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PUDR-PL20190002899, ENBROOK RPUD October 7, 2019 Page 1 of 19 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: OCTOBER 17, 2019 SUBJECT: PUDR-PL20190002899, ENBROOK RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ______________________________________________________________________________ PROPERTY OWNER/APPLICANT AND AGENTS: Owner: Rimar Enterprises, Inc. 8040 S.W. 69 th Avenue Miami, FL 33143 Applicants: Rimar Enterprises, Inc. D.R. Horton 8040 S.W. 69 th Avenue 10541 Six Mile Cypress Miami, FL 33143 Fort Myers, FL 33966 Agents: D. Wayne Arnold, AICP Richard D. Yovanovich, Esquire Q. Grady Minor & Associates Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 92-43, as amended by Ordinance Number 92-77, and amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code (LDC) which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multifamily (RMF-16(8)) zoning district to a Residential Planned Unit Development (RPUD) zoning district, to allow for development of up to 526 multi-family dwelling units, two-family attached and townhouse residential dwelling units, or 265 single-family dwelling units or any combination of dwelling unit types subject to a traffic cap for

Transcript of Staff Report-Enbrook w signtr 10-7-19B(flat)

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STAFF REPORT

TO: COLLIER COUNTY PLANNING COMMISSION

FROM: ZONING DIVISION ZONING SERVICES SECTIONGROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION

HEARING DATE: OCTOBER 17, 2019

SUBJECT: PUDR-PL20190002899, ENBROOK RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)

______________________________________________________________________________

PROPERTY OWNER/APPLICANT AND AGENTS:

Owner:Rimar Enterprises, Inc.8040 S.W. 69th AvenueMiami, FL 33143

Applicants:Rimar Enterprises, Inc. D.R. Horton8040 S.W. 69th Avenue 10541 Six Mile CypressMiami, FL 33143 Fort Myers, FL 33966

Agents:D. Wayne Arnold, AICP Richard D. Yovanovich, EsquireQ. Grady Minor & Associates Coleman, Yovanovich & Koester, P.A.3800 Via Del Rey 4001 Tamiami Trail North, Suite 300Bonita Springs, FL 34134 Naples, FL 34103

REQUESTED ACTION:

The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 92-43, as amended by Ordinance Number 92-77, and amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code (LDC) which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multifamily (RMF-16(8)) zoning district to a Residential Planned Unit Development (RPUD) zoning district, to allow for development of up to 526 multi-family dwelling units, two-family attached and townhouse residential dwelling units, or 265 single-family dwelling units or any combination of dwelling unit types subject to a traffic cap for

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a project to be known as Enbrook RPUD; and by eliminating the 100-foot wide greenbelt along the entire east and south property lines and eliminating the two-story height limitation described in Ordinance Number 92-43 and Ordinance Number 92-77 for the Royal Fakapalm Planning Community; and providing an effective date.

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GEOGRAPHIC LOCATION:

The subject property consisting of 65.88± acres is located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.)

PURPOSE/DESCRIPTION OF PROJECT:

The subject 65.88± acre - -family at a density of eightreevaluation program in 1992. The density of eight dwelling units generates 526 dwelling units. The petitioner proposes to rezone the subject property from RMF-16(8) to Residential Planned Unit Development (RPUD) with a maximum of 526 multi-family dwelling units or 265 single-family detached, two-family attached, and townhouse dwelling units. A residential amenity center will also be provided. (See Attachment A-Proposed PUD Ordinance.)

Ordinance Number 92-43 and Ordinance Number 92-77 require a 100-foot wide greenbelt along the entire eastern and southern property lines and a two-story building height limit. These ordinances are proposed to be amended. (See Attachment B-Ordinance Number 92-43 and Attachment C-Ordinance Number 92-77.)

The buildings will have a maximum zoned height of 35 feet and an actual height of 40 feet. Setbacks from the Planned Unit Development (PUD) boundaries are a minimum of 15 feet. Ingress/egress will be provided from Manatee Road.

The Master Plan provided on the previous page of this Staff Report depicts the area of proposed residential development, amenity area, and a 12.84± acre preserve. Landscape buffering requirements are met by a 15-foot-wide Type B Landscape Buffer (trees 25 feet on center and a six-foot tall hedge or wall) along the PUD perimeters. A required 20-foot wide Type D Landscape Buffer (trees 30 feet on center) is provided along Manatee Road.

The petitioner seeks six deviations related to street width, on-premise signs, wall height, architectural standards, and parking. For further information, please see the Deviation Discussion section of this Staff Report.

SURROUNDING LAND USE AND ZONING:

North: Manatee Road, a two-lane road and then developed mobile homes with a zoning designation of Mobile Home (MH)

East: Developed water booster pumping facility, and undeveloped land with a zoning designation of Public (P) and Mobile Home (MH)

South: Vacant land with a zoning designation of A.S.G.M. Business Center PUD

West: Developed multi-family residential uses with a zoning designation of RMF-16, and a shopping center with a zoning designation of intermediate Commercial (C-4)

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AERIAL PHOTO

GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:

Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attached Exhibit D - FLUE Consistency Review.

Transportation Element:2018 Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Transportation Planning staff used the current 2018 Annual Update and Inventory Reports (AUIR) for these findings.

Policy 5.1 of the Transportation Element of the GMP states:

conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with

Subject Site

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consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service (LOS) Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur:a. For links (roadway segments) directly accessed by the project where project traffic is

equal to or exceeds 2% of the adopted LOS standard service volume;b. For links adjacent to links directly accessed by the project where project traffic is equal

to or exceeds 2% of the adopted LOS standard service volume; andc. For all other links, the project traffic is considered to be significant up to the point where

it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses th

Staff finding: According to the PUD and the TIS provided with the proposed rezoning, the applicant is requesting a maximum of 526 single-family and multi-family residential dwelling units. This development is currently entitled to 526 multi-family units. The requested rezone is proposing either the development of 265 single-family units or 526 multi-family units or a combination of both single and multi-family units so long as the trip cap of 259 two-way PM peak hour trips is not exceeded. Staff also notes that this development is vested for 483 multi-family units according to amendedCertificate of Occupancy (COA) (reference number 06-018-09) with a vested trip limit of 240 two-way PM peak hour trips. See also attachment A below.

This development has vested transportation rights. Staff evaluated the TIS and the scenarios presented accurately reflect trip generation calculations in combination with PUD Exhibit F, Developer Commitments, Section 4, Transportation. Staff also reviewed the current adjacent roadway segments, according to the 2018 AUIR, for issues related to any potential scenario that exceeds the vested trip limit of 240 two-way PM peak hour trips. The adjacent roadway segments are as follows: Collier Boulevard (CR 951) from Wal-Mart Driveway to Manatee Road has a current service volume of 2,000 trips, a remaining capacity of approximately 243 trips, and is currently operating at Level of Service (LOS) . Collier Boulevard (CR 951) from Manatee Road to Mainsail Drive has a current service volume of 2,200 trips, a remaining capacity of approximately 259 trips, .

In conclusion, and as noted above, this development has a vested trip limit. Based on the information provided in the TIS and PUD for the petition, Transportation Planning staff finds the proposed development in compliance with the GMP and the LDC and recommends approval.

Conservation and Coastal Management Element (CCME): Environmental Planning staff havefound this project to be consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP. The project site consists of 11.62 acres of native vegetation. A minimum of 2.91 acres, 25%, preserve is required. However, 12.84 acres of preserve shall be placed under preservation and dedicated to Collier County.

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GMP Conclusion:

STAFF ANALYSIS:

Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred

, and Section 10.02.08 F., Nature of Requirements of Planning Commission Report ollier County

recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed belo ing and Land Development Review In addition, staff offers the following analysis:

Environmental Review: Environmental Planning staff has reviewed the petition, and the PUD Document to address environmental concerns. As previously stated, the preserve requirement is 2.91 acres or 25% of 11.62 acres. The proposed PUD Master Plan provides 12.84 acres preserve, which meets the minimum 25 percent native vegetation preservation requirement in accordance with LDC section 3.05.07. No listed species were observed on the property.

This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances.

Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project.

Landscape Review: Landscape Review staff has reviewed this petition for compliance with the LDC and recommends approval of this project.

School Board Review: At this time, there is existing or planned capacity within the next five years for the proposed development at the elementary, middle, and high school levels. At the time of Site Development Plan (SDP) or Plans and Plat (PPL), the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or in adjacent concurrency service areas.

Utilities Review: The project lies within the regional potable water service area and the south wastewater service areas of the Collier County Water-Sewer District. Water and wastewater services

System capacity must be confirmed at the time of development permit (SDP or PPL) review, and a commitment to provide service will be established upon permit approval.

Storm Water Planning Review: The Drainage outfall discharge resulting from this PUD Rezone will

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system will be reviewed and approved by the South Florida Water Management District and Collier County staff during the SDP process.

Zoning and Land Development Review: As previously stated, this PUD Rezone petition will allow for 526 multi-family dwelling units or 265 single-family dwelling units, or a combination of single-family and multi-family dwelling units subject to a traffic cap. The ingress/egress will be from Manatee Road.

The proposed PUD will provide adequate buffering with existing neighbors. An approximate 700-foot wide preserve separates the proposed residential development from the existing commercial area to the west. An approximate 80-foot wide preserve area and minimum code required 15-foot wide Type B Landscape Buffer (trees 25 feet on center and a 6-foot high hedge, fence or wall) screens the proposed residential development from the undeveloped commercial PUD to the south. A Type B Landscape Buffer along the east and west property boundaries screen the developed residential,undeveloped mobile homes, and developed utility site. Along Manatee Road, a Type D Landscape Buffer (trees 30 feet on center) will buffer the proposed development from Manatee Road.

The proposed building height of 35 feet and actual height of 40 feet are compatible with the adjacent zoned building heights ranging from 30 feet to 75 feet. The required 60% open space will be provided.

Therefore, staff finds the proposed PUDR compatible with the surrounding land uses.

REZONE FINDINGS:

Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation , and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report

these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed

In addition, staff offers the following analysis:

1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP.

The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. See Attachment D - FLUE Consistency Review.

2. The existing land use pattern.

be characterized as residential multi-family, mobile home, commercial, business park, and public lands.

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3. The possible creation of an isolated district unrelated to adjacent and nearby districts.

The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts.

4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.

The district boundaries are logically drawn, as discussed in Items 2 and 3.

5. Whether changed or changing conditions make the passage of the proposed rezonenecessary.

The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of residential and other uses. The proposed PUD rezoning is appropriate, as limited in the PUD Document and the PUD Master Plan based on its compatibility with adjacent land uses.

6. Whether the proposed change will adversely influence living conditions in the neighborhood.

The proposed PUD Rezone -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area.

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.

The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat).

management regulations when development approvals are sought.

8. Whether the proposed change will create a drainage problem.

The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District.

9. Whether the proposed change will seriously reduce light and air to adjacent areas.

The proposed change will not seriously reduce light and air to adjacent areas.

10. Whether the proposed change would adversely affect property values in the adjacent area.

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Staff is of the opinion this PUD Rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value.

11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

Properties around the Enbrook RPUD are developed and undeveloped. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties.

12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed PUD Amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined 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 accordance with existing zoning.

The subject property can be developed within the parameters of the existing zoning designation.

14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.

Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. The petitioner has provided adequate commitments in PUD Exhibit F to mitigate for traffic congestion impacts.

15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use.

There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific 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.

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Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process.

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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance.

The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy.

18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare.

To be determined by the BCC during its advertised public hearing.

PUD FINDINGS:

LDC Section 10.02.13.B.5 states that:

1. The suitability of the area for the type and pattern of development proposed in relation tophysical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.

The subject site is surrounded by mobile home development to the north, undeveloped land and a water booster pumping facility to the east, an undeveloped business park to the south, and by ashopping center to the west. The adjacent roadway network has sufficient capacity to accommodate the proposed development.

Water distribution and wastewater transmission mains are readily available within the Manatee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD.

2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones 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.

Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP and PPL approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer.

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3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP.

County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staffis of the opinion that this petition can be found consistent with the overall 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.

The proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this PUD Rezoneexternally.

5. The adequacy of usable open space areas in existence and as proposed to serve the development.

The amount of open space set aside for this project meets the minimum 60% requirement of the LDC.

6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

Collier County has sufficient treatment capacity for water and wastewater service to the project.Conveyance capacity must be confirmed at the time of development permit application.

The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, thconcurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought.

7. The ability of the subject property and of surrounding areas to accommodate expansion.

The area has adequate supporting infrastructure, including adjacent Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project.

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.

This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking six deviations related to street width, on-premise signs, wall height, architectural standards, and parking.

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Please refer to the Deviation Discussion portion of the Staff Report below for a more extensive examination of the deviations.

Deviation Discussion:

The petitioner is seeking six deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit F. , and staff analysis/recommendation areoutlined below.

Deviation #1Deviation 1 seeks relief from Section 6.06.01 N., Street System Requirements, which requires a

60-foot right-of-way width for Local/Private roads, to instead allow a 50-foot right-of-way width.

The petitioner states the following in support of the deviation:

The proposed roadway is private and will not be subject to Collier County ownership and maintenance. The 50-foot right of way width accommodates the required 10-foot lane widths and 5-foot sidewalks per the Community Development Local Street cross-section in Appendix B of the Land Development Code. A 10-foot wide utility easement is proposed on each side of the right of way to accommodate the utility needs of the development. Roadside swales are not proposed as valley gutter will be provided for street drainage to inlets that will discharge to the onsite detention areas; thus the wider right of way widths typically provided for swales is not required.

Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

of such regu

Deviation #2Deviation 2 seeks relief from LDC Section 5.06.02.B.5.a, On-premises Directional Signs, which

requires that each sign shall be setback a minimum of 10 feet from edge of the roadway paved surface

or back of curb, to instead allow a setback of 5 feet from edge of roadway, paved surface or back of

curb. This deviation excludes public roads.

The petitioner states the following in support of the deviation:

This deviation will provide locational flexibility for directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will meet the Clear Sight Distance requirements in accordance with LDC Section 6.06.05. Furthermore, this deviation is typical of many of the master-planned developments throughout Collier County. All roads and drives will be privately owned and maintained.

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Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

tified as meeting public purposes to a degree at least equivalent to literal application

Deviation #3Deviation 3 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, Fences and Walls,

Excluding Sound Walls, which requires fences or walls in a residential PUD to be 6 feet or less in height, to instead allow an 8-foot high wall on top of a 4-foot high berm along Manatee Road right-of-way.

The petitioner states the following in support of the deviation:

The additional wall height is necessary to provide a buffer from the adjacent 2-lane traffic noise, and the ground must be altered to meet water management criteria. The wall height is consistent with the wall height constructed for other residential PUDs.

Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

Deviation #4Deviation 4 seeks relief from LDC Section 5.05.08.B.2.a.i and 5.05.08.B.2.c.i, Architectural and

Site Design Standards, which requires where a proposed project site located within 150 to 300 feet of an arterial or collector road, including all rights-of-way, shall be required to comply with LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F. Compliance shall be limited to the building façades facing the arterial or collector road to instead allow the buildings behind a wall to not be subject to this LDC requirement.

The petitioner states the following in support of the deviation:

This Section of the LDC would be applicable to a building located in the amenity area of the project. It is the intent of the developer to install solid walls on their Manatee Road property boundary. The wall along Manatee Road will be 8 feet in height on top of a berm, making the amenity building largely impossible for the public to see. Requiring additional architectural embellishments for the amenity building is unnecessary.

Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

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devi

Deviation #5Deviation 5 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which

requires where small-scale recreation facilities are accessory to a single-family or multi-family project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities, to instead allow the parking space for the recreation facilities to be computed at 25 percent where the majority of dwelling units are within 500 feet of the recreation facilities.

The petitioner states the following in support of the deviation:

The project will have sidewalks throughout allowing residents the ability to walk to the project amenity area. Parking on-site will be provided. It has been this developers experience that the proposed reduction in required parking provides ample on-site parking for residents and guests and that the LDC requirement results in excess parking for the on-site amenity area.

Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

Deviation #6Deviation 6 seeks relief from LDC Section 5.06.02.B.6.b., On-premises Sign Within Residential

Districts, which permits two ground signs at a maximum height of 8 feet with a combined sign face area not to exceed 64 square feet, to instead allow a combined sign face area of 160 square feet. The

free-standing monument signs, for a maximum height of 12 feet (8-foot high wall on a 4-foot high berm) measured from the adjacent roadway centerline elevation. If the sign is on the wall, the wall will be 10 feet from the Manatee Road right-of-way.

The petitioner states the following in support of the deviation:

This deviation is warranted as it is anticipated the signage will be coordinated with the

appealing if it is consistent with the scale of the perimeter project wall.

Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the

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PUDR-PL20190002899, ENBROOK RPUDOctober 7, 2019

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NEIGHBORHOOD INFORMATION MEETING (NIM):

The applicant conducted a NIM on June 5, 2019, at Collier County Government Center, BCC Boardroom, located at 3299 Tamiami Trail East, Building F, Naples, Florida. Approximately tenresidents attended the meeting For further information, see the NIM Transcript which is contained in attached Exhibit E-Application.

COUNTY ATTORNEY OFFICE REVIEW:

The County Attorney Office has reviewed the Staff Report for this petition on October 7, 2019.

RECOMMENDATION:

Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR-PL20190002899, Enbrook RPUD to the BCC with a recommendation of approval.

Attachments:

Attachment A-Proposed PUD OrdinanceAttachment B-Ordinance Number 92-43 Attachment C-Ordinance Number 92-77Attachment D-FLUE Consistency ReviewAttachment E-Application

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