. 2) Clubhouse. convention facilities. 3) Tennis and health clubs. 4) Recreational facilities. 5) cluster ~nd multi-family residential accordance with Section III of this including interval ownership facilities. uses in document, 6) Restaurants and lounges. 7) Retail commercial uses, specialty shops. 8) Water Management facilities and essential services. 9) Other uses of a similar nature to those described above. Bl Permitted Accessory Uses and Structures 1) Accessory uses customarily associated with the principal uses permitted in this district. 2) Caretaker's residence. 9-1 100' r51PAGt215 H '--;t Ii ?* \l ,., II ~\ I :Y'I~," -(."':~i '~""", .', >>.' ..~' '"", ;:,\~:~." ~'~~"',:';' ';I~ ,~.~t . !!:.i"~\'" :~::t \\!f//tt(- , ~!.,.,.' ~J't'.::,: l~~r~',' ~.~'; 1:"" ~~"!,, I , ..I i ( I 'I :,.j ~ t .',t 1:'-. .j 9.03 ",1 ., DgVELOPM~NT STANDARDS 1) Minimum Site Ar.e~: As approved und~r Section 2.04 2) Hinilllum. Site Width: As approved under Section 2.04 3) Mini~um Yard Requirements: 50' from all RC tract structures 20' from lake banks boundaries for principal 4} Maximum Height: 100' 5) Minimum Floo~ Area of principal structures~ One thousand (I,OOO) square feet per building on the -~'first habitable floor. 6} Distanc~ bet~een rrincipal structures: 1/2 the sum of the building heights or 30', whichever is greater 7) Minimum st~ndards for Gigns. parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the tim~ permits are sought. B) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other 1nterference. :' , i~I' ;, " .,'~ . . q r~~ n '4J .t',. 'r',l '"l i! ~ " "", " ~ 'l 100' P.51 P1Gt 216 9-2 q l' II .:;, ~ I :1 ii " 1 n 'l {j " ._---_.-----~'-'_." " i ,., ..'j ,L.l ~ . r:~ :1 '1 , .'.} ,''.1 "I ':1 ',' .i )\::;enda Item No iJ'overnber 13. Pags 65 of SECTION X 'GC' GOLF COURSE " 10..01 .unpos~ " The purpose af this Section for the areas designated Plan RZ-19B, as 'Ge'. is to set forth the regulations on Exhibit 'H' Master Land Use 10.02 P~RMITTED USES AND STRUCTURES No building or structure, or part thereof. ~hal1 be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Princioal Uses and Structure~ 1) uolf Course 2) Water management facilities and essential services. B. Permitted Accessorv Uses and Structures Accessory uses uses permitted limited to: customarily associated with principal in this district including but not 1) Clubhouses, pro-shop, practice other customary eccesscry uses other recreational facilities. driving ran9& and of golf courses, or 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted ~ecreational facilities, subject to the provisions of the applicable supplementary regulations of the Land Development Code of Collier County. 3) Shuffleboard courts. tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 4) A maximum of two (2) residential units in conjunction with the operation of each golf course. 5) A welcome center facility to encompass sales, marketing and project administrative functions. The welcome center facility shall be removed or converted to an allowable use as listed in Section 10-1 100' r.51 PAG< 217 .__,_ ,,_____.______...__..__..u-._.____. - i i i . ;{ r .~ 1\ 'I 'I " \ - .1\081 ida itc;nl j\JC. ~'J\.'c.'-"";-),:'r13 2 __-'_.'1<""'" l 66 of 10.02.B 1) thcu 4) at .such timll allowable residential units have within the Lely, A R~sort Community as eO\ of the been developed PUD. (Note: Tho ~estrictcd to tim~. ) Lely, A Resort Community PUD is one such w~lcome center a~ .:sny given 10.03 DEVELOPMENT STANDARDS , " " '1; '.1 il tf.- H :l -.\ '\ ::1 h ~! tI 1.11' ~. ';. ~'i 1) Dverall site design shall be harmonious in terms of landGcapi~g, enclosure of ctructures, location of 'access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall he set back A minimum oE thirty (30) feet from abutting residential districts and an app:opriately landscaped and maintained ~uffer ~one shall be provided. 3} Lighting facilitie5 shall be arranged in a manner which will protect roadways and neighboring y~o~~r~ieG _from ~irect glare or other interference. 4) Maximum Height of Structures: Fifty (50) feet. 5) Minimum distance between principal structures: 1/2 the sum of the building heights or 30', whichever is greater. 6) Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier county Regulations in effect at the time permits are sought. IDOl fl51p>Gl218 10-2 i ;v__ -';,,,, .~~;: ;f; ~~,:' "'~l': ]l;" ~: l~.g8ncia item N r';Jovernber 13. Psge 67 0, , ;i r;.i ;'-l ., T.f , , ;, H SECTION Xl 'CO' CONSERVATION/OPEN SPACE 'I 11. C 1 ; ~ PURPOSE The purpose of this ~ection 15 to set forth the regulations for. the areas designated on Exhibit 'H', Master Land Use plan RZ~19a, aG 'COl. 11.02 PERMITTED USES AND STRUCTURES No building or structure, 01:' part thereof, !>hall bel erected, altered or used, or land or water used, in whol& or in part. for other than the following: II Passive Parks. Active Parks only in development areas approved under 11.02 7). 2} Biking, hiking, c~noeing, and nature trails. 3) Equestrian paths. 4) Wildlife 6anctuary. 5) Water management: facilities, lakes, and impoundment area,. subject to further review by Collilltt' County Project Review Services Environmental Staff to ensure that, water'rnanagement facilities do not degrade the vegetation or hydroperiod on the conservation/open space areas. 61 Recreational shelters and restrooms upon review and approval of Collier County project Review Services. 7 ) Residential land uses as listed in Section governed by development standards as shown in A & B and providing the following criteria are 3.04 and Table II met: a) The project density as listed in Section 2.06 shall not be increased. b} The maximum developed area 1n all 'CQ' areas shall not exceed 20\ of the total and shall be contiguous to existing approved development areas. 01 Every effort shall character of the consist exclusively be made to protect the floral leo' areas; landsc~ping shall of native species. 11-1 100' r.51PlG~219 >, 1d '1 .h ll' f" 11 :~: , ._._.--_....~----~----_. ----------..----- i , ., .' " ~'f' r '~ ,:/ 1.'~ d) All runoff from developed area shall prior to discharg& into surrounding management areas. be pre-treat~d natural water e) Cle~ring sh~ll b~ permitted only In thasa ar~as specifically r~qtiired to f~cilitate th~ residential clusters, and shall be li~itEd as much as possible. 8) Any oth~r open space activity or use which is similar in nature with the foregoing uses and which the Development Services Director determines to be . ~ompatible with the intent of this district. 11.03 D:e:VELOPMENT STANDARDS I'::"... _.1:;., {:~/; ~.:..'., I,. "'$ :iw" I::,'" t;: ,,\0< "':.;. r,.. 1) Overall site design shall be harmonious with the areas natural ecological characteristics in terms of landscaping, enclosure of structures, location of access streets, p~rKing areaG. and location and tre~tment of buffer areas as determined by the Collier County Development Services Director" 2) Development 5tanda~ds as listed in Table II A & B in Section II! shall apply to permitted re~ldential uses. 3) hll work proposed in or directly impacting conservation areas designated on the Master plan shall be reviewed and approved by the Development Services Director prior to the commencement of any such activity. .\i n ~~'. ' li J: " -'I .., '; 100' f!51 PAG[ 220 11-2 ;j i! ! " J\C1enda item N N"cvembBr 13. Page 69 of ~~.~ . .~r:'. ,'~r ~'], li\r-.., ,,\-/-~ :~;. ' J'r-:r ~~;I',' 'fJ'f:'. .~~t ~ ~;.~~', ~;-'. ':: "J ,i '1 r:~ ~ V~ .~ '1'1 i~ n .' 12.01 '. ~ '" r* I 2.02 SECTION XII 'PR' CYPRESS PRESERVE PURPOSE The purpose of this Section is to set forth the regulations for the 8reas designated on Exhibit 'H't Master Land Us~ Plan RZ-198, as 'FR'. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) snvircnment~l preservation. 21 Foot paths, boardwalks, and nature trails. 3) wildlife management sanctubry. 4) Water management facilities subject to further review by Review Services Environmental water management facilities vegetation or hydroperiod on areAS. and essential services, Collier County project Staff to ensure that do not degrade the the Cypress Preserve 5} Any other preservation or open space activity or use which is comparable in nature with the foregoing uses and which the Development services Director determines to he compatible with the intent of this district. 12.03 DEVELOPMENT STANDARDS !i i) All work proposed in or directly impacting preservation areas designated on the Master Plan shall be reviewed and approved by the Development Services Director prior to the commencement of any such activity. ~ !, ',l ., ;j Ii '-... : . H {,~ !i ,< ;..i .--r 2.1 ",,'4 {~ ti ~~ ;1 12-1 !DD' r.51 '>G[ 221 ~------ , ,." . , \: SECTION XIII 'PS' PARK/SCHOOL 13.01 PURPOSE The purpose of this Section is to set forth the regulations for the nreas designated on Exhibit 'HI, Master Land Use plan RZ-198. as 'PS'. The PS 5ite includes 11 acres reserved for use of an elementary school site and 5 acres to be used for a neighborhood park facilities. The 5 ~cres of undesigneted land reserved for communi ty use referred to i,n the DRI/ADA document will be applied to this site. 13,02 ?ERMITTED usss l'J>t~ STfWCTURES No building or r,tructure, or part thereof, shall be erected. o.ltered 0:: used, or land or "'ater used, in wholG or in part, for other than the following: 1) Elementary school and facilities. 2) Parks and pl~ygrounds. 3) Bicycle, hiking and nature trails. 4) Recreational shelters and restrooms. -. 5) Recreational fields, 5~orts facilities and courts. 6) Community centers. 7) Restaurant or snack bar recreational activities. in conjunction with B) Water management facilities and essential services. 9) Any ether recreational, athletic, or open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with the intent of this district. 13-1 tOO' f51pm222 ., ^, r .... , OJ :1 'n1 :~ 'I 13.03 DeVELOPMENT STANDARDS ':.j X,f, 'jl ':_~t {I ,:J ~f '\1 ..., 1) Minimum Site Area: None - ~:Ilda Item r\~o. ~vember 13. 2 Page 71 of 2) Minimum Setback from 'PS' Tract eoundariesI 25' 3) Maximum Height of Structures: 35' 4) Minimum Distance Between Buildings: 1/2 the sum of t.hEir heights. 'I Minimum Gt~ndard5 landscaping shall County Regulations sought. 'j ,', ,j ~' ~ l ~ '.f fl .' n ':~ /:' ,! I'; ~ ; ~.'\ ::i , ~,. . \i \,~ ,h :;.~ ',:. 'Ii :~ for parking, lighting, signs, and conform with applicable Collier in effect at the time permits are 100' f151r.Gt 223' 13-2 SECTION XIV GENERAL DEVELOPMENT COMMITMENTS 14.01 P!J~Fosr; Th& purpo&& of this Section is to set forth th~ general d<<velopment commitments for the project. .14.02 m:VELOPMENT COMMITMENTS fr... ENERGY 1) Con6truction shall comply with applicable local and state energy codeG. 2) Reasonable ngood faith" efforts to utiliza state-of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but shall no~ be limited to the following: &. ~rovi5ion of bicycle racKs and/or storage facilities in office and colIlltlercial areas and i.n multi-family reGidential z.reas. b. cooperation in the shelters and other accommodations when developed to serve the locating of bus ctops, pa&seoger and system a transit syst@m is project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fan. e. lnstallation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local alr temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. 1<-1 100' r51 'le[ 224 n Ii .. r! - -aJBnda itern I\!o NO'jGi'nber 13. Page '13 of " h. Selection of native plants. tee.8 ~nd other vegetation and landscape design features that reduce requirement. for water. fertilizer. maintenance and other needs. i. Plantinq or retention of native shade tree~ to provide reascnnble sh~de for dll recreation areas, streats and parking are~G. j. placement of trees to provide needed shade in the varmer months while not overly reducing the benefits of Gunlight in the cooler months. K, planting or retention of native shade tree, for &a~h residential unit. 1. Orientation for structures, as p05s1bl~1 to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. provision for structural shading trellises, awnings and roof overhangs) practical when natu~al Ehading cannot effectively. {e.g. , wherever be used n. Inclusion of porch/patio ~reas in residential units. 3} Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety ~nd welfare) . B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TnANSPORTATION 1) LeIy, a Resort Community, shall commit to contributing its pro-rata or fair share contribution to the costs of improving local transportation facilities, when such improvements are deemed to be necessary, based on Lely Resort Community's proportion~te imp~ct on such facilities. as part of ~n area wide funding program, including, but not limited to, impact 14-2 , ',f 100' OSher 225 '.f :'j :n -,.', ~~~ rr 11 I~ .. ~ :'1 _01 -.---'- ___.__._._.__"U' ;.j .~ ~'J ~~ h :\ '. :{ it . ~ 'il'! ,,) ~ q. ., fees, special taxing di&t~lcts. etc. Any donations, dedications, or other required contributions made by the proje=t sponsors to the County's Transportation facilities shall b& cr~dlt~d t~w~rds future proportional ~h~rc assessments levied against the proj~ct, except for cigllt-of-way dedications listed und~r 81 below. 2 ) Provision of a bicycle/pedestrian system connecting ~ll land USeS, to be placed along all major and minor collectors within the project. This system is to be consistent with Collier County requirements. 3 ) Unless four laning has bean completed or is about to begin, the developer shall provide sep~rate left and right turn lanes at all accesses along Rattlesnake H~mmock Road and Isles of Capri Road. 'I The developer shall provide ~ fair share ~cntribution' toward the capital cost of traffic sionals at accesses to Rattl~snake HammOCK Road, Isles of C~ori Road and Tamiami Trail when deemed war(~nted by the County En9ine~r. The signals shall be owned, operated and maintained by Collier County. 5 ) The developer shall bear the full cost traffic signals which may become needed intersections within the project. of all at the .. 6} The developer shall provide or reimburse the County far sidewalk/bikepaths along all perimeter roads to be phased to correspond with the development phases and future road widening plans, unless such improvements are incorporated into desi9n plans andlor alternative funding methods are available, such as road impact fees. 71 The developer shall provide arterial level street lighting at all accesses. The operating and maintenance costs of these units will he assumed by the County at such time as street lighting systems are established along the roads involved. 8i The developer shall dedicate 17.5 feet of additional right-of-way along the south side of Rattlesnake Hammock Road and 25 feet of additional right-af-way along the west side of Isles of capri road for future roadway widening. This shall be 14-3 :.1 100' r51PAG,226 , -~l ,';Jdnda Item l"J j\Jovember 13, Page 75 0 .~ '1 I, '.~ n , done at the convenienc& of the developer or when requested by the County, whichever occurs flrst_ 9) The County Transportation Department and the dev~lo~er shall reach agreement regarding ali;n~ents and inter~ectinn configuratio~s at the time of re-examination. lmprov~ments shall be consistent with good desi9n practices and transportation planning principles and th~ 10n9- range planning needs of the County. D. WATER MANAGEMENT 1) Detailed water management construction plans ,hall be submitted for approval to the Development Services Director prior to com.mencement of construction. 2 ) Surface Water Management from the South Florida prier to the commencement Permi,ts Ehall be Water Management of devl".'lopment. obtained District 3) The ~ater management for the Lely Resort Community shall implement water qu~lity ~best management practicesft to the extent possible. () Water quality will be provided for the development in the lake system in accordance with South Florida Water Management District's current permitting regula tians. 5) An Excavation permit will proposed lakes in 8ccordance Land Development Code, be required for the with Collier County Division 3.5 6) Contingent upon acquiring appropriate permits, developer shall be responsible for the following along its entire U. S. 41 frontage: 1. Construct necessary improvements to borrow canal along the northerly side of 41. the U.s. 7) During Phase If developer shall be responsible for the following along Rattlesnake Hammock Road: a. Cl@an-out of the two c,ossings under the road near .the N 1/4 post of Section 21, Township SO South. Range 26 East. 14-4 IOD' r51 "cE22? ,. , ., i I I ~j .'~ - ~rl~"l"~~"+'-:}'l-"J ',,:::J~ '.;::lll,-, ! '" :~O\HrnDer 13, Pzige 760 .j >\ ~} ~ '1 b. Improvements to tha swal& along the south sid~ of the road along the entire d~velopment frontage to serve as a spreader f~cl1ity in the adjoining lo~ lying wetlands. 8) The ~B-3 & 4" Conal (from north~est corner of Naples Manor acress U,S. 41 to sufficient outlet in wetlands in Se=tion 3, Township 50 South, Range 26 East) shall be subject to developerl county ne9otiations at the time of involvement with that outfall. c. UTILITIES 1) A central water 5upply sy&tem shall be made available tc all areas of the project. The water supply SDurce for the r-roject ~hall be the Collier cocn:y system. 21 hIl a=eag of the project shall be served by a central wastewater collection system. 31 The development shall be in with applicable County gov~rning utility provisions substantial compliance laws and ordinances and facili ties. 4) Telephone, power and T.V. cable service shall be made available to the site. 5) Utilities Division stipulations: (per Memorandum dated June 25, 1984 attached). 6) A non-potable water system for irrigation purposes will be implemented for the project utilizing sources including renovated effluent, surface, and ground water. 7) Design and construction of the water and sewer facilities must be in compli~nce with Ordinance 88-76, as amended. 8) For any required subdivision improvement that is to be constructed by the Lely Co~~unity oevelopment District, no subdivision performance security shall be required under Section 3.2.9 of the County Land Development Code. 14-5 ~OO' fl51pm228 .; -..".~._-_._._------ '.I ~ :. ~ .~ :1 'I ,,1 , \\ ,. -J It '. I'. GENERAL 1) The design and devftlopment st~ndards 1n the 1e1y Resort Community ORI/AnA he[~by incorporated by reference into ordinance. .!~ describt'tu document arC!' this P.U.D. G. ENVIRONMENTAL: II Tho following table summarizes native veg!!tation to bo ret.3ined in tho Lely Resort Community: PR District 172.5 acres + CO District 182.4 acres + GC Di.Gtdct 111.3 acres + Subtotal 466.2 acres NOTE: Acreages and l~nd use districts shall be az defln~d in Collier County Ordinance 85-17 as amended. An additional 45.6 acres of native vegetation shall be retained in the CO District, until such time as the developer elects to utilize Section 11.02(7) of the PUD that allows for development of up to 20\ of the CO district. At that time the developer shall demonstrate, as a condition of Final Approval from Collier County for development of any "CO" area, that an equivalent amount of native vegetation has been retained elsewhere in the project (not including platted single family lots} to compensate for any permitted CO development acreage, up to a total of 45.6 acres. 2} Prior to approval of any proposed development in jurisdictional wetlands (as determined by SFWMD), the petitioner shall submit a mitigation plan to Collier County project Review Services Environmental Staff for review and approval, in accordance with South florida Water Management District Appendix 7. 3) uPrior to any final approvals outside of Phase I and the Classics Golf Course, the petitioner shall submit protected species surveys and management plans as required and approved by florida Game and F'resh Water Fish Commission." 14-6 !oor r,51 PAG[ 229 n ..-"'---'- ~_._-_.- - - b,oenca !v:;m i"00 t\:;J'/,:;:rnbf::r 13, 2"0 F'2g8 78 of 1 ."1 :. ',~ ~,'" ;~ , i.j 4} Hammock ar~as, as identified in the DRt/ADA will be protected with clearing permitted only in those areas sp~cifically required to facilitate the resid~ntial clusters and limited as much as possible. 5) Existing topographical control olevation in sub-basins C-l ftnd A-S shall be maintained4 ~:: /c 10:3417 3/10/92 100' 051 PI" 230 /i 14-7 ~1 ; ., HOlt! ,., ~'^ :U:CTlOH <Ie... OF OADoH~Cl'; 85--) A.5 AM(JoOUl <<11' OflOCHA,..Cl'; . ,."onCT1\It Mu..stJlIIC$ :~ KA.....( tltErf l'-lI"OSE.D otl nus MUrvt f'\..A.N IN &Ce0lt0AN<:[ 'II"ffif THt; Lu'Y flt.5OfrT C~ L tJ PHASE 1Jl. IV, AM) V CU!.SlCS lOOlJ CCORSE I CI.WMOVSC I"\....rs ~(O.COCI(AOED WOOOo"EtJ:CJI! ~ ll; ......"'M"" POU', ",OCH""'" OF TH' o""~, "''''0' or ""'"'' '0"''''', """0' [~~l m ".IOIN''''l .-- ...-- "".' ~ cOOO..~"(...l,.~"".......Tl II 0 'Ci1 CO::'i:U...l,....(lO'{U_..... ..0 :tii ~!.<...l'...___ )0' :tTI rO'_t"",UH ~lE:l~lU<l" ".l ~ .u<><o' u.TI' ._.._. 0,0 @~.t~:......,...,_..... ..,.' E) (,",u""."O""(>O'(NI..(I nl,' e? n'.(u.....l(orv( "1.1 lID "..,KOO()O\. " I c::J I....t ...., .. _U'Ultfl>'l f,., ..- _tOutcTC)lI .... _lOoUl."O... ..., BM:IlO": ......."'. .ur'fW ! ~ l~ tJ. ~. \ \ \ \ \ \ \ 'I : II ': 'I . , " ',: ;~., HI III h ... h..... I UCi[HD U!!L ",.. tVl'....A.(:~....t.4 'Il:1N.,-","-,..,.. 11 """""""'''"'''' ~'I~I! (I' /,/1 II I! Ii :/ . I ~ I! I~ I! 'I ,I ,I :;;!, - - Anenda iteni No. rTovembor 13. 2 Page 79 of ,-! : I' " , : 1: "il. iiilil . :/1' I II I ',I, I , , " ." ,,'U "".. . - !ill:1l,'\7 8 OO<ll""'OU @@~MJilOUN ~~u.!,P1_.._H I lit!: '1\llltllI \ A~iU $ \ ...-...., L_ ,0.-- ~._ IDOl f151PAGt231 .. ,-- ,.--.----" N E::1 STA7E O~ ,FLORIDA COUNTY OF car,LIER I. JAMES C. GILES. Clerk ot Cour~s in and for the Tw~ntieth Judicial Circuit, Collier County, Floricia, do hereby ce~tify that the foregoing is a true copy of: Ordinance No. 92-15 which was adopted by the Board of County Commissioners on the 10th day of March, 1992, during Regular Session. nI7NESS my hand and the official seal ot the Board ot Coun~y Commissioners ot Collier County, Florida, this 11th day of March. 1992. ,\aIA'" <-. .' '., JAMES C. GILES '':.J.~. . .. Clerk 0: Courts and Cle~k: . Ex-off.icio to Board of ::::' county Commissioners ~..xt'/f- - / "):, / ;;;1>>'.- ,. By: Is/Ellie Hoffman Deputy Clerk ., f r" ~ 100' r51PlG[232 . --~------_._~_..."..__._._,.~ ^" - '.~ ::-," - Aqfmda Item No, ~enlber 13, 200 - Page 81 of 11 - DEVELOPMENT ORDER 92- 2 RESOLUTION NUMBER 92-~ A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 85-J, FOR LELY, A RESORT COMMUNITY, AS PREVIOUSLY AMENDED BY RESOLUTIONS 85-249 AND 91-5; BY PROVIDING FOR: SECTION ONE A, AMENDING THE MASTER PLAN (EXHIBIT H); SECTION ONE B, AMENDING SECTION 2, PARAGRAPH 0, LAND USE DISTRIBUTION; SECTION ONE C, AMENDING SECTION 4.C.4, VEGETATION AND WILDLIFE AND SECTION 4.C.6, OTHER CONSIDERATIONS; SECTION ONP. D, AMENDING SECTION 4.D.4, 4.::>.5 ANn 4.::>.G, DEVELorMENT COMMITMENTS; SF.C7IOH ONE E, AMENDING SECTION" 12; SEc'rICN TWO I FINDINGS OF PACT i SECTl:oN THREE, CONCLUSIONS OF LAW: AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA, AND EFFECTIVE DATE~ WHEREAS., the Board of County Commissioners of Collier county I Florida zq:.pt"oved Development Order 85-) t known as LaIy, A resort community en May 21, 1985; and vrHEREJ..S, the Board of County commissioners. approved Resolutions 85-249 and 91-5, which amended the Lely, A Resort community Development order, on November 26, 1985 and January S, ~991 respectively; and miER~lS, the Application tor Development Approval (ADA) was incorporated into and by reference made' a part of the Development order; and ~rnEREAS, the real property which is the subject of the Development Order is legally described and set forth 1n Exhibit "All to the Development Order; and WHEREAS, the owners of the DR! property are desirous of amending the Development Order; and WHEREAS, Alan D. Reynolds, AICP or Wilson, Miller, Barton and Peek, Inc., repr(~5enting the Lely Development Corpo::-ation, has petitioned the Board of County Commissioners to further amend the Lely, a Resort Community [)cvelopment Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning council (SWFRPC) and held a public hearing on the petition on February 6, 1992; and MO" C151PAGt233 Words underlined are additions; Words ~trueK-~hrou9h are deletions. -1- ~en,ja ilem NO.8 hiDVl2mDer 13, 20 82 of 1 - WHERF.AS, the Board or County commissioners of Collier County has reviewed and considered the reports ot the SWFRPC and the Collier county Planning commission and held a public hearing on the petition on March 10, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE DOARD OF ComITY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS. TO DEVELOPMENT ORDER: A. Development Order 85-3, ~s amended, for LeIy, a Resort community, is hereby amended to read as follows: The Macter Land Use Plan for Lely, A Resort Community, Development Order 85-3, as previously amended is hereby further amended to effect a new Master Land Use Plan as shown on Exhibit H, attached hereto and incorporated by reference herein. Master Land Use Plan, Exhibit H, as herein referenced replaces 'the Master Land Use Plan made a part of the ADA and PUD documents originally adopted. for LelYr a Resort Community is hereby amended ~o read as follo~s: B. section 2, paragraph D. of Development Orde~ B5-3, as amended D. The applicant proposes the development of Lely, A Resort Community, Planned Unit Development, tor 2,892 acres, 10,150 residential dwelling units, a i2 59 acre resort center ~ 350 hotel rooms and 315.000 st of related commercial space. three (3) golf courses, 820,000 square feet of retail/office space on 84 acres, a ~ sa acre cultural center site, and a 21.5 rr acre school site and a 44.0 acre Community ColJeae dk.. c. section 4, Paragraph C.4, Vegetation and Wildlife and Paragraph c.G, Other Considerations, of Development Order 85-3, as amended, for Lely, a Resort Community, is hereby amended to read as follows: ..;< C") N ~ ..-l In C = = ~ 4. Vegetation and Wildlife The applicant shall implement detailed site inspection for rare, endangered, threatened and special concern wildlife and plant species, with special attention to the Red-Cockaded Woodpecker, for each phase proposed for final plat approval. The Florida Game and Fresh Water Fish Commission and DCA may provide the applicant with suggested methodology and information on plant and animal species to be inventoried. The applicant shall notify the Florida Game and Fresh Water Fish Commission and DCA of the results of the survey and the methodology used prior to any development within that phase. Should the survey indicate the presence of rare, endangered, threatened and special concern species, the applicant shall undertake appropriate protection measures, which measures shall be approved by these agencies within thirty (30) days of submittal by the applicant and prior to final plat approval land any site development. Words underlined are additions; Words ~~r~ek-~hre~~h are deletions. -2- - . Agr~nua Item No. Hovember 13, 20 Page 83 of 1 A t ti d bv DCA and the Florida GaT:'le ~~ ~~~;~c~;~: m~~~~r~ ~~~~~v~~ ' a r 0 i oursuant to this orovlsion. ;h;li.b;"r~~~;ded.ih th~"~ffi;i;l records of collier County and are herebY incoroorated bv reference. - - 6. Other Considerations The Lely site plan includes a provision for a ~ 59 acre community College site to be donated to Edison Community College. The ADA indicates that the College will serve approximately 2500 students. Chapter 27F-2, F.A.C., Developments Presumed. to be of Regional Impact specifies that any post'.secondary educational campus which provides tor a design population of 3000 full-time students or any expansion of more than 20t ot design population to an existing campus iA presumed to be a Development of Regional Impact. D. section 4.,' Paragraph D.", W~ter M.1.nagcment, Paragraph D. 5, utilities, and Paragraph D. 6, Environmental Advisory Council of. Development Order B5-3, as amended, for LelYr a Resort COlnIllunity, is hereby amended to read as follows: 4. Water Management a. Detailed water management construction plans shall be submitted for approval to tho eOtln~y-EM~ineer~~9 Bepar~men~ Develooment Services Director prior to commencement of construction. b. Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. c. The ~ater management for the Lely Resort Community shall implement water quality t1best management practiceslt to the extent possihle. aT ~he-foiio~iMq-~ype~-of-deveiopmen~-wii%-provide-on-~i~e water-monoqemen~-~y~tem~-to-retain-the-voi~me-prodtteed by-either-~he-fi~~~-inch-of-runoff-or-the-;-year,-r-ho~r ~~orm-event,-whiehever-i~-~rea~er~--re~iden~ia%-~~e~ except-type~-i,-?r-and-3-fSee-~abie-%VAT7-e-ii-e-2,-and e-3-deveiopment-paree~~T-Ee7-eei-Rer-a~d-PS-deveiopment parce:t~";" ~ Water aualitv will be provided for the develooment in the lake svstem in accordance with SWFWMD's current oermittina recrulations. eT Water-Kanogement-^dvi~ory-Board-~tip~lotion~~ 8etai;ed-~ite-drainoge-p~on~-~hoii-be-~ttbmitted-eo tne-Wo~er-Managemen~-^dvi~ory-Boord-ror-review-o~-~ pk~~e-ho~i~-a~-otl~~ined-in-~ke-BR=T--Ho eon~~rtle~ion-~ermit~-~noi~-be-i~~~~d-~nie~~-and tln~ii-opprovai-of-~ke-~ropo~ed-~on~~r~etion-in oeeordonee-wibn-ehe-~ttbmi~ted-pion~-i~-9ran~ed-by ~he-WHAB~ iT l.i.l C"":l N ,., ~~ ..,..., l.i.l c.:. .L. :; ~ ~ An Excavation Permit will be required for the proposed lakes in accordance with Collier county Land Develooment Code. Division 3.5.. 8rdinenee Words underlined are additionsj Words ~er~ek-ehro~gn are deletions. -J- ..... - --"~----'--- _I _J~' . 1-.- . 2.,., ...";" ;h 5.,. ca C'O N ~ l0 c.~ .L. 6.,. ~ ;; - _3-r _ NOT-6e_~6._~~_amended-by-erdi"~nce-HoT-e3-~;-~nd-as m~y-h~-amended-~"-ehe-f~~~r~T Beveioper-~naii-eooperoee-wieh-e~~ney-Waeer Ha"aqement-Be~artMe"t-i"-ooM~lee~on-of-pro~o~ed Bi~trict-HoT-6-pe-4u-eanai-tfrom-~TBT-.t.-ocros~ Priee-S~reee-~o-ehe-north-~ine-of-Eoqle-ereek pro;eetr-by-bein9-re~ponsible-for-tne-€oiio~in9~ aT Performinq-neees~ary-fieid-sttrveY5-and ~re~arotion-of-oetaiied-ioeation-map~-of p~oposed-improvemeneST bT Providin9-eOttney-seaff-with-n~ces~ary-leqai des~r~peio"ST-or-other-doettment~,-reqttired-by the-eOtt"ty-i"-it5-efforts-to-see~re-the neee~~ary-p~oper~ies-andf~r-e~se~en~~-that will-be-obt~ined-at-tne-eo~nty~s-e~pense-by eit~er-ne9otiaei~"~-e~-bY-Means-~f-eminen~ domail"l":' e-:- 8~bMi~~a~-c~-~eee~~a~y-~ermies-~o-app~oprio~e aqene~e~-~or-~he-~roposed-improvemen~ST eT Prepere~iol"l-of-deta~!ed-eon~~rMe~ion-p!en~-end ~peeifieation~-for-M~e-~y-eoMnty-in-~ne eontrae~inq-pha~e-of-~he-propo~ed-imp~ovemene5 ~ro;ee~:!I'T' eT Preparaeion-of-on-^~reeaen~-be~~ee~-the deveio~er-end-eOMn~y-to-ob%i~aee-~he-deveio~er for-i6e'-of-the-~oeai-eon~~r~eeion-eo~~-of-ehe ~ropo~ed-improvemene~T fT Perrormfnq-neee~~orY-field-%oyou~-~ttrveys dMrinq-the-eon~erMeeion-pha~e-of-ehe-p~opo~ed improveMene~-pro;eet~-and-oeher-a~5i5eanee-eo eOMney-5taff-a~-reqMired-by-ehe-eOMney-in-ie~ admini~~raeion-and-in~peeeion-of-the-eontraee~ ror-ehe-propo~ed-imprOVeMe"eST Contingent upon acquiring appropriate permits, developer shall be responsible for the following along its entire u.s. 41 frontage: a. Construct necessary improvements to the borrow canal along the northerly side of U.S. 41. During Phase It developer shall be responsible for the following along Rattlesnake Hammock Road: a. Clean-out or the two crossings under the road near the N1/4 post of Section 21, Township 50 South, Range 26 East. b. Improvements to the Swale along the south side of the road along the entire development frontage to serve as a spreader facility in the adjoining low lying wetlands. The "B-J & 4" Canal (from north....est corner of Naples Manor across U.S. 41 to sufficient outlet in wetlands in Section 3, Township 50 South, Range 26 East) shall be subject to developer/County negotiations at the time of involvament with that outfall. Words underlined are additions; Words atrtlek-throtl~h are deletions. -4- 5. Agenda item [\lo. 8 Utilitieo November 13. 200 P aoe 85 of 11 a. A cen~ra~ vater supply system shall be made 4vailable~to all areas ot the project. The vater supply source for the project shall be the Collier County system. '. ...., ..-........ b. All ~rea9' o~.theproject 'shall be served by a central wastewater collection system. ft"a-hy-a-~o~~ewaee~ ~~eftement-~%ft"eT--~he-Pia"e-~hai%_be_eX~ftnded_a~ ~eq~ired-eo-meee-ehe-p~o;eee_dema"d~T The wastewater treatment and'~isco:al source for the nroiect shall b~ the Collier Count~ ~y~t~m. c. The oev91opment shall be in sub~tantial compliance with applicable -County laws and ordinances governing utility provisions and facilttiece U. Telephone,. 'power and T.V. cable service shall be made available to the site. e. Water and Sewer 1. Central water distribution and sewage collection and transmission, system vil~ be constructed throughout the project development by the developer pursuant to all current requirements ot Collier County and the State of Florida. The proposed water and sewer facilities will be constructed within easements to be dedicated to the county tor utility purposes or within platted rights-of-way. Upon completion of construction of water and Sewer facilities vithin the project, the facilities will be tested to insure they meet Collier County's minimum requirement~ at Which time, they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with a rate structure and service agreement approved by the County. Review-or-the pro~e~ed-~~~e~-a~~-s~bseq~en~-apprevai_hY_~^e_BOa~d ef-eo~n~y-eommissione~s-~~S~-be_eo~Pie~ed_prior_~o ac~iva~ion-of-~he-~ater-and-sewer_faeiii~ies serviein~-~he-pro;ect~--ba~er_reviewS_M~se_be_in f~i~-eomPiianee-Wi~h-eoHn~y_erdinonee~_He~_?6_?~ and-83-iB-~5-ameMded,-revi~ed_or_~u~erseded~ 4. It is anticipated that the County Utilities DiVision will ultimately SUpply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the county system not be in a position to SUpply 100' r51PIGl237 Words Underlined are additions; Words e~~~ck-~hro~9h are deletions. -5- -------.-. potable water to the project and/or receive the project's wastewater at the time a ch~se of the development commences, the Developer, at his expense, or the Lelv communitv Develooment District. will install and operata interift water supplY and on-site tre~tment facilities and/or interim on-site sewage treatment and disposal tacilities adequate to meet all requirements of the appropriate regulatory agencies. 5. -An agregment shall. be entered into between tho County ~nd the Owner, at" the r,elv Community Develooment District legally aoceptabla to the county, stating that: i. The proposed water supply and on-site treatment f~clllties and/or on-site wastewater treatment and disposal faciliti~o, it required, are to he constructod a5 part o! the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned. operated and maintained by the Owner, his assigns or successors includina the communitv Develooment District. until such time as the county's central Water and/or Sewer Facilities are available to service the project. Prior eo_piaefn~-e~e-wa~er~~~ea~Men~i-~~~P%y-an~ d~~erihM~ion-aMofor-~ewoge-eo;!ee~ionT t~a~~Mi~~ion-and-~rea~men~-faei!i~ie~-in~o ee~viee_~he_eeve%oper-~ha~~-~~bm~~T-eo-the eo~n~y_tB~i;!~t-Ra~e-Re9~io~in~-Boa~dt-for the~r_~ev~ew_ono_approv~~T-o-~ehedti~e-of-~he rotes_to_be_eharged_for_prov!dinq-~roee~~ed woter_ondfor_~ewage-treatment-eo-the-pro;eet nreo~ ~:T ~he_prope~ed-~~e-hy-~he-he:Y-Re~o~~ geVe%o~ment-of-ehe-ey.~~~in9-cnd-po~en~ia~iY expcndable_be:Y_Es~a~e~-Wa~~ewcter-~ree~mene Faeil~ty_~he~:_be_re9arded-a~-an-ineerim me~hoa_of_proYidinq-~eYaqe-ereo~mene-and d!~po~ai_~erv!ee~-eo-~ne-pro;ee~T When the County Water-Sewer District's central ~ and/or Sewer facilities are extended to and available to provide service to this project, oii_wn~tewaee~-genereeed-from the project shall be permanently ~~ diver~ed into the County's Central ~ and/or Sewer Facilities. ~ iiiT Upon connection to the county.s Central Water Facilities, and/or central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove trom the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consisten~ with state of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's central Water and/or Sewage Facilities will be made by the owners, their assigns or successors at no cost to the county within 90 days after such facilities become available. ilL-iv,;, 100' f:51 PlGl238 Words unde~lined are additions; Words ~er~ck-~nro~9h are deletions. -6- --..----..----.---- -------.-..--- -_._.._--~--". - - ~ef1da Item No. ~~O\/I:;mher 13, 20 Page 87 of 1 .u.. VT All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer Facilities will be. submitted to the Utilities Division for revIew and approval prior to COJlUnencement ot construction. ~ ViT Tho owners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the ---"'- .~time _ot Permit request. This requirement shall be made known to all prospective buyers of prop~rties tor Yhich buildinry permits will be required prior to the start of building con'3truct.ion. tlL y~f.;. The County at its cptlon may ,l~ase tor operation and maintenance the water distribution and/or sewer collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms or the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities-and/or sewage collection, transmis~ion and treatment facilities. 6. Data required under county Ordinance No. BO-112 showing the" availability of sewage service, must be submitted and approved by the Utilities Division prior to approval ot the construction documents for the project. Submit a copy ot the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. h e~e~~~on-~iB-~ho~%-be-modfffed-~o-reEiee~_oniY_~he in~erim-~~e-oE-ene-oe%Y-ES~aee~-6ewaqe_~rea~mene Faefiity-a~-~-~o~ree-of-~e~~~e-erea~mene_and df~po~ai-for-the-pre,eee~~-wa~~ewaeer_fiow~T__~he ~i~ima~e-u~e-of-a-ee~nty-owne~-and-main~aine~ trea~~en~-oMd-df~po~ai-faeiii~r-~noii_be_eieariy e:ddr'e5:!ed~ 1... aT Any items within the ADA document which conflict with the above stipUlation shall be considered void. 6. Environmental Advisory Council stipulations: 0) C"':l N ....-{ V? c:..; = = ~ OT ^-~ite-~iearin~-pian-~hO%i-he-s~bmit~ed-eo_ehe_Ha~~ra~ Re~otlreeS-Kaftaqemene-ee~artment_and_the_eomm~niey Beveiopmene-ee~ar~ment-Eor-their-review_and_a~provai prior-eo-any-e~b5eanefai-work-on-the_:!i~eT__~hie_Pian maY-he-e~bmit~ed-~M-~ha~e~-~o-eoi"e~ae_w~th_~he deveio~me"~-:!ehed~ie~--~he-~~ee-eiea~iM9_plan_ehail elea~iY-dePte~-how-ehe-fi~ai-~iee_iayo~~_*Me~~po~oee5 re~oined-"a~iYe-Ye~e~a~io"-~o-the-maximHm_ex~eM~ P~~~ihie-~Md-how-roedeT-bHiidin9~T-iake~_perki"9_ioe~T aMd-oehe~-faeiii~ie~-haYe-been-orie"eed_eo_aeeOMmoda~e ehi~-9"oai~ ih Site clearina nermit review nrocedure~ ~~~;; ~rdance with Section 3.9.6 of the 0 Develonment Code. ~~U~~V Land Words underlined are additions; Words ~~~Hek-throtl9h are deletions. -7- .,. b. -- NotivO_5pec*ea_~na1i_he_~e*i%~edi-Wh~re-Ova%%ObieT-te ~he_~o~i~~m_eKtene-pos~ibie-~n-the-~ite-ian05COpinq des*9nT__~_lon~5copin~_plOn-W~~%-be-5~bmitted-to-tne Natttrai_Re50~reeS-Mano~emene-Bep~rtment-~nd-th7 eo~~nitY_BevelOPftent_Beportment-for-the~r-reY~ev-and approvaiT__~his_Pion_V*~i_depiet-the-ineorporotion-Of notive_~pee!e~_and_their_mix_with-other-5peeiesr-if-onYT ~he_~ooi_Of_site_lon~5eap*n9-ShOi%-be-the-reereotion-of native_veqetation_ond_nohitot-ehoroeter~stic5-10st-on the_site_d~rinq_eon5tr~etion-or-d~e-to-poot-oetivitieoT lh The use of native species in landscaoe olan~ shall be in accordance with section 2.4.4.1 ot the Collier County L~nd Develooment Code as adonted october 30. 1991. e~ ^ii_~~o~!e_~iaM~~T-o~-defiMed-iM-e~e-eottn~y-€ode7-~haii be_re~eved_durir.~_eaeh_pha~e-ot-eon~e~tl~~~on-fre~ deve~opmen~_areO~T-o~e~-~~oe~-ond-pre~e~ve-~r~a~T PoiiOwi"q_~i~e_develo~~ent-a-~oineena"ee-proqrom-~hail b~_i~Piemen~ed_to_prevene-reinva~ion-of-~he-~i~e-hY-~tten exoeie_~peeie~~__Th~~_plonT-whieh-will-de~eribe-eon~ro1 ~eehniqtle~_ond_in~pee~ion-ineervai~7-~hali-be-ri~e~-wien ono_opproVed_bY_the_He~~rai-Re~otlree~-Manogemene Bepar~mene_and_the_eO~tln~tY-Bevelopment-Bepar~ment~ = ~'~i~~;~~ ~~ot;~ v~~~~~~;o~ ;emoval shall be o.rf~ i.n- c n IN h .G.6.6 of the Collier County Land Develooment Code. d~ ifT_dtlrinq_the_eOtlr~e-of-~~~e-e~eariMq7-exeava~ionT-or o~her_eOn~~~tletiona~_ae~!v!~ie~7-an-arehaeoioqieai-or his~~riea!_si~e7_nrt~rne~T-or-oeher-~no~en~or-is oi~eOYereOT_a;!_oeYeiopmen~-a~-~hat-ioea~~on-~haii-be immedia~eiy_~~opped_nnd_~ne_Nn~tlrni-Re~ouree~-Mnnaqemene Beparement_no~if~edT--Beveiopmen~-w~i;-be-s~~pended-for n_surfieient_lenq~h-of-~ime-~o-enabie-ehe-Na~urai Reso~~ee~_Hannqement-8epnremen~-or-a-de~iqnated eon~uitan~_~o_a~~e~~-the-find-and-de~ermine-the-proper eotlr~e_of_oeeion_~n_~he_find_and_deeermine-the-proper eotlr~e_of_oe~ion_in_reqero-to-ies-sniva~eabiiieYT--~he Naetlra~_Re~Otlrees_Hnnngement-8epartment-~i%%-respond-t0 any_~uoh_notifieation-in-a-timeiy-nnd-effieient-manner eo_ae_to_proYide_oniy_a_minimai-in~err~Ption-to-nny eon~truetiona!-aeeiYieie~T IL.. PI~;:di~:s I~~:~d;~~ ~n~ historical or archaeolooical s ~ "~~n~h~.~~ ~1~~ e n accordance with Section ~ 25 1 County Land Development Code. h The fol~owin~ table summarizes native veoetation to be ~~ta!n~~ in ~he Lelv Resort community: pH District 172.5 acres t r;O District 182.4 acres t GC District 111. :3 acres t - subtotal 466.2 acres ~c~~~~~. ~~d ~and use districts shall be as defined in o C nt Ordinance 85-17 as amended. 100' are additions; Words ~e~uek-ehrott9'h are deletions. -8- -- ---'-"-" r,51'Y~O ..-"--_.~---_..---~------------- - Agenda Item f\jo. l\iov-3rnber 13, 20 Page 39 of 1 - - L. An additional 45.6 acres of native veaetation sha!l be retained in the CO District. unt~l such time as toe develooer elects to utili2A Section 11.02f7l of the pun that ~11ow9 for develooment of un t? 210\ of the CO District. At that time the develooe~ ~na_l uemonstrate. as a condition ot Final Aooroval from Collier County for develooment of any IICO" ar:ea~ that an ecruivalent amount of native veqe;tati~n ~~s,been retained elsewhere in the Droiec~ .nQ~ IDcludloa olatted sinale family lots} to comnensate f~; any oermitted CI development acreaae. un tQ a total of 45.6 llcres. Prior to aooroval of any or-cooned develooment in iurisdictional wetlands (as determined bv SWFWMD). the ~titioner ~h~tJ sub~~~~qat!on nl~n to Col~ Countv Proi~ Review Scrvjc~s Environmental st~tf for review and. ao~rov~l. in accordance with South Flori~ Water Manaaement Di~trjct Aooendix 7. 'l/' .a...... 'e1" Hammock are.as, as identified in the DRI/ADA on-Exhfb~e F, will be nrotected 9iven-~peeiai-ee~3idera~*on-f~_ene reYiew-of-~he-3i~e-e;ea~~n~-~}~n~-per_~efpttiaeion_i~t ~ith clearing permitted only in those areas specifically required to facilitate the residential clusters and limited as much as possible. b...t-. fr Existing topographical control elevation in sUb~basins C-l and h-5 shall be maintained. gr Re-efthcneemene-oe-~he-e~i3ein~-%ew_a~d_hf9h_ieve% eonero~-on-Ba3i~-B-~-~o-~he-hi~eor!eai_ieve;3_whie~_~f;i he-marked-by-er~-9~r~~n-~e~h-end-veriEied_hY_~he_Na~~roi Re~e~ree-Mana~e~en~-Be~arbmeneT E. Section 12 of Development Order S5-3, as amended, for Lely, a Resort Community is hereby amended to read as follows: Section 12. The Collier County Proiect Services Director eemm"~~~y-aeveiepme"~-^dm~"~~~r~ee~ shall be the local official responsible for assuring compliance with this Development Order. SECTIGN TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. PreviOUSly Approved DRI known as Exhibit B, and by reference made a c. The applicant SUbmitted to the County a Notice of Change to part hereof. D. The applicant proposes the development of Lely, a Resort Community on 2892 acres of land for and residential tourist Uses. commercial, residential, cultural 100' nSIr.Ct 241 Words underlined are additions; Words ~tr~ex-th~etlq~ are deletions. -9- - - ~genGa item N r~(lVelTib(:::r 13, 900 E. A comprehensive review ot the impact generated by the proposed changes to the previously approved development has been conducted by the county's departments and the SWFRPC. F. The development .is_not......J...n......an__ar.ea-designated an Area. or critical state Concern pursuant to the provisions of section 380.06. Florida Statutes,.as amended_ SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previouslY approved Development order do not constltl\te. a substnntial deviation pursuant to Spctlon 380.06(19) I Florida. Statutes. The ccope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRIr Exhlbit B, and the Lely, a Resort cornmunJty, Planned unit Development Document, S'<C.'libit c/ attached hereto and by reference made a part hereof'. n. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. c. The proposed changes to the previously approved development will not unreasonably interfere with tho achievement of the objectives ot the adopted state Land Development plan applicable to the area. D. The proposed changes to the previouslY approved development are consistent with the Collier county Growth Management Plan and the Land Development RegUlations adopted pursuant thereto. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85-3, together with previous amendments, shall remain in full force and effect, binding in accordance with its term~ on all parties thereto. B. copies of this Development Order 92-~ shall be transmitted immediately upon execution to the Department of Community Affairs Bureau of Land and Water Management and the Southwest Florida Regional Planning council. C. This Development Order shall take effect as provided by law. 1001 P.51rm242 Words ~nderlined are additions; Words ~~r~~K-~hro~qh are deletions. -10- - - - EE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ot this Board. Commissioner Saunders offered the foregoing Resolution and moy~d f?r its adoptio~, s~conded by Commissioner (,,()(')(lni ghl'" and upon roll call, the vote wa5: AYES: Ccmn:issioner Saunders, Corrrrissioner Goodnight, Ccmnissioncr S1'\aii.!l.han and Ccmnissioner Hasse NAYS: ABSENT AND NOT VOTING: Ccmnissioner Volpe ABSTENTION: D,one.; ~fl,~j ] Orh "+.....,, : 'J/ AT'l;'EST: .: '.:."~. (~" J~S c. GILES, C!~rk day of '1<lrr-h , 1992. BOARJyo,F ZOlIIllG APPEA S G/ COLWEll' COUNTY, FLORI._ ~ I . /.,''U,..~ BY xi . V<.-tC//~ ( MICHAEL J. VOLP 1 CHAIRMAN Richard S, Sha.'18hnn, Vfce-Chainmn sUfficiency: ::: ,', ~' ""~,l':~.", -- By, ~}/:~,,;..~ 4J. tl.. / '" "., ,. '1J . ,'".. Approved as to form and legal 1i\.1~,-, In CJiU.L(uu;; HARJ IE M. STUDENT ASSISTANT COUNTY ATTORNEY OOA-91-5 R.solution/nb/7419 1001 (;51 PAG, 243' Words underlined are additions; Words ~~~Hek-~hroHqh are deletions. -11- - . r\8t::llua Il~~1 ~ '...A3. ~ ~age92' ~.~3CRIPTION All that part of section 21, TOVTI5hip East, collier County Florida being described as follows: ..~" 50 South, ~ange 26 more particularly commencing at the Northwest corner 0' said section 21. thence along the west line ot said section ZI, south 2.-58'-09" West, 50.11 feet to the south right~o'-way line of C.R. 864 (Rattlesnake Hammock Road); thence along said right-ot-way .line, south 89--13'-25" East, 1596.21 teet to the Point of Beginning of the parcel herein described: thence continue along said right-ot-way line, south 89--13'-25" East, 1049.56 feet; thence continue along said right-of-~ay 89._1~125" East, 261'7.27 feet to a pOlot line of said section 21; thence along the cast line of said Section 21, south 40-031-03" 'West, 5134.6::1 feet to the southeast: corner ot saj,d section 21; th~nce along t)IS south line. of f:aid section 21, North 890-281-16" Wl1st, 5166.93 teet to the SQuto\o'cst corner of said sectic~ 2~; ~hence along the west line of said section 21, No=th 20-581-08'1 East, 2187.29 feet~ then~e leaving the west line of 51n-Sll-S711 East, 1418.70 feet; thence northeasterly and northe=ly, 695.56 teet along the arc of circular curve concave to the north~est, "'ha"ring a radiu5 of Bl0.00 feet end being :!;u1::ltended by a chord 'which bears Harth 27--151-56" :East,. 674..:\9 feet; thence North 2~-J9'_5411 East, 2.58 feet; line, south on the east. said section 21, North thence northerly 1J6.03 feet along the arc ot a circula~ curve concave to the west, having a radius of 1390.00 feet end being 5ubtended by a chord ~hich bears North 00-081-1911 Hest, 135.98 feeti thence'Horth ~J70-0JI-29" East, 227.18 teeti thence North 160-181-47" East, 890.35 feet: thence Harth lS--20'-17" West, 483.06 teet to a pa'int on the South right-of-way line ot C.R. 864 (Rattlesnake Ham..:1l.ock Road) and the point of beginning of the parcel herein described: AND section 22, Township 50 south, Range 26 East, less and except the North 1/2 of the Northwest 1/4 and less and except the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, ~ying ~est of C.R. 951, Collier countYl Florida, AND section 27, Township 50 South, Range 26 East, lying ~est of C.R. 951, Collier county, Florida, AND section 2B, Township SO South, Range 26 East, less and except that land as described in O.R. Book 542, page 765, collier countY;Pu~lic Records, AND That part of the East 1/2 of Range 26 East, lying north collier county, Florida. Section 33, Township 50 South, of U. S. 41, (Tamia'tll.i Trail) AND That part of Section 34, ~ovnship 50 south, Range lying west of c.R. 951, Collier county, Florida, ~OOI 26 East, P51?lGlZM AND That part of Section J, Township 51, south, Range 26 East, lying North of u.s. ~l, (Tarniani Trail) and West of C.R. 951, less and except a 220' x 2201 lot at the intersection of U.S. 41 (Tamiarni Trail) and C.R. 951, and mora particularlY described in o.R. Book 124, Page 459 of the Public Records of Collier County, Florid~. ._"---_.~_. '"; P:'::~~"';: - ,,-,.........;...- --..- (': (' STA~E or FLORID^ Ot~ARTY.tNT OF CDKKUNITY AFFAIRS D1Vl$10N or RtSOO~Ct PLANNING AND MANAGEMENT BUREAU or ll.tSOURCt M.AN1I.GtME:NT 25i1 t~ecutive Center Circle~ East ~al14h4ssee, Floriua 32399 (!ili).q 48S-0-25 NDTIFICATION or A PROPOsm CRANGE TO " PPJ:VIOUSLY APPROVE!) DEVELOPMENT OF REGIONAL' !MPACT (DRl) SOBSECTION 380.06 (19), FLORlDA S'TAT'O'!'1:S BM-OS-eo Subsection 380.06 (19), Flor1~a St!l:tutes CISS5}, requires ~het sUbmittal ot a proposed cbange to a previously Approved Dk! be mace to the loc~l g~vernment, the regicnal planning council. and the &tat~ lA~d plAnning agency Ac=ording to this fc~m. 1. 11 J.Lm D. Reynold.. AICP t the undersigned OVh~r (.au~bori=ed rep:e"entative) of kIT D~nloP1lleor: COrPO,st:l'on t (developer) hereby 9ive notice of a proposed change to ~ previously approved Development ot Regional Impact in a~cordance witb Subsection JBO.C6 (IS), Florida St"-tutes (19a5).. In support th~reof, I 6ub=it the folloving information concerning the Leh'. A 'Ilesort: Co=u::dt". lorir;inal " current prOject nAmes) development, vhich information is t:ue and correct to the best of my k.novledge.. I have GUbc.1tted toclay, under separate cover, copies ot this completed notification to Collier Counl:T (local government) to the Soutbvel.'lt rlodda Reqional Planning Council, and to tbe Bureau of Resource Managetu~nt, Department of Community Affairs.. a~~.- . (S1qmu:ure) 4r::! j(, I ft/ (OZlte.) . 2.. Applican1: (nam~, ,address, pho:1t!). SEE: AITACIIXDtr A 3. Authorized "gent {na.me, address, phonet. SEE ATI'ACIlHE:NT A 4. Loca::ion (City, County, To....nship/Ra.nge/Section) of appronci DJU l'..nd prop"s:~ ~So.. ,_~ ::::::'>':~HnT 1~n,11 100' fl51roGE245 - Provide'~ complete description of the propos~d ChAnge. Include ~ny pro?osed chanqes to th~ plAn of aevelopmentf phA~ing, additional lands. commencement date, build-out date, development order conditions and requirements, or in the representations contained in either the development order or tbe 1\.pplicat.ion for Pevelopment ,,"pprcval. SEE AT'I'ACBK!2rt A. :ndicA~e such cb~nges on the project m~er Eite plan, supplement.ing ~ith other detailed' m~ps, as ~ppropriate. ~dditional information may be requested by the Depar~~ent to clarify the nature of the chAnqe or the resulting impae~s. 1t.ETIJt TO }JTAc:IlHENT 2. 3 and 4 Complete the following table for all land use types approved in th~ 6ev~lopm~nt. If no ~hange is ptoposed 0: h~s cccu:red, please indicate no change. I CH CBANGe CJ..TEGORY PROPOSED Pw.N ORIGIHhl.. PLAll PREVIOUS D.O. ~G1: + DATE t PArr.ing Spaces t Spr:ctators t- Seats Sltr: location~l changes ^creA9r:, includin9 ~rtinage, ROW, ease~ents, etc. t External Vehicle Trips D.O. conditions ADh representAtions NIl. Runvay (length) Runway (strength) Terminal (9rOs& square feet) . Parking Spaces . Gates Apron ~rea (gross square feet) Site locational changes Airport AcreAge, including drainage, ROW, easements, etc. . External Vehicle Trips D.O. conditions ADA representations NIl. t Br:ds . PArking Spaees Building {gross square feet) Site locational ebAnges Acreage, including drll.inage, ROW, ell.sementS, ete. E.xternal Vehicle NIA. "f'.. ~ ...... 100' r,51PlGl246 --~------ BRM-OB-SG Page Three TYPE OF LAND USE Industrial" Mining Opncrtions Off ice Petroleum/Chem~ Storage SUBSTANTIAL DEVIATION CHART (continued} C~ANGE CATeGORY PROPOSED PLAN ORIGINAL PLAN Acreage, including drainage, ROW, easements, etc. : Parking Spaces Buildings (gross square feet} e Employees Chemical storage (barrels and Ibs.) Site loc4tional changes ~ txt2rnal Vehicle Trips D.O. conditions ADA representations Acreage mined (year) Water Withdra....al (Gal/day} . SIze -ot Mine {.!l;cres} r including drainage, ROW, ease~entsf etc. Site locational changes : External Vehicle Trips D.O. conditions ADA representations Acreage, including drainage, ROW, easements, etc. Building {gross square feet} . Parking Spaces t tmployees Site locational changes e External Vehicle Trips D.O~ conditions ADA representations PREVIOUS D.O. CUANGE + DATE.: Nfl,. Nfl,. NO CUA.NCES OTBER 'I'l HIROR SIn R1:LOC..U': AND PHASING OF SQUARE FOOTAGE Storage Capacity {barrels and/or Ibs.J Distance to Navigable RIA Waters (feet) Site Ioeational changes Facility Acreage, includin9 drainage, ROW, easements, etc~ : External Vehicle 'l'ri~s D.O. conditions AOA rt:'presentations ~OO" 051PA':.t247 .."-~--"-_.__._---_. - TnE OF loJ\ND USE Port.s (.'",2. t in as 1 Res.iden<::.ial Wholesale, Retail,. servic"e Botel/llotel - SUBSTANTIAL DEVIAT10N CHART Icontinund' CHANGE CATEGORY' PROPOSEJ) PLAN ORIGINAL PLI,N ; boa:~, vet stC:l~C t boatS, dry s~otage Dredge and fill Icu.yds.) Petroleum stor:qe (gals.) Site ioeational chanoes Port Acreage, includins. cr~i~~ge, ROW, easeroent~, etc. t External Vehicle Trips D.O. ,:onciitions hDA represent.atians f dwelling units Type of 6""elling units t 1 ats Acreage, including drainage, Rrni, easem~nts. etc. site loeational changes t External vehicl~ Trips 0.0. conditions ADA representations Acreage, including drainage, ROW, easements, etC. Floor Space (gross squa~e feet) t Par~ing spaces t Employees Site loeational changes t Externa.l Vehicle Trips DeD. conditions ADA representations * Rental Units floor Space (gross square feet) t parking Places f. Employees site loeational changes Acreage, including drainage, ROW, easements, etc. t External Vehicle Trips D.O. conditions ADA representations - PREVIOUS D.O. CH.'\llGE + DAT:: N/" Minor acreage and site locatioa21 changes and phasing of unitn. (Refer to Attachments 2. and 11) Minor acreage and site locational ehnngea and phasing of square footage. (Refer to Attachments 2 and 11) '1 No change other thnn phasing of hotel roams ,and square footage. " .' I' lOCK n51ml248 ---------- '~:-~'!"...,-~...,.uo,.""':-" :;:.;, :'.,,;,', .,r.-;.;L. BRH-08-86 Page Five "--~-~--SUBSTANT!AL. DE:VrhTION- CHART (continued) TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN ORIGINAL PLAt; PREVIOUS D.(l. CHAH(;C + PATE R.v, Park Acreage, including drainage, ROHf easer.:entsr etc~ t parkin.g Spaces Bu.ildings (gros.s squar.e feet.) ~ Employees Site locational changes i External Vehicle Trips D.O. c:lnditions ,\DA representations ~{! A. Ope n Spa ce (}1Lll natural and vegetated non-impe::-vious !.;urfaces,) Acreagf! Site Ioeational changes ':rype of open Ep.?lCe D.O. conditions l.,.fJJ" represf:ntat.i.on~ J....cRI'.M:rs INC1t!!:b.Srn Preservation, Buffer or Special Protection Areas Acr:eage Site locationel changes Development of site proposed 0.0.. conditions ADA representations ACRt:A.GES INCRUSED Note: If a response is to be more than one sentenc~, ~ttach a aetailed description of each proposed change and copies of the proposed modified site plan dr~wings. 'The Bureau may request additional information from the developer or his egent. 7. List all the dates and resolution numbers "(or other appropriate identification numbers) of 'all modifications or am~ndments to the originally approved DRI development order that have have been adopted by the local government~ and provide a brief description of the previous changes (Le. any information not already addressed in the Substantial Deviation Chart). gas there been a change in local government jurisdiction for any portion of the development since the last approval or oevelopment order ~as issued? If SO~ has the annexing local goYernme~t adopted a new DRI development o,d~r foc the project? 8. SEE AmCIIME1fr A Describe any lands purchased or optioned ~ithin l/~ mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, and intended use on a project roaster site pl~n or other map_ N/A IDD' f151flGt249 .,--".._---~--'_.-.- - - - --,--_.- .,----._" -,-' ...... ERM-OS-8G Page s1-x SUESThNTH.L DEVIi\TION DETElUIINi\TIOll _,_ IJ +~QLE.!Opos'eq chaI"tge to the previously approved DR! Ot' developmen,t .C?rder condition does not meet or exceed eny of the ::rite;:..~ l~stE:d__i.n ,t.hc DR! cevelop,J7\e~t o~ci:r o,r in Sub,,(~,H,.,., ..80.0tll_9l (oj, rJ.O::lOd :;U:.c."..:::.c~, tr~e~l :_;.~ J,OC~.l ,::;v,~:,'.j. iUI:isdic~ion over the devc)ol?:i\Cl\t mUfit hold a p\lt.lic h2o-Ling Z\1\.J ~Bke a dcter~ination ~s tn.wtlether ~uch proposed changes constitute a substanti~l deviation and will cause the development to be subject to further developpent-of-regional-impact review. If the locLl ~ovc:n~ent dete:mines that the proposed chanSe does not require further deve]oproent-of-regional-impact review and is othe~wise ll.ppro'lp.d,_ ~-.he 1oc.:-.J. go\r.ernr.len': r.n.lst issue ~n cme~drr.ent '':0 the o~veloprn~nt o~de: nco:porat~~~ the ~pprove2 ch~ng2 ana conditio~s of ~?prov~l !e~~:i~g :0 the chang~. sutje~t to ~he appet:.l ';)rovi:~ions c;f :::;ub.;;cc<;;:.i.on ::,BO_OGD.9}([), :'.S., ,,,,ne :;E-ct.l(ln 300.07, :_,;;" Provide the fol1owinc roc incorpor~tion into such zn ~rnended develo?ITIent orderr purSIJo.;'t t.O Sub$~ct.ions 350.06 t15J~ t.s.. ,Hid 9J-2.02.Sr ?lo.rida ,!Hlr.1inist...2.tiv0. Code: 9. An updated master site plan or ot.her pap of the development portraying and distinguishing the proposed changes to the previously approved DRI or develop~ent order conditions~ ~[er to !xtacCmeot 2. (Maste~ Land Use Plan RZ-198b). 10. Pursuant to Subsection 3BO.06(19){f), r.s., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This languase should address and qu~n~ify: ~. A;l proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions ana requirements: to com@itments and re~resentations in the Application foe ,Development Approval; to the acreage attributable to each desccibed proposed change of land use, open space, areas for preservation, green belts: to struc:~!e5 oc to other improvements inCluding lo~aticns, 'square footage, number of units: and other major characteristics or components of the proposed change; Refer to Attachment LO. and Atta'chment 11 for proposed changes. An updated legal 'description of the propecty, if any project acreage is/has been added or deleted to the previously approved plan of dev~lopment; b. c. NO ClLWCE A proposed ~mended development orde! deadline for commencing physical development of the proposed change~, if npplicable; HO CllANGE A prQpOsed amended develop~ent order termination aate that !casonably reflects the time requited to complete the developmer,t ~ NO CllAHGE. a. 100' f151PAGl250 ~ -------.-----.--.-..-- .---.------..-- - - - _6n;::"",r'I'::~ itF"l.-~. 'I' . '':::I~ _. .." "..., : \I 1-'~o\J:;n11DHr 13, 99 'BR}\-O 8-86. Page Seven . . A proposed ame~ded developm~nt order date to which th~ loc~l government l:lgte~s that: the cb.~ng~s tD the! DRI :"~hall not be sUbject to down-zonin~1 unit Density reduction, or ~nten~ity reduction, ~f applicabl~: and f. KIA Propo~ed amend~d development order specifications for the annual report, inCluaing the date of subm.is.sion~ contents, and parties to whom the report is submitted as ~peclfied in pubsection SJ-'2.02S (n. r.l<..c~ .fA If the proposed change meets or eXCeeds subst~ntiAl deviation c:iteria liSted in the DRr dev~lopment order, or In the criterja listed in Suhsection 380.05(19; Cb), r~s., then the proposed change II 1:. l'iLJbstllrtti.al deviation and shall be SUbject: to further DR! review ....ithou,t the necessity fe::: ,:l:. pUbl!,c he-ariag ~nd determination by the local government. ... 100' 051"G,251 ! i , . , " ,I i! ( ATTACHMENT lS PLANNED UNIT D&VELOPMtNT DOCUMENT FOR LELY, A RESORT COMMUNITY PREPARED BY: WILSON, MILLER, BARTON , PEE~, INC. ENGINEERS, PLANNERS' LAND SURVEYORS 3200 Bail~y Lane at Airport Road ':, suite 200 Naples, Florida 339~2 March 1992 Date Approved by cepe: Date Approved by Bee: Ordinance Utlmber: Date Amended by Bec: Amending ordinance Number: Mav 2. 1985 May 21, 1965 85-17 March 10, 1992 EXHIBIT "C" 1001 rJ51"Gt252 -, --...-......-----.--------'"...- -- -_..~ .- ------- -- -- - SEC'I'ION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VI! SECTIONtVIII SECTION IX SECTION X SECTION XI SECTION XII SLeTtON XII I SEeTICH XIV - -/..>,genda item N j'Joverni)8r 13, ~ ~ List of Exhibits and Tables !i Statement of Compliance nnd Short Title iii Property Description and Ownership 1-1 project Development 2-1 R ResidentIal 3-t C-l Commer.cial/Community 4-1 C--2 COnutll!!tCilll/Profetsionat 3-1 C-J CommerCial/NeighborhoOd 6-1 EC Edison Coll~gc 7-1 CC Cultural Center 8-1 RC Resort Center 9-1 GC Golf Course 10-1 11-1 12-1 13-1 CO Conservation/Open Space PR Cypress Preserve PS Park/Elementary School General Development Commitments 14-1 i 100' P.51r.Gt253' - - - LIST or EXHIBITS AN~ TABLES EXHIBIT H Kaster Land Use plan {prepat~d by Wilson, Miller, Barton , peek, Inc. File No.RZ-198 TABLE I E.stimated Market Absorption Schedule 7hSLE II A Development Standards 'R' Residential Area~ TABLE :cI B Development Standards R' Residential Areas ii 100' f15Ir.cE 254 ..,------'------' .. ,__~._.____.____~.__..____... om ... .-._..~-~--'-- - - -l'.~len:ji..l !;:;;:'!r: !'~ i~'(\."tbrn~)er 13 :_~3 D SECTION t PROPERTY OESCP,IPTION AND C,;'n<iERSHIP 1. 01 INTRODUCTION, LOCATION AND PURPOSE It ii. the intent of. Lely Development Corporation (her@!nafter called ~applicant or d~velopec") to develop A Planned Unit Development: (P.U.D.) on appro::dm~tf!ly 2892.5 acre& of property located in Collier County, rlorida. The subj~ct prDperty in generally bordered on the w~st by Lely Estatcs.::Jo the north by CR 864 {RattlesnllX-& Hammock Rand}, on ;-,h~ ~;'Z\IJt. by C'R 951 (Ide a( Capri ROl:!ldj f and on th~ south by U.S. 41 (Tamiaml Trail E~s~). It is the purpose of this document to ~5tablish th~ ~tandards and guidelinett for the future development of ~h1s property. 1-1 !DDI 051,,,,255 ( , ~\) " ~c"2-\'\j t\ '~ \ 1()\\1 S'i...? "\IJI~\\'\ eX'''''''' ta\\\\\C~ \) I-IS-V? ~ ~ '7t0, ':f O'~r":!J ,CjJ ~~ 3 () ( c~.4--;~dj ;4.i:--vuzL. '--rzd-i;,tA_-?D~d~t!.,.d i '-..1)0.-- /5-/ 3 '7 7/:1- !fJ-.Lj' 70 3 9'.J~ -PJw'YGL.-- AJenda itSn1 f"-lo 8e i';cwlC:rnber 13. 2'007 ~,g~ 10401110 . ,('. " ~_J'o: {~JJcMJ." ~~~ ~&UJG.1LM~ G,.,\_,P~)~ . .. ();t;{Mu' ;;ifd0 rJ ~....Lu..11.)! FA/iUY-rb f-J2-1)JX/lLCJv. . ;0. , (Z:tux!:A./dj,dh-i..-' ' .' . y ,--'/) -L ~:J,/jr;, @_<._a~ /tu...co r'l_{!aJLJ'I..iU-<2) ___UHJ O~";'J1 ~iAJ 2 (;, 0 ,5- (:Jil/'--~r7Ll1.--'---tJ7L/,!.) -/!t. u.)L{L- / (! ! i;~I/U?t~ 'l ! ,_ ---0 ., r /I /) t' /) j I .-f-- r2... 1 ,OJ / (/ ,"---U',-7Cc'.{iX.J L&--uj<~ .. 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" ,-I- /) /J ,__. ~/ /1- /VI; hi) ~()~ . 0\'"' t!ZJ &(}'4/(-'~'F-t:.J:I/?V1.ul--4I(, L-(/'rl(:,/J1L(t:~~;r ad ~ l-~ ~~.d/ ,; t& /~. -v.L Y ~tu d Jio "h-V I ('~~~ iJ ~~ ~0 f!ta.A/lt8d CmurA.[{~ %<0)~) t-iJJ..-- J~ (Yf({/?d~ jAJVU<J -~, - . 7~Zfl-~Y' . ~;1~J...l Iiw. vfJf},A_J(~JAudL dl/l4rJu 'r J d-U rwU CdX-.udfJfiZUrcJ ;! ~ ?/ d(A,) ;','J2ncia :teln 1\10, 8C i\rOV~~mu8r 13. 2007 Page-; '106 IJf '; ; 0 Silva Garcia and Greg Hood 8942 Lely Island Circle Naples, FL 34113 Collier County Government Community Development and Environmental Services 2800 N Horseshoe Dr Naples, FL 34104 Sept. 21, 2007 Dear Sirs, We are in receipt of the Lely Resoli Phase I Tract 4 lOUD amendment. Notwithstanding the poorly represented location map, the lack of clear proposed construction, and the contemptible fact that the proposal was submitted when nearly half of the homeowners are not in Florida (Aug/Sept when snowbirds not present), WE ARE VEHEMENTLY AGAINST THIS PROPOSAL. The main reasons are: 1. the only sliver of land abutting a pond with quiet and beauty will be gone forever. An UNACCEPTABLE INCREASE in noise pollution, traffic, delivery trucks, and overall congestion on a spit of land where there is already a traffic light Wllich gets congested when there are 6 cars waiting to turn left or right (intersection of Triangle and 41), 2. "Ole" townhomes along CR 951 are still not completed and are not habitable, with every single spare inch of land built upon; and yet you are increasing the density with yet more multi-family dwellings on the corner with the only peaceful view of water and trees along the superhighway known as US 41. 3, a bankrupt Kmart, a gas station which closed at the corner of US 41 and CR 951 and has been vacant for 3 years, and random parcels of vacant commercial spaces and land around the Kmart/Publix are an embarrassment and an eyesore in the neighborhood. Why not shift the priority to marketing these vacant commercial parcels to active healthy corporate buyers and leave the proposed corner alone? 4. there is no WRITTEN guarantee that the ponds will not be touched nor changed in any way, and this is not acceptable, Those ponds are reserved for Lely homeowners' private fishing/hoating use. In summary we urge you as our public officials to vote against this PUD /1..r.:;ellda Itorr: i'~CJ_ E:~C I\'ovembe" 13. 2007 Page 107 of -1'.0 amendment and leave the Lely Resort development as is. Sincerely, Silvia Garcia and Greg Hood Agenda item l\Jo. [~(~ f~overllb8r 13, 20U7 /....." O'"'qP 1('0 "f -, () -'J::-F' _"dU , , 1"1 c: C I.... I::;: ,J 1It:~ ^' S: :'"0 ,Ep 2 r ,\ _'"1 :; tam .2'0 ", N/Na /),~p September 20, 2/;]o11'lTMENr Mr. Willie Brown, A.JCP, et a!. Department of Zoning and Land Development Naples, Florida Ladies/Gentlemen: For those of us who own property in Lely Resort, but are wmble to attend the public hearing of the amendment (P\JDA-2006-AR-jD333) that Stock Development LLCis proposing, we respectfully submit that the amendment request is being initiated when many ofLcJy's residents are absent.--whieh could allow its passing, \\1th little opposition. Since many of US are not in residence. cannot attend the hearing, and given only a few weelcs to consider the proposal, with all due respect, we ask that the motion be tabled until a greater representation ofLely's residents are present. We need to be more informed about the type of structure/s that will bc built....and to what purpose, There is concern about the impact the mnendment's passing might have 011 the beauty ofLdy Resort's main entrance, lmd the value of our properties. Apartment buildings, offices, and retail establishments could detract from the beautifld expanse of greenery and water now visible from Tamiami Trail East. Will the proposed amendment allow fast food chains? Gasoline stations? Office buildings? If apartments are permitted, will they be high-density or low-density constructionl hldeed, "mixed-use" development could mean anything. Who decides what is considered appropriate? How can we learn what kind of specific plans Stock Development is presenting? Is there control over what sort of buildings are erected after the amendment is passed? If so, does the Department of Zoning remain involved ill the subsequent projects? Finally, how can we obtain an official record of the proceedings? Sincerely, Robert and Diane Rebbec 6738 Bent Grass Drive Naples, FL 34113 6 {( ;,10', ~hCKfytiL/ t?J , 0-',)1"'111\ '.'1'[ 1N(\ , '1 V (jJ 17o"'{ ,,,,I'-'l.. I () ,'r IB/01/2007 1~12 6174795437 CHENETTE.. PI.I JI-18 ING I\;Jendap/W18 Ng2bC Neve!ljt)s; A~:;', 20DL.__._~ Pdge 109 of i 'fO Paul and Diane Chenette 14 Maypole Road Quincy, MA 02169 Florida property address: Lely Resort 9139 Michael Circle #1 Naples, FL 34113 October 1, 2007 Collier County Current Planning Section Development SSlVices Building 2800 Nort~l Horseshoe Drive East NaploB, FL 34104 Attention: Willie Brown, Principal Planner RE: PRtllion: PUD-2006-AR-1 0333 Dear Mr, Brown, We, as property owners within 500 feet of Stock Development's requisition for mixed-use development on the parcel fronting U,S, 41 and Triangle Boulevard, do hereby request to go 01) record as being opposed io this said development We would like this opposition to be so noted and counted at the meeting to be heid on Thursday, October 4, 2007 as we are unable to attend the meeting, in addition, we request a record of the proceedings of the October 41h meeting to be sent to us at the abOVE! Massachus[~tts address or notified of a location to pick U~l a copy of tile proceedings wl1en they become available, if any furtlwr Information is required of us, please c<111617-922-3774, 617-471-9066 ore-mail DICHENETTE@AOL.COM, Thank you foi' YOUi' consideration. Sincerely, ~~7UG (?111/f1c1!~jjfL) C1~ 0, CJ6r' Diane Chenette Paul D. Chenette co Newell Pl'Operty Management Aquamarine Condo Association 10/02/07 11:01 FAX 508 706 7335 BOSE LEGAL i'\']7,;nc:a d4M);O~o. gC l'Jcwember 13. 2Cl-07 Page "~1] of i 1C! Mark E. Sullivan 722 Jerusalom Road Cohasset, MA 02025 October 2, 2007 fu. Facsimile Florida properly address: I.ely Reson 9113 Michael Circle 1"11 Naples, Fl_ 34113 Collier County Current Planning Section Development Services Building 2800 Nortll HOI'00Sh06 Drive East Napes, FL 34104 Attention: Willie Brown, I"rineipal Planner RE: Petition: I"UD-2006-AR-10333 Dear Mr. Brown: As a proper1y owner witllln 500 feet of Stock Development LLC's (Stock) proposed mixed-use development on the parcel fronting U,S, 41 and 'rriangle Boulevard, I oppose the requested Amendment sougllt by Stock, I would like this opposition to be so noted end recorded at the meeting to be held on ThlJrsday, October 4, 2.007. I mn unable to attend the meeting in p0~son, llin "rely, OA t l .M? ___c_~ rk E. Sui van Attorney At aw Gc: Newell Properly Mim~lg()mont bv facs; mile clo Michelle Hing-Terrell Agenda Item No. 80 November 13, 2007 Page 1 of 116 EXECUTIVE SUMMARY PUDZ-2006-AR-9577, Tim Hancock, AICP of Davidson Engineering, Inc., representing Page VI, LLC, is requesting a rezone from Rural Agriculture (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) zoning district for property located on the east side of Livingston Road (CR-881), approximately two (2) miles north ofImmokalee Road (CR-846), in Section 13, Township 48 South, Range 25 East, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application for a proposed rezone to permit Della Rosa Residential Planned Unit Development (RPUD) and to ensure the project is in harmony with all the applicable codes and regulations in order to make certain that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to rezone the subject 15.38 acre site from Rural Agriculture (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) zoning district. The RPUD proposes a density of seven (7) dwelling units an acre, for a total maximum of ] 07 residential dwelling units. The proposed Della Rosa RPUD is located in the Urban Mixed Use District - Urban Residential Subdistrict and the base density for this Subdistrict is four (4) residential dwelling units per gross acre which would give the developer a total of 62 multi-family dwelling units. The developer is relying on the Future Land Use Element (FLUE) policy for Residential Infill Bonus for an additional three (3) units per acre to achieve the proposed density of seven (7) units per acre which would allow an additional 45 dwelling units. The developer intends to acquire Transfer of Development Rights (TDR) credits to achieve the additional three (3) dwelling units per acre which will have to be redeemed prior to the first Development Order approval. As described in the staff report, the permitted principal uses will be for a multi- family residential dwelling development with a minimum lot area of 10,000 square feet and a lot width of seventy (70) feet. The maximum zoned building height is fifty (50) feet. The PUDs in the surrounding area have various ranges of building heights as follows, The Pelican Strand PUD which is east of the property has a maximum building height ofthiliy-five (35) feet for single-family and multi- family dwelling units. The Tuscany Reserve PUD which is located nOliheast of the subject property and situated just west of 1-75 has a maximum building height of fifty (50) feet for the multi-family structures. The Royal Palm International Academy PUD which is southwest of the subject property and immediately west of Livingston Road (CR-88 I) allows for building heights of forty-five (45) feet and three (3) stories for the multi-family structures, Page I of7 Aaenda Item No. 80 November 13, 2007 Page 2 of 116 With respect to the matter of compatibility with adjacent properties, the surrounding neighborhood is vacant but, some of the parcels are currently under review with the County for a potential rezoning of rural agricultural land to Residential Planned Unit Development's (RPUD). Immediately east of the proposed project is Brandon RPUD (AR-I017I) which is currently under review and scheduled to go before the Collier County Planning Commission (CCPe) on January 3,2008. The parcel to the north is the Mediterra PUD (Ord, 01-61) a golf course community with a Village Center approved for 20,000 square feet of commercial space. The Village Center is surrounded by 123 single-family dwelling units and 216 multi-family dwelling units, Mediterra was approved for a total of 750 residential dwelling units at a gross density of 0.56 units per acre. The parcel to the south is vacant but was approved for a Conditional Use for a fire station. Further south is Royal Palm International Acadcmy (Ord. 03-54) which allows 550 multi-family dwelling units at a gross density of 3.40 units per acre. FISCAL IMPACT: The rezone to RPUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authOlized level of development, however, if rezone to RPUD is approved, a portion of the land could be developed. 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 fifty (50) percent of the estimated Transportation Impact Fees associated with the project. The other fees are collected prior to issuance of a building pennit 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 Collier County Planning Commission (CCPe) to analyze this petition, GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit t}1les) at a base density of four (4) residential units per gross acre and recreation and open space uses. This project is relying on the Residential In-fill provision of the Future Land Use Element (FLUE) for an additional three (3) dwelling units per acre (du/a) to achieve a density of seven (7) dwelling units per acre (du/a). Page 2 of? Aqenja iterrl hJO. 8D Novprnber 13, 2007 Pclge 3 of 116 Base Density Infill Bonus Total Eligible Density 4 du/a 3 dula (one (I) dula shall be transferred from Sending Lands) 7 dula The Residential In-fill provision states "To encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of three (3) residential dwelling units per gross acre may be added if the following criteria are met:" a. The project is 20 acres or less in size; [The project is 15.38olo acres.] b. At time of development, the project will be served by central public water and sewer; [Provided for in Section 5.4, B of the PUD]. c, The project is compatible with sUlTounding land uses; [The site is located in the Urban Residential Subdistrict which is identified as an appropriate location for residential land uses.] d, The property in question has no common site development plan with adjacent property; [The property has no common site development plan with adjacent property,] e. There is no common ownership with any adjacent parcels; [The properties to the north, the east and south are cUlTently undeveloped and Livingston Road lies to the west of the site. According to the Property Appraiser.s records there is no common ownership with any of the adjacent properties,] f. The parcel in question was created prior to the adoption of this provision in the Growth Management Plan on January 10. 1989; [A copy of the Collier County Property Appraiser's card was provided showing the property was in existence prior to 1989.] g. Of the maximum three (3) additional dwelling units, one (1) dwelling unit per acre shall be transfelTed fi'om Sending Lands. [The applicanfs Evaluation Criteria Narrative provides that the applicant has obtained the rights to purchase TDRs to facilitate the additional requested density. Section 3.1 of the RPUD document provides and authorizes a base density of 4 units per acre for a total of 62 units. For each TDR that is purchased and trans felTed to this project, an additional two (2) dwelling units may be added, for a total of three (3) additional dwelling units per acre and a total of 107 units in the project. The petitioner has provided for the specified number of TDR credits and for the redemption of those TDR credits in Section 3,2 of the RPUD document. The RPUD document further stipulates that at Site Development Plan (SOP) application the developer will submit documentation of acquisition of all TOR credits needed for the portion of the development composing the SDP as a condition for final approval. The applicant will coordinatc with the Comprchensive Planning Depmiment and submit an application to redeem the required numbcr ofTDRs for the project. and the project review will remain in reject status until such time that the TORs have been redeemed, It is also noted that at the time of SDP application, the applicant must provide the necessary individual TDR tracking numbers for each TDR credit required by the SDP as a separate exhibit to the application titled TDR Credit Verification Sheet.] Page 3 of7 Agenda Item No. 80 November 13, 2007 Page 4 of 116 h. Projects qualifYing under this provIsIon may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. [The project proposes to obtain the required TDR credits.] Transportation Element: Staff has reviewed the project with respect to Policies 5.1, and 5.2 ofthe GMP's Transportation Element and finds the project to be consistent. Based upon the findings above, the Comprehensive Planning staff has determined that the proposed use and density is consistent with the FLUE of the GMP. AFFORDABLE HOUSING IMPACT: The petitioner has committed to contribute one thousand dollars ($ 1,000) per residential dwelling unit that will be constructed within the project and shall be paid to Collier County within seven 7 days of the closing on each residential dwelling unit. The payment of the sums set forth in the RPUD document shall reflect a credit to the project's obligations to pay any fees that may be adopted in the future by the County relating to tile provision of Affordable or Workforce Housing. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards have been addressed within the RPUD document and for this reason the rezone is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDA nON: The EAC heard the petition on January 11, 2007 and with a 6-0 vote recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition AR-9577 Della Rosa RPUD on September 20,2007 and by a vote of9- o recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. An interconnection shall be constructed if the adjacent property along the north is developed as commercial. The interconnection shall be located so as to abut the public utility easement on the adjacent property. 2. The five (5) acre property adjacent to the south shall be dedicated as a preservation parcel and shall not be used for mitigation or count as part of the preserve area for the Della Rosa RPUD, The preservation parcel dedication shall be completed prior to the first development order approval. 3. All mitigation for the Della Rosa RPUD shall be done in Collier County. Page 4 of7 Agenda Item No. 80 November 13, 2007 Page 5 of 116 4, The parking deviation request shall be removed from the RPUD. [The RPUD document has been revised to reflect the CCPe's condition]. 5, Remove Sec 2.4 of the RPUD condition for a playground. [The RPUD document has been revised to reflect the CCPe's condition]. Although the CCPC approval recommendation was unanimous, this petition was not placed on the Summary Agenda because the Assistant County Attorney reviewing this petition has requested that it be placed on the regular agenda to allow the motion and conditions of approval to be discussed. It should be noted that the applicant agreed to all of the conditions. The CCPC's recommendation was the result of a complex discussion, and the Assistant County Attorney felt the BCC would be better served by hearing a review of that discussion before taking action in the petition. Exhibit A is the applicable excerpt from the September 20. 2007 CCPC minutes, LEGAL CONSIDERATIONS: This is a site specific rezone from an "A" Agliculture Zoning District to a Residential Planned Unit Development Zoning Disllict for a project to be known as the Della Rosa RPUD. Site specific rezones are quasi-judicial in nature, As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set fOlih below, The burden then shifts to the Board of County Conunissioncrs (BCe). should it consider denying the rezone, to determine that such denial would not be arbitrary. discriminatory or unreasonable, This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for pun Rezones: Ask yourself the following questions. The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land. sunounding 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 "ot to be provided or maintained at public expense? Findings and recommendations of this tvpe shall be made only ujier consultation with the county attorney. 3. Consider: Confonnity 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. Page 5 on Aaenda item No. 80 N"ovember 13, 2007 Page 6 of 116 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The tlmmg or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7, Consider: The ability of the subject property and of surrounding areas to accommodate expansIOn. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of sueh regulations. 9. Will the proposed change be eonsistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? II. Would the requested PUD Rezone rcsult 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 sunounding land uses, because of peak volumes or projected types of vehicular traffic, including activity dUling construction phases of the development, or uther"ise affect puhlic safety? 16, Will the proposed change create a drainage problem? 17. Will the proposed ehange seriously reduce light and air to adjaeent areas? 18. Will the proposed ehange adversely affect propcrty values in the adjacent area? 19. Will the proposed change be a detenent 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. Page 6 on A':]enda ltern No. 80 November 13, 2007 Page 7 of 116 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24, Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification, 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. II], as amended. 26. Are there other factors, standards. or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence 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 BCC hearing as these items relate to these criteria. (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ- 2006-AR-9577 Della Rosa RPUD subject to the CCPC recommendations except for condition one (I) which states, "An interconnection shall be constructed if the adjacent property along the north is developed as commercial. The interconnection shall be located so as to abut the public utility easement on the adjacent property." Staff recommends that the interconnection shall be constructed regardless of whether it is developed as commercial or residential. The intent of this recommendation is consistent with the Transportation Services Division's request, to limit multiple access points on Livingston Road (CR-88I ) when property owners can share one ingress/egress point. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review Page 7 of7 Item Number: Item Summary: Meeting Date: t'agc lot I Am,ndi'i !1~1'l' N0, 80 r{,,,ember 13 2007 F'aqe!;: of 116 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 80 This Item requires that all P8r1ICipl1nts be sworn mand ex parte disclosure be fJrovided by Commission members, Pet,tion, PUDZ-2006-AR-957i Page VI, LLC represenled by Tim HancocK, AI:;P of OavlcsC\' Eng'neein9, Inc, i$ requesting a Planned Unity DFvE'lopment (PUD) Rezone for thoc Geliil RO(;Ol PPUD, The rezollmg request IS to rezone from Rural flgneul!ure ,:A) and Special Tre,lllTknt ,:ST) Overlay zoning dis!ric~ to tile Reslddniial Plol!med Un,t DevBlopment (RPL'Dj zoning dlstnet. The proposed RPUD io located Winlin the Urban Mixed US!? 8istnct wh<cn allow~ tar a bast> re"loentiai density of 4 ur-,its dn <JerG and the GIO'.vth Man"gement Plan (GMP) infill provision allows for a maximum of three 131 addl:ional units an ,Kr!? The R"'UD propooes a density of up to seven (7) units an acre, for a lotal msx,rnum of 107 muitl-lalllllyr€sldentlal dwelling units Th"subJec~ property consist of 15.38 acres and is located on tile east side ofUvinqston Road. approximately 2 miies north of Immokalee Rd, in Section 13 TOWIlShlp 48 South. Range 25 East. Collier County Florida 111~312007 90000 AM Date Prepared By Melissa Zone Community Development & EnvironmentatServices PtincipafPlanner Zoning e Land Development Review 1012S!20075:57c24PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administralor TransportalionServicesAdmin 11111200712:56 PM Date Approved By MarleneStew21r! Community Development & EnvironmentillServices ExeculiveSecretary Community Development & Env;ronmelltai Scrvices Admin 1111120072:08 PM Date Approved By Ray Bellows Cmnmunfly Deveiopmenl' & EnvironnwntlllServices ChiefPbnner Zoning & Land Development ReView 1111120073:21 PM Date Allproved By Su~"n Murray, AtCP Community Dovelopment & EnvironmentalSr,rvices Zoning & Land Devewpmenl Dimctor Zoning & Land DevetopmentRe'Jiew 1'111120073:40 PM Date ApI)rovedBy NiekCasatanguida TransportlllionServiees MPODirector TransportationPlann;ng 1111120074:12 PM AppruvedBy JosephK.Schmitt Community r:J<'velopment & Environnl"CltJiServices Community Development & Envlronrm)ntalServieesAdminstrator D~te Community Devclopmen1 & Env,ronmenta!Ser'f<cest.\dmin 1111120079:10 PM [int" Approved By MafJone M. Stlldent..Stirijng Ass,star.! County Attorney 11!;YZ0078:3BAM Appruved By County Attorney County Attorne}' Off'cn R~ndyG;eenwald Date County M~nager's Office Mm1agernontlBudgotAnalyst :Jffice of Mnnngernent& Budget 1112J20079:08AM Allproved By Mark Isackson County Manager's Officl'! E1udgetAnalyst Date Office of Management & Budget 11/2120079,17 AM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manilger's Office 1117/20074:53 PM file://C:\AgendaTest\Export\92- November'Yo20 13, %202007\08.%20ADVERTISED%20PU.. 11/7/2007 AG{iOOA IIliNl,tfH'D ~-JovernDer 13. 2007 Page ~i of116 ,11'" -""M a;f~;er County -"""""~-~.--~-'" STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 20,2007 SUBJECT: PETITION PUDZ-2006-AR-9577, DELLA ROSA RPUD OWNER: Page VI, LLC 333 Ohio Street Indianapolis, IN 46204 AGENTS: Tim Davidson, AICP Davidson Engineering, Inc. 2154 Trade Center Way, Suite #300 Naples, FL 34109 REQUESTED ACTION: The petitioner is requesting a rezone Ji.om Rural Agriculture (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) Zoning District. The RPUD proposes a density of seven (7) dwelling units an acre, for a total maximum of 107 multi-family residential dwelling units on 15.38010 acres. GEOGRAPHIC LOCATION: The proposed project site is located on the cast side of Livingston Road (CR-881), approximately two (2) miles north of Jm1110kalcc Road (CR-846), in Section 13, Township 48 South, Range 25 East, Collier County, Florida, See location map on the following page. rage 1 of9 ~t=;~ ,~ _'0 ~ "~~o I~ ,I ~ ~ 1 1 2Q3Q) -..D 0) I roc", I !.~ -0 G:5 0... ! ;1 I c> ~~ Ii aJo z 21 ~Z wQ 1 !::!< ) ",0 C 'l e e - 1 ,~ @ -I i .1 -, ~ -U- D~()lj NDI$!lIMI1 ~i 4 QI 6:Q IW:H;D110ij / __ _ JC'" ~ >. Z => D U II . ~. it. I "''DWI/l'OXl''.I"OO.<;lXIIl''''~ ! R ,. I. 2~: ol, I' h I jl ~~ Ii' w w ~ t;z wQ ,!< 00 .___- '" 0 ________--0....... i'1'ilJ.;llJllllH It- lit ih Ii I."", lMlll -.nt"UIO_" I iJR ~~ ~ ie , , !i . , :Ii !, i I ' , " , I ~ , i I I , i II' ii I, I Ii Ie j. a. <C ~ (!) Z Z o N ... ... '" '" .r: '" , '" o '" '" , N D ::> <L .. Z o >- >- w "- Q.. <C ~ z o - I- <C o o ...J A.oenda Item No. SO fiovember 13. 2007 Page 11 of 1 ~i 6 PURPOSE/DESCRIPTION OF PROJECT: The proposed RPUD is located wilhin the Urban Mixed Use Dislrict which allows for a base residential density of 4 units an acre. The applicant intends to obtain three (3) additional units by purchasing Transfer of Development Rights (TOR) lo increase the dwelling units. The Future Land Use Element (FLUE) Infill Bonus provision of the Growth Management Plan (GMP) allows for a maximum of three (3) additional units an acre. The base density of four (4) units per acre Of sixty-two (62) residential units, plus the three (3) bonus units for each TOR transferred to this project will increase the residential dwelling units by fotty-five (45) units to a maximum of 107 multi-family units. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant, zoned Rural Agricultural (A) and Special Treatment Overlay (ST) SUlTounding: NOlth: South: East: West: Vacant, zoned Rural Agricultural (A) and Commercial (C-I) Vacant, zoned Rural Agricultural (A) and Conditional Use (CU-OI-AR-1411) Vacant, zoned Rmal Agricultural (A) Vacant, zoned Rural Agricultural (A) Zoninl! Map 'J.;<l .... MliDlTEiRRA -"'. . _.~.. ) MliDITEiRRA pun --~---' - r\ T/J.$CAMYREiSERVfI PUD --~ PELICA N $7 RAND . ---:.~ '- -.......- {PE'LICA N 57 RA NO ~ ~' ..---'pun '3r Page 3 of9 GROWTH MANAGEMENT PLAN CONSISTENCY: Agenda Item No. 80 November 13, 2007 Page 12 of 116 The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) ofthc County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of four (4) residential units per gross acre and recreation and open space uses. This project is relying on the Rcsidential Tn-fiB provision of the Future Land Use Element (FLUE) for an additional three (3) units per acre to achieve a density of 7 units per acre, Base Density rnfiB Bonus Total Eligible Density 4 du/a 3 du/a (one (1) du/a shaB be transfelTed ii-om Sending Lands) 7 du/a The Residential Tn-fiB provision states: "To encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of three (3) residential dwelling units per gross acre may be added if the following critelia are met:" a. The project is 20 acrcs or less in size; [The project is 15.38010 acres.] b. At time of development, the project will be served by eentral public water and sewer; [Provided for in Section 5.4, B of the PUDlo e. The projcet is compatible with surrounding land uses; [The site is located in the Urban Residential Subdistrict which is identified as an appropriate loeation for residential land uses,] d. The property in question has no common site development plan with adjacent property; [Thc property has no common site development plan with adjaccnt property.] e, There is no common ownership with any adjaccnt parcels; [The propeliies to the nOlih, the east and south are currently undcveloped and Livingston Road lies to the west of thc site. According to the Propeliy Appraiser's records there is no common ownership with any of thc adjacent properties.] f. The parcel in question was creatcd prior to the adoption of this provision in the Growth Management Plan on January 10, 1989; [A copy of the Collier County Property Appraiser's card was provided showing the property was in existence prior to 1989.] g. Of the maximum three (3) additional units, onc (l) dwelling unit per acre shall bc transfen'cd from Sending Lands. [The applicant's Evaluation Criteria Narrative providcs that the applicant has obtained the rights to purchase TORs to facilitate the additional requested density, Scction 3.1 of the PUD docunlent provides and authorizes a base density of 4 units per acre for a total of 62 units, For each TDR that is purchased and transferred to this project, an additional two (2) units may be added, for a total of three (3) additional units per acre and a total of 107 units in the project. The petitioner has provided for the specified number of TDR credits and for the redemption of those TOR credits in Section 3.2 of the RPUD document. The RPUD documcnt fmiher stipulates that at site development plan (SDP) application the developer will submit documentation of acquisition of all TDR credits needed for the pOliion of the development composing the SDP as a condition for final approval. The applicant will coordinate with the Comprehensive Planning Depaliment and submit an application to redeem the required number of TDRs for the project, and the project review will remain in reject status until such time that the TDRs have been redeemcd. It is also noted that at the time ofSDP application, the applicant must Agenda It8m No. 8D November 13. 2007 provide the necessary individual TDR tracking numbers for each TDR credit required bfttile' SIDpi' 116 as a separate exhibit to the application titled TDR Credit Verification Sheet.] h, Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands, [The project proposes to obtain the required TDR credits.] Policy 7,1 The County shall encourage developers and property owners to connect their properties to fronting collector and mterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code, [The subject property is accessed from Livingston Road, a minor arterial highway.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effo1t to help reduce vehicle congestion on nearby collcctor and arterial roads and minimize the need for traffic signals. [The RPUD Master Plan depicts a preserve arca along the southern p01tion of the site and a lake in the center of the site, which precludes provision of a loop road.] Policy 7.3 All new and eX1stmg developments shall be encouraged to C01mect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land nse type, [The applicants review response regarding interconnection to the adjacent un-zoned, undeveloped prope1ties to the north and east, states, "The applicant requests that this matter be heard by the BCC. That no practical benefit occurs via interconnection since all properties access Livingston Road (CR-881), Veterans Mcmorial Parkway, 01' both. No interconnections are therefore being proposed", Due to the pending fire station along a p01tion of the southerly boundary and the remainder containing on-sitc preserve area, statT considers an interconnection to the south not to be feasible. Properly to the west is separated by Livingston Road (CR-881),] Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [As no deviation is requested, sidewalks will be required per the LDC. Different unit types are allowed thus the potential for vmying densities (See, 3.3.A), Common opcn space is provided via the minimum preserve area of 2.3 acres (See, IV). A contribution will be made to the Collier County Affordable Housing Tmst Fund (Sec, 5.3).] Conclusion: Based upon the above analysis, staff determines that the proposed rezone may be deemed consistent with the Future Land Use Element, of the Growth Management Plan, The issue of project interconnection to the north and east remains an area of disagreement. TransPoltation Element: Staff has reviewed the project with respect to policies 5.1, and 5.2 of the GMP's Transportation Elcment and finds the project to be consistent. However, it does not find the same for Policy 9.3 of the TranspOltation Element. An interc01U1ection to parcels to the nOlth (aligned with the adjacent 30-foot roadway casement) and an interconnection to the proposed Brandon RPUD to the east (currently under submittal) should be shown conceptually on the PUD master plan. Page 5 of9 ANALYSIS: AqenJa l1em t\Jo. 80 NDvember 13, 2007 Page 14 of 116 Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination would be based. The criteria are specifically noted in Section 10,02.13 and Scction 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission will use the same criteria as the basis for their reconunendation. Each of the potential impacts or considcrations identified during the staff review are listed under eaeh of the critcrion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation, These evaluations are completed as separate documents and are attachcd to the staff report as Exhibit" A" and Exhibit "B". Utility Analvsis: The Publie Utilities Division staff has revicwed and approved the petition. The RPUD document requires the Developer to meet all applicable County ordinances in effect at the time constl'Uetion documents are submitted for development approval. Design and construction of all improvements shall be subject to complianee with appropriate provisions of the LDC, Bureau of Emergencv Services Analvsis: The future homes of the Della Rosa RPUD will be located in a Category three (3) hurricane surge zone, whieh requires evacuation during some hurricane events, Adding to the residential units in this area further taxes an already tight evaeuation and sheltering situation within Collier County. While there is eurrently no impact mitigation required, it should be noted that approval of this PUD increases the evaeuation and sheltering requirements for the County. Transportation Analvsis: The TranspOltation Serviees Division recommends approval subjeet to the Developer commitments contained in Section 5,2 of the RPUD as well as an interconnection to the proposed Brandon RPUD whieh is located on the eastern boundary of this RPUD. Enviromncntal Analvsis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's reeommendations and safeguards have been addressed within the RPUD documcnt and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisorv Commission (EAC): The EAC heard this petition on January 11, 2007 and with a 6-0 vote in favor to forward this petition to the Board of County COImnissioners (BCe) with a reconm1endation of approval with the following condition: I. Tl1e projcct must obtain an Environmental Resource Permit from the South Florida Water Management District prior to issuaJ1Ce of any site plan approvals. Zoning and Land Development Review Analvsis: The Zoning and Land Development Review analysis applies specifically for current and future land use plmming and focuses on the relationship of the RPUD to the surrounding properties, As mentioned previously, the RPUD proposes a maximum of 107 multi-family residential dwelling units which will result in a gross density of seven (7) dwelling units per acre. The Urban Residential Subdistrict base density is four (4) residential dwelling units per gross aere which would give the developer a total of 62 multi-family dwelling units, The developer is relying on the FLUE policy for Residentiallniill Bonus for an additional three (3) units per aere to achieve the proposed density of seven (7) units per acre which would allow an additional 45 dwelling units, The developer intends to acquire TDR credits to achieve the additional three (3) dwelling units per acre which will have to be redeemed prior to the first Development Order approval. Page 6 0[9 Agen:J5 Item I\jo. 80 f\WV8:1;l:;,sr i 3 2007 As mention previously, the permitted principal uses will be multi-family residential dwcITmg {\riit~i 16 with a minimum lot area of 10,000 square feet and a lot width of ;;eventy (70) feet. The maximum zoned building height is fifty (50) feet. The PUDs in the surrounding area have various ranges of building heights. The Pelican Strand PUD which is east of the property and lying west of 1-75. Pelican Strand PUD has a maximum building height of thirty-five (35) feet for single-family and multi-family dwelling units, The Tuscany Reserve PUD which is located northeast of the subject property and situated just west of 1-75 has a maximum building height of fifty (50) feet for the multi- family structures, The Royal Palm International Academy PUD which is southwest of the subject property and innnediately west of Livingston Road (CR-881) has pcrmitted forty-five (45) feet and three (3) stories for the multi-family struehlres, With respect to the matter of compatibility with adjacent properties, the surrounding neighborhood is vacant but, some of the parcels are currently under review with the County for a potential rezoning of rural agricultural land to Residential Plmmed Unit Development's (RPUD). The proposed RPUDs will consist of single-family and multi-family homes. Immediately cast of the proposed project is Brandon RPUD (AR-10171) which is currently under review and scheduled to go before the Collier County Planning Connnission (CepC) on November I ,2007 (Exhibit D), Transportation Services Division is requiring the proposed RPUD to interconnect to this parcel. It should be noted that both petitions are currently being pursued by surrounding land owners who are land locked for the potential for access points for intereOlmection. The property owners have request an access point in a lctter addressed to staff. This letter is included among the exhibits for this staff report. The parcel north is Mediterra PUD (Ord 01-61) a golf course eonmlUnity with a Village Center approved for 20,000 square fcct of commercial space, The Village Center is surrounded by 123 single-family dwelling units and 216 multi-family dwclling units, Mediten'a was approved for a total of 750 residential dwelling units at a gross density of 0.56 units per acre. The parcel to the south is vacant but was approved for a Conditional Use for a fire station. Further south is Royal Palm International Academy (Ord. 03-54) which has a permittcd 550 multi-family dwelling units at a gross density of 3 AO units per acre, Dcviation from LDC requiremt:pts: The applicant is also requesting a deviation from the LDC section 4.05.04 for parking space requirement. Under the LDC, multi-family dwellings units shall have one (I) parking space per two (2) bedrooms or larger unit. Within Section VI of the RPUD document, the justification is based on the anticipated target market which will be seasonal residences, Staff does not have a problem with the deviation request because the site design of the homes is disclose to tbe potential buyers, Based on staffs review of the proposed project and the adjacent existing and anticipated land uses, Della Rosa RPllD is compatible with the sUlTounding property as well as eonsistcnt with the GMP provisions and LDC regulations. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant properly advertised and held the required NIM at North Naples Middle School cafeteria on March 12,2007 at 6:00 P,M. There were ten (l0) residents present at the meeting along with, the applicant's team and county stafr. Tim Hancock, of Davidson Engineering, Inc., the agent for the petitioner presented an overview of the zoning request and proposed development. The residents who attended the NIM did not oppose the project but had several questions that were Page 7 01'9 Agenda Item No. 8D November 13, 2007 addrcsscd by the developcrs and their agcnt. The concern that the height (maximum 50 f€'clY'Uf~hlJ 116 residential stlUcture's may not be compatible) Mr. Hancock responded that nearby approved Tuscany Reservc is a "mid-rise" project and the permitted multi-family structures height is 50 feet and thc dcvelopment to be known as Della Rosa is consistent with urban, residential zoning, The project is proposing four (4) to five (5) buildings on 15.38 acres with 7 units per acre density via participation in the TDR credit program, The residents wanted to know if the proposed RPUD will be a gated community and if the developer would be providing workforce or affordable housing units, The agent informed the residents that the homes being constlUcted will not be affordable housing and the intent of the developer is to gate the community and provide recreational amenities for the residents. The agent also mentioned that the development will be accessed via a right in, right out from Livingston Road. Another concern was if there are wetlands on site and how the developer intends to address the water flow. The agent mention that the environmental resource permit(s) (ERP) have been applied for and the sheet-flow has been damned on this site due to surrounding development; drainage will be via swales and lake(s) with two discharge points into the wetland (area on site). The central water and sewer to be accessed will be through tlle County and the landscaping will exceed code requirements. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards to the Bce a recommendation of approval for petition PUDZ-2006-AR-9577 Della Rosa RPUD subject to the following conditions.. 1. The project must obtain an Environmental Resource Pennit from the South Florida Water Management Distric1 prior to issuance of any site plan approvals. 2. The petitioner shall provide a vehicular interconnection along the notthern boundary of the subject property. . LIST OF STAFF REPORT EXHIBITS: Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings Exhibit "c" - FLUE Consistency Memo Exhibit "0" - Brandon RPUD location map (AR-10171) Page 8 of9 Agenda Item No. 80 November 13, 2007 Page 17 of 116 PREPARED BY: :~/o7 REVIEWED BY: '1)1~Al~ on~_~()flAtJ;_'n MAR.l RIE STUDENT-STERL~~~ ASSISTANT COUNTY ATTORNEY ':;:lIt '8/0T DATE 9 ~{807 DATE ..A---...-----' RAY LLOWS', ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,i".AA-Jv, Ljrl. v.l.L1:Jl/IU2.A,/ SUSAN M. ISTENES, AICI', DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW c;/x%7 DATE APPROVED BY: /~ ~ - /J " ,.....~. PH K. SCHMITT ADMINISTRATOR MUNlTY DEVELOPMENT AND E VIRONMENTAL SERVICES DIVISION ~~ Tentatively scheduled for the November 13,2007 Board of County Commissioners Meeting COLLI'R COUN11 PL~rJ:'IN.? COMMISSION: . eevl-'\ I J NCC'"~ R P. STRAIN, CHAIRMAN Page 9 of9 REZONE FINDINGS PETITION PUDZ-2006-AR-9577 Della Rosa Park RPUD Agenda Item No. 8D November 13, 2007 Page 18 of 116 Chapter IO,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 Plmming 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 ofthe Future Land Use Map and the elements orihe Growth Management Plan. Pro: The Comprchcnsive Planning Depmtment has llldicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation or the Growth Management Plan (GMP), Con: The proposed density of seven (7) dwelling units per acre is greater than the surrounding Planned Unit Development's (PUD). The average density in the surrounding area is between 0,56 to four (4) dwelling units per acre. Findings: The proposed change is consistent with the designated Urban-Mixed Use, Urbatl Residential Subdistrict on the FLUE, therefore, the project is consistent with the GMP, 2. The existing land use pattern; Pro: The existing pattern of development is mixed residential units which include multi- family and town-homes. The project is consistent with the existing residential land use patterns as explained in the staff report. Con: The area is primarily vacant and staff is unable to detel1nine how future growth will develop in the area. However, the Future Land Use is designated Urban-Mixed-Use District, Urban Residential Subdistrict. Findings: The increase of density per the FLUE In Fill provision is deemed acceptable for this site because the infrastructure is already in place and the development is in accord with the goals and objectives of the GMP provisions and LDC requirements. 3. The possible creation of an isolated district nnrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is dctemlined by topography and inadequate public facilities. Since the proposed RPUD rezone is consistcnt with the GMP with regards to adequate public facilities the change will not create an isolated district. Con: None Findin!!s: The proposed RPUD rezone will not result in an isolated district since the proposed residential uses and density complies with the FLUE. EXHIBIT A Iof6 Agenda item No. 80 r,overnber 13, 2007 4. Whether existing district boundaries are illogically drawn in relation to Pe~st1llg'f 116 conditions on the property proposed for change. Pro: The existing parcel is vacant land and as such, the land use is consistent with the land uses sUlTounding the subject site, Con: None Findings: The district boundaries are logically drawn and follow the cxisting propcrty boundaries. Therefore, the project is compatible with existing conditions as well they are consistent with the Urban Residential Subdistrict, as identified on the Future Land Use Map of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because the density infill bonus allows for higher density and more units in an area with fewer natural resource consu'aints and where existing and planned public facilities are concentrated, Con: The proposed RPUD rezone is not obligatory at this location. Findings: The proposcd R PUD rezonc is appropriate based on the existing conditions of the property and because it adheres to the FLUE, 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed dwelling unit types are similar to the currently approved Tuscany Reserve PUD multi-family development in the area, The residential development can be designed to be compatible with the surrounding residential neighborhoods. In addition, the existing residential uses located to the north and east of the property would be buffered from the proposed development with the proposed landscaped berm, In addition, the LDC and GMP require the dcsign of new developments to be compatible with adjacent properties, This will occur through the land development regulation site plan approval process. Con: The project proposes a density that is four (4) to five (5) additional dwelling units more pcr acre tllan the currcntly approved projects in the area, Findings: The development will not adversely affect the living conditions in the neighborhood because the recommended dcvelopmcnt standards and other conditions for approval have been designed to ensure the least amount ofadvcrse impact on the adjacent and nearby developments. 7. Whether the proposed changc will create 01' excessively increase traffic congestion or Cl.eate types of traffic dcemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during constructiou phases of the development, or otherwise affect public safety. EXHIBIT A 20f6 Aaenda Item r..Jo. 80 N~ovelTtber 13. 2007 Pro: The site generated trips will not lower the Level of Service (LOS) b6l(l,'W 'lRff 116 adopted LOS standard for Livingston Road (CR-881), Therefore, the project is consistent with policy 5.1 and 5.2 of the GMP. Con: Since the site is eligible for seven (7) dwelling units per acre based on the Residential In fill density bonus, as a result, there will be more site generated trips than similar developments in the area. FindinE!s: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the project will not lower the LOS below the adopted LOS for the area, During the first development order procedure the applicant will have to provide Transportation Services Division with a traffic impact study prior to the completion of the project. At that time, any idcntifiable local road impacts that are a result of the proposed project will be mitigated by the developer. 8, Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the first development order. FindinE!s: Evcry project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub-surface drainage generated by development activities as a condition of approval. The drainage plan has been approved for all existing land uses and future development will be reviewed at the time of the first development order. This ensures that the drainage meets County standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed development requires the site to conform to the development standards which are based on the LDC. These standards provide for open space, cOlTidor management, and building height restrictions, etc, to prolecllhe adjacent areas. Con: None FindinE!s: The proposed change will not have an adverse impact on adjacent properties. Furthermore, the final site design and the effcct of light and air on adjacent properties will be finalized at the time of first development order. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification lypically increases the value of adjacent land, Additionally, the development standards are similar to those approved for the surrounding developments. EXHIBIT A 30f6 f-,,;;endE: !em ~~O_ SO ~\JovelTlb8r 1 T 2007 Con: There is no guarantee that the project will be markcted in a maImer compttrnb'1e'to':lf l' 6 the surrounding developments, Findings: Propcrty valuation is affected by a host of factors including zoning; however zoning by itRclf mayor may not affect valucs, since value determination by law is driven by market value. The mcre fact that a property is given a residential zoning designation should not affect value becauRe the surrounding arca is also residential zoning. 11. Whether the proposed change will be a deten.cnt to the improvcmcnt or development of adjacent property in accordance with existing regulations; Pro: The adjacent properties are also designatcd Urban Residential on the FLUE and they allow for similar dwelling types. Therefore, the proposed devclopment will not be a dcterrent to the improvement of adjacent properties, Con: None Findings: The LDC's criteria for review of each land use application to allow Planning Commission aIld Board of Commissioners to follow standardizcd review process which requires consistency of the GMP. The development of adjacent properties, in accordance with existing rcgulations, will not be affected if this rezone amendment is approved. 12. Whether the proposcd change will constitute a grant of special privilege to an individual owner as contrasting with the public welfarc; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a graIlt of special privileges inconsistcnt with the limitations upon other propertics in the vicinity in which the property is situated. Con: None findings: The proposed rezone complies with the land use designation of the Urban (Urban ReRidential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a Pllblic policy statement supporting zoning actions when they are comistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in acco,.dance with existing zoning; Pro: Thc proposed RPUD rczone complics with the future land use element of the GMP becallse it will be used in accordance with the existing residential zoning within the area, Con: None Findings: The subjcct property could not develop residential dwelling units 111 accordance with the existing zoning because the eU11'ent zoning is Rural Agriculture which does not allow for intensity 0 r residential homes. EXHIIlIT A 4of6 Agenda Item rJo. 80 November 13, 2007 14. Whether the change suggested is out of scale with the needs of the neighborih@.d2iilDf 116 the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the pUlpose and intent of the OMP and all its elements. Con: The proposed RPUD would authorize residential densities greater than those proposed for nearby properties. Findings: The proposed RPUD will not generate vehicular trips that willlowcr thc LOS below adopted standards thc project will not adversely impact the neighborhood, The proposed RPUD is compatible with surrounding property in scale. 15. Whether is it impossible to tind other adequate sites in the County for the proposed use in districts already permitting such use. Pro: There are many sites which are zoned to accommodate the proposed development but this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of the zoning arc with consistency with all the elements of the OMP, Con: None Findings: Each zoning petition is reviewed on its own merit for compliance with the OMP and the LDC; and staff does not review other sites in conjunction with a specific petition. Tl1e proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. 16. The physical characteristics of the property and the degrce 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. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of conmmnity, Con: None Findings: Tl1e site will not require extensive alteration to make it usable for residential development. While site conditions may restrict the location and squm'e-footage of the homes it would not render the property unusable, 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 G..owth Management Plan and as defined and implemented th..ough the Collier County Adequate Public Facilities Ordinance, as amended. Pro: The proposed RPUD rezone meets all objective criteria set forth for residential zoning and conforms to the pUl"pose and intent of the OM? and all its elements. Development permitted by this rezone is subject to a concurrency review under the EXHIBIT A 5 of 6 Aaenaa Item No 80 N'ovember 13. 2'007 provisions of the Adequate Public Facilities Ordinance as well as regulations in trr;\!'EISt?f 116 Staff has reviewed this request and found it to meet all elements of the GMP, Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP and they have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. EXHIBIT A 60f6 Agenda Item No. 80 November 13, 2007 Page 24 of 116 PUD FINDINGS PUDZ-A-2006-AR- 9577 Della Rosa RPUD Section 10.02,13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Mastel' 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. Pro: The project is located within the Urban Residential Subdistrict of the Growth Management Plan (GMP) and this district permits residential uses with a variety of dwelling types. The Rural Agricultural to RPUD rezone will intensify the land but relative to public facilities this project will be required to comply with all county regulations regarding drainage, sewer, water and other utilitics. Con: The existing residcnts in the area may perceive the residential intensification in thc area as contributing factors to traffIc congestion, Also, the permitted land uses in the area are at a lower density then what the applicant is requesting, Findings: The GMP supports the intensification of land within the Urban Residential Subdistrict and the Future Land Use Element (FLUE) provision that encourages residential in fill in urban arcas of existing development outside of the Coastal High l-Iazard Area. Also, development conditions contained in the RPUD give assurance that all infrastructures will bc developed consistent with County regulations, 2. Adequacy of evidence of unified control and suitability nf any proposed agreements, contract, or other instrnments, 01' for amendments in those proposed, particularly as they may relate to arl"angements or provisions to be made for the continuing opemtion and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas, Con: None Findings: Documents submitted with Della Rosa RPUD application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas, 3. Conformity of the proposed Planned Unit Development with the gnals, objectives and policies of the Growth Management Plan (GMP). Pro: The subject property is designated Urban-Mixed Use, Urban Residential on the Future Land Use Map (FLlJM) and the rezone to RPUD is eonsistcnt with the GMP. Con: None PUDZ-2006-AR-9577 Della Rosa RPUD EXHIBIT "B" Page 1 of3 Agenda Item hlo. 80 November 13. 2007 Page 25 of 116 Findings: The subject pctition has been found consistent with the goals, objectives and policies of the GMP, The staff report expounds in detail of how the project is deemed consistent with the GMP, 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. Pro: The RPUD Master Plan has been designed to opttmlze internal land use relationships through the use of various forms of open space separation, External relationships are regulated by the Land Development Code (LOC) to assure harmonious relationships between projects. Con: Policy 9.3 of the Transportation Element requires, wherever feasible, the interconnection of local strects betwecn developments to facilitate convenient movement throughout the road nctwork. Staff has advised thc applicant that approval of this requcst is contingent on mecting this GMP requirement. The applicant has requestcd that it be discussed with the CCPC and BCe. Findings: Staff analysis indicated that the pctition is compatible, both internally and externally with the proposed uses and with thc surrounding uses except for the intercOlmeetion to the adjaccnt pcnding Brandon RPUD, s. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of open spacc set asidc is consistent with the provisions of the LDC and the GMP, Con: None Findings: Thc Mastcr Plan depicts an adequatc amount of open space that provides for the equitable distribution of open spacc, 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: This petition has been reviewed by all the required County staff and they have detennined that no Level of Service (LOS) standards will be adversely affected. Con: None Findings: The timing or sequcnce of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the project will not adversely impact the timing or scquencc of developmcnt that is cU1'l'ently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected, PUDZ-2006-AR-9577 Della Ro'a RPUD EXHIBIT uB" Page 2 of3 Agenda Item No. 8D November 13, 2007 Page 26 of 116 7. The ability of the subject p..operty and of surrounding areas to accommodate expansion. Pro: Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed RPUD as well as the surrounding development at the time of build-out of this project. COil: None Findings: SuppOliing infrastructure such as wastewater disposal systems, potable water supplies and capacity of roads is at a level supportive of expansion, 8. Conformity with pun regulations, or as to desirable modifications of such regulations in the particular case, based on detcrmination that such modifications are justified as mcctiug public purposes to a degree at least equivalent to literal application of such regulations. Pro: Staff has reviewed this petition for adequate public services and levels of service and fowld it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards Bnd deviations proposed for Della Rosa RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards, PUDZ-2006-AR-9577 Della Rosa RPUD EXHIBIT "B" Page3of3 An'--'n'';;::; !'.:>m 1<0 ;:\C, ::1- ....._', .,_ ...1.. .-,' --:,.~ I'-Ic)ve:nner 13, LOUt Page 27 of 1~: 6 ORDINANCE NO 07- AN ORDINANCE OF THE'BOARD OJ:' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING .oRDINANCE NUMBER' 2004-41. AS AMENDED, :tIlE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMpREllENSIVE ZONING REGULATIONS fOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA. BY AMENDING' THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION or TlIE HEREIN DESCRIBED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNrr DEVELOPMENT (RPOO) ZONING DISTRICT TO BE KNOWN AS THE DELLA ROSA RPOO, THE PROPERTY IS LOCATED EAST OF LIVINGSTON ,ROAD' (CR BBI), APROXIMATELY TWO MILES NORTH OF !MMOKAUiE ROAD (CR B46), IN SECTION 13, TOWNSHIP 48 SOlfm. RANGE 25 EAST, COLLffiR COUNTY. FLORIDA, CONSISTING OF 15.3R+J- ACRES; Arm BY PROVIDING AN EFFECTIVE DATR WHEREAS, Tim Hancock, Alep, of Davidson Engineering. loe') repre.senting Page VI, LLC, petitioned the Board of Counly COJJUllissioners to chmlge the zoning dassificntion of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: ,sECTION ONE: The wning classificalloll of the herein descIibcd real properly located in Section 13, Township 48 South, Range 25 East, Collier County, FIOlida, is changed from an "A" Agriculture Zoning District to a Residential Planned Unit Development (RPlJD) Zoning District to be known as the Della Ros.a RPUD in accol'dnnce with the RPUD Document attached hereto as Exhibit "A." whiGh is incorporated herein and by reference made part hereof. The appropriate zoning iltlas map or maps, as described in Ordinance Number 20U4- _ 41, as amended, the Collier County Land Development Code, is/are hereby. amended accordingly. SECTION TWO: ThiFi Ordinance shall become efftx:live upon filing with the Department ~f State~{ , .< Pagelof2 Agenda Item No. 8D November 13, 2007 Page 28 01 116 PASSED AND DULY ADOPTED by supel'-rnajOlity vote of the Board of County Commissioners of Collier County, Florida, this __ day of .2007. A ITEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~._, . Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to fonn nnd legal suffrciency: jf:'~r MarjOlie M, Student-Stirling r\'\ - Assistant County Attorney Page 2 012 o r--_ C) - o:)c.~ I~ ,I 0- 00.1,,- I I ""7" .- 0 "'-(")0) I E"'-C\J I ~~~ ~ (GQ) ! \1 I .D:::n (C ;om z II II D (1:-0... 0 I w- ~ > !::!< J O).Q ,"0 <~ 9 .. 19 19 -, ,~ ~ ~ @ i ! II I -=--'-- " ' - I al'Oll NCU.S:lNll\l1 ~i .. c )J ~Q.Ll.ON / ~ I! , , >- I~ i, i. t:; II ' . g: ~; :;j~~ s I; 0 I- $1 ~ I u , t;z ~"~ ~ !~ w w9 w ~ '!< mJ:I~IU.,"",~..rtllI_SSJll<Il.O !! 00 g:g ",-3.1Y.IB>BIH .II . Ii! U~ ~~~ I! . II h. Ii ' ~ ~i !!g . I Ig ~ .," I ~ "!,Hi {~"troI ~ hi ~r'" CM:l>lltNlnl'\d'J.l<OdllI'I' I i , . I l i i Il- l!!" ! / !~ ! ! I! .. - i,yTlll1Mol.l._.l. a.. e:::( :2: C> z z o N .... .... "' '" r!: .. , ., o o N " a :J 0.. .. Z o f- f- Ul 0.. 0..1 e:::( :2: z o l- e:::( U o -I Agenda IIem No. 80 November 13, 2007 Page 30 of 116 ORDINANCE NO, 07-_ AN.ORDlNANCE OF THB'BOARD OF COUNTY COMlVIISSIONBRS OF COLLIER COUNTY, FLORIDA, AMENDINO..,oRDINANCE NUMBER" 2004-41, AS AMBNDED,'),1-IE COLLIER COUNTY LAND DEVELOPMENT q(.ibE WHICH INCLUDES. THE COMPREI-IENSIVEZONING REGULATIONS FOR THE UNINCORPORATJ:!D AREA OF . COLLIER COUNTY, FLORIDA, BY AMENDING' THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THB ZONING CLASSIFICATION OP..THE HEREIN DESCRIIlED REAL PROPERTY FROM AN "A" AGRICULTURE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTIUCr TO BE KNOWN AS 'nIE DELLA ROSA RP1.lD, THE PROPERTY IS LOCATED EAST . OF LIVINGStON ,ROAD' (CR 881), APROXIMATBLY TWO MILES NORTH OF IMMOKALBE ROAD (CR 846), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLillR COUNTY, FLORIDA, CONSISTING OF 15.38+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATI!. WHi!H.EAS1 Tim Hancock, AICP, of Davidson Engineel'lng, Inc., reprel<:otlting Page VI, LLC, petitioned the Board of Counly Commissioners to change [1m zoning clnssifi<:ution of the herein described renl property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: !?ECTION ONE: The zoning classiUcnlion of the herein described mnl pl'Ol)cl'ly located In Secl[Oll 13, Township 48 South, Range 25 TInst, Collier County, Ploridn. Is changed from an "An ~- ,. Agricullul'e Zoning District to El Residential Plmmcd Unit Developmoi\t (RPUD) Zoning Dislrict to be known .us the Della Rosn llPUD in accordallce with the RPUD Document attnched hereto as Exhibit "A," which is: inco1'porated ben~llland by I'cfcrence made plII'!. hereof. The appropriate zoning ntlas mnp 01' maps, as described ill Ol'diulIl1CC Number 2004~ . 41, as amended, the Collier County Llmd Development Code, is/urn hereby. amended nccOl'dingly. SECTION TWO: This Ordi]~ul1ce shnll become e.ffective upon filing with the Dcnartmcltt ~f.~t~te{ ';,' . Poge I of2 AGenda Item No 80 riovember 13, 2'007 Page 31 of 116 PASSED AND DULY ADOPTED by super-m'jorlty vole of the lJosrd of County Commissioners of Collier County, Plodda, tltis ~ day of .2007. A TTl!Sl': DWeOBT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . Deputy Clerk By: JAMES COLETTA, CHAIRMAN lJy:_~" Approved as to fonn l:md legnl sufficiency: ..n\"~ r MSljode M, Studenl-Slirling .r\"\\ . Assistant Cnunly Attorney poge 2 of 2 Agenda Item No. 80 November 13, 2007 Page 32 of 116 DELLA ROSA A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: Page VI, LLC 333 East Ohio Street, Suite 200 Indianapolis IN 46204 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 and Goodlette, Coleman and Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Exhibit A ,- DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL___ TABLE OF CONTENTS STATEMENT OF COMPLIANCE 3 SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 4 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS 6 TABLE I: DEVELOPMENT STANDARDS 8 SECTION IV: PRESERVE AREA 9 SECTION V: DEVELOPMENT COMMITMENTS 10 EXHIBIT "A": PUD MASTER PLAN 13 EXHIBIT "B": LEGAL DESCRIPTION OF 5 ACRE PRESERVES 14 Page 2 of 12 A:E:nC2 itern hJo. 20 r-,rc)\!erilber i 3. 2007 Page 33 of 116 PAGE Aaenda Item No. 80 November 13, 2007 Page 34 of 116 STATEMENT OF COMPLIANCE The development of approximately 15.38 acres of property in Collier County, as a Residential Planned Unit Development (RPUD) to be known as the Della Rosa RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP), The community facilities of the Della Rosa RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the follow'lng reasons: 1. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The Urban designation allows for a variety of residential and non-residential land uses. 2. The Urban Residential District allows for a base residential density of 4 units per gross acre. Additionally, the residential infill provision contained within the Future Land Use Element allows for a maximum of 3 additional residential dwelling units per gross acre subject to additional requirements including the requirement to acquire TDR credits for the first of the three bonus units per acre, The Della Rosa RPUD meets those requirements and is requesting a density of up to 7 units per acre consistent with FLUE Policy 5.1, for a maximum of 107 residential dwelling units. 3, Regulations for development of the Della Rosa RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the GMP and the Land Development Code (LDC), as amended, which are in effect at the time of issuance of any applicable development order. Where this RPUD Ordinance does not provide development standards, then the provisions of the most similar district within the LDC, as amended, shall apply. Where there is a conflict between this RPUD Ordinance and the LDC, as amended, the terms of this RPUD Ordinance shall prevail. Page 3 of 12 A.;Jen::a Iten-, No. 8D t,.OVPiTiD81- : 3. 20G 7 ?age 35 of 116 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Della Rosa RPUD. 1.2 LEGAL DESCRI PTION The subject property being :t15,38 acres, is located in Section 13, Township 48 South, Range 25 East, and is fully described as: The West '12 of the Southwest '/, of the Northwest ';" of the Northeast '/, of Section 13, Township 48 South, Range 25 East, Collier County Florida. And The Northeast V. of the Southwest ';" of the Northwest '/, of the Northeast % of Section l3. Township 48 South Range 25 East, Collier County, Florida, And The '''orthwest ';" of the Southeast ';4 of the Northwest '/, of the Northeast ,(. of Section 13 Township 48 South Range 25 East, Collier County, Florida. And The Southeast ,(. of the Southwest ';" of the Northwest '/, of the Northeast ';" of Section 13, Township 48 South Range 25 East, Collier County, Florida. And The Southwest '/, of the Southeast % of the r"orthwest ,(. of the Northeast ';" of Section 13, Township 48 South Range 25 East, Collier County. Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Page VI. LLC, 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located immediately East of Livingston Road, approximately 1.75 miles North of Immokalee Road, B. The subject property is zoned Rurai Agricultural. It is proposed to be rezoned to Residential PUD IRPUD) for residential development. Page 4 of 12 Aaenda Item No. 80 November 13, 2007 Page 36 of 116 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. The Della Rosa RPUD is a multi-family residential development, The project will consist of residential units and associated amenities, B, The RPUD Master Plan is illustrated graphically on Exhibit A. A Land Use Summary indicating approximate land use acreage is shown on the Plan. The final location, size, and configuration of the buildings shall be determined at the time of site development plan (SDP) approval and building permit application in accordance with the LDC, as amended. 2.2. USE Of RIGHT-Of-WAY The developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within private rights-of-way within the Della Rosa RPUD, subject to permitting agency approval. 2.3. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models and model sales centers shall be permitted principal uses throughout the Della Rosa RPUD, B. Temporary use permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated SDP application(s) for residential models, may be submitted concurrently with applications for final subdivision plat (FSP) or SPDs, whichever shall apply, to depict the location of the model units within the project. C. The sales center may be serviced by temporary well and septic systems. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permit requirements and may use potable water or irrigation wells. 2.4. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, A construction operation/management office and sales office may be construeled after zoning approval but before construelion of any other permitted struelures. Page 5 of 12 Agenoa Item No. 8D November 13, 2007 Page 37 of 116 SECTION III TRACT R MULTI.FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS 3.1. MAXIMUM DWELLING UNITS Approval of this RPUO authorizes 0 base density of 4 units per acre for 0 total of 62 units. Based on the residential infill provision of the GMP, upon proof of purchase of 15 TOR's the subject property will qualify for 45 additional dwelling units. 3.2. TOR REDEMPTION PROCEDURES At the time of SOP application, documentation must be provided that the developer has acquired 011 TDR credits needed for the portion of the development that is the subject of the SOP. The applicant will co.ordinate with the Comprehensive Planning Department and submit an application to redeem the necessary number of TORs required for the project. Project review will remain in reject status until such time that the required TDRs have been redeemed. At the time of SOP application, the applicant must provide the necessary individual TDR tracking numbers for each TDR credit required by the SOP as a separate exhibit to the application titled TDR Credit Verification Sheet, 3.3. PERMITTED USES No building or structure, or part thereof. shall be erected, altered or used, or land used, in whole or in parI. for other than the following; A. Permitted Uses: Multi.family dwelling units including but not limited to condominiums, two-family attached, apartments and coach homes, B, Accessory Uses: ] . Customary accessory uses and structures, including clubhouses, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities, 2. Project sales and administrative offices, which may occur in a residential building and/or in a temporary building until such time as permanent structures are available, 3. Model dwellings during the period of project development and sales, Page 6 of 12 Agenda Item No. 80 November 13, 2007 Page 38 of 116 4. Any other use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA). 3.4. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. General 1 . All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Page 7 of 12 Acenca ;t~'!jI !~o gD f'~overr;be:' 13. 2'007 ~'3g8 39 of 116 DEVELOPMENT STANDARDS "R" Residential Areas Table I Minimum Lot Area: Minimum Lot Width: Minimum Building Setbacks: . Front Yard 20 feet' . Side Yard V, BH3 . Rear Yard 20 feet . Preserve Boundary 25 feet Minimum Fioor Area; 1,000 s,f. Maximum Zoned Building HeighI'; 50 feet Maximum Actual Building Height: 69 feet' Multifcmlly 10,000 square feet (s.f.) 70 feet Accessory NA NA SPS' 5 feet 10 feet 10feet I~A 25 feet 'A minimum distance of 23 feet shall be maintained from the back of sirJewolk to any area including driveways intencled 'or the parking of vehicles to reduce the potential of conflict. For buildings utilizing under building parking. this requirement shall f10t apply. This shall not apply to 01l-stree1 parking, 25ame as Principal Structure aBH = Zoned BulJding Helgt1t measured par Ihe lDC. 4Measured from the average elevation of tIle centerl1ne at the adjacent roodway and includes the area below the minimum Iloor elevations that have been established by law or permit above the flood lOne 10 the higtlest structure wilhout exclusions, Note: Buildings and accessory structures shall not encroach into a required landscape buffer area. Page 8 of 12 Agenda Item r~o, 80 November 13, 2007 Page 40 of 116 SECTION IV PRESERVE AREA 4.1, PERMITTED USES The PUD Master Plan provides for a minimum of 12.3 acres of preserve area which meets the required 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations, provided the minimum preservation requirements are met at time of SOP approval. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting: A. Permitted Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 2. Water management detention and structures, excluding a perimeter berm. a. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increose the annual hydro- period unless it is demonstrated that the design would have no adverse impact to the existing vegetation. 3. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA. B. Prohibited Uses 1 . Fences and walls. Poge 10 of 12 ,L,::JenC;2 tem No. 3D 1-i:JVerti s't' 13, 2007 F'2 e 41 of 116 SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC, as amended. B. Arterial level street lighting shall be provided at all access points, Lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy [Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. E, All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public, Any such Page 10 of 12 Agenda Item No. 80 November 13, 2007 Page 42 of 116 modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. F. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. G. All internal roads, driveways, alleys, pathways, sidewalks and interconnections fo adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. H. If any required turn lane improvement requires the use of any existing County rights-of-way or easements, compensating right-of-way or easements, shall be provided without cost to Collier County as a consequence of such improvement. I. If, in the sole opinion of Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shail be borne by the developer and shall be paid to Collier County before the issuance of the first CO. J. An interconnection shall be shown on the Master Concept Pian for the adjacent property to the North. At the time of the first development order of the parcel[s) immediately to the North, the owner shall be responsible for the construction of an interconnection subject to obtaining appropriate cross access easements and shared maintenance responsibilities for the project entrance. 5.3 AFFORDABLE HOUSING Coliier County and the Developer of the Della Rosa RPUD have cooperated to address affordable housing impacts associated with the Della Rosa RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Coliier County Affordable Housing Trust Fund. A. One thousand dollars ($1,000) per residential dwelling unit constructed within the project shall be paid to Collier County within 7 days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay any fees that may be adopted in the future by the County relating to the provision of affordabie or workforce housing~ Page 11 ofl2 AGenda Item No. 80 r{ovember 13, 2007 Page 43 of 116 5.4 ENVIRONMENTAL The Developer shall purchase two parcels of land consisting of 2.5:t acres each, for a total of 5 acres, commonly referred to as the Mathieu parcels, and more particularly described in Exhibit B attached hereto and incorporated by reference herein. Said parcels shall only be utilized for the purpose of a preserve in perpetuity. . 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(~ __-z-_ Ao-cmda item i~c. 80 iJ'cwember 13, 2007 Page 45 of 116 EXHIBIT "B" LEGAL DESCRIPTION PARCEL #1 (FOliO # 00150600004) THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLliER COUNTY, FLORIDA. AND PARCEL #2 (FOLIO # 00148200005) THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Agenda Item No, 80 November 13, 2007 Page 46 of 116 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF Januarv 11. 2007 1. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2006-AR-9577 DELLA ROSA PAGE VI LLC DAVIDSON ENGINEERING BOYLAN ENVIRONMENTAL CONSULTANTS, INC. II. LOCATION: The subject property, consisting of 15.38 acres, is located on the east side of Livingston Road, approximately 2 miles north of Immokalee Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- (A) Agricultural Vacant S - (A) Agricultural Vacant E- (A) Agricultural Vacant W- (A) Agriculture Livingston Road and undeveloped agricultural land. IV. PROJECT DESCRIPTION: The petitioner is Page VI, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., and they are requesting a PUD Rezone for a residential development to be known as the Della Rosa RPUD. The rezoning request is to rezone from 15.38 acres from A (Agriculture) zoning district to the RPUD (Residential Planned Unit Development) zoning district. The RPUD is proposing a density of 7 units an acre, for a total maximum of 107 residential dwelling units. The subject propeliy, consisting of 15.38 acres, is located on the east side of Livingston Road, approximately 2 miles EAC Meeting Agencia Ilent ~~o. 80 NOIJelllb9r 13, 2007 ~'age 47 8f 1 'i6 Page 2 of9 north of Immokalee Rd, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of (4) four residential units per gross acre and recreation and open space uses. This project is relying on the Residential In-fill provision of the Future Land Use Element for an additional (3) three units per acre to achieve a density of 7 units per acre. Base Density Infill Bonus Lands) Total Eligible Density 4 dula 3 dula (one (I) dula shall be transferred from Sending 7 dula The Residential In-fill provision states: "To encourage residential in-fill in urban areas of existing development outside ofthe Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following critcria are met" a. The project is 20 acrcs or less in size; (The project is 15.38 acres) b. At time of development, the project will be served by ccntral public water and sewer; (Provided for in Section 5.4, C ofthe PUD,) c. The project is compatible with surrounding land uses; (The site is located in the Urban Residential Subdistrict which is identificd as an appropriate location for residential land uses d. The propel1y in question has no common site development plan with adjacent property; (The property has no common site development plan with adjacent property). e. There is no common ownership with any adjacent parcels; (The properties to the north, the cast and south are currently undeveloped and Livingston Road lies to the west of the site. According to the Propc11y Appraiser's records there is no common ownership with any of the adjacent properties,) f. The parcel in question was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989; (A copy of the Collier County Property Appraiser's card was provided showing the property was in existence prior to 1989,) EAC Meeting Aaenda Item No. 80 rJovember 13, 2007 Page 48 of 116 Page 3 of9 g. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands. I) The applicant's Evaluation Criteria Narrative provides that the applicant has obtained the rights to purchase TORs to facilitate the additional requested density. 2) Section III ofthe PUD provides, approval of this PUD authorizes a base density of 4 units per acre for a total of 62 units, For each TOR that is purchased and transferred to this project, an additional two units may be added for a total of 3 units,) 3) The result is that the approved density "floats" between 62 and 107 units, to be determined later in the development approval process. Similarly, the number of TOR Credits required would be deferred to an unspecified time/process, potentially being deferred to the building permit review stage. This is not acceptable. The administrative process for TOR Credit Redemption is not linked to building permit reviews. The petitioner provided for the specified number of TOR credits in the PUD document (15.). However there was no provision made for the redemption of those TOR Credits at the time of subdivision plan approval (for single family lots) and at site development plan approval (for multi-family development). h. Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. (The project proposes to obtain TOR credits.) The applicant is encouraged to implement appropriate Policies under Objective 7 of the FLUE that support smart growth, including walk ability and interconnections with adjoining communities, (The applicant proposes no interconnections to any of the adjacent properties. Pursuant to the applicant's response "The adjacent properties to the North and East are un-zoned and un-developed at this time. Additionally, the amount of uplands on this parcel are limited to the North and West portions of the site and as such would require an extcnsive and lengthy connection to properties to the East and South. Lastly, the property immediately south of the subject property is planned for a Fire Station which does not qualify as an adjoining community." ** Review of the PUD Document and Master Plan: I. Add TOR Credit Redemption details, as described above (g) to Section III ofthe PUD. 2. Add the following underlined language to the Statement of Compliance #6: The Urban Residential District allows for a base density of 4 units per gross acre. Additionally, the residential infill provision contained within the Future Land Use Element allows for a maximum of 3 additional residential dwelling units per gross acre subject to additional requirements, including the requirement to acquire TOR credits for the first of the three bonus units per acre. EAC Meeting Aoenda 11em No. 80 IJovember 13, 2007 Page 49 of 116 Page 4 of9 CONCLUSION Based upon the above analysis, staff cannot determine the proposed rezone is consistent with the FLUE as more information is needed, as noted above; also, the PUD document needs to be revised, as noted above. Conservation & Coastal Manal!ement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards, To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water ( discharge) to the estuarine system. This project is consistent with the objectives of policy 2,2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention area(s), lake(s) and a wetland(s) to provide water quality retention and peak flow attenuation during storm events. The Project as proposed is consistent witb the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons: . Policy 6,1.1 requires a residential development in the non-coastal area equal to or greater than 5 acres and less than 20 acres shall preserve 15% of the onsite native vegetation. The project proposes to preserve the required 15 percent, a total of 2.31 acres. . As required by Policy 6.1.1, the preserve areas will be placed under conservation easements granted to Collier County without responsibility for maintenance. . Uses in the preserves have been defined in the PUD document to be consistent with the passive uses allowed in Policy 6.1.1 without impacting the minimum required native vegetation preservation. . Consistent with Policy 6.1, I, a preserve maintenance plan will be required as part of the SDP/Construction Plan. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. . As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the entire development during construction and will be maintained exotic-free in perpetuity. . Littoral shelf planting areas (LPSA) within wet detention ponds required by Policy 6.1,7 will be required at the time of SDP/Conslruction plan approval. EAC Meeting Agenda Itern r~o. 80 I'Jov'2mber ~13, 2007 Page 50 of 116 Page 5 of9 . The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. . In accordance with Policy 6.2.6, required preservation areas are identified on the site plan. Allowable uses within the preserve areas are included in the preserve agreement that is part of the construction plans. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. In accordance with Policy 7.1.2, a listed species survey was conducted on the property and no listed species were identified In compliance with Policy 7,1.4, this PUD requires that development comply with applicable federal and state agencies regarding species protection, VI. MAJOR ISSUES: Storm water Manal!ement: Section 8.06.03 0.2. of the Collier County Land Development Code states, "The surface water management aspects of any petition that is or will be reviewed and permitted by South Florida Water Management District (SFWMD) are exempt from review by the EAC." The Della Rosa project sits near the east side of the "Imperial Drainage Outlet (EDO) Basin." Mediterra and Tuscany are just north of Della Rosa at the north end of the EDO basin. The flow in the basin goes toward the west into a creek/canal that flows west along the south side of Imperial Golf Estates and the north side of Collier's Reserve (Tract 22), The western end of the creek is called Horse Creek on some early maps. The creek empties into the Cocohatchee River which flows into Wiggins Bay and out Wiggins Pass into the Gulf of Mexico. As per Collier County Ordinance 2001-27, the maximum allowable discharge for the site will be limited to O. I 5 cfs per acre. According to the EIS, the Water Management system will be a combination of dry pretreatment and lake detention areas sized to SFWMD criteria as per code requirements. Also according to the EIS, it appears as though the wet and dry season water table elevations have not yet been finalized with SFWMD, which is nonnal for this stage ofthe review process. The Conceptual Water Management Report assumes a control elevation (WSWT) of 12.0 NGVD. Please remember that the attached LiDAR topography is done to NAVD and that 12.0 NGVD is 10.7 NA VD, so the assumed control elevation (WSWT) looks reasonable. EAC Meeting j:.,asnda !tern r'~o. 80 f'.Tovernher 13. 200? Page 51 of 116 Page 60f9 From the topography, it appears that the flow from this particular area historically continued south to southeast in a sheet flow across other properties. The design for this project will send the flow west through a control structure. Without the control structure to limit the amount of flow, the flow would go into the lake and overflow the lake bank uncontrolled toward the south, Since the wetland appears to have historically received flow from the northwest, this may have some impact on the wetland. It is unavoidable. Environmental: Site Description: The property totals 15.39 acres and includes 3.20 acres of uplands and 12.19 acres of various quality wetlands. The proposed project will impact approximately 9.88 acres of wetlands and preserve approximately 2,31 acres of wetlands. The property is about 79% wetland, The Protected Species Survey indicated no known FWC / FWS listed species inhabiting the site. The listed species which have the highest likelihood of occuning on the propeliy are the listed air plants and the Big Cypress fox squirrel. Runoff from the project will be treated in stonnwater lakes prior to discharging into the wetland. The rate of post-development will not exceed the pre- development rate. All water management designs will be reviewed by SFWMD for compliance with their water quality standards. Wetlands: There are 12.19 acres of jurisdictional wetlands on the property, Wetland lines will be verified by the SFWMD during the ERP review process. Please note that a letter was sent by SFWMD on December 6, 2006 requesting the applicant to reduce wetland impacts that are currently proposed. Please refer to the attached letter Ii'om the SFWMD to the applicant. In regards to preservation, the requirement to reduce wetland impacts will only increase conservation areas and it is not anticipated this will affect the County preserve requirements, Following are a description of the wetland communities identified on the property. 6259E2 Hydric Pine Flatwoods, Disturbed (25-49'Yo Exotics) This wetland community occupies approximately 2.96 acres and is co-dominated by slash pine and melaleuca. Melaleuca coverage averaged about 50 percent. Brazilian pepper is common. Myrsine, cabbage palm, blue maidencane, and swamp fern are also present in the wetland. EAC Meeting Aaenda Item No. 8D r;Jovember 13, 2007 Page 52 of 116 Page 7 of9 6219El Cypress, Disturbed (1-24% Exotics) This wetland community occupies approximately 9.23 acres and is dominated by tall-statured cypress trees with widely scattered red maple and dahoon holly, and melaleuca occurring around the edge. Myrsine and swamp fern are also common in the understory. Brazilian pepper is common with coverage in most areas up to 60 percent. The center of the cypress area was open and contained willow, fire flag, and mikania. Note: these wetland areas have not been verified by SFWMD staff. The SFWMD does not perform jurisdictional detenninations unless the request to do so is accompanied by a permit application. Preservation Requirements: The property contains approximately 15.39 acres of native vegetation; 15 % is required to be preserved in order to meet Collier County preserve requirements. This equates to 2.31 acres needed for preserve. The project proposes to preserve 2.31 acres which meets Collier County requirement. Listed Species: No listed species were identified on the property but it is suspected that some of the listed air plants would be present on the property. An additional wading bird survey was conducted on-site. No wading birds were identified on-site. VII. RECOMMENDATIONS: Environmental and Engineering Staffrecommends approval ofPUDZ-2006-AR- 9577 "Della Rosa RPUD" with the following stipulations, However, Comprehensive Planning staff cannot recommend approval at this time until the issues pertaining to the petitioner purchasing the necessary TOR's is resolved. Storm water Manal.!ement Stipulation: 1. The project is presently being reviewed for an Environmental Resource Permit by the South Florida Water Management District, which exempts this project from stonnwater review by the EAC, so Engineering staff has no recommendations. Environmental Stipulatiou: 1. The project must obtain an environmental Resource Pem1it from the South Fiorida Water Management District prior to issuance of any site plan approvals. EAC Meeting fl.ge"ja I1.SiT l\io. :~.D t\JO\;-::~;Tlber 13 2007 PagE: 53 of 1 ~i6 Page 80f9 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMER ARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MELISSA ZONE, A.!.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Aaenda item No. 8D r'Jovember 13, 2007 F'a,J9 54 of 116 Page 9 of9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. 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"'-"1 -. - "'1- .. f-- -- -- --- -.. -. ....-1- .-......-- -- -- - --..-.....- - -- 1-'- --1"'---- - -- - -,....- [l ----1-, o i: " " . .. - -- I --1- - ,,- f-- ---,.... .1. .. j- ..-1---- .. I" -- [J . o S << .---- --,_... --- -- ... -- ... --- -... -- .. .n... _ _... ... ... __'_ -- -- .... ---- --.... - ---[-- .. -- --- ... -.... -- -- _ ----- .n....__ j!; .. . ....1..... .., .. ~ '" ...... I / ~ - ~ . .- ~ / I '~ e- o .. --- -- ... n_ ---- .-------1"- "'-1----- ....-+- ... -- - -.-..- '- - ---- -- --... -- I. -1-1-- j- r-- n c--.- ....... ... .. -- --f-- - r--' ---. -. -- -. -[- -"'C- - - - ~-I- - . --- /:o.,Clen:::a lteir [\]0. SO i~()Ve:Tiber 13, 2C,iD7 Dr"'"'" DAVIDSON ENGINEERING CIVIL ENGINEERING. PLANNING' LAND DEVElOPMENT SERVICES Della Rosa Trip Generation Report PUDZ-2006-AR-9577 REV: 3 Project: 2006010044 Date: 3/27/07 DUE: 4/24/07 Prepar'ed For Page VI, LLC 333 East Ohio Street, Suite 200 Indianapolis, IN 46204 P,'epa red by Davidson Engineering, Inc. 2154 Trade Center Way Naples, Florida 34109 March 2007 STATEMENT OF CERTIFICATION I certify that this Traffic Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. 1~~1r~4- feffL. Davids~n P.E. No #47(61 Russell A. Johnson P.E. No #39522 James J. Krall, P.E. No #57155 Keisha M. Westbrook, P.E. No #65023 2154 Trad. (enlerWay, Suite #3. Naples, Florida 34109, Phone: 239,597,3916, Fax: 239,597,5195 www.davidsonengineering.com Exhibit 1 .i\aenda Item t",jo. au r~'-'ovember 13. 2007 Dpa.pr'~ t,16 DAVIDSON ENGINEEI~ING & ~..id,i~~r"} .G.~!''iilub.; 1\; ;2007 MopQ"..t, In.:.! ~. , , , ~ ( .1 ;,.:........ '-"'i"'_"'-.,' <1;>2007 Nl'\YtE~ General The Proposed ResidentialjCondominium Units will be built on a combination of five parcels, totaling 15 acres. The parcels arc currently zoncd for non-agricultural use. The project is located on the east side of Livingston Rd between Veterans Memorial Drive and School Access Roads. More generally described as the SW quarter of the NW quarter of the NE quart.er and the W half of the SE quarter of the NW quarter of the NE quarter of Section 13, Township 48 S, Range 25 E, Collier County. Existing Conditions Currently, the property is vacant with no improvements on site. The parcels are currently zoned as non-agricultural. Proposed Improvements The applicant is proposing to construct a combination of five buildings, varying in size, with parking facilities beneath multiple family buildings. There will be a total of 107 residentialj condominium units. The improvements will require the design of parking, potable water, storm water management, and sanitary sewer connections. 2 ,A.cenj3 item hlo. 3D f~'Qvem:]er 'i 3. 2007 rJfSf116 DAVIDSON ENGINEERII--lG Trip Generation Trip generation rates are per the Institute of Transportation Engineers publication, Trip Gene1'Qtion Seventh Edition. The Land Use Category and associated units used for the project are: A) Number of Dwelling Units The total number of dwelling units on the site will be 107. B) Description of development and ITE category for trip generation. The proposed development is a Residential Condominium/Townhouse. The ITE category used for these trip generations is based on the Residential Condominium/ Townhouse (LUC 230). Table 1. Residential Condominium/Townhouse (LUC 230) X = 107 Calculated Traffic Equation Entering Exiting Daily Trafflc = 680 T = 0.85Ln(X) + 2.55 340(50%) 340(50%) AM Peak Hour Trafflc=55 T = 0.82Ln(X)+0.17 10(18%) 45(82%) PM Peak Hour Tra:[fic=75 T = 0.34(X)+38.31 48(64%) 27(36%) .- LEE COUff'( Distribution .-- Bonita Beach Rd 120% I ~! I Site I ~_ __/.. _ _ LE~' -- --V ~ .-- I 20% I J=. ' ) ~'...---' \ 3 AM PEAK EXITING .l\aenda item No. 80 November 13. 2007 D~f116 DAVIDSON ENGINEERING lEE COLNlY \ 1- ~ o Bonita Beach Rd I ~O% I rm: ) LEE COUNT' -- _._._~ 160%11 L:J ~ W r-'d.;I:~1< o;'J;~ 0:: Z o to (') .z 30% ;:; 13 ':J LEE COl.WY AM PEAK ENTERING --+ Bonita Beach Rd I ~O% I -- 20% 2 Site LEE COUNT' ~. 4 PM PEAK ENTERING r'n" ,-,?'dn':::'i8 iism f\!o 80 Nov~)mhc> ~ 3 . ~ "..r i . 2007 DaO~~Q f 116 DAVIDSO E:NGINEE N .R I NG ~ o --- Bonita Beach Rd r;o%l LJ _. L!;E eQUITY _I --- LEE C()ltITy Site . . ~ ,~EE COUNT' ~>I ---- All 5 Distribution and Traffic Study Area Table 2. Impacted Segments Agenda 11em No. 80 r-Jovember 13. 2007 DaOQ7n f116 DAVIDSON ENGINEfRING 10# Segment Service BT TB PT RC LOS Volume 51 Livingston Road IV 3260 1020 156 48 2026 B Imperial to Immokalee . BT= Background Traffic (Existing) . TP= Trip Bank . RC= Remaining Capacity . PT= Project Trips . LOS= Level of Service Turn Lane Analysis The build-out northbound right turn movcment is projected to be 48vph in the PM Peak Hour, which warrants a right turn Jane per the requirements. Based on FDOT regulations, the information provided on the SDP and a speed limit of 45 mph, a right turn lane the length of 185 feet is required. Conclusion Based on the LOS for the impacted segment, the proposed development's additional traffic will have a maximum impact of: 10 # 51: 1.47%. No further analysis is required, because this is less than 3%. 6 r A,genc:a aem No. SO i'JOv;;:~rnbBr ~: 3, 2007 Page 71 of 116 DELLA ROSA Environmental Impact Statement Prepared by: Boylan?;'- Environni~~:!;;-- Consultants'rt1C. Wetland & WJ/dlife Slln'f:y~ronl/leJJ'{/1 Permitting, Impact Afs~ss/J/enJs 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33966 Phone: (239) 418-0671 Pax: (239) 418-0672 March 16,2006; Revised Augusl 23,2006 PlJDZ-2006-AR_9577 PROJECT 112(/06010044 DA TE; 9/29106 MELISSA ZONE REV. 2 Aosn(ja Ilo9m No. SD ~~overnber i 3. 2007 Page 72 of 116 10,02.02 Submittal Requirements/or All Applications A. Environmental impact statements /, Purpose. a. The purpose afthis section is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality aftlre project area and the community and to insure that planning and zoning decisions are made with a complete understanding althe impact o/such decisions upon the environment, to encourage projects and developments that will: i. Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ii. Minimi::e theluture reduction in property values likely to result. or be caused by improperly designed and executed projects and developments. iii. Reduce the necessity jot' expenditure of publicfundr in the future for rehabilitating the environmental quality of areas of environmental sensitivity, b, FUJ'theJ~ it ;s the pwpose of this section to attain the widest range a/beneficial uses of the environment without degradation oj environmental advantages and 1'1~ik to pubUc health, safety, welfare and other undesirahle consequences. c It is also the pwpose of/his sect;on to optimize a balance between population and resouJ'ce use to permh high standards c:fliving and a wide sharing a/resources and amenities among all citizens and residents of and visitors to Collier County during the present andfuture generations. 2. Applicability; environmental impact sta/emen! (EfS) required Without fiJ'st obtaining approval of an EIS, or exemption pursuant to section 10.02.02 A.7.) as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat OJ' unplatted subdivision approval or other county permit OJ' clpprova! of or for development or site al/cration shall be issued to cause the development of or site alteration of a. Any site with a Sf' OJ' ACSC-S'l' overlay. b. All sites seaward of the coastal management boundmy that are 2.5 or more acres, C. All sites landward c:fthe coastal management boundGlJ' that are ten OJ' more acres, d. Sites where a prior F.[,<;;j was prepared and approved/oJ' the same area of land and where the/ollowing exist. i. Greater impacts to preserve areas OJ' changes in location to preserve areas are proposed/ Ii Greater impact::.' tojurisdictionaf H'etlunds or listed ,<,pecies habitats are proposed,' iii. New fisted species have been identified on site; or iv. A previous ElS is more than 5 years old e. Any other development OJ' site alteration which in the opinion qfthe COU!1Iy A1anager or his designee, would hcrve suhstamial impact upon environmental quality and l1Jhich is not specifically exempted in this Code. In de/ermining whether such a project }I-'ould have substantial em-'iromnenlal impact the C01/nty flrfanager or his designee shall base his decision on the terms and conditions de.'J"Cribed in this Code and 0/1 the prqject!s consistency with the growth management plan. .f When required by section ],04.01 a/this Code, plant and animal species sll!'Veys shall be conducted r'egardless of whet he I' an EfS or resubmitted EIS is required by this section. t\g~:mja item r~c:. 3D ~~o'j8rl1ber 13. 2.007 r'age 73 of 116 3, Submission and review ~fElS. A completed EIS, in written and digitolfarmat, shall be submitted to County A1anager or his designee for approval, denial 01' approval with modifications. No development 01' site alteration will be started without this appmval and permits required by Imv, F ailllre to provide filII and complete information shall be gro"nds for denial of the application. The authar(r) of the EIS shall provide evidence, hy academic credentials or experience, of his/her expertise in the area of enviromnental .~ciences or natural resource manaKement. Academic credentials shall be a hachelor~~ or higher degree in one afthe biological sciences. F.xperience shalll'eflect at least three years, two years a/which shall be in the State of Florida, af ecological or biological professional experience ifsubstitutingfor academic credentials. 4. Information required for application. a. Applicant information. i. Responsible person who wrote the EIS and his/her education and job related environmental experience. Christina Stejskal, B.A., Environmental Sciences, 3 years job related experience; ChristinaS(iiJ,BovlanEnv,com, (239) 418-0671. ii. Owncr(s)/agcnt(s) name, address, phone number & e-mail addrcss. Tim Hancock Davidson Engineering, Inc. 2154 Trade Center Way, Ste #3 Naples, FL 34109 Phone 239-597-3916 Fax 239-597-5195 Tim@davidsonengineering.com b. Mapping and support graphics. i. Gcneralloclltion map. See attached Location map. ii. Native habitats and their boundaries identified on an ael'ial pbotograph of the site extending at least 200 feet outside thc parcel boundary. This docs not mean the applicant is rcquired to go on to adjoining propcrtics. Habitat identification consistent with the Florida Dcpartment of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the Connty. Other scale aerials may bc uscd where appropriate for the size of the project, providcd the photograph and overla)'s arc legible at the scale f\;Jenda Item No. 80 t\Jov8lT1ber : 3, 2007 Page 74 of 116 provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. See attachcd FLUCFCS map. Ill. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be llrovided. The topographic map will be includcd with a subsequent submittal. iv. Soils map at scale consistent with that is used for the Flol'ida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. See attached Soils map. v. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. See plans provided by Davidson Enginecring, Inc. vi. Developmcnt plan including phasing program, service a1'ca of cxisting and proposed pnblic facilities, and existing and proposed transportation network in the impact area. The property is immcdiately adjacent to Livingston Road, a roadway operating at Level ofScrvice A currently. The project will dcvelop in a singie phase over a period of two to three years. The site is located within the Collier County water and sewer service area. vii. Site plan showing prcservcs on-site, and how thcy align with presel'Vcs on adjoining and ncighboring properties. Include on the planloeations of proposed and existing developmcnt, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potcntial wildlife corridors. Scc attachcd preserve map and plans provided by Davidson Engineering, Please see the attached Conditional Use Plan for the North Naples Fire Station #48 adjacent to the south of the property. The preserve has been realigned to be contiguous with the Conditional Use Plan. ,!'",],:;;:-lC:c, It9m r'~o. 80 t~O\"~rr:~)er ~ 3, 20G7 ~'2ge 7::; of .; 'i 6 VIII. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not applicable, the project is not within the RLSA or RFMU districts. c. Project description and GMP consistency determination. i. Provide an overall description of the project with respect to environmental and water management issues. The property totals 15.39 acres and ineludes 3.20 acres of uplands and 12.19 acres of various quality wetlands. Thc proposed project will impact approximately 9.88 acres of wetlands and preserve approximately 2.31 acrcs of wetlands. The property is about 79% wetland, in orde1' for any project to be economically feasible; wetland impacts can not bc avoided. The Protected Species Survey indicated no known FWC / FWS listed species inhabiting the site. The listed species which have the highest likelihood of occurring on (he property arc the listed air plants and the Big Cypress fox squirrel. Since the project preserves 2.31 acres of the babitat in which these species could reside, there will be some protection for these species. Runoff from the project will be treated in storm water lakes prior to discharging into the wetland. The rate ofpost.devclopment will not exceed the pre-development rate. All water managcment designs will be reviewed by SFWMD for compliance with their water quality standards. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Goal 6 and Goal 7 of the Conservation and Coastal Management Element of the Growth Management Plan are most applicable. Those objcctives and policie~ are detailed below: GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY OSE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: The County shall protect native vegetative communities through AJenda item t\!o. 80 t~ovemb'3r 13. 2007 Page 76 of 116 the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November I, 2002. Policy 6.1.1: According to the Collier County Future Land Use Map, the parcel is located within the Urban Residential Subdistrict requiring IS percent preservation. The project proposes to preserve the required 15 percent, a total of 2.31 acres. OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable, These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adoptcd by November 1,2002. Policy 6,2.1: The projcct proposes to preserve about 15 percent of the native habitat of the propeliy. Policy 6.2.2: A wetland jurisdictional determination will bc conducted with the SFWMD during the ERP review process. Policy 6.2.3: A wetiand jurisdictional determination will be conducted with the SFWMD during the ERP review process. Policy 6.2.7: A wctland jurisdictional determination will be conducted with the SFWMD during the ERP review process. GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND W1LDLIFE. OBJECTlVE 7.1 The County shall direct incompatible land uses away from listcd animal species and their habitats. These policies shall apply to all of Collier County except for thc Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 7.1.1: No listed species were identified on-site. ?:JenCE; Item !'00. 8D r,Tovernber 13. 20U7 F'age 77 of 115 Policy 7.1.2: A protected species survey was conducted on the property October 2, 2005, A copy of the survey is included in this ms. The Protected Spccies Survey indicated no known FWC / FWS listed species inhabiting the sitc. Policy 7,1.4: A protected species survey was conducted on the propelty October 2, 2005. A copy of the survey is included in this EIS. The Protccted Species Survey indicated no known FWC / FWS listed species inhabiting the site. The Big Cypress fox squirrel has the highest likelihood of occurring on the property; conscquently, 2.31 acres of cypress wetland will be preserved. An additional survey for wading birds was conducted. The report is included with this blS. No wading birds were identified on-site. d, Native vegetation preservation. i. Identify the aCl'eage and community type of allnpland and wethllld habitats found on the project site, according to the Florida Land Vse Covcr and Forms Classification System (J<'LVCFCS). Providc a description of each of thc FLVCFCS categories idcntified on-sitc by vegetation type (species), vegetation composition (canopy, midstolJ' and ground covel') and vegetation dominance (dominant, common and occasional), 4119E1 Pine Flatwoods, Disturbed (1-24% Exotics) This upland community occupics approximateiy 1.89 acres and is dominatcd by slash pine in the overstory with scattered melaleuca. The understory is composed of a dense understory of saw palmetto, with scatcred rusty lyonia, l1razilian pcpper and cabbage palm. There is very little herbaceous vegetation due to the shading caused by the saw paimctto. 4119E2 Pine Flatwoods, Disturbed (25-49% Exotics) This upland community occupies approximately 1.31 acres and is dominatcd by slash pine und mela1cuca. The understory is composed of saw palmctto and Brazilian pepper. 6259E2 Hydl"ic Pinc Flatwoods, Disturbed (25-49% Exotics) This wetland community occupies approximately 2.96 acres ancl is co-dominated by slash pine and melaleuca. Melaleuca coverage Agenja iIen~1 ~-JC. 8D t~overnber 13. 2007 P3ge 78 ofl16 averaged about 50 perccnt. Brazilian pepper is common. Myrsine, cabbage palm, blue maidcncane, and swamp fern are also present in the wetland. 6219El Cypress, Disturbed (1-24% Exotics) This wctland community occupies approximately 9.23 acres and is dominated by tall-statured cypress trees with widely scattered red maple and dahoon holly, and melaleuca OCCUlTing around the edge. Myrsine and swamp fern are also common in the undcrstory. Brazilian peppel' is common with coverage in most arcas up to 60 percent. The center of the cypress area was open and containcd willow, fire flag, and mikania. ii. Explain how the project mccts or cxcecds the native vcgctation prcscrvntion requirement in Goal 6 of the Conservation amI Constal Manngement E1emcnt of thc Growth Management Plan, and Chapters 4 and 10 of thc Land Dcvelopment Code. Provide an exhibit illustrating such. Includc calculations identifying the acrcagc for preservation and impact, pcr FLUCFCS category. See attached Wetiand Prcserve/Impact map. The propelty contains approximately 15.39 acres ofnativc vegetation; 15 % is required to be preservcd in order to meet Collicr County preserve requiremcnts. This equates to 2.31 acrcs nccded for preserve. The project proposes to prcserve 2.31 acres which meets Collier County requirement. ----- FLUCFCS Upland Wetland Preserved Impacted -- Ac,'eaue ACI'ea2e .- m_ 4119EI 1.89 - 0.0 1.89 41t9E2 - 1.31 - 0,0 1.31 6259H2 - 2.96 0,0 2,96 9,23 - -. 6219El - 2.31 (',92 - TOTAL: 3.2<! 12.19 2.31 13.08 15.39 ac, · 0.15 = 2.31 acres rcquired native preserve. \II. For sitcs already c1earcd and in agricultural use , provide documcntation that the pal'cel (s) are in compliance with the 25 year rezonc limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Managcment Plan and Chapters 4 aud 10 of the Laud Dcvelopmcnt Codc. For sites cleared prior to January 2003, providc documentation that the parcel (s) are in compliance with the 10 year I'czone limitation pl'eviously identificd in the Growth Management Plan and Laud Dcvelopment Code. Aaen:::2 !lem f'Jo 8D r'Joveinner Ai 3. 2'007 F'age 79 of ri 6 Not applicable, no portion oflhe property has been cleared. iv. Have prescrvcs ur acreage requiremcnts for preservation pl'Cviously been identified for the site during prcvious dcvelopment order approvals? If so, identify the 10Clltion and aercage of these preserves, and provide an explanation if they arc different from what is prop used. There have been no previous deveiopment order approvals on this property. v. For properties with Special Tl'eatment "ST" overlays, show the ST overlay on the development plan and provided an cxplanation as to why these areas arc being impacted or preserved. The planned preservation area on the site includes as much of the ST area as possibie. Impacts to ST areas are required to create a feasible project on the site and the associated water management areas. Please see Site Plan with ST Overlay provided by Davidson Engineering, inc. e. Wetlands. i. Define the number of acres of Collier County jUI'isdictional wetlands (pursnant to Policy 6.2.1 llOd 6.2.2 of the Conservation and Coastal Managcment Element of the Growth Management Plan) according to the Flul'ida Land Use Cover and l,'orms Classification System (FLUCFCS). Include a description of each of the FLUCFCS eategol'ies identified on- site by vegetation type (species), vegetation composition (canopy, midstory and ground covel') and vegetation dominance (dominant, common and ocellsional). Wetland determinlltions are I'equired to be verified by the South Florida Water Manllgemcnt District or Florida Department of EnviJoonmental Protection, prior to submission tu thc County. There arc 12.19 acres of jurisdictional wetlands on the propClty. Wetland lines will be verified by the SFWMD during the ERP review process, Following are a description ofthese communities identified on the property. Wetlands 6259E2 Hydric Pine Flatwoods, Disturbed (25-49% Exotics) Agenda I:ern f'Jo. 8D r'~ov9rnber 13. 2007 Page 80 of 116 This wetland community occupics approximately 2.96 acrcs and is co-dominated by slash pine and mclaleuca. Melaleuca covcrage averaged about 50 percent. Brazilian pepper is common. Myrsinc, cabbage palm, blue maideneane, and swamp fern are also present in the wetland, 6219El Cypress, Disturbed (1-24% Exotics) This wetland community occupies approximately 9.23 acres and is dominated by tall-statured cypress trees with widely scattered red maple and dahoon holly, and melaleuea occurring around the edge, Myrsine and swamp fern are also common in the understory. Brazilian pepper is common with coverage in most areas up to 60 percent. The center of the cypress area was open and contained willow, fire flag, and mikania. Note: these wetland areas have not bccn verified by SFWMD staff. The SFWMD does not perform jurisdictional detelTI1inations unless the reqnest to do so is accompanied by a permit application. ii. Detcrmine seasonal and historic high watcr Icvcls utilizing lichcn lines or other biological indicators. Indicatc how the projcct dcsign improves/affects prcdevelopment hydropcriods. Providc a narl'lltive addl'essing thc anticipated control elevation(s) for the site. Scasonal high water marks havc been determined in the field via biological indicators. Topography is currently being taken to identify the drainage flow patterns. The final project design along with the control elevation will be determined during the SFWMD permitting process. The wetland preserve wili bc outside of the stormwater system boundary. Historical water levels and flows were impacted by the developmcnt of 1-75 and further affected by the development of Livingston Road. The LIDAR map indicates that the wetland appears to be isolated. Currently, there is no indication that project development would affect predcvelopment hydropcriods. Ill. Indicate the proposed pcrccnt of defined wctlands to be impacted and the effects of proposcd impacts on the functions of these wctlands. Provide an exhibit showing the location of wetlands to be impacted and those to be prcscrved on-sitc. Describe how impacts to wetlands have becn minimized. See attached Impact/Preserve map. There will be some impact to wetland functions. Impacts to hydrology will be limited to the _~'lenda item ~~o. 80 IJovernber i 3. 2007 Page 81 of 116 greatest extent possible through coordination with the SFWMD. Wetland impacts have been limited by utilization of upland habitats to the greatest extent possible. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in thc RFMU district, provide an assessment, based on the South Florida Water Management District's Unifol'ln Mitigation Asscssmcnt Method, that has been accepted by either the South Florida Water Managemcnt District or the Florida Department of Environmental Protcction. For sites outside the RI<'MU district, and where higher quality wetlands arc bcing retained on-site, provide justification based on the Uniform Mitigation Asscssmcnt Mcthod. Wetland mitigation bank crcdits will be purchased to compensate for wetland impacts. Final UMAM scores will be determined during the SFWMD ERP review process. Preliminary UMAM scores are included with this submittal, along with a Mitigation Analysis, No net loss of wetland function is anticipated. To compensate for impacts to 9.88 acres of wetlands, 2.31 acres of wetland will be preserved and cnhanccd on-site. In addition, 6.0 credits will be purchased at an off-sitc mitigation bank. f. Surface and ground water management. i. Pl'oville 1\11 ovemll description of the proposed water management systcm explaining how it works, the basis of design, historical drainagc flows, off-site flows coming into the system and how they will be incorporated in the system or passed around the system, positive ontfall availability, Wet Scason \Vatcr Table and HI')' Season Water Tablc, and how they wel'e dctcrmined, and any other pertinent information pertaining to the control of storm and ground water. The water management ~ystem will be a combination of dry pre- treatment and lake detention areas that will hc designcd to South Florida Water Management criteria, Survey information e~tahlishing the wet scason and dry season water table is forthcoming and will be provided in the next submittal after review by the SFWMD staff. ii. Provide an analysis of potcntial water qnality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the Agenda item No_ 80 Novsmber 13. 2007 Page 82 of 116 proposed land nses and stormwater management controls) compared with water quality loadings of the project arca as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies appl"Ovcd by Fcderal and State water quality agencies. This project will be permitted by the South Florida Water Management District for water quality and quantity as well as impacts to wetlands. Current District guidelines with regard to pre-treatment of storm water and applicable discharge rates will be met. The development will be fairly low intensity with regard to site impacts due to the mid-rise nature of the building and under building parking which wil1reduce the footprint of each building and its associated impacts. Please see the attached Pre versus Post Analysis provided by Davidson Engineering, Inc. Ill. Identify any Wellfield Risk Management Special n'eatmcnt Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land nses within the most sensitive WRM-STs. No WRM overlays are within the property boundary and the ST areas within the project has been addressed. g. Listed species. 1. Provide a plant and animal species snrvey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordancc with the guidelines of the Florida Fish and Wildlife Conservation Commissionllnd the U.S. Fish and Wildlife Service. State actnal survey time and dates, and providc a map showing the location(s) of species of special statns idcntified on- site. See attached protected species survey. No listed species were identified on the property but it is suspected that some of the listed air plants would be present on the propelty. An additional wading bird survey was conducted on-site. No wading birds were identified on-site. See attached report included with this EIS. ii. Identify all listed speci~s thllt are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. !\;;'3nCa It9m f'~o. tiO i<::y,H::::Tlber 13, 2007 Page 33 of 1:6 The listed species which have the highest likelihood of occurring on the property are the listed air plant and the Big Cyprcss fox squirrel. Since the project preserves 2.31 acres of the habitat in which these species could rcside, there will be some protection for these species. Ill. Indicate how the project dcsign minimizes impacts to spccies of special status. Since the anticipated listcd species are those that typically occur in wetlands, the 2.31 acrcs of wetland preserve should afford some protection ofthese species. iv. Provide habitat management plans for each of the listed specics known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald cagle management plans are requh'ed, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Since no listcd spccics were identified on the property, no management plan is ncccssary. v. Where applicablc, include correspondence received from the Florida Fish and Wildlifc Consel'Vation Commission (FFWCC) and the U.S. Fish and Wildlife Scrvicc (USFWS), with regards to thc project. Explain how the concerns of these agencies have been met. No corrcspondence has becnreceivcd to date. Coordination with these agcncies will likely occur during the pcrmitting process. h. Other. i. For multi-slip docking facilities with ten slips or morc, and for all marina facilities, show how the project is consistent with thc marina siting and other criteria in the Manatee Protection Plan. ii. I nclnde the results of any cnvironmental assessments and/or audits of the property. If applicable, Pl'ovide a narrative of thc cost and measures needed to clean up the site. Not applicable, there are no docking facilities. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a nal'l'ative of the cost and measures needed to clean up the site. Aaenda Item No. 80 ~~.ovember 13. 2007 Page 84 of 116 A protected species survey is attached. Ill. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how thc project is consistent with the development standards and regulations established for the ACSC-ST. This project is not located within the ACSC. iv. Soil sampling or ground watcr monitoring rcports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for bclicving that there has been previous contamination on site. The amonnt of sampling and testing shall be determined by the Environmcntal Services staff along with the Pollution Control Department and the Florida Department of Rnvironmental Protection. Not applicable. Thcrc has never been farming or golf course operations on the parcel. Thcrc is no cvidence of past contamination. v. Provide documentation from the Florida Mastcr Sitc Filc, Florida Departmcnt of State and any printed historic archaeological survcys that have been condncted on the projcct area. Locate any known historic 01' archaeological sites and their relationships to thc proposed project design. Demonstrate how the project design preserves the historic/archacological intcgrit)' of thc site. See attached results from the Master Site File search, which indicates that there are no previously record cd cultural resources on the property. No historic,ll surveys have becn conducted on the property. 5. Additional data. The County Manager or his designee may reqnire additional data or information necessal'y in order to make a thorough and complete cvaluation of the EIS and project. 6. Relation between EIS and development of regional impact (DIU). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includcs all the required information on both the EIS and DIU. ,L'J:1:::nja '[sm i'~o. 80 t,Jovsrnber 13_ 2007 Page 3E- of 1 'i6 Della Rosa Environmental Impact Statement Attachments 1. Location Map 2. FLUCFCS Map with Aerial 3. Soils Map 4. Master Concept Plan provided by Davidson Engineering, Inc. 5. Preserve Map 6. Wetland Impact Map 7. Conditional Use Plan for Adjacent Property 8. Protected Spccies Survey 9. Wading Bird Survey 10. Master Concept Plan with ST Overlay provided by Davidson Engineering, Ine, 11. L1DAR Map 12. Mitigation Calculations and UMAM worksheets 13. Pre versus Post Analysis provided by Davidson Enginccring, Inc. 14. Historical Lctter -~ ,/"- F ~ ~ ~ ~ ~ \ )\'- "::J- ./~::::~ ~ (;\, - . ,,,,,,,m ~",""rn'''. ~ <:; .... 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" ,L\'::)~nca Itern j\Jo. 80 ~Jovemb8r 13. 2007 Page 93 of 116 DELLA ROSA Environmental Assessment and Protected Species Survey Boylan -~ Environmen taL-.. Consul tantS"))lC. Wetland & Wild/fie Slww:y.'!;;j;w.1"nJlllllental Pe/'mitling, Impact 6sessmel/lS 11000 Metro Parkw"l', Suite 4 FOlt Myel's, Florida, 33912 Phone: (239)418-0671 Fax: (239)4t8-0672 March 16, 2006 P.,genda item 1\10. SO t~ovember -; 3.2007 PagE) ~14 of 116 INTRODUCTION Two environmental scientists from Boylan Environmental Consultants, Jnc conducted a field investigation on the 14.99 acre propeliy on October 2,2005. The purpose of the field investigation was to identify the presence of protected species and habitat, as well as to approximately locale any sensitive lands such as wetlands. The surveys were conducted between the hours of 9:00 a.m, and 12:00 p.m. TIle site is located in portions of Section] 3, Township 48 South, Range 25 East, in Collier County, Florida. Specifically, it i~ sitnated some distance north of Imlllokalee Road just east of Livingston Road. SURVEY MF,TlIODOLOGY The property was surveyed for the presence of listed species via overlapping belt tran~ects. This method is comprised of a several stcp process. First, vcgctation communities or land-uses on the property or study arca are delineated on an acrial photograph based on nomenclature of the Florida Land Use, Cover and FOlms Classification System (FLUCFCS). Next, thc FLUCFCS codes or land-use types found on the property are cross-refcrenced with State and Federally listed species that can be found in Collier County. The list of protected spccies was derived from several sources, the Official List of Endangered and Potcntially Endangered Fauna and Flora in Florida (Florida Natural Areas fnventory FNAI; 1995), Florida's Endangered, Threatened and Species of Special Concern (Florida Fish and Wildlife Conservation Conunission (2004) and the Endangered and Threatened Species of the Southcastern United States (US Fish and Wildlife Service). Then, each community is searched in the field for the species which have the potential to occur in that particular FLUCCS type. An intensive pedestrian slll'vey is conducted using belt transects as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings ofthese species are then recorded and marked in the ficld with flagging tape. Thc table at end of this repOli lists the FLUCFCS conllilUluties found on the property ~Uld the corresponding species that have the potential of occurring in thcm. Pmiicular attention was placed upon locating potential fox squirrel nests, and eagle's nests within the forested portions of the propcrty, In regards lo wetlands, the U.S. Army Corps of Engineers (ACOE) and the South F)oridll Water Manllgement District (SFWMD) are the regulatory agencies that regulate development activities in wetlands. Specifically, thc ACOEuses the Corps of Engineers Wetlands Delineation MmlUal (Enviromnental Laboratory 1987) and SFWMD uses the Florida Wetlands Delincation Manual (1995) in determining the presence of wetland. In general, to be considered wetland by the ACOE or the SFWMD, the area should exhibit wetland hydrology, wetland vegetation, and hydric soils. Because hydric soil, wetland hydrology, and wetland vegetation are needed for an area to be considered as wetland, we searched the property for indicators of these parameters. SITE CONDITIONS The temperature was in the low 80's with sunny skies during the field invcstigation. The site was undeveloped, TIle site is bordered on the nOlth, east and south by undeveloped forestland. The west side ofthe property was bounded by Livingston Road. The properly did contain about 11.81 acres of wetlands. 2 J<:JS:l:a i:8nl 1''<10. 3D 1.Jo\/~~:T:b2r 13. 2007 Poge 95 of i 16 Listed below are the vegetation communities or land-uses identified on the site as shown on the attached protected species survey map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1999) for definitions. 411El Pine Flatwood (approximately 1.89 acres) This upland community was dominated by slash piue in the overstory with scattered melaleuca. The understoty was composed of a dense understory of saw palmetto, with scatered rusty Iyonia, Brazilian pepper and cabbage palm. There was very little herbaceous vegetation due to the shading caused by the saw palmetto. Exotics comprised a minor amount of this area. 411E2 Melaleuca invaded Pine Flatwoods (al)proximately 1.31 acres) This upland community was dominated by slash pine and melaleuca, The understory was composed of scattered clumps of saw palmetto, with Brazilian pepper, and swamp fern in the understory. 625E2 Melaleuca Invaded Pine {i'latwoods Wetland (approximately 2.96 acres) This wetland community was co-dominated by slash pine and melaleuca, Melaleuca cover ranged from 25 to 50 percent. Brazilian pcpper was common. Myrsine, cabbage palm, blue maidcncane, and swamp rem were also present in thc wetland. 621E1 Cypress (approximately 9.23 acres) TI1is wetland conullunity was dominated by tall-staturcd cypress trees with widely scattered rcd maple and dahoon holly. Myrsine and swamp fcrn wcre also common in tlle understory. Brazilian pepper was common with coverage in most areas up to 50 percent. The center of the cypress area was open and contained willow, fireflag, and n1ikania. SPECIES PRESENCE During our field survey for protected species on the propClty, we did not observe any protected species or signs thereof. No nest-like structures or tree cavities were noted. No tortoise burrows were identified. A lmge proportion of the property was wetland, the most of which was forested. The cypress area had a small area of open marsh in which it would be likely that wading birds would forage. No nests of wading birds were identified, No listed air plants were noted, but their presence is possible. The Bartram's ail' plant "TiIlul1dsia hu/'tramii," a non-listed airplant was identified on the propert.y. Big Cypress fox squirrels have a potential to occur on the property, but no nests were identified. Based on a review of the Plorida fish and Wildlife Conservation Commission's website data base of bald eagle nest sites, the nearest doeumentcd cagle nests was situated 3.5 west southwest of the project site. The various listed species that may occur in the vegetation communities or land-use typcs found on the property have been tabulated on the attached table, 3 Aaenda i'Lerr, ~~o. 80 rJov~nrlber 1 T 2007 Pa:J8 96 of 116 Table 1. Protected species having the potential to occur in the corresponding rLUCFCS community or land-types with corresponding field survey results. FLUCCS Potential Listed Species % Prescn t Absent Density Visibility - Cove,'aoe (f!) 411 Reautlful Pawpaw 100 X 20 Bia CV'lfess Fox Sauirrel --. 100 X 20 - Eastern Indigo Snake 100 X 20 Fakahatchee Burmannia 100 X 20 .-- ------.. .-_.-. ~.,. Florida Black Bear 100 X 20 Florida Coontie 100 X 20 Florida Panther 100 X 20 GOIl1,,;;: Fro. --~-~ --. 100 X 20 Gopher Tortoise 100 X 20 -.... -~------ Red-Cockadcd Woodpecker__ 100 X 20 --"~> ~ --"-..--- Satinlcaf 100 X 20 Southeastern American KestTel JOO X 20 Twisted Air Plant 100 I X 20 -----. ,-.-- .. 424 None 80 ,,-_.. .. X 20 619 None 80 X 621 American Alligator 90 X 20 Eve;:;;]ades Mink 90 X 20 '''",---''--~--- - Florida I3lack Bcar 90 X 20 Florida Panther 90 X 20 Gopher Frog 90 X I 20 Limnkin 90 X 30 ---.----.... --- Little ilI"e IIeron 90 X 20 Sn"-wYF:.b'l'.et _ 90 X 20 Tricolored Heron _2~ -...- . X 20 .. - -- Wood Stork 90 X 20 625 Beautiful Pav"naw ]00 X 20 1iJ; C~~1re" Fox Sqnirrel ]00 X 20 -. Eastern Indipo Snake ]00 X 20 Fakahatchee Burmannia ]00 X 20 . ""Iorlda Black Rcar ]00 X .. 20 ---.------ ----- -- ----- Florida Coon tie ]00 X 20 Florida Panther ----- ]00 X 20 Gopher Frog ]00 X 20 Gonher Tortoise . . -- ]00 X 20 Red-Cockaded Woodoecker 100 X 20 Satinlcaf 100 X 20 Southeastern American Kestrel .--- -.. .-...._. ]00 X 20 Twisted Air Plant 100 X 20 4 ,6,],:;:!cja IIS'ITi !';o. 3D tJovsiT:r.,er --:::3 2007 P8'J9 ~,7 or I! 6 DELLA ROSA 14.99::1:: Acres Seetion 13; Township 48S; Range 2SE Collier County, Florida Wading Bird Survey Boylan ~. _,_. Environmenta~: Consultants, Inc. Well~nd & Wiltllif<: Surveys, Environ &. Impac! ^~~'.:s~mclll 1] 000 Metro Parkway, Suite 4 Fort Myers, Florida, 33966 Phone:(239) 418-0671 Pax:(239) 418-0672 August 1,2006 Agenda Item No. 8D r.-.jovember i 3. 2007 Page 98 of 116 Della Rosa Wading Bird Survey INTRODUCTION An enviromnental scientist from Boylan Environmental Consultants, Inc conducted a fidd investigation on the ]4.99:10 acre propelty. The purpose of the ficld investigation was to identify the potential of listed (endangered, threatened, ete,) wading bird species inhabiting the site that are regulated by the US Fish & Wildlife Service (fWS) and the Florida Fish & Wildlife Conservation Commission (FWC), The site is locatcd in pOltions of Section 13, Township 48 South, Range 25 East, in Collier County, Florida. Specifically, it is situated east of Livingston Road and north of Immokalce Road. Please see attached Location Map. METHODOLOGY The survey area included all wetlands and transitional areas. These areas were surveyed for wading birds for three dawn and two dusk surveys at each wetland area. Specific methodology included pedestrian transects through potentia! habitat with periodic stop-look-listen stalking metllOds. Binoculars were utilized to assist in the survey. Each wetland and transitional area was surveyed beginning at the times listed below SURVEY DATE AND WEATHER CONDITIONS Survcy Dlltc SUI'vey Time 7: IS_pm 6:45 am 7:15 m 6:45 am 6:45am Wcathcr Conditions Jul 31,2006 Au ust 1, 2006 August 1, ?206 August 2, 2006 August 3, 2006 Clear with Ii ht winds and temperatures in the u) )er SO's Partly cloud !ittle to no .\Vind and tem eratures in the up cr 70's. Clear with little wind andtem eratures in the low 90's. Part! cloudy with little wind and temperatures in the low 80' s. Partl cloud' witl~little wind and temperatmcs in the low 80's. V cgctation The following vegetation conmulllities were identified on-site utilizing, the Florida Land Use Cover and FOffilS Classification System (FLUCFCS). See Florida Land Use, Covel' and Forms Classification System (Department of Transporlation 1999) for definitions. FLUCFCS CODES/Description 411El Pinc Flatwood (llpproximatcly 1.89 acrcs) This upland community was dominated by slash pine in the overstory with scaliered melaleuca. The sub-canopy is composed of a dense understory of saw palmetto, with scatered rusty lyonia, Brazilian pepper and cabbage palm. There is very little herbaceous vegetation due to the shading caused by the saw palmetto. Exotics comprised a minor amount of this area. 411E2 MclalclIca invaded Pinc Flatwoods (approximatcly 1.31llcrcs) This upland conmmnity was dominated by slash pine and melaleuca. The understory is composed of scattered clumps of saw palmetto, with Brazilian pepper, and swamp fern. 625E2 Mclaleuca Invadcd Pine Flatwoods Wetland (approximately 2.96 ac.'cs) Page 2 of3 Aos:vja :tem f'~o. SO iTovember '13. 2007 DelhfR6i?aof 116 Wading Bird Survey This wetland community was co-dominatcd by slash pine and melaleuca, Melaleuca cover ranged from 25 to 50 pcrccnt. Brazilian pepper was common. Myrsine, cabbage palm, blue maidencane, and swamp fern were also present in the wetland. 621El Cypress (approximately 9.23 aCI'es) This wetland community was dominated by tall-staturcd cypress trees with widely scattercd red maple and dahoon holiy, and melaleuca OCCUlTing around the edge. Myrsine and swamp fern were also common in the understory. Brazilian peppcr was common with coverage in most areas up to 50 percent. The center of the cypress area was open and contained willow, lireflag, and mikania. DISCUSSION During the survey for wading birds, no listcd specics were observed on-sileo TIle absence of wading birds observed during the survey is likely due to the dense understory vegetation. Brazilian pepper comprised a majority of the understory with few open arcas appropriate for foraging habitat. Common bird species were heard or observed on-sitc and included boattailed grackle, nOlthern cardinal, mOll\'ning dove, downy woodpcckcr, common grackle, and red-bellicd woodpecker. White ibis were observed flying overhcad, and a single juvenile little bluc heron was obselved east of the property along thc powerline easemenl. Page 3 oD Dr--W =o~ ,~ L _a .') ~~::> ~~o .....;:: Q)"'- - _,,cD ro-::;: ;2 ~ t1j' _>CL Q) 0 00.,.. <(- --z_~:~ ~.I .. ... ~ j I " I I hi I;; ~""':5"" I 0::: I I il ~I ~ ~I ; ~I ~ 'II I I L ~ ~ ri ~ l ~ ~ ~ t 'l:; ~ ~ ~ ~ ~H .' ~ ::& . H:t c:j ~d' - " ' . .' ~' ,- ~ ~ ~ .~ >1 t I Ii ~ f, ~ , ~ ~ -- . ~ ~ . .1 . Si Iii i I, u' .. ~g :fPL! u. ~~~I ~.h ;. =nJ =1 I:t"~ ... !: II " ~ il"l lHl ~ ;V ,d ;1.:111" . ~ ~~ '5~ :l~~ ~:;~:?: :;J>UJ..!d" u G1.2" 8. ~" . .0 _ !] M M M ~ r 01'-:;:1 ","'- :;0- ,,0-1,,- Z .0 n c-~ Q)'-- _CJ -.;::.cD m::::Jl ~Q;~ as > cr;~ < d~~~~~~:~~;' 1 jl:~~~~"~f':~~~ ! ~ l.m~[IUUUlllm -i::- "'-~ 1 I I \ , , Aoenda item r'~o. 8D November ~13^ 2007 Page 102 of 116 Della Rosa Mitigation Calculations Boylan -;I" Envirorun'~~1-- Consultants, 'U1C. Wetlal1d & WIJdlifc Surl'eY~hmllle.ntaf Permitting, Impact k~ssments 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33966 Phone: (239) 418-0671 Fax: (239) 418-0672 August 7, 2006 iit.::rTI i-~o. SO i 3. 2007 F'3;J8 103 of 1 i6 Mitil!ation Calculations Unifo\'m Mitigation Assessment Method (UMAM): Direct Impact Area: ASSRSMENT !i'UNCTlONAL AREA FLUCFCS ACREAGE A LOSS ID 1 6219El 6.92* ae 0.63 4.36 2 6259E2 2.96* ae 0.63 1.86 Total: 9.88* ae 6.22 --------- --_._~----- Mitigation Area: RELATIVE FUNCTIONAL GAiN - .--~---~-- 6219El 2.31* ae 0.10 0,23 Totals: 2.3H ae:~.Q:io.~1 0.23 *In applying the UMAM to projects whDre muhiplc mitigation sites are proposed to offset wetland impacts it is necessary to lIlultiply functional gain by FlUCFCS acreage. ASSESMENT AREA FLUCFCS ACREAGE FUNCTIONAL GAIN' 1 Total Functional Loss: 6.22 Total Functional Gain: 0.23 A total of 6.0 credits will be purchased at a mitigation bank in the projects' service area. NOTE; See aUaehed UMAM worksheets for relative functional gain and functional loss calculations. Aaenda item I~o. 80 ~rovember 13. 2007 Page 104 of 116 MITIGATION DISCUSSION As compensation for the 9.88 acrcs of direct impacts to wetlands; 2.31 acres of wetlands will be preserved and enhanced through the removal of exotics. In addition, 6.00 credits will be purchased from a mitigation bank in order to fulfill mitigation requirements. Assumptions utilized for determining functional gain of wetland enhancement. Exotics and nuisance plants wHl be removed ii'om the wetland preserve via hand removal methods. A scheduled maintemmce program wHl be established to maintain the site free of exotic and nuisance vegetation per the Florida Exotic Pest Plant Council. At no time shall, exotic and nuisance vegetation constitute more than 5 percent of the total vegetative cover between inspections. A:::sn':Ja item No. 80 ~\J~ove;T:ber 13 2007 Page 105 of 116 PART II - Quantification of Assessment Area (impact or mitigation) (Soo Soctions 62-345.500 and .600 F.A.C.) Site/Profecl Name ApplicaUon Number Assessment Area Name or Number Della Rosa Collier Cuunty EIS: 9577 1 (6219 El) Impact or Mitigation Assessment conducted by: Assessment date: Mitigation Christina Stejskal July 28, 2006 Scoring Guidance The scoring of each Indicator is Dased 011 what would be suitable for the lype of wetlflind or surface water al:isessed o timal 10 Moderate 7 Minimal 4 Not Prosent 01 Condltlon is las!> than Condition Is optimal and Wily optimal, but sufficient 10 Minimal level of support of Condilion is insufficient to supports wetland/surface maintain most watland/surface water provide wetland/surface waier functions wetland/surface functions wator functions water functions ,50G(6)(a) Location and Landscape Support w/o pres or current with Cunent: 6, 5, 7, 7, 7, 7,5 (, I 15 With: 4,7,4,4, 5,4,4, .500(G)(b) Water Environment (n/a for uplands) w/o pres or current with Current: 6, 7,7,7,8,5,6 7 1 19 With: 7,8,9,9,9,9,9 .500 (6) (c) Community slmcluI<~ 1 Vegetation and/or 2. Benthic Commtmily w/o pres or current with Current: 6, 5,6,7,5,7,6,7 6 ] b With: 9, 9, 9, 8, 8, 9. 9, 8 ScorE! = sum of above scores/3D (il upl"nds. dlvi:lt.'b)' 20) current orw/o res If prcsorvallol1 as mitigation, For Impact assessnmnt areas with Preservation adjustment facto.:;; n/a Adjusted mitigation delta = n/a Fl = delta x acres = n/a 0.63 0.77 Delta = [with-curront) lfmllloation Time lag (I-factor) = 1.07 Rfsk factor = 1.25 For mitigation assessment areas RFG = dellaf(t-factor x risk) :: 0.77-0.63~ 0,14 0.14/(1 ,07x] .25)=0.IOx2.31 =0.23 Form 62-345.900(2), FAG, {effective date 02-04-2004] A;Jenoa Item f\JO. 8D r;;ovember 13. 2007 Page 1G6 of 116 PART II . Quantification of Assessment Area (impact or mitigation) (See Sections 62.345.500 and .600 F.A.C.I SitefProJecl Name Application Num ber Assessment Area Name or Number Della Rosa Collie,. County EIS: 9577 1 (6219 El) Impact or Mitigation Assessment conducted by: Assessment data-: Impact Christina Stejskal July 28, 2006 Scorina Guidance The scoring of each Indicator Is based on what would be suitable for the type of wetland or surfaca water assessed OnUmal110 Modcmte 7 Mtnlmal14\ Not Presant 0\ Condition is leM lhfln Condition is optimal and fully optimal, but sufficip.nt to Minimal level of support of Condition Is InsuFrlcicnt to supports wetland/surface maintain mosl weiland/surface water provide wetlandfsurface water funcHons wetlandfsurface functions waler funcflons water functions _500(6)(a) LocatlOtl afld landscape Support wlo pres or current with 6 -I I Current: 6, 5, 7, 7l 7, 7, 5 .500(6)(b) Water ErlVironment (nfa for uplands) wfo pres or current with 7 I I Current: 6 7 7 7,8, 5, 6 .600 (6) {c) Community structure 1_ Vegetatlon and/or 2. Benthic Community wlo pres or current with 6 I I Current: 6, 5, 6, 7, 5, 7, 6, 7 Score'" sum of above scareafSQ (if uplands, divide hy 20) current orwfo reI> If preservation as mitigation, For Impact assessment areas with ProsGrvation adjustment factor = nJa' Adjusted mitigation della ,. n/a 0.63 Fl = delta x acres ~ 0,63 X 6.92~ 4.36 Delta = [w{th-currenfl If miliQation Time lag (I-factor} = n/a Risk factor = n1a For mitigation assessment areas 0.63 RFG = deltaf(t-fBctor}( risk) = nJa Form 62-345.90G(2), FAC. [effective date 02-04-20D4) :1:;m-, r'~o. 3D 13 2007 ?age ~I07 of 116 PART II . Quantification 01 Assessment Area (impact or mitlgatlonl {See Seclions 62.345.500 and .600 F.A.C.) Site/Project Name Application Number Assessmont Area Name or Number Della Rosa Collier Countv EIS, 9577 2 (6259 E2) Impact or Mitigation Assessment conducted by: Assossment date: Impact Christina St~iskal Jniy 28, 2006 Scoring Gutdance The scoring of each indicator Is based on what w{luld be s\lllable for the lype of wetland or surface wator assessed ontimalf10 Moderater7\ Minimal 4 Not Present 10 Condltlon is less thsn Condition is opiimfll Clnd fully optimal, but sufficient to Minimal level of support of Condition Is insufficient to supports wolland/sunace maintain most wetland/surface water provide wetland/surface water functions wellAnd/surface functions waler functions water functions .500(G){a} Location and Landscape Support w/o pres or cmrenf with Current: 6, 5, 7, 7,7,7,5 6 I r .500(B)(b) Water Environment (n/a for uplands) w/a pres or current with Current: 6, 7, 7, 7, 8, 5, 6 l r 7 .50{) (6) (c} Community structure 1. Vegetation and/or 2. Benthic Community w/o prcs or current with Current: 5, 5, 5, G, 5, 6, 6.6 l r 6 Score'" sum of sbove scoresf30 (if uplands, dr...rdtluy 20) current orw/o res If preservation as mltigalron, For impact assessment areas. Preservation adjustment fflclor '" nJa with Adjusted mitigalion del!a ::: nfa FL = delta x acres '" 0,63 X 2,96= l.R6 (),63 Delta;; [wllh-current] lfmlll allan Time lag (t-factor) ;;; nfa Risl: factor = n/a For mitigation (lssessment areas 0,63 . RFG = delta/(Hactor x risk) = ilIa Form 62-346.900(2), FAC. [effective date 02-04-2004] Della Rosa Pre-vs-Post Development Conceptual Water Management Report Agenda Item No. 80 t~ovetl1ber 13. 2007 oge 108 of 116 DAVIDSON, ENGINEfRING General Deila Rosa 15.93 +/- acres, residential and development. The project is located on the East side of Livingston Road approximately OIle mile North of Immokalee Rd. in Section 13 South, Township 48 South, Range 25 East, within Collier County, Florida. ' Existing Conditions The project site is undeveloped with vegetation and wetlands. Storm Water Analvsis , The surface water managcmcnt system will CDnsist of a series of catch basins and swales used to collcct the surface water runDiI The necessary water quality will take place in the on site lake and will discharge directly into the wetland preserves on the southeast side of this proj ect. There will also be a series of grate inlets to provide storm water runoff direction from the developed areas directly into the lake prior to discharge to the wetlands. This discharge wiil be limited to the allowable discharge in this area via a provided control structure and will provide treated runoff water to help maintain hydration in the wetlands, Based on the attached calculations provided using Cascade 2001@ modcling software and the South Florida WaleI' Management District's sprcadsheet, the pre- development discharge rutes arc cxtrcmely high due to the fact that there is a very minute change in tail water conditions limiting the discharge from om site. Based on the routings provided, thc pre-development conditions show a discharge rate as high as 4,321.55 cfs in an area where the allowable discharge per county ordinance is not to exceed 0.15 cfs/acre, which is an ailowable discharge of 1.37 cfs for the site. Based on the provided conceptual routings, the pcak post-development discharge rate of 0.88 cfs is lower than the allowable discharge rates of 1.37 d's. Therefore, the routings show that we will follow county standards and provide hydration to the adjacent wetlands in effOli to maintain a clean and friendly environment. Davidson Engineering, Inc. Project Proj, II: Calculated By: Checked By: IRUaRolI 05-050 I DEW .JLD Task II Date: Date: Water Management Design Calculations Della Rosa Pre-Development Conditions .Z-I..Jsn=:a !:em r'~o. so r\i~::W::;lTIb2r 13. 2007 rj98 109 at 116 DAVIDSON. ENGINEERII'-4G 23-Aug-06 24-Aug-06 A) LAND USE SUMMARY Basin Land Use Impervious Area Pervious Area Total Area Wllter Surface Building PAvement ^~rCll A.res A~re' ^W'1l Ao" Acres Lake 0,00 0,00 0,00 0,00 0,00 Wetland 0,00 0,00 0,00 0,00 0,00 Pavement/Driveway 0,00 0.00 0,00 0.00 0,00 N/A 0,00 0,00 0,00 0,00 0.00 Building 0,00 0,00 0,00 0,00 0,00 Open Space 15,<)3 0,00 0,00 0.00 0.00 Totals: 15.93 0.00 0.00 0.00 0.00 B) DESIGN PARAMETERS Control Elevation = I-day rainfall( 100yr) ~ I-day rainfall(25yr) = Q(AJlowable) = Soil compactiun factor (Le. 25%) 12,00 3.50 7,25 (),15 25% N,V,G,D, Inches Inches CFS / Acre Pervious Area= Project Area ~ Impervious Area Pervious Area"" 15.93 0.00 Pervious Area""l 15.93 I Acres. B) PEAK ALLOWABLE DISCIIARGE Q(Allowable)= CrS/Acre Q(Allowablc)= 0,15 Q(Allowable)~1 Z,39 '" Project Area . 15,93 ICIS O,()O (),OO, 0,00 0.00 0.00 15.93 15.93 C\ WATER OUALITY STORAGE VOLUME 1. First Inch ofRunoffCl'itcria: Water Quality Vo1,= Water QualityVol.~ Water Quality V al.~1 Project Area 15,93 1.33 I Ae-ft. 1 in.'Oft/l2in.) t in.'(IR/12in,) * * 2.5 % Impervious Criteria: a) Site Area= Project Area - (Lake + Conservation) - Roof Site AJ'ea~ 15,93 0.00 Site Area=' 15.93 Acres b} Imp. Area= Site Area ~ Perviolls Area Imp. Area~ 1.\,93 15,93 Imp. Area= Acres e) Vol. SIal', Req'd~ 2.5in,*(IftJI2in.) * (Imp. Area/Sile Area) * (Project Area - Lake - COllServ,) Vol. Star, Req'd= 2.5 in,*(IftJI2in.) * , t5.g3 Vol. Stor. Req'd'"l 0.00 I Ae-ft. Tlwrcfore: calculation # 1 cnntl'Ols and a water quality volume of 1.33 IAc-n. must be detained on-site prior to discharge. 3. Maximum Daily Discharge; CriTeria: 1/211 per day Q(Bleed-Down)= Q(Bleed-Down)~ Q(Bleed-Dow!\)= ((0,510'/24hrs,)' (1I1/12in,) * (43560sf/aere) * (lhr/3600,)) * (Project Area - Lake) 0,02i * 15,93 0,00 ICFS 0.33 4. Type of Detention Area Actual Water Quality Volume Provided= ~ 0.00 Water quality volume will stmt at Control Elevation: Water quality volume will end at Control Elevation: l Ac"ft. 12.00 NGVD (ft.) 11,80 NGVD (ft,) D) SOIL STORAGE Depth to Water Table = Soil Storage for perviolls arcus = Sd = From SFWMD; Basis for Review, Volume IV S"". Silc~Widc Soil Storage s= Sd * (Pervious AreaIProject Area) S~ 2,87 ' S~I 2.87 (Inche' 1.0 2,87 ft. Inches 15,93 15,93 'c\oenda Item r~o. 80 r-JQvember 13. 2007 rja@Of116 DAVIDSON [;NGINEERING' E) MINIMUM FINlSIIED FLOOR ELEV A TlON L Peak Stage from Cascades (iOO-year, 3-day, zero discharge): Peak Stage~ 0.00 NOVD (1\,) 2, FEMA flood Zone: N/A The flood hazard elevation is: N/A 3. lOG-year, 3.day, zero discharge calculations (SCS method) I-day rainfal1= 8.50 Inches 3.day rainfall'" I-day rainfall * 1.359 3-d,y rainfal1~ 8.50 3.day rainfall~ 11.55 . 1.359 Inches Inches ofRunoff= (P-0.2SY'2/(P+0.8S) Inches ofRunoff~ 8,70 lnches Volume ofRunoff= (lft/12In,)' (Inches ufRlIIlOff)' (Project Ar,.) Volume of Runoff= 1ft/12In, . 8.70 Volume ofRun