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Agenda 10/22/2013 Item #17C 10/22/2013 17.C. EXECUTIVE SUMMARY 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 an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code,which established 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 an Agricultural Zoning District with a Mobile Home Overlay (A-MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Living Word Family Church MPUD; to allow construction of religious facilities with a maximum of 2,400 seats, an outdoor pavilion, a grade school for kindergarten through 12th grade with a maximum of 250 students, a child care center with up to 200 students, assisted living facilities and continuing care retirement community uses for seniors at a .45 floor area ratio and at a maximum of 200 beds and accessory, retail and social service uses for property located in Section 30, Township 48 South, Range 27 East, Collier County, Florida, consisting of 35.0+/- acres; repealing the existing Conditional Use on the property granted by Resolution Number 06-03, as amended by Resolution Number 09-213; and by providing an effective date. (Petition number PUDZ-PL20110000762) OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Living Word Family Church was originally approved as a Conditional Use on January 10, 2006 in Resolution Number 06-03. That Conditional Use was granted a one year extension on September 15, 2009 in Resolution Number 09-213 (See Attachment: Resolutions Number 06-03 and Number 09-213.) The church was originally a 550- seat Church was developed on an 18.1 acre site. The Church has acquired additional property and is now 35.6+ acres. The Church seeks to add additional church related and limited community facility uses. As previously stated, the Living Word Family Church Mixed-Use Planned Unit Development (MPUD) Ordinance proposes a maximum 2,400 seat Church and Place of Worship, a maximum 250 student kindergarten through 8th grade school, a maximum 200 student Child Care Center, a maximum 200 assisted living units along with accessory retail and social service uses. The assisted living units will include adult living facilities (ALF), continuing care retirement care facilities (CCRF), and nursing and personal care service facilities for residents who are 55 years of age and older. The floor area ratio (FAR) of these assisted living units will be .45 and will not exceed 200 units. There will be on-site dining for the residents. Group transportation services will be provided to the residents for the purposes of activities such as shopping and medical office visits. There will be an on-site manager/activities coordinator to plan on-site lectures, movies, music and other entertainment at the on-site clubhouse as well as arrange trips off-site. A wellness center with an exercise and fitness center will be provided for the residents. Packet Page-2146- 10/22/2013 17.C. Accessory uses to the Church include administrative offices and educational facilities, an outdoor pavilion, a maximum 5,000 square-foot church operated nonprofit thrift store, a church operated nonprofit book store, a columbarium that is limited to grade level or above ground internment, and a community garden. Individual and Family Social Services are also proposed and are limited to: counseling centers, family and marriage counseling services, old age assistance, outreach programs, temporary relief services, service leagues, temporary emergency shelters, elderly or handicapped activity centers, senior citizen centers, adult and handicapped day care centers, senior citizens associations, and youth centers. Other accessory uses include a maximum of 5 housing units for employees, staff or retreat housing; personal services, dining, private restaurant/lounge, skilled nursing and other uses incidental to ALF and CCRC uses; dining hall/private restaurant, incidental to the church and place of worship; project sales and administrative offices; retail sale of fresh, agricultural products limited to weekends; and play areas and recreational facilities related to church/school uses. The proposed site plan depicts a 15-foot wide Type B landscape buffers along the property lines adjacent to A-(MHO) zoned property. The property lines adjacent to the Moulder Drive and Immokalee Road propose 20-foot wide Type D right-of-way landscape buffers. Along a portion of the west property line is an existing neighboring church and a 10-foot wide Type A landscape buffer is depicted there. Towards the south portion of the property, an 8.9± acre preserves acts as landscape buffering. (See Attachment: Master Plan.) The proposed buildings will be a maximum of 2-stories and will have a maximum zoned height of 35 feet and an actual height of 42 feet. A church steeple may have an actual height of 47 feet. The Master Plan depicts the proposed community facility/residential area, lakes, the 8.9± acre preserve area and landscape buffer areas. The site will be accessed by three ingress/egress points, one from Immokalee Road (CR-846), a second access from Moulder Drive and a third access on Ramsey Street. One deviation is being sought as part of this MPUD rezoning petition. Please see the Deviation section of the Staff Report for further information. FISCAL IMPACT: The PUD 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 amendment is approved, a portion of the land could be developed and the new development will result in an 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 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 a portion of the estimated Transportation Packet Page -2147- 10/22/2013 17.C. Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. LEGAL CONSIDERATIONS: This is a site specific rezone from an Agricultural Zoning District with a Mobile Home Overlay (A-MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the Living Word Family Church MPUD. 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 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 MPUD 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 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. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. Packet Page -2148- 10/22/2013 17.C. 8. Consider: Conformity with MPUD 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 MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD 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 create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? Packet Page-2149- 10/22/2013 17.C. 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 MPUD 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.Il], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD 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. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) GROWTH MANAGEMENT IMPACT: Future Land Use Element(FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20110000762, Living Word Family Church Mixed-Use Planned Unit Development (MPUD) on August 15, 2013, and by a vote of 7 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to minor revisions and edits which have been incorporated into the PUD document. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for PUDZ- PL20110000762, Living Word Family Church Mixed-Use Planned Unit Development (MPUD) subject to the CCPC revisions. Packet Page-2150- 10/22/2013 17.C. Prepared By: Nancy Gundlach, AICP, RLA Planning& Zoning Attachments: 1) Staff Report 2) Memorandum to the CCPC dated September 5, 2013 3) MPUD Ordinance 4) Resolutions Number 06-03 and Resolution Number 09-213 5) Location Map 6) Master Plan 7) Application 8) Environmental Documents 9) TIS Packet Page-2151- 10/22/2013 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. Item Summary: 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 an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 an Agricultural Zoning District with a Mobile Home Overlay (A- MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Living Word Family Church MPUD;to allow construction of religious facilities with a maximum of 2,400 seats, an outdoor pavilion, a grade school for kindergarten through 12th grade with a maximum of 250 students, a child care center with up to 200 students, assisted living facilities and continuing care retirement community uses for seniors at a .45 floor area ratio and at a maximum of 200 beds and accessory, retail and social service uses for property located in Section 30,Township 48 South, Range 27 East, Collier County, Florida, consisting of 35.0+/-acres; repealing the existing Conditional Use on the property granted by Resolution Number 06-03, as amended by Resolution Number 09-213; and by providing an effective date. (Petition number PUDZ-PL20110000762) Meeting Date: 10/22/2013 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 9/24/2013 5:12:51 PM Approved By Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 9/25/2013 12:41:47 PM Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 9/25/2013 2:39:39 PM Packet Page -2152- 10/22/2013 17.C. Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 9/27/2013 10:39:26 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/30/2013 8:35:33 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 10/3/2013 10:00:21 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 2:56:55 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 10:35:04 AM Name: OchsLeo Title: County Manager Date: 10/12/2013 1:00:43 PM Packet Page-2153- 10/22/2013 17.C. AGENDA ITEM 9-A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION. PLANNING AND REGULATION HEARING DATE: AUGUST 15. 2013 SUBJECT: PUDZ-PL201 1 0000762, LIVING WORD FAMILY CHURCH MIXED-USE PLANNED UNIT DEVELOPMENT(MPUD) PROPERTY OWNER/AGENT: Owner: Living Word Family Church, Inc. Agent: Mr. Tim Hancock, AICP 7550 Mission Hills Drive, Suite 314 Davidson Engineering, Inc. Naples, FL 34119 3530 Kraft Road, Suite 301 Naples, FL 34105 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone from the Agricultural Zoning District with a Mobile Home Overlay(A-MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Living Word Family Church MPUD; to allow construction of religious facilities with a maximum of 2,400 seats, a 500 seat amphitheater, a grade school for kindergarten through 8th grade with a maximum of 250 students, a child care center with up to 200 students, assisted living facilities and continuing care retirement community uses for seniors at a .45 floor area ratio and independent living facilities for seniors at a maximum of 200 units and accessory, retail and social service uses for property located in Section 30, Township 48 South, Range 27 East, Collier County, Florida, consisting of 35.6+/- acres; repealing the existing Conditional Use on the property granted by Resolution Number 06-03, as amended by Resolution Number 09-213; and by providing an effective date. GEOGRAPHIC LOCATION: The subject 35.6+ acre PUD is located on the south side of Immokalee Road and on the west side of Moulder Drive, approximately two and one-half miles west of Wilson Boulevard in Section 30, Township 48 South, Range 27 East, Collier County, Florida. (See location map on page 2.) Page 1 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2154- 10/22/2013 17.C. 0 Z 1 3 2 Wo a F- < I to p O Q j _. \ 1 a yoao aaauan Q 2 Q a 3 6 ZQ d O V 1 N Z F., uw Z o I 1� 1 0Y021 Sawa o W 4 g Z 3 N _— tt•- N z w = u n. Z I P CI J N i a tv —=5 dl kill / Q D a ry n —�� a cennanos rmcwn e aWF?ylig .rave h II A'42 C;, ER W. W- .fig I ^:- a., 5'.� ��' ru '31 W 3 $ O Z 2$� g Q V < \ ,9. r a p $ c 2 \ NIK d C G Z 1,.ry � 1. O 9 I m:. m ry $ 1 j y. �' _ I o1. U 6.rt 6 rysn s 1 � o e I� II LJ �_L ! iIc 12� aarnanie u3Rbd lm.� Packet Page-2155- -, )r 10/22/2013 17.C. "-u....-.uzia.----- :_u_,_1_,......•`,Lt.•"--i-1,,,,”. 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PURPOSE/DESCRIPTION OF PROJECT: The Living Word Family Church was originally approved as a Conditional Use on January 10, 2006 in Resolution Number 06-03. That Conditional Use was granted a one year extension on September 15, 2009 in Resolution Number 09-213 (See Attachment B: Resolution Number 06-03 and Resolution Number 09-213.) The church was originally a 550-seat Church was developed on an 18.1 acre site. The Church has acquired additional property and is now 35.6+ acres. The Church seeks to add additional church related and limited community facility uses. As previously stated, the Living Word Family Church Mixed-Use Planned Unit Development (MPUD) Ordinance proposes a maximum a 2.400 seat Church and Place of Worship, a maximum 250 student kindergarten through 8th grade school, a maximum 200 student Child Care Center, a maximum 200 assisted living units along with accessory retail and social service uses. The assisted living units will include adult living facilities (ALF). continuing care retirement care facilities (CCRF), and independent facilities and nursing and personal care service facilities for residents who are 55 years of age and older. The floor area ratio (FAR) of these assisted living units will be .45 and will not exceed 200 units. There will be on-site dining for the residents. Group transportation services will be provided to the residents for the purposes of activities such as shopping and medical office visits. There will be an on-site manager/activities coordinator to plan on-site lectures, movies, music and other entertainment at the on-site clubhouse as well as arrange trips off- site. A wellness center with an exercise and fitness center will be provided for the residents. Accessory uses to the Church include administrative offices and educational facilities, a 500-seat amphitheater, a maximum 5,000 square foot church operated nonprofit thrift store, a church operated nonprofit book store. a columbarium that is limited to grade level or above ground internment, and a community garden. Individual and Family Social Services are also proposed and are limited to: counseling centers, family and marriage counseling services, old age assistance, outreach programs, temporary relief services, service leagues, temporary emergency shelters, elderly or handicapped activity centers, senior citizen centers. adult and handicapped day care centers, senior citizens associations, and youth centers. The 500-seat amphitheater is a proposed accessory use to the church. The amphitheater will be 500 feet or more away from the nearest existing off-site residential unit. The band shell or stage will be orientated towards the interior of the church campus. A temporary use permit will be required for uses not specifically related to religious holidays or events. Other accessory uses include a maximum of 5 housing units for employees, staff or retreat housing; personal services, dining, private restaurant/lounge, skilled nursing and other uses incidental to ALF and CCRC uses; dining hall/private restaurant, incidental to the church and place of worship; project sales and administrative offices; retail sale of fresh. agricultural products limited to weekends; and play areas and recreational facilities related to church/school uses. The proposed site plan depicts a 15-foot wide Type B landscape buffers along the property lines adjacent to A-(MHO) zoned property. The property lines adjacent to the Moulder Drive and Immokalee Road propose 20-foot wide Type D right-of-way landscape buffers. Along a portion of the west property line is an existing neighboring church and a 10-foot wide Type A landscape buffer is Page 5 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD Juty 30,2013 Packet Page-2158- 10/22/2013 17.C. depicted there. Towards the south portion of the property, an 8.9± acre preserves acts as landscape buffering. (See Master Concept Plan on page 3.) The proposed buildings will be a maximum of 2-stories and will have a maximum zoned height of 35 feet and an actual height of 40 feet. A church steeple may have a zoned height of 42 feet and an actual height of 47 feet. The Master Concept Plan depicts the proposed community facility/residential area, lakes,the 8.9± acre preserve area and landscape buffer areas. The site will be accessed by three ingress/egress points, one from Immokalee Road (CR-846), a second access from Moulder Drive and a third access on Ramsey Street. One deviation is being sought as part of this MPUD rezoning petition. Please see the Deviation section of this Staff Report for further information. SURROUNDING LAND USE AND ZONING: North: vacant parcels and Immokalee Road (CR 848), a 4-lane principal arterial road, and then Bonita Bay East Golf Club (Twin Eagles golf course community), with a zoning designation of Agricultural-Mobile Home Overlay (A-MHO) East: vacant parcels and developed with single-family residences, with a zoning designation of Agricultural-Mobile Home Overlay (A-MHO) South: vacant parcels and developed with a single-family residence and then Cannon Boulevard, an unpaved road, with a zoning designation of Agricultural-Mobile Home Overlay (A-MHO) West: vacant parcels and developed with a single-family residence, a church and then Rivers Road, a 2-lane paved road, with a zoning designation of Agricultural-Mobile Home Overlay (A- MHO) Page 6 of 18 LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page -2159- 10/22/2013 17.C. , . , , . , , ' - -sk2 ,-*•,,,,,....„ .' • f . ,r .,...,... : • ,V 1 ._.-— - , . : ,. .. .. tA , , I ,--'''' t• -';‘, '1 ' a I * - ... - .• .. , « , ,. ;;.,- .. I J 4 I ....it- - ti " - . r- ---' - 0- aft L . ' . -Ne AERIAL PHOTO—note: boundaries are approximate GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands. as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this petition, this designation allows: group care facilities, with maximum FAR of 0.45; essential services: community facilities, such as places of worship. childcare facilities, cemeteries, and social and fraternal organizations; public and private schools: and. staff housing incidental to church facilities. This designation does not allow commercial uses outside of a Rural Village. The RFMUD Receiving Lands designation in the FLUE. under Emergency Preparedness heading. contains two requirements: (a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities. schools. or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane [SLOSH] Map for Collier County. Page 7 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30 2013 Packet Page -2160- 10/22/2013 17.C. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster." (b) The applicant "... shall work with the Florida Division of Forestry [n/k/a Florida Forest Service], Collier County Emergency Management staff ... to develop a Wildfire Prevention and Mitigation Plan ... This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands." Regarding (a) above, the subject site is outside of likely inundated areas based on the SLOSH Map. The applicant did not submit an Emergency Preparedness Plan (EPP), and asserted Emergency Management staff advised none was required. Emergency Management staff has advised that their purview extends to assisted living facilities (ALF), nursing homes, hospitals, ambulatory surgical centers and adult day care operations, and that they do not review church or school plans; they agreed the EPP for an ALF will be necessary at a subsequent development review stage, if and when that use is actually proposed. Provisions to submit an EPP appear in PUD document "Exhibit A, Permitted Uses" section A, Principal Uses, item number 5; and, in "Exhibit F, Development Commitments" under "Emergency Preparedness Plan." Regarding (b) above, the applicant submitted a Wildfire Prevention and Mitigation Plan (WPMP) along with a letter of acceptance from the Florida Forest Service. (See Attachment C: Florida Forestry Services Letter. and "Wildfire Prevention and Mitigation Plan.....") Emergency Management staff has accepted the WPMP. Measures are described in the WPMP that address access, vegetation, building setbacks, fire protection, utilities and other factors. Specific provisions to implement the WPMP measures appear in PUD document "Exhibit F, Development Commitments" under "Wildfire Prevention and Mitigation Planning." Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. The Rezone Findings and PUD Findings contained on the proceeding pages of this Staff Report have found the subject PUD to be compatible with the surrounding land area. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text). Objective 7: In an effort to support the Dover. Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County; Florida. promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating Page 8 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2161- 10/22/2013 17.C. intersection spacing requirements of the Land Development Code. [Exhibit C, PUD Master Plan, depicts direct access to Immokalee Road, classified as a principal arterial road by the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, PUD Master Plan, depicts drive/parking lot aisle in a looped configuration making use of the existing Ramsey Street ROW,with access points on Immokalee Road, Rivers Road and Moulder Drive.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [The project will provide connection with surrounding development for both vehicles and pedestrians, including interconnection with Rivers Road (to the west) and Moulder Drive (to the east).] 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. [For the most part, this policy is not applicable since this is not a residential project. Greater than the required open space is depicted on Exhibit C, PUD Master Plan.] Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). lmmokalee Road (CR 848) Impacts: The first concurrency link that is impacted by this zoning amendment is Link 44.0, Immokalee Road (CR 848), between Collier Boulevard (CR 951) and Wilson Boulevard. The project generates 103 new directional p.m. peak hour, peak direction trips, which represents a significant 3.12% impact. This segment of Immokalee Road currently has a remaining capacity of 1,460 trips, and is currently at LOS "C" (Level of Service "C") as reflected by the 2012 AUIR (Annual Update and Inventory Report). The second concurrency link that is impacted by this zoning amendment is Link 43.2, Immokalee Road (CR 848), between Logan Boulevard and Collier Boulevard. The project generates 94 directional new p.m. peak hour, peak direction trips, which represents a significant 2.94% impact. This segment of Immokalee Road currently has a remaining capacity of 1,223 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Another secondary concurrency link that is impacted by this zoning amendment is Link 45.0, Immokalee Road (CR 848), between Wilson Boulevard and Oil Well Road. The project generates 52 new directional p.m. peak hour, peak direction trips, which represents a 1.58% impact. This segment Page 9 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2162- 10/22/2013 17.C. of Immokalee Road (CR 848) currently has a remaining capacity of 1,459 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Collier Boulevard (CR 951) Impacts: The first link that is impacted by this project is Link 30.1, Collier Boulevard (CR 951), between Vanderbilt Beach Road and Immokalee Road. The project generates 47 new directional p.m. peak hour, peak direction trips, which represents a 1.57% impact. This segment of Collier Boulevard currently has a remaining capacity of 1,067 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Wilson Boulevard Impacts: The first link that is impacted by this project is Link 118.0, Wilson Boulevard, between Golden Gate Boulevard and Immokalee Road (CR 848). The project generates 51 new directional p.m. peak hour, peak direction trips, which represents a significant 5.67% impact. This segment of Wilson Boulevard currently has a remaining capacity of 641 trips, and is currently at LOS "B" (Level of Service "B") as reflected by the 2012 AUIR. No subsequent links beyond these segments are found to be significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental Review staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). This project is located within the Rural Fringe Mixed Use District Receiving Lands, which requires a minimum of 40% of the native vegetation present, not to exceed 25% of the total site area to be preserved (Policy 6.1.2.a.). The native vegetation calculation is as follows: 22.96 acres native vegetation x 40% = 9.18 acres; 35.6 acres total site area x 25% = 8.9 acres. Therefore, the required preserve is 8.9 acres, since the minimum required preserve cannot exceed 25% of the total site area. Staff has notified the applicant that the project will be required to be consistent with Policy 6.2.5 and 7.1.2 (2)(f) prior to issuance of any final development order that authorizes site alteration. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the FLUE. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. These criteria are specifically noted in Land Development Code (LDC) Section 10.02.13. 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 the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed and are Listed under the Rezone Findings and PUD Findings on the proceeding pages of this Staff Report. Environmental Review: Environmental staff has reviewed this petition. The required preserve is 8.9 acres, which is being provided. Preserve Tract B1 was previously approved with the original Conditional Use for the church. Preserve Tract B2 is being added as part of the PUD as more preserve Page 10 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2163- 10/22/2013 17.C. acreage is needed due to the addition of parcels with native vegetation to the project. (For Preserve Tract B1 and B2 locations refer to the Master Plan on page 3 of this Staff Report.) Please note that the owner has included the option to reduce the preserve by 1.59 (Tract B2) acres as allowed by Policy 6.l.2(7)a.1. of the CCME. Transportation Review: Transportation Department staff has reviewed the petition and is recommending approval subject to the Transportation Commitments provided in Exhibit F of the attached PUD Ordinance. In addition, certain uses within this PUD may cause significant peak event traffic. Therefore, Transportation Department Staff will require a detailed traffic analysis report when the site is developed. Additional restrictions, site related access improvements, and event traffic control provided by the Sherriff s office may be required. Utility Review: The Utilities Department staff has reviewed and approved the petition. Emergency Management Review: Emergency Management Department staff has reviewed this petition and has no issues with this rezone. Zoning Review: Relationship to Existing and 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 uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed uses, as limited in the PUD Ordinance, are consistent with the GMP. as previously noted. The actual uses proposed, as limited in the PUD Ordinance, should be compatible with the land uses that have been developed on adjacent tracts. LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria (italicized) as also noted below: Rezone Findings: 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. As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally further the goals and objectives of the FLUE and the applicable portions of the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. As described in the ``Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by developed church uses, developed residential uses and vacant land to the north, east, south and west. Page 11 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30.2013 Packet Page-2164- 10/22/2013 17.C. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. As previously stated, the proposed Living Word Family Church MPUD is located adjacent to and east of an existing church. The proposed MPUD is also north, east, south and west of developed residential development and vacant land. In addition, the PUD includes adequate ameliorating elements for buffering, building height and setback, to ensure that the project is compatible with the adjoining church and residential development. Therefore, staff is of the opinion that the proposed MPUD will not result in an isolated district unrelated to nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The PUD zoning boundaries follow the property ownership boundaries. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. Please also note that the petitioner seeks to add additional land, church related and limited community facility uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. In addition, the PUD document provides assurances that the site improvements will include adequate landscaping, setbacks and buffering for the development. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 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 Transportation Services Staff has reviewed the proposed MPUD and has incorporated appropriate mitigation of the projects traffic impacts into the MPUD document which renders the MPUD consistent with the Transportation Element. Therefore, the proposed MPUD will not excessively increase traffic congestion and is consistent with Policy 5.1 of the Transportation Element. 8. Whether the proposed change will create a drainage problem. The proposed development should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process. This process is designed to reduce the risk of flooding on nearby properties. Any proposed Page 12 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2165- 10/22/2013 17.C. water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review of new development drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Concept Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure that light and air will not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Since the project is consistent with the GMP and the LDC, staff is of the opinion this MPUD will not adversely impact property values. However, this is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. As previously noted, properties surrounding this property are vacant and developed. The basic premise underlying all of the development standards in the LDC is that 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. Therefore, the proposed rezoning 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 proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change 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 property is presently developed with a church. The subject property could be developed within existing Agricultural-Mobile Home Overlay(A-MHO) zoning regulations. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Page 13 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2166- 10/22/2013 17.C. The PUD document and the allowable development has been found consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to odorw, be acceptable throughout Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The petition was reviewed on its own 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. 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 project will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must demonstrate consistency with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 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: 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. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities Requirements of the LDC. Page 14 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30.2013 Packet Page -2167- 10/22/2013 17.C. 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 he 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. The MPUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP (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, Staff is 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 development standards, landscaping and buffering requirements contained in this petition are designed to make the proposed uses compatible with the adjacent uses and the uses within the project itself. Staff believes that this petition is compatible, both internally and externally, with the proposed uses and with the existing undeveloped land. Additionally, the Development Commitments contained in the PUD document provide additional requirements the developer will have to fulfill. 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 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. Currently, 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. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 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, and capacity of roads. The subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Page 15 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2168- 10/22/2013 17.C. 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. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviations are found in PUD Exhibit E. Deviation# 1 seeks relief from LDC Section 4.05.04 G., Spaces Required, which requires that multi- family clubhouse structures provide parking spaces at a ratio of 1 parking space per 200 square feet and swimming pools require parking spaces at 1 per 75 square feet for the first 1,000 square feet and 1 for each additional 125 square feet of water areas, in order to allow parking for a clubhouse and outdoor pool associated with an ALF at a ratio of 1 parking space per 800 square feet, or 25% of the required clubhouse parking standard. Petitioner's Rationale: This deviation seeks to simplify the parking requirements for a clubhouse for group care housing units. The proposed deviation would provide sufficient parking for all potential tenants, tenant visitors and employees of a proposed assisted living facility at a much lower rate of what is required in the LDC because of the limited likelihood of tenants driving and or retaining automobiles on-site to access the clubhouse and pool amenities. It is assumed tenants would be less likely to drive or require parking for a vehicle because the facilities would be pedestrian accessible to them from their units. Therefore the lessening of the parking requirement is justified. 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 is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on November 17, 2011 and because the LDC requires another NIM after a year has passed, a second NIM was held on May 15, 2013. For further information, please see Attachment D: "NIM Summary Notes"prepared by the applicant. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ-PL20110000762, revised on.July 30. 2013. Page 16 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page-2169- 10/22/2013 17.C. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL20110000762 to the Board of County Commissioners (BCC)with a recommendation of approval. Attachments: A. Proposed PUD Ordinance B. Resolution Number 06-03 and Resolution Number 09-213 C. Florida Forestry Services Letter and Wildfire Mitigation and Prevention Plan D. NIM Summary Notes from November 17, 2011 and May 15, 2013 along with an email clarifying the proposed day care land use • Page 17 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 30,2013 Packet Page -2170- 10/22/2013 17.C. PREPARED BY: A/d '2 2a NANCY $1 CH, AICP, PRINCIPAL PLANNER ATE GROWTH • AGEMENT DIVISION REVIEWED BY: A/1 (7-/ RAYMOAVA.NBELLOWS, ZONING MANAGER DATE GROWT AGEMENT DIVISION e = - MICHAEL BOSI, AICP. DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROV BY: NICK C• SALANGUIDA, AINISTRATOR FiAT GROWTH MANAGEMENT DIVISION Tentatively scheduled for the October 22. 2013 Board of County Commissioners Meeting Page 18 of 18 PUDZ-PL20110000762, LIVING WORD FAMILY CHURCH MPUD July 22,2013 Packet Page-2171- 10/22/2013 17.C. Co e-r County MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT HEARING DATE: SEPTEMBER 5, 2013 SUBJECT: PUDZ-PL201 1 0000762, LIVING WORD FAMILY CHURCH MPUD (Consent Agenda) The Collier County Planning Commission (CCPC) heard PUD-PL20 1 1 0000762, Living Word Family Church MPUD land use petition at its August 15, 2013 hearing. The CCPC approved the petition 7-0 subject to the following stipulations (staff notes are in brackets): 1. Remove references to Independent Living Facility Units [within the PUD]. 2. Remove references to the Amphitheater and replace with an Outdoor Pavilion. a. Limit the use of the facility to Christmas and Easter and a Temporary Use Permit shall be required for use during other times of the year. b. Remove the Operational Characteristics on page 4 of the PUD document. 3. Reference a 50-foot setback from residential properties [in the Development Standards footnotes and table]. 4. There shall be a 50-foot setback along Immokalee Road. 5. Define the walls along the Residential property lines. 6. Reference a traffic light provision under the Transportation Section of the Development Commitments. Please see the attached documents: Revised Living Word Family Church MPUD strike thru and underline document and the clean version of the revised PUD. Please note: the CCPC revisions are in the color"yellow." 4.14. Page 1 of 1 PUDZ-PL2011000762,LIVING WORD FAMILY CHURCH MPUD August 23,2013 Packet Page-2172- 10/22/2013 17.C. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 AN AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY (A-MHO) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE LIVING WORD FAMILY CHURCH MPUD; TO ALLOW CONSTRUCTION OF RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS, AN OUTDOOR PAVILION, A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH GRADE WITH A MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER WITH UP TO 200 STUDENTS, ASSISTED LIVING FACILITIES AND CONTINUING CARE RETIREMENT COMMUNITY USES FOR SENIORS AT A .45 FLOOR AREA RATIO AND A MAXIMUM OF 200 BEDS, AND ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.0+1- ACRES; REPEALING THE EXISTING CONDITIONAL USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER 06-03, AS AMENDED BY RESOLUTION NUMBER 09-213; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20110000762] WHEREAS, Tim Hancock. representing Living Word Family Church, Inc., 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. that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 27 East, Collier County, Florida, is changed from an Agricultural Zoning District with a Mobile Home Overlay (A-MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 35.0T/- acre project to be known as the Living Living Word Family Church MPUD Page I of 2 Rev. 8122/13 Packet Page -2173- 10/22/2013 17.C. Word Family Church MPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Resolutions 06-03 and 09-213, which originally granted the owner a Conditional Use (and an extension) to operate a church on property zoned Agricultural (A) are hereby repealed as moot as a result of the PUD establishment. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQUIRE Chairwoman Approved as to form and legality: aN- t0\ ‘1 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Deviations from the LDC Exhibit F- Development Commitments CP\11-CPS-01 112\68 Living Word Family Church MPUD Page 2 of 2 Rev. 8/22/13 Packet Page-2174- 10/22/2013 17.C. EXHIBIT A PERMITTED USES: The Living Word Family Church Mixed-Use Planned Unit Development (MPUD) shall be developed as a mixed use project which may include a mix of limited community facility uses, including but not limited to a religious facility and associated uses, a private school, and assisted living facilities (ALF), and continuing care retirement communities (CCRC) for age 55 plus. The maximum size for the continuing care retirement communities (CCRC), assisted living facilities (ALF), and nursing and personal care services for age 55 plus and similar facilities shall not exceed a floor to area ratio (FAR)of 0.45. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour,two way trips; as analyzed by the traffic study associated with this project. 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: Tract A: Community Facility/Residential (CF/R) A. Principal Uses 1. Child Care Centers, not to exceed 200 enrolled students (Group 8351) 2. Churches and Places of Worship, not to exceed 2,400 seats (Group 8661) 3. (Group 8641) Limited to organizations including Youth Associations (except hotel units), Fraternal Associations and Lodges, Veterans Organizations 4. Elementary and Secondary Schools, limited to kindergarten through 8th grade and 250 students (Group 8211) 5. Assisted Living Facilities (ALF), Continuing Care Retirement Communities (CCRC), and nursing and personal care services (Groups 8051, 8052, except mental retardation hospitals) for ages 55 plus. The total number of beds shall be limited to 200. All uses shall be consistent with operational characteristics stated on page 3 of this document. 6. Essential Services as provided for in Land Development Code (LDC) Section 2.01.03. 7. 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 LDC. Packet Page -2175- 10/22/2013 17.C. B. Accessory Uses 1. Administrative Offices and Educational Facilities to serve the church and school. 2. Pavilion, outdoor. Use of the facility not related specifically to Christmas and Easter shall be subject to temporary use permit conditions as required by the Land Development Code. 3. Ancillary Facilities, limited to power, HVAC and mechanical functions to serve permitted uses. 4. Church operated Thrift Store, not to exceed 5,000 square feet (Group 5932, second- hand retail only), not-for- profit only, limited to 8 a.m. to 6 p.m. daily, with a maximum of 20 operational hours per week. 5. Church operated Book Store (Group 5942) not-for-profit only. 6. Group 6553. limited to Columbarium, at grade level or above ground internment only 7. Community Garden (Groups, 0161, 0171, 0172, 0173, 0174, 0175) 8. Church Operated Individual and Family Social Services (Group 8322), not for profit and limited to the following: (a) Counseling centers (b) Family counseling services (c) Marriage counseling service (d) Old age assistance (e) Outreach programs (f) Relief services,temporary (g) Service leagues (h) Temporary emergency shelters (limited legal occupancy under the fire code) (i) Activity Centers. elderly or handicapped (j) Centers for senior citizens (k) Day care centers, adult and handicapped (1) Senior citizens associations (m) Youth centers 9. Attached or detached residential units, intended to provide Employee/Staff/Retreat Housing, limited to a maximum of 5 units. 10. Personal services, dining, private restaurant/lounge, skilled nursing and other uses incidental to ALF and CCRC uses. 11. Dining hall/private restaurant, incidental to churches and places of worship principal use. Packet Page-2176- 10/22/2013 17.C. 12. Retail sale of fresh, agricultural products, shall be limited to weekends and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 of the LDC. (Group 5431; Vegetable markets and stands only),not-for-profit only. 13. Water Management Facilities/Lakes. 14. Play Areas, Playgrounds and Recreational Facilities in association with Church/School Uses. Playgrounds and play areas in daily use for the school or day care cannot be located within 100 feet of a property developed with residential uses at the time of this rezone. 15. Any other use which is comparable in nature with the foregoing list of permitted accessory uses and is deemed consistent with the GMP, as determined by the Board of Zoning Appeals (BZA)through the process outlined in the LDC. C. Operational Characteristics for ALF, CCRC and Nursing and personal care services for Persons Over Age 55: The developer, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed so that a resident is able to age-in-place. For examples, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Packet Page -2177- 10/22/2013 17.C. FR Tract B: Preserve A. Permitted Principal Uses and Structures in the Preserve(provided the minimum required preserve acreage is retained): 1. Passive recreational areas including recreational shelters. 2. Biking,hiking and nature trails,and boardwalks. 3. Native preserves and wildlife sanctuaries. 4. Water Management Facilities. 5. Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. Packet Page-2178- 10/22/2013 17.C. EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Mixed-Use PUD (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I: DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Maximum Height • Zoned: 35 feet and 2 stories 35' and 2 stories • Actual: 42 feet' and 2 stories 42' and 2 stories Minimum Floor Area 1,000 square feet Maximum Floor Area Ratio 0.453 Minimum Building Setbacks • Immokalee Road 50 feet 50 feet • Moulder Drive 30 feet/50 feet' 25 feet • All other adjacent property lines 30 feet 25 feet • Minimum Distance Between Structures 15 feet 10 feet • Internal Drives 15 feet from the edge of 10 feet pavement • Lake2 20 feet 20 feet • Preserve 25 feet 10 feet SBH = Sum of Building Heights 1 — Actual height for a permitted church steeple or bell tower only shall be 47 feet. 2— Lake setbacks are measured from the control elevation established for the lake. The setback from the lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. 3— Including all uses under Principal Use#5. 4— Measured from the property line unless 30 feet as required by the adopted wildfire management requirements contained in this document. 5— Applies to the proposed PUD development located adjacent to existing neighboring residential dwellings, external to this PUD along Moulder Drive. Note: Nothing on this table or in this PUD shall operate as a deviation to the LDC unless it is listed on Exhibit E of this document. Packet Page -2179- 10/22/2013 17.C. ZONING A-(MHO)-CONDITIONAL USE I 'Yea LAND USE RESIDENTIAL/RECREATION I I I 2r, OZ 1.:'..':.:.:.:.:.: '-',13','•,'.a 2 .6..... • , • • • 11 092V± c.) .. . • F•F,,- = 0 ,'---5 T,e.•■ )2. 1, .'. .•.'.'.•.•.: m 6 r•'' 1 > M X . ..•,,. ,. ...,... < ,... 7,....i. * „ : .. 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EXHIBIT D LEGAL DESCRIPTION: PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226 AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. PARCEL 3: THE EAST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30 FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT-OF-WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER(NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS. ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Packet Page-2182- 10/22/2013 17.C. TOGETHER WITH Asto THE NORTH 20 FEET OF THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE- QUARTER(NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874. PAGES 1750-1753) Packet Page-2183- 10/22/2013 17.0. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC/GMP: 1. Deviation #1 seeks relief from LDC Section 4.05.04.G which requires clubhouse structures to provide parking spaces at a ratio of l parking space per 200 square feet and swimming pools to provide parking spaces at 1 per 75 square feet for the first 1,000 square feet and 1 for each additional 125 square feet of water areas. The alternative proposal will allow parking for a clubhouse and an outdoor pool associated with an ALF at a ratio of 1 parking space per 800 square feet, or 25%of the required clubhouse parking standard. Packet Page-2184- mow 10/22/2013 17.C. EXHIBIT F DEVELOPMENT COMMITMENTS: ENVIRONMENTAL 1. Required preserve area per sec. 6.1.2.a of the conservation and coastal management element: 40%of the native vegetation present, not to exceed 25% of the total site area 2. Preserve calculation (not to exceed 25%of the total site area): Native Vegetation—22.96 ac. x 0.40=9.18 ac. or Total site area 35.6 ac x 0.25 = 8.9 ac 3. The property owner and or their assigns may reduce the on-site preserve by 1.59 acres (Tract B2) in accordance with Section 6.1.2(7)a.1 of the Conservation and Coastal Management Element where an off-site mitigation preservation may be permitted at a ratio of 1:1 if said off-site mitigation is within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 4. Native plantings in all three strata shall be required to be added to the preserve areas where there is removal of non-native and/or nuisance vegetation. Any areas previously cleared shall be re-created with the aforementioned native planting in all three strata. This includes, but is not limited to the area of preserve area connecting Tracts BI and B2 as shown on the master plan. A planting plan shall be submitted at the time of application for plat or site plan approval following the approval of the rezone. TRANSPORTATION 1. Access to this parcel shall be limited to ingress and egress access points per the master concept plan (Exhibit C). The direct access point on Immokalee Road is limited to a right in, right out function. 2. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study associated with this project. 3. For services and other periods and events of significant traffic generation, as determined by Collier County Transportation Staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County Transportation Staff, with staffing and locations(s) as directed by the County Manager or his designee. Packet Page-2185- 10/22/2013 17.C. 4. The developer, or his/her assigns, shall agree to contribute their proportionate share payment toward the at-grade intersection improvements currently planned by the County at the intersection of Immokalee and 951. Payment shall be required as part of any subsequent development order that adversely impacts or causes failure at the intersection. Any payment shall be considered site related. 5. Should a traffic signal meet signal warrants for installation at the intersection of Immokalee Road and either Rivers Road or Moulder Drive, the developer, or his/her assigns shall agree to contribute their proportionate fair share payment of the costs of signalization. Any payment shall be considered site related. PUBLIC UTILITIES 1. Water distribution, sewage collection and transmission facilities serving the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance 2004-31 as amended, and other applicable County rules and regulations. 2. The applicant has conveyed to Collier County a well-site easement located in a previously impacted area in the southeast portion of the subject property. The easement measures approximately 50 feet by 70 feet and shall be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Living Word Family Church, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Packet Page-2186- 10/22/2013 17.C. WILDFIRE PREVENTION AND MITIGATION PLANNING 1. Access—All vehicular access points and all drive aisles shall provide adequate width and turning radii to accommodate emergency vehicle access (including largest fire trucks), and provide access to all structures and parking areas located on-site. 2. Vegetation — Florida Forest Service may conduct wildfire mitigation and community outreach in areas of greatest wildfire concern; structure setbacks will provide a 30 ft. defensible space around the site; principal structure setbacks will provide greater than a 25 ft. defensible of space from the on-site preserve area, and; non-highly flammable vegetation/landscaping is encouraged in this preserve setback area; setbacks from outlets for/connections to ground well or water tank (if subterranean), or around water tank (if surface), and around fire hydrants will provide a distance of 25 feet defensible space; landscape buffer plantings shall be limited to those listed in Florida Forest Service publications and plant density to follow crown (tree top) spacing guidelines. The following plants are prohibited from required landscaping and landscape buffers: Saw Palmetto, Wax Myrtle, Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and Gallberry; and,the following plants are prohibited on the site: Red Cedar, Arborvitae and Italian Cypress [because detrimental to seniors/forms of senior living facility]. 3. Fire protection —A ground well or water tank shall accommodate fire protection during development and until the site is connected to Collier County water system. Once the site is connected to Collier County water system, the on-site fire protection system shall include at least two (2)pressurized fire hydrants. 4. Other factors — Dry detention areas located around the perimeter of the subject property shall be designed, constructed and maintained to serve as wildfire barriers. EMERGENCY PREPAREDNESS PLAN An Emergency Preparedness Plan (EPP) for an ALF shall be submitted at the earliest development review stage. Packet Page-2187- 10/22/2013 17.C. • RESOLUTION NO.06- 03 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA. PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE PURSUANT TO SECTION 3.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR THE PROPERTY TO BE USED FOR A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT, FOR A 18.1-ACRE PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 67-1246. Laws of Florida,and Chapter 125,Florida Statutes,has conferred on Collier County the power to establish,coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS,pursuant thereto the County has adopted a Land Development Code (Ordinance No.04-41,as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of panicular geographic divisions of the County, among which is the granting of Conditional Uses;and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the proposed Conditional Use,allowed by Section 2.04.03,Table 2 of the Collier County Land Development Code, in the Rural Agricultural (A) zoning district to be used for a Church Facility on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code;and WHEREAS,all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of Collier County,Florida,that: The petition filed by Laura Spurgeon of Johnson Engineering representing Living Word Family Church with respect to the property described as the West'/of the East' of the West 1/2 of the Northeast 1/4 less the South 10'thereof and the North 10'thereof for road right-of-way of Section 30,Township 48 South,27 East,Collier County,Florida, less and except the right-of-way of Immokalec Road(County Road 846)as recorded in Official Records Book 3252,Page 230 of the Public Records of Collier County,Florida, further described as Folio number 00214920002,be and the same is hereby approved for a Conditional Use allowing a Church Facility,as allowed by Section 2.04.03,Table 2 of Page 1 of 2 A 4+.+.+4,,++.,.,+ Packet Page-2188- • 10/22/2013 17.C. the Collier County Land Development Code in the Rural Agricultural(A)zoning district in accordance with the Conceptual Master Plan(Exhibit"B").subject to the conditions set forth in Exhibit"C",which is attached hereto and incorporated by reference herein. This Resolution adopted after motion, second and super-majority vote. this /(. t day of r el d( ,2006. BOARD OF ZONING APPEALS COLLMFR COUNTY,FLORIDA • Fred W. Coyle .Chai ATTEST: DWIGHT E.BROCK.CLERK By:,. .t' ' .�! . ti. I,coe • '4 i7,e. tyv Clerk Attest-as to Chit Irian's Signature oal• Ap. . o form and leg s le it .i.. arAlfilf Jeff 4,y A. tzkow Asst tant C my Attorney CU-2X5-AR-7749/nwhp Page 2 of 2 Packet Page-2189- 10/22/2013 17.C. FINDLNG OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the I-and Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control,and access in case of fire or catastrophe: Adequate ingress&egress Yes L/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or //Affect mitigated by >(�3e. ,gyp u,v llkaifj2 Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, this conditional use should,with stipulations,,(copy attached)be recommended for approval to the Board of Zoning Appeals. — DATE: it. t ' 7 CHAIRMAN: EXNtsrr A Packet Page-2190- 10/22/2013 17.C. II Ii0.401---TrLEE ROAD I ----- ---ri........„ „, )1 1 !I 'r. i i i • 4 - ID I 1 t,'il ; ; I ''S A A A $ $ $ g ...2.., ,...;,.. I r,•I •: t 1 -1 1 I 11\. 1 1 • . t ,./ Ili r .1.,:' rz •• i :....., r, . ....:v. i iii I '' —. 1 ' 1 5 i A Ili i 01 Fi;' ail NI, r If 41 ,,:trr:I Iird I 1Ti I - it I •-•- ', ..‘‘ j E '.4---, : ;.1\‘‘' 5°4 4 k • Tit r,ffflpromiA , 1. D0100 i r k I 1 1 ) E , • it if r' s at T: Iii ; ' s . III ,, .. . 11 ' ' 5:i --' I eAz ■I = ).. un c P .-2 A 1 . I --- i I ? 1 1 1 ! % 2 . . e 1 I CD 1 i $ I i4 ; ; ;i ... 4............. I ARAA 4 .° 4 =: COLLIER COUNTY, JOH N ( N 2350 STONFOID awn 'OREL fLOPJOA 1.12 LIVING WORD FAMILY CHURCH CONCEPTUAL SITE PLAN FLORIDA ....e t330)43.-0133 ENGINEERING as.exias I ..... 1 3-..-17 Packet Page-2191- 10/22/2013 17.C. CONDITIONS OF APPROVAL CU-2005-AR-7749 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Living Word Family Church Conceptual Site Plan," prepared by Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time, of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code,Ordinance 04-41,as amended. 3. The project must obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 4. The applicant will provide,at the County's request, a wellsite easement located in a previously impacted area in the southeast portion of the subject property measuring approximately 50 feet by 70 feet, to be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. 5. Services will be limited to evenings, weekends and holidays until the Immokalee Road (CR 846) widening project is complete from Wilson Boulevard to Collier Boulevard(CR 951). 6. No day care facilities are approved as a part of this Conditional Use petition. EXHIBIT "C" CU-2005-AR-7749 Packet Page-2192- 10/22/2013 17.C. RESOLUTION 09- 21 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PEIT11ON NO. CUE-2008-AR-13803, PROVIDING FOR THE EXTENSION OF A CONDITIONAL USE ALLOWING A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO), FOR AN 18.31-ACRE PROPERTY LOCA't ].) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on counties the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County, pursuant thereto, has adopted a Land Development Code (Ordinance No. 2004-41, as amended) (LDC), which includes a comprehensive zoning ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting and extending of conditional uses; and WHEREAS, on January 10, 2006, the Board of Zoning Appeals enacted Resolution No. 06-03, a copy of which is attached hereto as Exhibit A, granting a conditional use pursuant to Section 2.04.03, Table 2 (currently codified as Section 2.03.01.A.1.c.7), of the LDC, to allow a church facility in the Rural Agricultural zoning district with a Mobile Home Overlay (MHO), on property described in said Resolution; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public meeting after proper notice, and has considered the advisability of allowing the requested one-year conditional use extension, pursuant to Section 2.03.01.A.1.c.7 and Section 10.08.00.E.3 of the LDC; and Page 1 of 2 Packet Page -2193- 10/22/2013 17.C. WHEREAS, Section 1 0.08.00.E.3 of the LDC provides that the Board of Zoning Appeals may grant one one-year extension of an approved conditional use; and WHEREAS, all interested parties have been given opportunity to be heard by the Board in a properly noticed public meeting, and the Board has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that: Petition CUE-2008-AR-13803, filed by Laura DeJohn, AICP of Johnson Engineering, representing Living Word Family Church, Inc., is hereby approved, allowing a one-year extension of the conditional use approved by Resolution 06-03, in accordance with the conceptual site plan and subject to the conditions set forth in said Resolution. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and super-majority vote, this 1 5Th day of S.iktmbtr ,2009. Al PEST: r BOARD OF ZONING APPEALS ",,,,.,:�, DWIGHTt:BROdk.,6LERIK COLLIER C ,FLORID "lIJJ►►'- -,• e. ...., a,.. .)7'•,• • Clerk DONNA FIALA, Chairman sivIttvri Approved as to form and legal sufficiency: it A ( (0 eidi Ashton-Cicko Assistant County Attorney Exhibits attached: A. Resolution 2006-03 CP108-CPS-00887110-HFAC Page 2 of 2 Packet Page-2194- 1 10/22/2013 17.C. = z E 2 W ° a — < CO O O 0 2 Q T 3nIaO a30lnOW �— € Q U 2 O u z W C9 Q m Z a ; m m 0• > 6 N u y N Z a a v o it IX re - OVOl Sa3n18 0 41 Q U > W Y O U Z O -4 N CO N- 1 O p a x a a ¢ p z o N J a 3N35 Ol ION Q D a it L 0 ...„ 0NVA3l(lOB NOSIIM i — ONVA3l(109 NOSIIM —171 2 O GG F- w 62 6 N N°R W. .�.- :le. �3k a Si ea3 <i g P93� 3 W t ti UO { 8 W — CC U e e Pc EL 0 R \ f.^. 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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collierclov.net PRE-APPLICATION MEETING NOTES 7 PUD Rezone (PUDZ) \- PUD to PUD Rezone (PUDZ-A) TI PUD Amendment (PUDA) PL# 20( — 07(6)2, 7)0 ,-, 1 Date: 1\1' \I Time: k I/III v i,Firm: Project Name: (V C)\R,Ir( V \,1?(V Size of Project Site: 27)(47nacres Applicant Name:c XI% l.) .__r)--2CANCN'AL\0(1,46Th \C`C • Phone: i Owner Name: (.. (3\- cki-,;, Q\c\t.x.1 \c\c Phone: \ ,....5\ Owner Address: J-----,-,Uty ___State) ....-- Z1133CIII9 Existing PUD Name and Number \YA 1A)WITef) wi) ed- 116, eir(c6v1( Assigned Planner 1(A.0 V q (it OA\ICV\ CUE'• (t) j(Dt.-613-2A3 Meeting Attendees: (attach Sign-In sheet) Meeting Notes (.-Ce•Se -t'- q(Ar4/sli 1`3G --- . 1 ( IS co)tte-e_i?tr)f. AJ eTT 0"1 -6.-rips , 6-,htc.. si-0-0-1.-1 - 4/9 144-- --rf-)■, f .---) is,(7 NIPlaNr\l'in,-- — 4::\((zs_s- al 5 -r I 5,...1:62rrer,t Poltr-r2s--, r),-,i 7 h (1--,L.1,45 , ac / .-_--/.:,.._ ,,--, .7/4., it,,--) "Lc 6 4'11::,.1:4 e--( A,''1--C .'"),"' ,. ,,,: ', „ I S' -)I e ■ ,-,.., 4 4( 'i e/L11 1 1 St1 i ) i. e''. e -I ,,i-,:i 1)„, , c Zs, I _, /„- / t'l ,,, 1-,_ 50,....-c. C.k., ...,- L-- 1---' Fre. Cocces: At is-.,A.e..3. e...,rri.. 17-.15_ --g,,,_ .,..„...12imt,.. ._-f 4,-74 fzep refaArge. -e - o.",t --Rm pl-61-€.0tic., co,.....e_clici,.1 ct-ci 7C--iv-,Pe. Col..4-7 te,-,d/lev— giotrirvt.,..7 e eA,?1,1- 714e_prt Packet Page-2198- rere$we /zr a-or "ve..A., 10/22/2013 17.C. Coifier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE A*" GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIREp STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) X Copies of detailed description of why amendment is necessary K Completed Application (download from website for current form) ?` PUD Document&Conceptual Site Plan 24"x 36" and One 81/z" x ❑ 11" copy Revised Conceptual Site Plan 24"x 36"and One 8 1/2" x 11" copy ❑ Original PUD document and Master Plan 24"x 36" ❑ ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru &underlined ❑ Revised PUD document w/amended Title page w lord#'s, LDC U \ 10.02.13.A.2 x Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 X List identifying Owner& all parties of corporation 2 Owner/Affidavit signed&notarized 2 X Covenant of Unified Control 2 Completed Addressing checklist 2 n Environmental Impact Statement (EIS) * or exemption justification 2 '/ Digital/electronic copy of EIS (copy for Planner &Environmental) 2 Historical Survey or waiver request 4 Utility Provisions Statement w/sketches 4 A. Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver(with applicable fees) 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes,Legend, and project boundary 5 Packet Page -2199- 10/22/2013 17.C. Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Electronic copy of all documents in Word format and plans (CDRom 1 or Diskette) Justification/Rationale for the Deviations (must be on a separate ❑ -� �% sheet within the application material;DO NOT include it in the PUD 1 — � G documents) 1� Copies of Official Interpretations and/or Zoning Verifications 1 '`c C' /V-i School Impact Analysis Application (residential components) 2 ec . %rivivn 1 set for School District (residential components) �, w �4'Q Affordable Housing or Economic Development Council Projects: EDC "Fast Track"must submit approved copy of official application 2 ❑Affordable Housing"Expedited"must submit copy of signed Certificate of Agreement. >( "If project includes an Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# E Deltona [, Lely Barefoot Beach [I] Port of the Islands Interlocal Route package to: The Conservancy, Attn: Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 IA If located in RFMU (Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry,@ 239-690-3500 for information regarding "Wildfire Mitigation &Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. C If located within 1/2 mile of City of Naples, send copy of submittal package to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Forward any comments to the assigned planner prior to the due date. SCHOOL DISTRICT PARKS & REC-Sid Kittila SUPERVISOR OF ELECTIONS City of Naples-Robin Singer DR/EM1 -EMER.MGMT-Jim Von IMMOKALEEWA'I'ER/SEWER Rinteln /\ DISTRICT The CONSERVANCY,Nichole Ryan Utilities Engineering-Zamira Deltoro x Packet Page-2200- -- 10/22/2013 17.C. Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Fees Application Fee: pp (� A .$10,000 (PUD Rezone)+ $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) +$25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) Z Fire Code Review-el PUD Rezone$150,PUD to PUD Rezone$125, PUD Amendment$125 $2,250.00 Comprehensive Planning onsistency Review © - $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. $925.00 Legal Advertising Fee for CCPC meeting Fl $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). X❑] $2500.00 Environmental Impact Statement review fee `© $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning &Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology Meeting Fee Total $ Packet Page-2201- 10/22/2013 17.C. Co tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location,time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. Packet Page -2202- S • 4 10/22/2013 17.C.... ,_ --, g ‘,‘i y.„,„ : a t 7' .:4, 0 3 1 6- tu ? _ °' s e) .3 . R 0 0 0 c --;") 0 - u tu 0 - W a /T E --,=; 6 o x IT 73 t;k7-z`� 1•••• `c , Q' flo (0 Q `4 1 :� r LU o .. ? O cam( -� * ` N -a �, N N .. 4- c Mi L -(^{ CD „,, -4-4 _cs ra.. ct 4 cp a • Lo CO 5 Er- 0 q” cs •-, (..1.0" '5 a .- 0 _ _ 2. 1 7.1•4 >•• p er F. . co j j (.• a_ 6 .- _,v.A,1 r- s p Li- 0 Q Eu j �> -a 3 i CA --- ' i'M ' i \t,. c f v tr z � ce I s � . i 4 ILI Z t/ � J a N Q L o to` ` - W -1 a 3 r 1 § A ._..__, if . L. Q �i Packet Page-2203- From:Davidson Engineering 239 434 BOB4 04/22/2011 11;14 1181 10/22/2013 17.C. Co e1r County COLLIER COUNTY GOVERNMENT 2500 NORTH HORSESHOE owe— - GROWtH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104. PLANNING AND REGULATION (239)2S22401) FAX (234252.4724 yvWw.COLUERGOV.NET• • ADDRESSING CHECKLIST• • Please complete the following and fax to the Operations Department at 230-252-5724 or submit in person to the Addressing Department at the above address. • n u at NE, • •u=e b -•• e-a,• •_ :.•11:,... !.t• • •L application meetino.please allow 3 dave for*rooming, • Not PROVIDED.all Items apply to every than project.onths Items willrequiiret addditional revviieuw and approval by the Addressing Addressiing Department. • • PETITION TYPE(Indicate type below,complete•a separate Addressing Checklist for each Petition type) , ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SOPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) • ❑ CU(Condttianal Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) B PNC(Project Name Change) ❑ TDR(transfer of Development Rights) PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) .❑ VRP(Vegetation Removal Permit) ® PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ R(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) SECTION 30/TOWNSHIP 48/RANGE 27 -- PCx-ceis 1' 04- 1 3.4-1 GS d 0 FOLIO(Property ID)NUMBER(a)of above(attach to,or associate with,legal description if more than one) • 00214920002; 00216720006; 00218440009; 00218040001 • STREET ADDRESS or ADDRESSES(as applicable,If already assigned) • LOCATION MAP must be attached showing exact location of projectlsite in relation to nearest public road right- of-way • • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) •• LIVING WORD FAMILY CHURCH PROPOSED STREET NAMES (If applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR# Packet Page -2204- From:Davidson Engineering 239 484 6084 04/22/2011 11:14 48 10/22/2013 17.C. :7 ti1 Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE.'. GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104_,• PLANNING AND REGULATION (239)252-2400 FAX (238j`25'2.5124 WWW,COLLIERGOV,t4ET Project or development names proposed for,or already appearing in,condominium documents(If application; Indicate whether proposed or axle-Ling) Please Check One: ❑ Checklist Is to be Faxed back ❑ Personally Picked Up APPLICANT NAME:JESSICA RAMOS. DAVIDSON'ENGINEERING PHONE 239-434-6060 FAX 233-434-6084 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department FOR STAFF USE ONLY FLN Number(Primary) D C>Z.1 4 1 2( o C Z Folio Number C)Cr Z-1('1 Z C~o Folio Number 00 ?--\q LACurbov9 Folio Number C)0 p c,o cow Approved by vN,_ 0._e•-% Date: Updated by Date:_ IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • Packet Page-2205- 10/22/2013 17.C. _ ,....... --‘• _-.L...,---.1:1-7,7=-7"--- . - - . *1* -------_- -- ,, _______.... ------- ii,--- •-----."--- : -''''..„-Ir------,,,-.::,-c.,,..„:„..,1,=.r-77..._.• -:-.:: --....„_- '..t.. ------a7: ---•:•-,..t * •--.,-,---,.1,,,,.. .1.=--7..,--‘'-',,,,„1,.4....••-r•-•.,„„,,,,,,,,,_,,,,,,___ _....._-'7X------;-!•---7,- IMMO ...,:_______.7........7.-T. --;-- '-"--- ''c -."--4s•-•-',-;',--•: -.7' —iv"- - ---;...;----7777-4-- ,..-_,-,774,-,- „ -„,..7„4,_ AI -7.1 .,,,,,:, ..,.. ,:... . . ,„.... 4..!. ,... . 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P ......,.V.44... .:,..•':,4,,TP ',',.P., „'• ,..i.,:„.'i.....' :„.-...".2.•:' '•:°.• • . . ,s,: ,--•••., .. - LEGEND 0 . ,:,.,10,. ''' ., ,.."-......,1 , if' ..,A:, `:, '..r.....'.'"----''1'7'.'. . -•.. - ' ' IM SUBJECT PROPERIT 1 '‘'-' ' : .firD1 - ,:,- --:----600 - , .-— ..--- ... ., ‘ .::.,• --:-' 4,F-i.„tw t 4,... .. .• =MU=ITZ latl.111113C11=11C.MPIJS „ - e •• • ; • ...1.PEPPE71 '- ' 'PP - 1..•'* "."44,„---.L.•P•— ... '' ',X,. =n.U.P.-E.M.P.4$,.......2' :Jr... .I • DAVIDSON ENGINEERING,INC. WORD :..R.1.1=S:1.11.....C4TURP:.ED.CYPItESZ ,=.7,11.117..111::0;=TIMED MITIAGE$0$1.WMP.1.41.1. 1111: E 3530 Kraft Road,Suite 301 LIVING MAFCgG ..,., Naples,FL 34105 DAVIDSON Phone 239-434-6060 FLUCCS ,N.,..4. Packet Page-2206- From: 11/20/2012 16:47 #072 10/22/2013 17.C. iev COUr ity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)262.5724 ytryiBflgOLLIERCOMI t.( r i 1 . Shr� ;... n, l Y " ,1• a`7 G t FP v �5 hM r • % ,rr " r 0 b 4; t'�t ' 1 S ,y 3 ,, t!• p. A "G. v �yy{r r•1`4., a k'• J n9j; if 1L,14A{Wly i'1iSr Yliq} kitr rN wti !rtv � R Y ilY," y', .uM ,'g'i,. .fr. ,_, ihi..•:°•,�i.. ..5°rstt�t?r.air;k:l�t, ..o1rr t,?•�'�t.• �;�e,..nr.r a:m:,,wru t'S..iV�a.�at;`.'��. 'rr. Please complete the following and fax to the Operations Department at 239-252.8724 or submit in person to the Addressing Department at the above address. F•rat u _ be sit, • • d• _= , r. .- n e •i• • :1 gpplioaftmeeilna.alease allow 3 dave for aoesshlg ro . Not all Items will apply to every project. items in bold type are required, POLIO NUMBERS MUST BE PROVIDED. Forms older than 8 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ EL(Blasting Permit) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) SDPA(SDP Amendment) ❑ Carnival/Circus Permit SDPI(Insubstantial Change to SDP) (] CU(Conditional Use) SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPM(Insubstantial Change to SIP) ❑ FP(Final Piet SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) SNC(Street Name Change--Unpiatted) ❑ PNC(Project Name Change) TOR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) • PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ R2(Standard Rezone) ❑ OTHER._.._. rrr ► "VINMr1110r1A NIIIIIRMIERIPMENEMMINORE LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) SECTION 3 0/TOWNSHIP 48/RANGE 27 • +-e e:-s ( • 1 Li'r 1 • t Ci, t•4-r C O/ C a 4 $O FOLIO(Property ID)NUMBER(*)of above(attach to,or associate with, leget description if more than one) 01_.1492000 • / 216720006. 00218440009' 0021:4 0401 .1.21796000 00 080006 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) tak • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of•way • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) LIyING W_ORD FAMILY CHURCH PROPOSED STREET NAMES Of applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP ar AR# r>>> Packet Page-2207- From: 11/20/2012 16:47 #072 10/22/2013 17.C. Co r Cowttty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.CDLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(If appllcatiOn; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME:JESSIC RAM._OS DAVIDSON ENGINEERING PHONE 239-4.34-6080 FAX 239-434-6084 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) Co '2•-1 Ur Z.-bc'`>2— Folio Number, C3 Ca ▪ La 46 b a o Folio Number, d is 1-4 to, Z C)C)C Folio Number C b o• f e3 t C, cg t c>r›© I Cg, z i g, tseur Co Lag Approved by: )lfrtrLA.4 / t.-tr* A.+.1'1 Date: I / " mac.., t -- I Z Updated by: .. Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page-2208- 10/22/2013 17.C. 99nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR: AMENDMENT TO PUD (PUDA) X PUD REZONE (PUDZ) PUD TO PUD REZONE (PUDZ—A) PETITION NO To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) LIVING WORD FAMILY CHURCH, INC. ADDRESS 7550 MISSION HILLS DRIVE, SUITE 314 CITY NAPLES STATE FL ZIP 34119 TELEPHONE # (239)348-7400 CELL# FAX #(239)348-0400 E—MAIL ADDRESS: PASTORPAUL @NAPLESCHURCH.COM NAME OF AGENT TIM HANCOCK, AICP, DAVIDSON ENGINEERING, INC. ADDRESS 3530 KRAFT RD, SUITE 301 CITY NAPLES STATE FL ZIP 34105 TELEPHONE # (239)434-6060 CELL# FAX # (239)434-6084 E—MAIL ADDRESS: TIM @DAVIDSONENGINEERING.COM Revised May2010 Packet Page-2209- 10/22/2013 17.C. CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774 NAME OF HOMEOWNER ASSOCIATION: PLEASE SEE THE ATTACHED LIST, LABELED ATTACHMENT "A" MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Revised May2010 Packet Page-2210- 10/22/2013 17.C. Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership Living Word Family Church, Inc. - Board of Directors: 100% Rev. Paul Foslien President Vice President & Rev. Maria Foslien Secretary Rev. Tony Cooke Director Rev. Jane Hillman McDonnough Director 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 % of Ownership Revised May2010 Packet Page-2211- 10/22/2013 17.C. Co rev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net 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 % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Revised May2010 Packet Page -2212- 10/22/2013 17.C. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net g. Date subject property acquired See Attachment "B" for List leased Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 30 / 48 / 27 Lot: Block: Subdivision: Revised May2010 Packet Page-2213- 10/22/2013 17.C. Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net Plat Book Page #: Property I.D. #: 00214920002. 00216720006. 00218440009. 00218040001 . 00217960001 , 00215080006 Metes & Bounds Description: Please see Legal Description, labeled as Attachment "C" Size of property: Varies ft. X Varies ft. = Total Sq. Ft. Acres+/- 35.6 Address/general location of subject property: 2.46 miles west of Wilson Blvd, immediately South of Immokalee Road PUD District (LDC 2.03.06): Residential Community Facilities Commercial Industrial Revised May2010 Packet Page-2214- 10/22/2013 17.C. Co ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net ADJACENT ZONING AND LAND USE Zoning Land Use Immokalee Rd /Twin Eagles Golf& N ROW/A-MHO Residential Undeveloped & Single Family S A-MHO Residential Moulder Drive/ Undeveloped & E A-MHO/ ROW Developed Residential Undeveloped Residential, Church & Single W A-MHO Family Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the A-MHO and Conditional Use (Resolution No. 2009-213) zoning district(s) to the MPUD zoning district(s). Present Use of the Property: Church, Vacant, Single- Family Residential Proposed Use (or range of uses) of the property: Church & Associated Uses, Assisted Living Facility (ALF) Original PUD Name: N/A Ordinance No.: N/A Revised May2010 Packet Page-2215- 10/22/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 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. Please see Attachment "D" for the PUD Rezone Considerations. 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. Please see Attachment "D" for the PUD Rezone Considerations. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Please see Attachment "D" for the PUD Rezone Considerations. 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. Please see Attachment "D" for the PUD Rezone Considerations. Revised May2010 Packet Page-2216- 10/22/2013 17.C. 9 ! cntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see Attachment "D" for the PUD Rezone Considerations. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see Attachment "D" for the PUD Rezone Considerations. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see Attachment "D" for the PUD Rezone Considerations. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal 'uek : application of such regulations. Please see Attachment "D" for the PUD Rezone Considerations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? Yes No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes Fl No If so, please provide copies. Revised May2010 Packet Page-2217- 10/22/2013 17.C. Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Revised May2010 Packet Page -2218- 10/22/2013 17.C. Co rev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR P1'10 REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) LIVING WORD FAMILY CHURCH. INC. ADDRESS 7550 MISSIONS HILLS DRIVE, SUITE 314 CITY NAPLES STATE FL ZIP 34119 TELEPHONE# (239)348-7400 CELL# FAX # (239)348-0400 E-MAIL ADDRESS: PASTORPAUL @NAPLESCHURCH.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2421 Moulder Drive, 2000 Ramsey ST, 2025 Rivers Rd, 10910 Immokalee Rd LEGAL DESCRIPTION Section/Township/Range 30 / 48 / 27 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00214920002. 00216720006. 00218440009. 00218040001. 00217960001, 00215080006 Metes & Bounds Description: Please see the attached Legal Description. Labeled as Attachment "C" TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM Revised May2010 Packet Page -2219- 10/22/2013 17.C. Co 1ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net a. CITY UTILITY SYSTEM n b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPD capacity) d. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: Varies PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 314,800 GPD AVERAGE DAILY 78.700 GPD B. SEWER-PEAK 314.800 GPD AVERAGE DAILY 78.700 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved Revised May2010 Packet Page -2220- 10/22/2013 17.C. Co ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. 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. Revised May2010 Packet Page -2221- 10/22/2013 17.C. r CO eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION ' (239)252-2400 FAX (239)252-6358 www.colliergov.net AFFIDAVIT We/I, Paul Foslien as President of Living Word Family Church, Inc. being first duly sworn, depose and say that we/I am/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. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As pro.- ow,er , e/I further authorize Davidson Engineering. Inc.to act as our/my representative in • y ma - r-,gafiding this Petition. r .0114....: ature •f Property Owner Signature of Property Owner Paul Foslien as President of Living Word Family Church, Inc. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing ins�jjument was acknowledged before me this 7 9- day of Avem��, 200 vi, by 1114 ro-S1i'ft'i who is personally known to me or has produced CL DG as identification. State of Florida ( ' natur of Notary Public—State of County of Collier lorida) (Print,Type, or Stamp Commissioned Name of Notary Public) ,,c .410 4 ANNE-MARIE POIRIER tri4) Notary Public-State of Florida My Comm.Expires Mar 31,2015 Commission•EE 75506 Revised May2010 Packet Page-2222- 10/22/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Living Word Family Church 10910 Immokalee Road Naples,FL 34120 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for mixed planned unit development(M PUD)zoning. We hereby designate Davidson Engineering,Inc., 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. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards,and conditions of the planned unit development,seek equitable relief as necessary to compel compliance. The County will n.9t issue permits,certificates, or licenses to occupy or use any part of the planned unit development and-tlte- untimay stop ongoing construction activity until the project is brought into compliance with all terms, ondit' nsnd saffuards of the planned unit development. Owner Owner Paul Foslien President of Living Word Family Church, Inc. Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to(or affirmed)and subscribed before me this 27 day of NO rem f ,200 12 by raw f-0,511-01 who is personally known to me or has produced rj-k, DL as identification. / .. N ary P " am 41.^1: ANNE-MARIE PWRIER �� VB i (AA Notary Public-State of Florida Revised May2010 My Comm.Expires Mar 91,2015 Vt:".; 10/22/2013 17.C. EXHIBIT A PERMITTED USES: The Living Word Family Church Mixed-Use Planned Unit Development (MPUD) shall be developed as a mixed use project which may include a mix of limited community facility uses, including but not limited to a religious facility and associated uses, a private school, and assisted living facilities (ALF), and continuing care retirement communities (CCRC) for age 55 plus. The maximum size for the continuing care retirement communities (CCRC), assisted living facilities (ALF), and nursing and personal care services for age 55 plus and similar facilities shall not exceed a floor to area ratio (FAR) of 0.45. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study associated with this project. 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: Tract A: Community Facility/Residential (CF/R) A. Principal Uses 1. Child Care Centers, not to exceed 200 enrolled students (Group 8351) 2. Churches and Places of Worship, not to exceed 2,400 seats (Group 8661) 3. (Group 8641) Limited to organizations including Youth Associations (except hotel units), Fraternal Associations and Lodges, Veterans Organizations 4. Elementary and Secondary Schools, limited to kindergarten through 8th grade and 250 students (Group 8211) 5. Assisted Living Facilities (ALF), Continuing Care Retirement Communities (CCRC), and nursing and personal care services (Groups 8051, 8052, except mental retardation hospitals) for ages 55 plus. The total number of beds shall be limited to 200. All uses shall be consistent with operational characteristics stated on page 3 of this document. 6. Essential Services as provided for in Land Development Code (LDC) Section 2.01.03. 7. 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 LDC. Living Word Family Church MPUD Revised:August 21,2013. Page 1 of 13 Packet Page -2224- 10/22/2013 17.C. B. Accessory Uses 1. Administrative Offices and Educational Facilities to serve the church and school. 2. Pavilion, outdoor. Use of the facility not related specifically to Christmas and Easter shall be subject to temporary use permit conditions as required by the Land Development Code. 3. Ancillary Facilities, limited to power, HVAC and mechanical functions to serve permitted uses. 4. Church operated Thrift Store, not to exceed 5,000 square feet (Group 5932, second- hand retail only), not-for- profit only, limited to 8 a.m. to 6 p.m. daily, with a maximum of 20 operational hours per week. 5. Church operated Book Store (Group 5942)not-for-profit only. 6. Group 6553, limited to Columbarium, at grade level or above ground internment only 7. Community Garden (Groups, 0161, 0171, 0172, 0173, 0174, 0175) 8. Church Operated Individual and Family Social Services (Group 8322), not for profit and limited to the following: (a) Counseling centers (b) Family counseling services (c) Marriage counseling service (d) Old age assistance (e) Outreach programs (f) Relief services, temporary (g) Service leagues (h) Temporary emergency shelters (limited legal occupancy under the fire code) (i) Activity Centers, elderly or handicapped (j) Centers for senior citizens (k) Day care centers, adult and handicapped (1) Senior citizens associations (m) Youth centers 9. Attached or detached residential units, intended to provide Employee/Staff/Retreat Housing, limited to a maximum of 5 units. 10. Personal services, dining, private restaurant/lounge, skilled nursing and other uses incidental to ALF and CCRC uses. 11. Dining hall/private restaurant, incidental to churches and places of worship principal use. Living VVord Family Church MPUD Revised:August 21,2013 Page 2 of 13 Packet Page-2225- 10/22/2013 17.C. 12. Retail sale of fresh, agricultural products, shall be limited to weekends and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 of the LDC. (Group 5431; Vegetable markets and stands only), not-for-profit only. 13.Water Management Facilities/Lakes. 14. Play Areas, Playgrounds and Recreational Facilities in association with Church/School Uses. Playgrounds and play areas in daily use for the school or day care cannot be located within 100 feet of a property developed with residential uses at the time of this rezone. 15. Any other use which is comparable in nature with the foregoing list of permitted accessory uses and is deemed consistent with the GMP, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. C. Operational Characteristics for ALF, CCRC and Nursing and personal care services for Persons Over Age 55: The developer, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed so that a resident is able to age-in-place. For examples, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Living Word Family Church i\MPCTD Revised:August 21,2013 Page 3 of 13 Packet Page-2226- 10/22/2013 17.C. Tract B: Preserve A. Permitted Principal Uses and Structures in the Preserve (provided the minimum required preserve acreage is retained): 1. Passive recreational areas including recreational shelters. 2. Biking, hiking and nature trails, and boardwalks. 3. Native preserves and wildlife sanctuaries. 4. Water Management Facilities. 5. Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. , Living Word Family Church MPUD Revised:August 21,2013 Page 4 of 13 Packet Page-2227- 10/22/2013 17.C. EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Mixed-Use PUD (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I: DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Maximum Height • Zoned: 35 feet and 2 stories 35' and 2 stories • Actual: 42 feet' and 2 stories 42' and 2 stories Minimum Floor Area 1,000 square feet Maximum Floor Area Ratio 0.453 Minimum Building Setbacks • Immokalee Road 50 feet 50 feet • Moulder Drive 30 feet/50 feet5 25 feet4 • All other adjacent property lines 30 feet 25 feet4 • Minimum Distance Between Structures 15 feet 10 feet • Internal Drives 15 feet from the edge of 10 feet pavement • Lake2 20 feet 20 feet • Preserve 25 feet 10 feet SBH = Sum of Building Heights 1 — Actual height for a permitted church steeple or bell tower only shall be 47 feet. 2— Lake setbacks are measured from the control elevation established for the lake. The setback from the lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. 3 — Including all uses under Principal Use#5. 4— Measured from the property line unless 30 feet as required by the adopted wildfire management requirements contained in this document. 5 — Applies to the proposed PUD development located adjacent to existing neighboring residential dwellings, external to this PUD along Moulder Drive. Note: Nothing on this table or in this PUD shall operate as a deviation to the LDC unless it is listed on Exhibit E of this document. Living Word Family Church MPUD Revised:August 21,2013. 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EXHIBIT D owsot LEGAL DESCRIPTION: PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226 AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 3: THE EAST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30 FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT-OF-WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS. ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Living Word Family Church MPUD Revised:August 21,2013 Page 8 of 13 Packet Page-2231- 10/22/2013 17.C. TOGETHER WITH THE NORTH 20 FEET OF THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) Living Word Family Church MPUD Revised:August 21,2013 Page 9 of 13 Packet Page-2232- 10/22/2013 17.C. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC/GMP: 1. Deviation #1 seeks relief from LDC Section 4.05.04.G which requires clubhouse structures to provide parking spaces at a ratio of 1 parking space per 200 square feet and swimming pools to provide parking spaces at 1 per 75 square feet for the first 1,000 square feet and 1 for each additional 125 square feet of water areas. The alternative proposal will allow parking for a clubhouse and an outdoor pool associated with an ALF at a ratio of 1 parking space per 800 square feet, or 25% of the required clubhouse parking standard. Living Word Firffiy Church N1PUD Re.Ised:August 21,2013 Page 10 of 13 Packet Page-2233- 10/22/2013 17.C. EXHIBIT F DEVELOPMENT COMMITMENTS: ENVIRONMENTAL 1. Required preserve area per sec. 6.1.2.a of the conservation and coastal management element: 40%of the native vegetation present,not to exceed 25% of the total site area 2. Preserve calculation (not to exceed 25%of the total site area): Native Vegetation—22.96 ac. x 0.40= 9.18 ac. or Total site area 35.6 ac x 0.25 = 8.9 ac 3. The property owner and or their assigns may reduce the on-site preserve by 1.59 acres (Tract B2) in accordance with Section 6.1.2(7)a.1 of the Conservation and Coastal Management Element where an off-site mitigation preservation may be permitted at a ratio of 1:1 if said off-site mitigation is within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 4. Native plantings in all three strata shall be required to be added to the preserve areas where there is removal of non-native and/or nuisance vegetation. Any areas previously cleared shall be re-created with the aforementioned native planting in all three strata. This includes, but is not limited to the area of preserve area connecting Tracts B1 and B2 as shown on the master plan. A planting plan shall be submitted at the time of application for plat or site plan approval following the approval of the rezone. TRANSPORTATION 1. Access to this parcel shall be limited to ingress and egress access points per the master concept plan (Exhibit C). The direct access point on Immokalee Road is limited to a right in, right out function. 2. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study associated with this project. 3. For services and other periods and events of significant traffic generation, as determined by Collier County Transportation Staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County Transportation Staff, with staffing and locations(s) as directed by the County Manager or his designee. Living Word Family Church MPUD Revised:August 21,2013. Page 11 of 13 Packet Page-2234- 10/22/2013 17.C. 4. The developer, or his/her assigns, shall agree to contribute their proportionate share payment toward the at-grade intersection improvements currently planned by the County at the intersection of Immokalee and 951. Payment shall be required as part of any subsequent development order that adversely impacts or causes failure at the intersection. Any payment shall be considered site related. 5. Should a traffic signal meet signal warrants for installation at the intersection of Immokalee Road and either Rivers Road or Moulder Drive, the developer, or his/her assigns shall agree to contribute their proportionate fair share payment of the costs of signalization. Any payment shall be considered site related. PUBLIC UTILITIES 1. Water distribution, sewage collection and transmission facilities serving the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance 2004-31 as amended, and other applicable County rules and regulations. 2. The applicant has conveyed to Collier County a well-site easement located in a previously impacted area in the southeast portion of the subject property. The easement measures approximately 50 feet by 70 feet and shall be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Living Word Family Church, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Living Word Family Church MPUD Revised:August 21,2313 Page 12 of 13 Packet Page -2235- 10/22/2013 17.C. WILDFIRE PREVENTION AND MITIGATION PLANNING 1. Access—All vehicular access points and all drive aisles shall provide adequate width and turning radii to accommodate emergency vehicle access (including largest fire trucks), and provide access to all structures and parking areas located on-site. 2. Vegetation — Florida Forest Service may conduct wildfire mitigation and community outreach in areas of greatest wildfire concern; structure setbacks will provide a 30 ft. defensible space around the site; principal structure setbacks will provide greater than a 25 ft. defensible of space from the on-site preserve area, and; non-highly flammable vegetation/landscaping is encouraged in this preserve setback area; setbacks from outlets for/connections to ground well or water tank (if subterranean), or around water tank (if surface), and around fire hydrants will provide a distance of 25 feet defensible space; landscape buffer plantings shall be limited to those listed in Florida Forest Service publications and plant density to follow crown (tree top) spacing guidelines. The following plants are prohibited from required landscaping and landscape buffers: Saw Palmetto, Wax Myrtle, Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and Gallberry; and, the following plants are prohibited on the site: Red Cedar, Arborvitae and Italian Cypress [because detrimental to seniors/forms of senior living facility]. 3. Fire protection — A ground well or water tank shall accommodate fire protection during development and until the site is connected to Collier County water system. Once the site is connected to Collier County water system, the on-site fire protection system shall include at least two (2)pressurized fire hydrants. 4. Other factors — Dry detention areas located around the perimeter of the subject property shall be designed, constructed and maintained to serve as wildfire barriers. EMERGENCY PREPAREDNESS PLAN An Emergency Preparedness Plan (EPP) for an ALF shall be submitted at the earliest development review stage. Living Word Family Church MPUD Revised:August 21,2013 Page 13 of 13 Packet Page -2236- 10/22/2013 17.C. EXHIBIT A PERMITTED USES: The Living Word Family Church Mixed-Use Planned Unit Development (MPUD) shall be developed as a mixed use project which may include a mix of limited community facility uses, including but not limited to a religious facility and associated uses, a private school, and assisted living facilities (ALF), and continuing care retirement communities (CCRC) pendent living units for age 55 plus. The maximum size for the continuing care retirement communities (CCRC), assisted living facilities (ALF), independent living units and nursing and personal care services for age 55 plus and similar facilities shall not exceed a floor to area ratio (FAR) of 0.45. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study associated with this project. 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: Tract A: Community Facility/Residential (CF/R) A. Principal Uses 1. Child Care Centers, not to exceed 200 enrolled students (Group 8351) 2. Churches and Places of Worship, not to exceed 2,400 seats (Group 8661) 3. (Group 8641) Limited to 9organizations including Youth Associations (except hotel units), Fraternal Associations and Lodges, Veterans Organizations(Group 8611) 4. Elementary and Secondary Schools, limited to kindergarten through 8th grade and 250 students (Group 8211) 5. Assisted Living Facilities (ALF), Continuing Care Retirement Communities (CCRC), Independent Living Units and nursing and personal care services (Groups 8051, 80521 except mental retardation hospitals) for ages 55 plus. The total number of imbeds shall be limited to 200. All uses shall be consistent with operational characteristics stated on page 3 of this document. 6. Essential Services as provided for in Land Development Code (LDC) Section 2.01.03. 7. 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 LDC. Living Word Family Church MPUD Revised:August 22,2013 Page 1 of 14 Packet Page -2237- 10/22/2013 17.C. B. Accessory Uses 1. Administrative Offices and Educational Facilities to serve the church and school. 2. Amphitheater, outdoor (limited to 500 seats). Pavillion, outdoor. Use of the facility not related specifically to Christmas and Easter shall be subject to temporary use permit conditions as required by the Land Development Code. • 3. Ancillary Facilities, limited to power, HVAC and mechanical functions to serve permitted uses. 4. Church operated Thrift Store, not to exceed 5,000 square feet (Group 5932, second- hand retail only), not-for- profit only, limited to 8 a.m. to 6 p.m. daily, with a maximum of 20 operational hoursper week. 5. Church operated Book Store(Group 5942)not-for-profit only. 6. Group 6553, limited to Columbarium, at grade level or above ground internment only (Group 6553) 7. Community Garden (Groups, 0161, 0171, 0172, 0173, 0174, 0175) 8. Church Operated Individual and Family Social Services (Group 8322), not for profit and limited to the following: (a) Counseling centers (b) Family counseling services (c) Marriage counseling service (d) Old age assistance (e) Outreach programs (1) Relief services, temporary (g) Service leagues (h) Temporary emergency shelters (limited legal occupancy under the fire code) (i) Activity Centers, elderly or handicapped (j) Centers for senior citizens (k) Day care centers, adult and handicapped (1) Senior citizens associations (m) Youth centers 9. Attached or detached residential units, intended to provide Employee/Staff/Retreat Housing, limited to a maximum of 5 units. 10. Personal services, dining, private restaurant/lounge, skilled nursing and other uses incidental to ALF and CCRC uses. 11. Dining hall/private restaurant, incidental to churches and places of worship principal use. Living Word Family Church MPLTD Revised:August 22,2013 Page 2 of 14 Packet Page -2238- 10/22/2013 17.C. 12. Retail sale of fresh, agricultural products, shall be limited to weekends and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 of the LDC. (Group 5431; Vegetable markets and stands only), not-for-profit only. 13. Water Management Facilities/Lakes. 14. Play Areas, Playgrounds and Recreational Facilities in association with Church/School Uses. Playgrounds and play areas in daily use for the school or day care cannot be located within 100 feet of a property developed with residential uses at the time of this rezone. 15. Any other use which is comparable in nature with the foregoing list of permitted accessory uses and is deemed consistent with the GMP, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. C. Operational Characteristics for ALF, CCRC, . . . . _ and Nursing and personal care services for Persons Over Age 55: The developer, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed so that a resident is able to age-in-place. For examples, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Living Word Family Church MPUD Revised:August 22,2013 Page 3 of 14 Packet Page-2239- 10/22/2013 17.C. and church related uses. The following conditions shall apply: -- - - -- - -- . . - . - residential unit. 3. Use of the facility not related specifically to religious holidays or events shall bo subject to temporary use permit conditions as required by the Land Development Code. - - - - - - - - - - • . • . •• . _ • • properties. Living Word Family Church MPUD Revised:August 22,2013 Page 4 of 14 Packet Page -2240- 10/22/2013 17.C. Tract B: Preserve A. Permitted Principal Uses and Structures in the Preserve (provided the minimum required preserve acreage is retained): 1. Passive recreational areas including recreational shelters. 2. Biking, hiking and nature trails, and boardwalks. 3. Native preserves and wildlife sanctuaries. 4. Water Management Facilities. 5. Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. Living Word Family Church NMPUD Revised:August 22,2013 Page 5 of 14 Packet Page -2241- 10/22/2013 17.C. EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Mixed-Use PUD (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I: DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Maximum Height • Zoned: 35 feet/4440e and 2 stories 35' and 2 stories • Actual: 42 feet/17 feet' and 2 stories 42' and 2 stories Minimum Floor Area 1,000 square feet Maximum Floor Area Ratio 0.453 Minimum Building Setbacks • Immokalee Road 50 feet 50 feet • Moulder Drive 30 feet/50 feet5 25 feet4 • All other adjacent property lines 30 feet 25 feet4 • Minimum Distance Between Structures 15 feet 10 feet • Internal Drives 15 feet from the edge of 10 feet pavement • Lake2 20 feet 20 feet • Preserve 25 feet 10 feet SBH = Sum of Building Heights 1 — - . -• : . . ---• _. . - . . . . Actual height for a permitted church steeple or bell tower only shall be 47 feet. 2— Lake setbacks are measured from the control elevation established for the lake. The setback from the lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. 3 — Including all uses under Principal Use#5. 4— Measured from the property line unless 30 feet as required by the adopted wildfire management requirements contained in this document For accessory uses, the minimum 5 — Applies to the proposed PUD development located adjacent to existing neighboring residential dwellings, external to this PUD along Moulder Drive. Note: Nothing on this table or in this PUD shall operate as a deviation to the LDC unless it is listed on Exhibit E of this document. Living Word Family Church MPUD Revised:August 22,2013 Page 6 of 14 Packet Page-2242- °°"tl's'° 0 43tl 10/22/2013 17.C. 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EXHIBIT D LEGAL DESCRIPTION: PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226 AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 3: THE EAST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30 FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT-OF-WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS. ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Living Word Family Church MPUD Revised:August 22,2013 Page 9 414 14 Packet Page -2245- 10/22/2013 17.C. TOGETHER WITH THE NORTH 20 FEET OF THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) Living,Word Family Church MPUD Revised:August 22,2013. Page 10 of 14 Packet Page -2246- 10/22/2013 17.C. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC/GMP: 1. Deviation #1 seeks relief from LDC Section 4.05.04.G which requires clubhouse structures to provide parking spaces at a ratio of 1 parking space per 200 square feet and swimming pools to provide parking spaces at 1 per 75 square feet for the first 1,000 square feet and 1 for each additional 125 square feet of water areas. The alternative proposal will allow parking for a clubhouse and an outdoor pool associated with an ALF at a ratio of 1 parking space per 800 square feet, or 25%of the required clubhouse parking standard. Living Word Family Church MPUD Revised:August 22,2013 Page 11 of 14 Packet Page -2247- 10/22/2013 17.C. EXHIBIT F DEVELOPMENT COMMITMENTS: ENVIRONMENTAL 1. Required preserve area per sec. 6.1.2.a of the conservation and coastal management element: 40%of the native vegetation present, not to exceed 25% of the total site area 2. Preserve calculation (not to exceed 25%of the total site area): Native Vegetation—22.96 ac. x 0.40= 9.18 ac. or Total site area 35.6 ac x 0.25 = 8.9 ac 3. The property owner and or their assigns may reduce the on-site preserve by 1.59 acres (Tract B2) in accordance with Section 6.1.2(7)a.1 of the Conservation and Coastal Management Element where an off-site mitigation preservation may be permitted at a ratio of 1:1 if said off-site mitigation is within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 4. Native plantings in all three strata shall be required to be added to the preserve areas where there is removal of non-native and/or nuisance vegetation. Any areas previously cleared shall be re-created with the aforementioned native planting in all three strata. This includes, but is not limited to the area of preserve area connecting Tracts B1 and B2 as shown on the master plan. A planting plan shall be submitted at the time of application for plat or site plan approval following the approval of the rezone. TRANSPORTATION 1. Access to this parcel shall be limited to ingress and egress access points per the master concept plan (Exhibit C). The direct access point on Immokalee Road is limited to a right in, right out function. 2. The maximum trip generation allowed by any combination of the proposed uses (both primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study associated with this project. 3. For services and other periods and events of significant traffic generation, as determined by Collier County Transportation Staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County Transportation Staff, with staffing and locations(s) as directed by the County Manager or his designee. Living Word Family.Church IPUD Revised:August 22,2013 Page 12 of 14 Packet Page-2248- 10/22/2013 17.C. 4. The developer, or his/her assigns, shall agree to contribute their proportionate share payment toward the at-grade intersection improvements currently planned by the County at the intersection of Immokalee and 951. Payment shall be required as part of any subsequent development order that adversely impacts or causes failure at the intersection. Any payment shall be considered site related. 5. Should a traffic signal meet signal warrants for installation at the intersection of Immokalee Road and either Rivers Road or Moulder Drive, the developer, or his/her assigns shall agree to contribute their proportionate fair share payment of the costs of signalization. Any payment shall be considered site related. PUBLIC UTILITIES 1. Water distribution, sewage collection and transmission facilities serving the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance 2004-31 as amended, and other applicable County rules and regulations. 2. The applicant has conveyed to Collier County a well-site easement located in a previously impacted area in the southeast portion of the subject property. The easement measures approximately 50 feet by 70 feet and shall be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Living Word Family Church, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Living Word Family Church MPUD Revised:August 22,2013 Page 13 of 14 Packet Page -2249- 10/22/2013 17.C. WILDFIRE PREVENTION AND MITIGATION PLANNING 1. Access—All vehicular access points and all drive aisles shall provide adequate width and turning radii to accommodate emergency vehicle access (including largest fire trucks), and provide access to all structures and parking areas located on-site. 2. Vegetation — Florida Forest Service may conduct wildfire mitigation and community outreach in areas of greatest wildfire concern; structure setbacks will provide a 30 ft. defensible space around the site; principal structure setbacks will provide greater than a 25 ft. defensible of space from the on-site preserve area, and; non-highly flammable vegetation/landscaping is encouraged in this preserve setback area; setbacks from outlets for/connections to ground well or water tank (if subterranean), or around water tank (if surface), and around fire hydrants will provide a distance of 25 feet defensible space; landscape buffer plantings shall be limited to those listed in Florida Forest Service publications and plant density to follow crown (tree top) spacing guidelines. The following plants are prohibited from required landscaping and landscape buffers: Saw Palmetto, Wax Myrtle, Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and Gallberry; and, the following plants are prohibited on the site: Red Cedar, Arborvitae and Italian Cypress [because detrimental to seniors/forms of senior living facility]. 3. Fire protection — A ground well or water tank shall accommodate fire protection during development and until the site is connected to Collier County water system. Once the site is connected to Collier County water system, the on-site fire protection system shall include at least two (2) pressurized fire hydrants. 4. Other factors — Dry detention areas located around the perimeter of the subject property shall be designed, constructed and maintained to serve as wildfire barriers. EMERGENCY PREPAREDNESS PLAN An Emergency Preparedness Plan (EPP) for an ALF shall be submitted at the earliest development review stage. Living Word Family Church MPUD Revised:August 22,2013 Page 14 of 14 Packet Page-2250- 10/22/2013 17.C. I 'e DAVIDSON PROPERTY ASSOCIATIONS LIST ATTACHMENT "A" 1. Golden Gate Estates Area Civic Association c/o Peggy Whitebeck PO Box 990596 Naples, FL 34116 2. Fifth District Civic Advisory Group c/o Douglas L. Rankin Moorings Professional Building 2335 Tamiami Trail North Suite 308 Naples, FL 34103 3. Orangetree Homeowners Association c/o Kim Retallick 4500 Executive Drive, Suite 110 Naples, FL 34119 4. Twin Eagles HOA c/o Dottie Vanderford 11725 Twin Eagles Blvd 11725 Twin Eagles Blvd. Naples, FL 34120 5. Rock Road Landowners Association c/o Dan Wing 921 Mingo Drive Naples, FL 34120 6. Home Owners Association of Golden Gate Estates, Inc. c/o Doug Rankin 2335 Tamiami Trail, #308 Naples, FL 34103 1 1ving 1\old I anll'v C'hurh \1PC!D. Property 1 ∎v,inciati n List- 'ttaa;ihm'lli•=r'1.• t�i4Zd'.ti1at ld'sC511Cngine3r1 ri L.cnrnl Fchruary 201 Packet Page-2251- 10/22/2013 17.C. DAVtDSON PROPERTY INFORMATION ATTACHMENT "B" g. Date subject property acquired: 1. Folio#00214920002-June 21, 2005 OR Book 3841/Page 2873 2. Folio#00218440009-November 8, 2008 OR Book 4407/Page 4143 3. Folio#00216720006- September 7, 2006 OR Book 4105/Page 1800 4. Folio#00217960001-May 24th, 2012 OR Book 4801/Page 286 5. Folio#00215080006-June 8th, 2012 OR Book 4807/Page 1236 6. Quick Claim Deed OR Book 4874/Page 1750 7. Folio#00218040001-January 8, 2009 OR Book 3967/Page 3016 Living Word Family Church N1PUD: 1 Prnpert Infornrarion—Attachment-13" :pdated June 2013 vvww.davidsonengineering.coin Packet Page-2252- 10/22/2013 17.C. DAVIDSON L_. 3656591 OR: 3841 PG: 2873 2 ttC09010 in OFFICIAL 010103 of COLCIRt COMM, FL 0 7112/100 5 et 04:1710 DUET 2. 1I0C1, C1111 0003 1000000.00 Meowed Br Rte M 10.50 Thomas E.Mooney,Esq. DOC-.70 9000.00 1430 Royal Palm So.Blvd..•106 lets: Fort Myers,FL 33919 QOA11LI3 i 1001 1315 FANNED LW 0300 RIIFLtt FL 34101 Parcel to Number: 00214920002 WARRANTY DEED This Indenture,made this 21st day of June ,2005,Between Linda Dorothy Neff and Joan C.Goodnight, Grantors and Living Word Family Church,Inc.,a Florida Non-Profit Corporation, Grantee whose address is: 521 West Street.Naples.Florida 34108 WITNESSETH that the Grantors,for and in consideration of the sum of ----- ---•--- --- -_ -------- Dollars to Grantors in hand paid by Grantee,the receipt whereof is hereby acknowledged,hove granted,bargained and sold to the said Grantee and Grantee's heirs and.assigns_forever,the following described land,situate, lying and being in the County of Collier.State' flFifbtida.id yyii:^ SEE„1ATfACHED EXHIBIT`',,A1-\\ // rf '--- \ Subject to restrictions,eesementL and reservations.of�record if any,.and taxes subsequent to 2004. The land described herein iris Hitt trio homestead pfithe; antors;;and neither the grantors nor the grantors'spouses,nor anyone for wt)pa,s suppart the grantorf are reepansftga,lesides on or adjacent to said land. .�� 4 1 f and the Grantors do hereby fully warrant the title to said la an'd w 1e1'defend the some against lawful claims of all persons whomsoever. '\-1- ;' In Witness Whereof,the Grantors have neraurftoseLther hands and seats the day and year first above written. ------ Signed,Signed, a led and slivered in our presence: Wit s Signature Linda Dorothy Neff trAlootAt I. F. 4146edi P.O.Box 50984,Tice,FL 33964 Witness Printed Name Witness Signature n C.Goodnight u; Ie.G-447 P.Q.Box 50984,Tice,FL 33994 Witness Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ?/ day of June ,2005 by Linda Dorothy Neff and Joan C.Goodnight.who are personally known to me or who provided �!f re),e-.. G•c as identification. i t KVNR NOTARY PUBLIC X, uY cOrt n cv *5•'' My Commission Expires: EXPIRES t a:N 3 27J7 L,iv(ug Word Family Church MPUD: 2 Propett)'information—.4ttaehmeni"f3" t +.Led June 2013 V.1y4l.davids ncngineering,eoni Packet Page-2253- 10/22/2013 17.C. DAVIDSON *** OR: 3841 PG: 2874 *** 04-4253 Goodnight&Nett/living Word ExtfIBrr .A' The West 1/2 of the East 1/2 of the West 1/2 of the Northeast 1/4 less the South 10 feet thereof,the North 10 feet thereof and the property conveyed to Collier County by deeds recorded in Book 3252, Page 226 end Book 3252, Page 230 of the Public Records of Collier County, Florida, being in Section 30,Township 48 South, Range 27 East,Collier County,Florida. ‘'t_. CO( r \ ------ Fes`{ ���. 3 Propert Inf onuation—Attachment"B" Updated June 2013 WV;w.davidsoncngireerin<g.com Packet Page -2254- 10/22/2013 17.C. DAVIDSON *** 4232878 OR: 4407 PG: 4143 *** RICOIDID In OSIICIAL RECORDS of COLLIR COOL!!, Si I1/II/2001 at 07:0158 MCI?I.IIDCI, CLIIR $ b ��toe COIL 0104$.0 Rickard D.Lyssa Doe Pg 10.00 Attorney at Law C-.10 1210.00 Lyman&Lyons,P.A. ut0' 27911 Crown Lake Boulevard Suite 201 LT01E i 6l0I11 Bonlea Springs,FL 34135 50811 CIO11 IM BLVD 1201 239448-1823 NEB SIRI�S!L 31175 File Number. 9064075 Parcel identification No.00218440009 !Spam Above Thin tine For Raowdws Oats! Warranty Deed (STATUTORY FORM-SECTION 6t9A2.F.S.) This Indenture made this 7th day of November,2008 between Rovvy Jadkaraa,iadividaalty sad as the Trustee of the Jaikaran Trust dated April 18,2005 and Carmine Pittelli whose post office address is 5125 Inge Way,Naples,FL 34119 of the County of Collier.State of Florida,grantor`,and Living Word Family Church,Inc.,a Florida not for profit corporation whose post office address is 7550 Minion RJIL Drive,No.314,Naples,FL 34119 of the County of Collier, State of Florida,grantee•, Wi sesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS(510.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assign forever,the following described land, situate,lying and being in Collier County,Florida,to-wit: The East one-half of the Northwest one quartej(NW 1I4)of the Souhtwest one-quarter(SW 1/4)of the Northeast one-quarter(NE 1/4)of Sectidtt Tatnissbij'r 48.South,Range 27 East less the North 20 feet thereof,Collier County,Florid:; .�..'..�;.;l'fi`•„ Genuine warrant that from the time ylpttrrhase and tentinaously to the time of this conveyance,the subject property is not the Grantnn'Jtaanestead-within the meaning Set forth in the constitution of the state of Florida,nor is it,coatiguous to ono girt of hoolesteadAropsrty. Grantors'residence and homestead address are: f (/f/NI f /��<�����''� \ `vii W 3540 Ile A:r< ,44 t_' /s�CP 5/L S1-.h v1}1s�1 Amidetr FZ— J4420 1• t- C 1 and said grantor does hereby fully warrant-the title to said land,and[(ill de end%ibe:same against lawful claims of all persons whomsoever. 1\ nr~ /.``/ ••Gimme and. !oC foe sierdaror plAni.aAidatext rapine,. In Witness Whereof,grantor has hereunto set gtgnlor'i hstidliasear the day and year first above written. Signed,sealed and delivered in our presence: / / s .•, fNOiCA IL)SO Pittelli t Name: so C.Ypdi Ro laikaran,individually and as Trustee State of Florida County of Collier The foregoing instrument was acknowledged before me this 7*day o •o - bee,24,S by Carmine Pittelli and Rovvy Jaikaran,who[,is personally known or(XI has produced a driver's I"•n of :tion. (Nosy Seal) Nota -blic i Printed Name: P odo ouo° ac Sane a Fbrbs- :f0nr My Commission Expires: At,Cc:.-:near t%15t2451 Doubts'tnw` Liv inu Word Fancily Church MPUD: 4 Pn'pony Information—Attachment"B" Updated,inne 2013 v:ry°n.dc :d;onen iii eerinC.cont Packet Page-2255- 1 0/22/201 3 17.C. f� E DAVIDSON *** 4232878 OR: 4407 PG: 4143 *** 81CO1D11 in 0!TICIAL 1ICOIDS of count cover, 1L I1/1i/2001 at 03:03P1 DVImi 1.11011,CLllt Prevared by std reurrn to: CCU (01001.10 moo Richard D.Lyons 00C-.111 1200.00 Attorney at Law lets: Lyons di Lyons,P.A. MIS i 17011 27911 Cnowa Lake Boulevard Suite 201 21711 C1081 LAST tLtD 0101 Bonita Sprfap,FL 34135 110101 macs it 14135 239-940:-1823 File Number 908-0075 Parcel Identification No.00218440009 (Space Above This tine Far Recording Dote] Warranty Deed (STATUTORY FORM-SECiTON 654.02.F.S.) This Indenture made this 7th day of November,2008 between Rovvy iaikarau,fadividnaily and as the Trustee of the Ja karsa Treat dated April 18,2005 and Carmine Pltteill whose post office address is 5125 Inapt Way,Naples,FL 34119 of the County of Collier,State of Florida,grantor'.and Living Word Family Church.Inc..•Florida not for profit corporation whoa post office address is 7550 Mlatoa Rah Drive,No.314,Naples,FL 34119 of the County of Collier. State of Florida,grantor*, Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Collier County,Florida,to-wit: The East one-baff of the Northwest one spar cet;(N -144)of the Southwest oar-quarter(SW I/4)of the Northeast one-quarter(NE 1/4)of.S.cdoa. {i'owaa!hipi'4$South,Range 27 East leas the North 20 feet thereof,Collier County,Flor44 ice Grantors warrant that from the time oLpurcbsse and continuously to`the time of this conveyance,the subject property is not the Ciantorejstunestesthwithia"tbr messing set forth in the constitution of the state of Florida,nor is it.contiguous to ors i't ofi�boaiatcadrpropeety. Grantors'residence and homestead address are: f {i' i f mot)\V rl El 3 S1 1-re AvL ,tydA. 4je s__i5/2-51 Al y4 w uayr4� a sfira - -7- h and said grantor does hereby fully wansittthe title to said land,and Will defend the same against lawful claims of all pawns whomsoever. , �. Y J ff L,'� •'Canner"sad,"GYa,nen"..vc wad for singular oc rum.noomest reclaim*. Is Witness Whereof,grantor has hereunto set gwrd3r's ha.nd"isnd cal tine day and year first above written. Signed,sealed and delivered in our presence: fir," wi•/�//., TAW MI3G4U.5SC> nePittclli Name: it'! !WI L Ro laikaran,individually and as Trustee State of Florida County of Collier The foregoing instrument was acknowledged before me this 7a day o • • ben,211 by Carmine Pittelh and Rovvy Jaikaran,who U is personally known or(XI has produced a driver's I' //�� tiff. ion. die .cos (Notary Seal) Note '.biic I Printed Name: -o Moan°ntse Sand(bats F Debt• vont My Commission Expires: Mr CA'r-"ascn 00542451 6 r..r4.r:.i,: �2t!tti Doubleness' Living Word Family Church\IPLD: 5 Property Infonnatiun-- Attachment'B" Updated ov o.davidsonenoineerinc.conn Packet Page-2256- 10/22/2013 17.C. DAVIDSON 3901691 OR: 4105 PG: 1800 UICORDID in OIIICIIL 111001$of COLLII11001it, IL 01/14/2001 at 11:0511 DOW 1.00011, CLIRI 1001 515000.00 RIC PBB 18.51 DOC-.70 3105.01 Rein: Pimparzsikanircumuct PUS i BUD! Kevin R.Lottes 1355 PAIi811 LBRR 1300 Attorney at Law R1ltLIS IL 34105 Quarles&Brady LLP 1395 Panther Lane Suite 300 Naples,FL 34109-7874 File Number: ow Foslien Parse!Identification Number. 00216720006 (Space Above This Line For Recording Data WARRANTY DEED This Warranty Deed made this 7th day of-So te4n&er,(2QOttbdween Paul Foslien and Maria Foslien, husband and wife whose post Or=addreu;333`Spider Li� Naples,FL 34119,GRANTOR,and Razed,Inc.,a Florida not for profit't;P.rporation whose you office is 5600 Trail Boulevard,Unit #5,Naples,FL 34108.GRANTEE:%s r!!t , \ (Whenever used herein the terms"GRANTOR"antQprystitli&lnelnrIP jiIltlte parties to this immanent ant and the heirs,legal represematives,and assigns of individuals,ariethe su{ioess++arsand iiistgm afropatattpm,trusts and trustees) Witnesstth that said GRANTOR in ctmsidt:ratioe Et oi,TEN AND140/100 DOLLARS(510.00)and otter good and valuable coasiderations',r6'said GRANTOR in hand paid by said GR4tilTEE,the receipt whereof is hereby acknowledged,has granted,bargained,art sold to the said GRANTS;and CRAt1Tr/£ES heirs and assigns forever,the following described land,situate,lying ani bt ng.m Collier County,forida to il: The East 1P_of the Southwest 714 Ofithe Northwestl/4,of the Northeast 1/4,less the South 20 feet thereof,Section 30;Ttriship Dtl)`%Range 27 East,Collier County, Florida. Together with all the tenements,hereditamente and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. GRANTOR fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever, except that this deed is subject to the following: I. Real property ad valorem taxes aad assessments for the current and subsequent years; 2. Zoning,building code and other use rathictions imposed by governmental authority; 3. Outstanding oil,gas and mineral interests of record if any:and 4. Restrictions,reservations and casements of record. DoubleTimee Liv in a Word Fancily Church\iPUD: 6 Property information—,Attachment"B" t p i,i.ed June 2033 www.davidsonenaineering.com Packet Page-2257- 10/22/2013 17.C. DE DAVIDSON - *** OR: 4105 PG: 1801 *** 1a Witness Whereof.GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Signed,sealed and de"vexed in ow presence: ,� iilf , ir i—. (seal) ''iness N' — 'aril Fos?A! ` , Witness ,• , , t Maria Fosiitn State of Florida County of Collier The foregoing instrument was acknowledged before me" ig h l a) f15ept. her,2006 by Paul Foslien and Maria Foslien, who XJ are personally known or(X(have produced t t�vees notion. Notary Seal) (/ / L�Tlwaryf Public \ i\, ____—._.. ,/ << ti ,fl . r lioso►y/%dale-(Meta of n ada r Gommi C0itxpir es: 4 ^ 13cen C3.263orn (,r"6 comm.ron a DD14T,SE ) `r 1. i-- ' ' eondwbvNeaonallolgyd�ury ( e{, /; I.,:./,�/ x.!14,..„._____._,,,'NY Warranty Deed-Nee 2 DoubleTimee Living Word Family Church MPUD: 7 Property Infbrmation– Attachment"B” Updated June 2t)13 wvytt.david-a nemzineerint.com Packet Page -2258- 10/22/2013 17.C. DE DAVIDSON INSTR 4698989 OR 4801 PG 286 RECORDED 5/25/2012 6:47 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 5700.00 REC 518.50 CONS $100,000.00 Epp, d. yi and return to: Law Offices of John D.Spear,P.A. 9420 Bonita Beach Road Suite 100 Bonita Springs,FL 34135 239-947-1102 File Number. 12-1189 Will Call No.: 1�r QOd c'TOn: [Space Above This Line for Recording Daui Warranty Deed This tVarranty Deed made this 2‘-/day of l'Iai,-Z012 between Jean L.Hutchison*whose post office address is 27051 Lake Harbor Ct.,#102,Bonita Spriggs'; 34 dtpr,'and Living Word Family Church,Inc.,a Florida non profit corporation whose post office addreeslpds 550 Niissiod114)lslD `Ste#3I4,Naples,FL 34119,grantee: C'V tWhenntr used herein the terns"gismo?and;granted'include all the panics to this insintm viand the heirs.legal representatives,and assigns of individuals,and the successors and assigns of corponuans trusts and tnnseesi-_.,,.J- 1.J-t Witnesseth,that said grantor,for and to coerdiinn o1 tho surd INTAND NO1100 DOLLARS(510.00)and other good and valuable considerations to said grantor inhand nai¢by said gran,the receipt whereof is hereby aclmowledged, has granted,bargained,and sold to tksrsa4nnt'et,,an �sranteds heirssr nd as$igos forever,the following described land, situate,lying and being in Collier County,f tdtlda to-Mt:. t f 1 The Southeast Quarter(SE 1(4 of the Southeast Quay" re`($1:1%4)'of the Northwest Quarter(NW 1/4)of the Northeast Quarter(N 1)4)Lless the East 30 Feet there ,for ingress and egress. AND The East one half(E 1/2)of the No\nth oonee h"nTf(h"1/2)of the Northeast Quarter(NE 1/4)of the Southwest Quarter(SW 1/4)of the Northeast Quarter(NE 1/4),less the East 30 feet thereof,for ingress and egress. All in Section 30,Township 48 South,Range 27 East,Collier County,Florida. Parcel Identification Number:00217960001 Subject to taxes for 2012 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record,if any. *Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 27051 Lake Harbor Ct.,Unit 102,Bonita Springs,Florida 34134. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances,except taxes seeming subsequent to December 31,2011. DoubieTimee Living 6i ord Family Church MPt;�D: 8 Preperty ini«nnaiion- Attachment"B" Updated June 2013 Ic vy .daviclsoneneinecring.com Packet Page-2259- 10/22/2013 17.C. D e DAVIDSON *** OR 4801 PG 287 *** In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,scaled and delivered in our presence: ..- C—--- 7(,..7 7 I • c , , gi•elk. t1-1,7(- ?-zipy-. (Seal) ... WitneVName: 1 1. 6 ..,,, T. _ v Jean L.Hutchison . c:;;ZZCCY 24/1?/, Witness Name: //CIA( '._. a ■ F..5 State of Florida County of Lee The foregoing instturnent nus acknowledged before me this ,),/ flay of May,2012 by Jean L Hutchison,who U is personally known or(X]has produced a driver's liccnsei—sttentifie „..< ‘..,\1.___:,.. ‘.. e t, (Notary Seal) ublfe ..„.....--,..„,„„......... Nola*, - \ 1:. .:.. O.SP.0%?Knial _:' -\-----__._r-, \ \ 17,1 '''"CV.”."S.-.'.".-:.C:,.,.11..?•.',;—' Printed Name:\ ■ 1,...„.„,..... ye!.:EV A',24.'2,1 ' l ''a' —rN, ,..,.,,, (L.......7.:.:.L. C..1•.`,If!':),,f,e4g:N., \ "14 r,. 7-3.sf6 'e ' „y,orriguk Iv...spires: ) 1 ( J, 1 ,,-- - „.,./ , i ,....., ,,,,-, , --,, .,....ii,- , \ - Warranty Eked-Page 2 DoubleThnee Living Word Family Church MPUD: 9 Propert■ Information-- Attachment"B" 1:pdat cc!June 2013 \,,,,„.,,v„..cia,,id.,‘,,,enaineerin L.i.cm) Packet Page-2260- 10/22/2013 17.C. De DAVIDSON INSTR 4706068 OR 4807 PG 1236 RECORDED 6/13/2012 3:37 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 S73.50 REC 518.50 CONS 510,500.00 Prepared byjtnd return to: C.Lane Wood Attorney at Law Salvatori,Wood&Bucket,P.L. 9132 Strada Place Fourth Floor Naples,FL 34108 File Number: tmc LWFC Zimmer Consideration: SI 0,500.00 [Space Above This Line For Recording Data) Warranty Deed This Warranty Deed made this day of Junes3012:between Wayne E.Zimmerman and Ruth Zimmerman, husband and wife whose post office ad ress is 151Stfinytitim iSet,*Itaington,DE 19803,grantor,and Living Word Family Church,Inc.,a Florida non profit corpoiat+be a posfiof c�address is 7550 Mission Hilts Drive,Suite 314, Naples,FL 34119,grantee: /C , (Whenever used herein the terms'grantor and"grantee?'is4ude�atl the-parties-lapis instrument and tthe heirs.legal representatives,and assigns of individuals.and the successors and assigns of corporation!,trust anLlfissuegr)-.. i � Witnesseth,that said grantor,for and in ponsrideratioti of tht uib 017E14%'N NO/100 DOLLARS(510.00)and other good and valuable considerations to sal d,gr daM r in..hand;pait 6 said grantee;theirnee)pt whereof is hereby acknowledged, has granted,bargained,and sold to the}said'iramee,anti=grantee's1 irs aitrtd-sssi forever,the following described land, situate,lying and being in Collier County,Florida eo-wit: 1 1 / The East 1/2 of the North I/2 of tlielVortheast 1/4 of the Northwestj}d,af the Northeast 1/4 of Section 30,Township 48 South,Range 27 EasGcollier County,Flori ^.t i' LESS AND EXCEPT the North 188.20 tee/fit!tl ht oPiva5;-L ss the East 30 feet thereof for egress and ingress,and less the West I50 feet thereof--"- Parcel Identification Number:00215080006 Subject to restrictions,covenants,conditions,limitations,reservations,encumbrances and easements common to the subdivision;and real estate taxes for the year 2012,and all subsequent years. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 1516 Stony Run Drive,Wilmington,DE 19803. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,20I1. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee Living Word Family Church MPUD: 10 Propel t. Information— Attachment"B" Updated June 2'!13 vs«°ww_davidsoncngine;rint:.coin Packet Page -2261- 10/22/2013 17.C. De DAVIDSON *** OR 4807 PG 1237 •** Signed,sealed and delivered in our presence: LA'I V\ # ,„/ • Seal) Witne .Name: diffeiZ1071/4"' Ways Zimme /MU I /14 Witness Name: ‘ .4 ,%„Lt,t4; Rut Zirtn :118 State of Delaware —County of eta,Ctisl-tc. (71 The foregoing instrument was acknowledged before me this 0' day of June,2012 by Wayne E.Zimmerman and Ruth Zimmerman,who Li are personally{mown or[)(1 havg_prodffeetktlriver's license as identification. 9Thotaly Seal) C: —PNroitacy P-r1 ubli e ame:\ 'leT NIYB".int.s:tv ,N1 IntE,Jetvey / C I\ -741- rvourA,__81441rliamm \ -"c5IFOUDY12.20,114 7.; \ ':\•••\:// , . . . •••-.. . . • . . • • • • • .• ...••• ;: • Warranty Deed-Page 2 DoubleTimes Living Word Family Church MPUD: 11 Property Information— Attachment-13- Updated June 2013 v,,■\w.davidsonengtneerin2.com Packet Page -2262- 10/22/2013 17.C. DE DAVIDSON 444k INSTR 4785363 OR 4874 PG 1750 RECORDED 1/9/2013 3:42 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoCt.70 10.70 REC $35.50 INDX $1.00 This instrument prepared by and after recording return to: C.Lane Wood,Esq. Saivatori,Wood&Bucket 9132 Strada Place,Fourth Floor Naples,FL 34108 QUIT-CLAIM DEED (RAMSEY STREET) THIS QUIT-CLAIM DEED, executed this e day of January, 2013, by CLAY KYLE PARRACK,a fharr;¢a man;BARBARA JEAN PARRACK,a $Z btqIt woman;and BONNIE PARRACK now known as BONNIE ZAWACHY,a married woman,GRANTOR, and LIVING WORD FAMILY CHURCH, INC., a Florida not-for-profit corporation, whose post office address is 7550 Mission Hills Drive,Suite 314,Naples,FL 34119,GRANTEE. WITNESSETH,that the said Grantor,for and in consideration of the sum of Ten Dollars($10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever,all the right,title,interest,claim and demand which the said Grantor has in and to the following described lot,piece or parcel of land,situate,lying and being in the County of Collier,State of Florida,to-wit The North 20 feet of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 30, Township 48 South,Range 27 East,Collier County,Florida AND The South 20 feet of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 48 South,Range 27 East,Collier County,Florida AND The South 20 feet of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 48 South,Range 27 East,Collier County,Florida Subject to restrictions, covenants, conditions, limitations, reservations, encumbrances and easements of record; and real estate taxes for the year 2013 and all subsequent years. This deed is being given for the express purpose of vesting and confirming title in the name of the Grantee for the access road known as Ramsey Street, which is and has been used over the years for access to adjacent parcels presently owned by Grantee. By execution of this Quit-Claim Deed,the Grantors certify that the subject property is vacant land used as an access road for the property of Grantee,and is not the homestead of the Grantors, nor contiguous thereto. Grantors reside at the respective addresses shown below. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor,either in law or equity,to the only proper use,benefit and behalf of the said Grantee forever. Prolaw;6490E5 11n1 w iuuniuci t:p(1<<t:cd 21)13 vt°SG.da.i(soucnginz;erinu.con) Packet Page -2263- 10/22/2013 17.C. DE DAVIDSON .rec Living Word Family Church MPUD: 13 Property Information—Attachment"B" Updated June 2013 www.davidconencineering.com Packet Page-2264- 10/22/2013 17.C. DAVIDSON OR 4874 PG 1751 Signed,�sealed and delivered diinn our presence Wilne;s.#1 rinn am e elow)/1 _ fi /Q1't (/7JlT!/I C.E.0 f"j U BONNIE PARRA C}}K'tttsttow known ' WLness#r2(print name be)ow) ""1/ BONNIE ZAWACKY Don 44, zi rr)rr� Ad'dtress: 5 �3 CF SC./..)/ ,s—r/l/C7 STATE OF /9",-;<10 COUNTY OF Ci//7p r The foregoing was acknowledged before me this 8' day of January, 2013, by BONNIE PARRACK now known as BONNIE ZAWACKY, who is personally known to me, or presented �- _known V P.r S I i!' as ide�nnttidentification.NO�CARY P 2(1A TYPED,PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: MN 4 rcvN. TOM M.CARD 1[?+ Notary Public•Stale of Florida 1 � „s, =MY Comm.Wires Jun ts,20t3 • "1,%;9 Commission t DO 898236 • Pmlavr.689065 Li>it \5 Ord Family Church MPUD: 14 Propert), Information—Attachment"1.3' ['Nam".Tune 21)1 3 v, w.d c d oncn ecriim2.COtn Packet Page-2265- 10/22/2013 17.C. DE DAVIDSON OR 4674 PG 1752 In Witness whereof,the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Signed,sealed and delivered in our presence Witness•1 •rint name bel• I , /I ♦ . /. 0 .,I . / CLAY KYLE. PARRACK ft ss#2(pnntno. -below) Address: `t"iSG PARRACK , 4i✓d ■ . ' r, , N&tO)e SJ Pc- 2-/ii STATE OF FL_ COUNTY OF 0011i G.'. Q_r� The foregoing was acknowledged before me this 1 T day of January,2013.by CLAY KYLE PARRACK, who is personally known to me, or preres/entntje�d/� rt. !)r IVVcrc •I i G as identification. orb` c f in C72/70 NOTARY PUBL TYPED,PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: ,,Art.,,„` TC11YA at t AN0 ,�` Maury Pablk•Stns of RWdd7 pY Comm.Expires Jim 14.2073 +.;,m ,ar Com:b ten•on 84 0838 • Prolaw:595085 Living Word Family Church MPIJD: 15 Property information—Attachment"l3" Updated June 2013 W .davidtioncngineering.ctmt Packet Page-2266- 10/22/2013 17.C. De DAVIDSON x+t OR 4874 PG 1753 r"• Signed,sealed and delivered in our presence d1 Wine #1(punt name below) • ote r ARBARA JEAN PARRAC, nn #2(print,ineelow) Ad• >ss: (#d ,�tJc� ba . a) aL4M1 M 19I STATE OF p ti COUNTY OF 1)ui r rt/ (+r The foregoing was acknowledged before me this f day at Janyary,2013, by BARBARA JEAN PARRACK,who is personally known to me,or presented r !Jr(ve.YS Jr_[ as identification. ,14‘.4 ' AJ Nr ARYPU:LIC TYPED,PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: 1 y"' t IOWA Y.coo r Notary PeDlic-Stsis of Florida try Comm.Expires Jun 14,2013 4 '',Z);41.444,-7 Commission!DD 626636 Protaw SeSC85 Ln nz F\ord Family Church MPL?17 6 Pr pert'In d nnation—.At,.chmemr'd3" Lpdated Jane 21)1 a°v,ti,.da id:emcnnineerirm.cmii Packet Page-2267- 10/22/2013 17.C. DAVIDSON INSTR 4587576 OR 4702 PG 2717 RECORDED 7/19/2011 4:37 PM PAGES 12 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 3103.50 t;ter- This instrument prepared by and after recording return to: C.Lane Wood,Esq. Salvatod,Wood&Bucket,P.L. 9132 Strada Place,Fourth Floor Naples,Florida 34108 AFFIDAVIT CONCERNING MERGER STATE OF FLORIDA COUNTY OF COLLIER On this date personally appeared before me, C. Lane Wood,who upon first being duly sworn,did depose and say as follows: 1. That his name is C.Lane Wood andirrnIrriber in good standing of The Florida Bar. 2. That he is acting legal coti se or Lrving Wo Fiarmx tii,y Church, Inc., a Florida not-for- profit corporation CLWEG'I,.;and recently assisted in1the\rnerger of Razed,Inc.,a Florida not-for-profit corporation,with-and-into Living Word Oamily.��Church,Inc. 3. That the above-describe, - a+pa ies,fd -cerfai cies of Merger with the Florida Secretary of State on f a 14;261 Inergn�' d, Inc;. with and into Living Word Family Church, Inc.;/aria ttaat,t vih Wordcam C huicb,,,}Inc. is the surviving Florida entity. A certified cop Dithe Arti�lss of Merg r is"btlac'r as Exhibit"A"hereto. 4. That LIVING WORD FAMILY CHURCH, INI.4% FloriTa'not-for-profit corporation, is the surviving Florida entitras a result of the merPer'described in the Articles of Merger attached as Exhibit "A" hereto,;°and, pursuant-to'lor(da law, LIVING WORD FAMILY CHURCH,INC.,a Florida not-fvr1pra i c ration,is the legal owner of the following described real properties formerlyiitled ame of Razed,Inc.: The East one-half of the South one-half of the Northeast one-quarter of the Northwest one-quarter of the Northeast one-quarter,less the East thirty feet(30')thereof,Section 30, Township 48 South, Range 27 East, Collier County, Florida, bearing Parcel ID Number:00218040001 AND The East one-half of the Southwest one-quarter of the Northwest one-quarter of the Northeast one-quarter, less the South twenty feet (20') thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida, bearing Parcel ID Number:00216720006. 5. That this affidavit is made for the express purpose of updating the official land title records of Collier County,Florida with respect to the above-described properties. Prolaw..437902_2 Affidavit Page 1 of 2 Living tk'ord Family Church MPUD: 17 Property Information-,Attachment"B'' l pdddted June 2013 wN.V,w thivid'4oncngineering.com Packet Page -2268- 10/22/2013 17.C. DAVIDSON OR 4702 PG 2718 FURTHER AFFIANT SAITH NOT. C.Lane Wood SWORN TO AND SUBSCRIBED before me this 12-17.- day of July, 2011, by C.Lane Wood,who is personally known to me,or presented as identification. r/Oren NOTARY PUBLIC umfaallaGRU"St tend JODI L HANES 1.2015 XPIFIE&Ny TYPED,PRINTED OR STAMPED NAME OF NOTARY E Honied Thu Way P.He UrAwartes MY COMMISSION EXPIRES: K 0 / \ f 11 1(01 )1-PJ' \ ( / IE.•••• C Prolaw:437902_2 Affidavit Page 2 of 2 Living — - Word Family Church MK ID: 18 Property Inibrulation- Attit,:hrncmt ptlatcd June 2013 \c'VO d3',u:konengincurinc.com Packet Page-2269- 10/22/2013 17.C. 1111 r DAVIDSON OR 4702 PG 2719 r tfbO-131'/-t3St31 b/i'L/ZUll t1:*Y:9.J API Ynun 1.1 Vv4 ran ova rva •`✓ )arir`(r '<, r+1;.•44.cr,( r�. > .c :too) r)�r Y.rlr;.i. .o )'7 .►'.� "r)(r r' .r� w✓ �r ♦rr Ti +r ..i ar tiro f � r er •.r ..r `Cr n11 sv �r Nr ,'. .,tat. - --1:1-7. rya 11111.• n. Ei t� til t4% •c a. 3epariment of State n, y I certify the attached is a true and correct copy of the Articles of dA� ✓ Merger, filed on May 11, 2011, for LIVING WORD FAMILY CHURCH, INC., the X �d., surviving Florida entity, as show;pnt:,ii,records of this office. CI further certify the documea ;was electron 'a4ly received under FAX audit tj number H11000126351. This/certificate is issusd'in accordance with section et 15.16, Florida Statutes,/and'authentigate4 by'the' code noted below. C .`v 1 rte, V The document number of *hip , tiff=-^ye.N99PD11 OZ oo 6r(" / f \l) ) :\lt V 'j C Authentication Code: 01 00011786-05121i'_N99DOOOb2538-1/1 P P — _.. .� n ri y. I? ,` V ti0Y ad �C3 ��CC33 5 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the .0 C co ; k Twelfth day of May, 2011 1 G.44-414..-•-•--6 D.c °.0 turf . Brafnttittg OF %V' a5errthnrp Of gotu E , . 1� ra {41�r �,�, r,_ ' . a �rrywr rti(7ra r �}V�i V VV°qV tiVj + ✓v r rP� a r��j `ri..`..... ,, ✓ _-rj".`7"A..., as- E ~Q.. .. -. C .r ,d , ✓ ,.r(o," ,e .0 rlf Living Word Family Church\1PlJD: 19 Property Information—Attachment:"B" Updated June 201.: tv' :s davids:oncncinecring.com Packet Page-2270- 10/22/2013 17.C. DE p vLc O N L.N C:N[zkiNG: 4041/4, OR 4702 PG 2720 (((HI 1000128351 3))) Articles of Merger of Living Word Family Church,Inc. and Razed, Inc. Pursuant to§617.1105 of the Florida Statutes,Living Word Fondly Church,Inc.,a Florida nonprofit corporation ("L l'FC f,and Razed,Inc.,a Florida nonprofit corporation("Razed f,jointly and severally adopt the following Articles of Merger forthe purpose of merging Razed with and Into LWFC(the Merger"). FIRST: The name of the surviving corporation is Living Word Family Church,Inc.,a Florida nonprofit corporation which has been issued document number N99000002538. SECOND: The name,jurisdiction anddoccctunwit iii uftlherofthe merging corporation is Name /'(Jarisdiction \ \ Document Number { r \ Razed,Inc. ! /Fl ria \ \ N01000002832 THIRD: The Agreement and Plgn df Merrgerr adoitc by lee nanimous written consent of all of the of Merger.Directors ctors of the foregoing necgin'aorptti is attnelted'as Exhibit A to these Articles FOURTH: The Merger shall be effective on the 10th day fjlviit 2011. FIFTH: The Adoption of the Plan of Merger by`t ezperginwcorporation,Razed was adopted by unanimous written consent of all three (3)-Of theLLrncumbent directors representing all of the directors of the merging corporation all three(3)voting for the merger on the 9th of May,2011. The corporation has no members. SIXTH: The Adoption of the Plan of Merger by the surviving corporation,LWFC was adopted by unanimous written consent of all three(3)of the incumbent directors representing all of the directors of the surviving corporation all three(3)voting for the merger on the 9th of May,2011. The corporation has no members. SEVENTH: The persons signing these Articles of Merger have been delegated the requisite corporate authority to execute and file these articles on behalf of their respective corporations. EIGHTH: The Articles of Incorporation of LWFC, the surviving corporation, shall be the Articles of Incorporation presently on file with the Slate of Florida. Prolow:405975.2 (((HI1000128351 3))) Living!!and Family Church MPUD: 20 Pic pert lntonnation—Attu chnx;nt"B" 1_`r,latcd Jane 201 v t .davulss)ncneineerin corn Packet Page -2271- 10/22/2013 17.C. OR 4702 PG 2721 (((H11000128351 3))) IN WITNESS WHEREOF,these Articles of Merger have been executed on behalf of the parties hereto as of the 0 day of May,2011. LIVING WORD FAMILY CHURCH, INC.,a Florida nonprofit corporation ••■-iprei-AW glik..41,1111P-00" By: 'aul Fos• 'resident RAZED, INC., a Florida nonprofit °Iri‘.°n / \411,-...,,c'B g"44.11jalliblit • •.7"; President '14 • r • Prolaw:4(35975.2 WHI1000128351 3))) Livini\Nord Family Church NIPt 21 Property Information- Attachment"B- pdated June 2013 www.davidsonenginecring.com Packet Page -2272- 10/22/2013 17.C. DE DAVI9S N OR 4702 PG 2722 (((H11000128351 3))) Agreement and Plan of Merger of Living Word Family Church, Inc. and Razed, Inc. This Agreement and Plan of Merger("Agreement")is entered into by and among Living Word Family Church, Inc., a Florida nonprofit corporation whose business address is 10910 Immokalee Road, Naples, Florida 34120 ("LWFC"), the Directors of LWFC, to wit, Paul Foslicn, Maria Foslien, Tony Cooke and Jane Hillman McDonnough, ("LWFC Directors"), Razed,Inc.,a Florida nonprofit corporation whose business address is 10910 Immokalee Road, Naples,Florida 34120("Razed")and the Direetors of Razed,to wit:Jane Hillman McDonnough, Paul Foslien and Maria Foslicn("Razed t irhat&5_e'(1;©nrthis 4 of May,2011. y RECITALS ' \ Whereas, the parties to this A‘._grcemcnFdesire'that LWFC acquire Razed through a transfer of the assets from Razed I L rif fiie f�fecti atrr ss described below;and 1 Whereas, the parties�ereto-.tiesir to at�t o t certain representations, warranties and covenants made by each to the 11i r as an inducementTo.the t xcha�n`ge; Non, Therefore, in consideration of the premises;and of the mutual representations, warranties and covenants and for otlierrgood and valuable'apnsideration the receipt of which is hereby acknowledged,the parties hereby a of s o11<is -% ARTICLE 1 COMBINATION AND ASSET TRANSFER Subject to the terms and conditions contained herein,the Razed Directors shall cause the transfer of the assets of Razed to LWFC by such instruments and documentation as shall be necessary to accomplish that task on the effective date of the merger.Following the transfer of assets Razed will cease its corporate existence in accordance with the Articles of Merger ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF LWFC 21 LWFC is a corporation validly existing and in active status under the Laws of the State of Florida. LWFC is duly qualified to conduct business as a corporation not for profit,and is in good standing.LWFC has all requisite corporate power and authority to own its properties and to carry on its business purposes. 2.2 LWFC has no Members.No person or entity is entitled to the residual assets of the LWFC. Prolaw:405975.2 (((HI 1000128351 3))) Living Word d Family Church MP!JD: 22 npert. Information— Attachment"B" ( paat€zi June'''01; ‘:.tla,ulamenginecrinmcom Packet Page-2273- 10/22/2013 17.C. DAVIDSON OR 4702 PG 2723 (((HI 1000128351 3))) 2.3 True and complete copies of the Articles of Incorporation and Bylaws of LWFC have been made available to the Board of Directors of Razed. The minute books of LWFC have been made available to Board of Directors of Razed for examination and contain complete and accurate records of all material corporate action taken by the Board of Directors of LWFC. 2.4 The execution and delivery of this Agreement and the other documents and instruments to be executed and delivered by LWFC pursuant hereto and the consummation by the LWFC of the transactions contemplated hereby and thereby have been duly authorized by the Board of Directors of LWFC. 2.5 The LWFC has filed all Tax Returns required to be filed by it and all such returns are complete and accurate in all respects. LWFC has paid or made adequate provision for the payment of all taxes owed,whether or not shown as due on such tax returns. 2.6 Title to Assets. 2.6.1 LWFC has good and.lillcta .tttle:tp all of its assets and properties free and clear of all liens,except those i 9lbsed to Razed l'oi Directors. • f t-/ ,r \ 2.62 All of LW C's-tangible-pmpe ,taken as'a whole,is in good operating condition and repair,subject/to tionnal weat.and tear,'and is'usable in the ordinary course of business consistent with LWFC'Srtia5t pry(,dice . ` x27) I r, , 1t 3 � REPRESENT TIONS AND WAR NTIEn'4F RAZED 31 Razed is a not for prdit corporation validly eitisting and in active status under the Laws of the State of Florida. Razed rs dt y fivafi1I g to,sonduct business as a corporation and has all requisite corporate power and authoritk-t own-snd operate its properties and to carry on its business as and where.such is now being conducted. 3.2 Razed has no Members.No person or entity is entitled to the residual assets of the Razed. 3.3 Razed does not own, directly or indirectly, any capital stock or other equity securities of any other corporation or have any direct or indirect equity or other ownership interest in any entity or business. 3.4 True and complete copies of the Articles of Incorporation and Bylaws of Razed have been made available to the Board of Directors of LWFC. The minute books of Razed have been made available to the Board of Directors of LWFC for examination and contain complete and accurate records of all material corporate action taken by the Board of Directors of Razed. 3.5 The execution and delivery of this Agreement and the other documents and instruments to be executed and delivered by Razed pursuant hereto and the consummation by the Razed of the transactions contemplated hereby and thereby have been duly authorized by the Board of Directors of Razed. t'rolaa^405975.2 (((HI1000128351 3))) Living Word Family Church MPUD: 23 Propert} Information—.attachment"B" Updated June 20 i u FF vv.david,onenginecring.com Packet Page-2274- 10/22/2013 17.C. De DAVIDSON OR 4702 PG 2724 (((HI 1000128351 3))) 3.6 Razed has filed all tax returns required to be filed by it and all such returns are complete and accurate in all respects. Razed has paid or made adequate provision for the payment of all taxes owed,whether or not shown as due on such tax returns. 3.7 Title to Assets. 3.7.1 Razed has good and marketable title to all of its assets and properties free and clear of all liens,except those disclosed to LWFC's Board of Directors. 3.7.2 All of Razed tangible property, taken as a whole, is in good operating condition and repair,subject to normal wear and tear,and is.usable in the ordinary course of business consistent with Razed past practices. ARTICLE 4 COVENANTS From and after the date of this"Ag+r cftAth,parties shall comply with the following covenants: % ��j' ►;j 4.1 Reasonable access during-normaLbt?siness hours to all of the properties,books, records, contracts and documents ortWFt ,and Rased for The purpose of such inspection, investigation and testing as hazed de-Fins,aj p 7\ 1{ f � ! 1 , l ' ,, I I 4.2 LWFC and Razed wilLearryon2hetr ontirt Ting business activities in the ordinary course and in substantially Tile`same manner as heretofore cofiicted and will not make or institute any material changes ja its methods of puhase,salemanagement, accounting or operation. \'f-\ ' P",- 4.3 LWFC and Razed shalt not'ei' erintp ti %inatenal contract outside of the ordinary course of business. ARTICLE 5 CONDITIONS PRECEDENT TO LWFC'S OBLIGATIONS Each and every obligation of LWFC to be performed on the Closing Date shall be subject to the satisfaction prior to or at the Closing of each of the following conditions: 5.1 Each of the representations and warranties made by Razed in this Agreement shall be true and correct in all material respects when made and shall be true and correct in all material respects at and as of the Closing Date as though such representations and warranties were made or given on and as of the Closing Date,except for any changes permitted by the terms of this Agreement or consented to by LWFC; provided that for purposes of this Section 5.1, if any representation or warranty made by Razed includes a materiality qualifier,such qualifier shall be disregarded solely for purposes of determining compliance with this Section 5.1. 5.2 Razed shall have performed and complied with all of its agreements and obligations under this Agreement that are to be performed or complied with by it prior to or on the Closing Date. Prolaw:405975.2 (((H11000128351 3))) _ aw rte; Living Weed Family Church I\11311D: 24 Properte information-,4uachment"B- E punted June 2013 we ,1ayid oncncinecrinc.cuiu Packet Page-2275- 10/22/2013 17.C. DE DAVID50N OR 4702 PG 2 72 5 (((HI 1000128351 3))) 5.3 All approvals, consents and waivers shall have been received, and executed counterparts thereof shall have been delivered to LWFC prior to the Closing. 5.4 The Articles of Merger shall be filed with the Florida Department of State. 5.5 Certified copies of the resolutions of the Razed Directors, authorizing and approving this Agreement and the consummation of the transactions contemplated by this Agreement. 5.6 Incumbency certificates relating to each person executing any document executed and delivered to LWFC by Razed pursuant to the terms hereof. ARTICLE 6 CONDITIONS PRECEDENT TO RAZED OBLIGATIONS Each and every obligation of Rau4to-be perIbrmed on the Closing Date shall be subject • to the satisfaction prior to or at the Ciosi i lief Fach,dfi ti'following conditions: 6.1 Each of the represen ions and warrantie§4kle,by LWFC in this Agreement shall be true and correct in all'mateirial-respe ec swhets nade`and`shall be true and correct in all material respects at and as of the/Cltg ate,as tjio4�gh such representations and warranties were made or given on and as of h iE elrc`ciffi rs iny changes permitted by the terms of this Agreement or consented by Raked;rropirdg+�.tliatt 'orpurpoes of this Section 6.1,if any representation or warranty z tartid,'b+tlo' F,;( tciutl ,a m ,g&litrqualifrer,such qualifier shall be disregarded solely for purPbses of determining coittplianae witl i,his Section 6.1. .4c i /o/ 6.2 LWFC shall haye'3ierformed and complied Cwith all of its agreements and obligations under this Agreement thaype,to be performet( r complied with by it prior to or on the Closing Date. f c: 6.3 All approvals, consents and waivers shall have been received, and executed counterparts thereof shall have been delivered to Razed prior to the Closing. 6.4 The Articles of Merger shall have been filed with the Florida Department of State. 6.5 Certified copies of the resolutions of the LWFC Directors, authorizing and approving this Agreement and the consummation of the transactions contemplated by this Agreement. • 6.6 Incumbency certificates relating to each person executing any document executed and delivered to Razed by LWFC pursuant to the terms hereof. ARTICLE 7 MISCELLANEOUS 7.1 Further Assurance. From time to time,at a Party's request and without further consideration,the other Parties will execute and deliver to the requesting Party such documents Prolaw: 405975.2 (((H110001283513))) Living Word Family Church N41'UD: 25 Property Information—Attachment"13" Updated June 201 3 www.davidsonengineering.com Packet Page -2276- 10/22/2013 17.C. DE DAVIDSON .,fie OR 4702 PG 2726 (((H1 1000128351 3))) and take such other action as the requesting Party may reasonably request in order to consummate more effectively the transactions contemplated hereby. • • 7.2 Assignment. The rights and obligations of a Party hereunder may not be assigned,transferred or encumbered,in whole or in part,without the prior written consent of the other parties;provided,however,Parent may assign its rights hereunder,in whole or in part,for the benefit of its lenders. 7.3 Law Governing Agreement. This Agreement shall be construed and interpreted according to the internal Laws of the State of Florida,excluding any choice of law rules that may direct the application of the Laws of another jurisdiction. 7.4 Amendment and Modification. Razed and LWFC may amend, modify and supplement this Agreement, and any of the terms, covenants, representations, warranties or conditions hereof may be waived,only by a written instrument executed on behalf of all of the parties hereto or,in the case of a waiver,by-the waiving compliance. 7.5 Notice.All notices;;i@4nesfs,demands ^ other communications hereunder shall be given in writing and shall bek(a) personally deliv re ed; ((b) sent by telecopier, facsimile transmission or other electronic meats s.of-transmitting written documents; or (c) sent to the parties at their respective addresses indicatd herein_by registered Or certified U.S.mail,return receipt requested and postage ep i // ` ' p req repard, qE`�y, ni✓stovmi ht mail courier service. The respective addresses to be used for all stschatotic 4cmanls or r gists are as follows: If to LWFC: 7 •, Laving Word amity Church,Inc. Attn.. PaulF`osiien Z 1091 I alee Road T ( Naples;,■loiida 34120 If to Razed: -Razed,Inc. Attn: Paul Faslicn 10910 Immokalee Road Naples,Florida 34120 with a copy to: Salvatori,Wood&Bucket Attn: C.Lane Wood,Esq. 9132 Strada Place,Fourth Floor Naples,Florida 34108 If personally delivered, such communication shall be deemed delivered upon actual receipt; if electronically transmitted pursuant to this paragraph, such communication shall be deemed delivered the next Business Day after transmission(and sender shall bear the burden of proof of delivery);if sent by overnight courier pursuant to this paragraph,such communication shall be deemed delivered upon receipt;and if sent by U.S.mail pursuant to this paragraph,such •communication shall be deemed delivered as of the date of delivery indicated on the receipt issued by the relevant postal service,or,if the addressee fails or refuses to accept delivery,as of the date of such failure or refusal. Delivery to the Company Representative shall constitute pr Taw:4054 5.2 (((HI 1000128351 3))) Living,Word Family Church MK ID: 26 Propert inftmmanuon— Aitachrnent June?W; v.da :II e+ineering.coiii Packet Page -2277- 10/22/2013 17.C. DAVIDSON 11 e OR 4702 PG 2727 (((HI 1000128351 3))) delivery to all Company Directors. Any Person may change its address for the purposes of this Agreement by giving notice thereof in accordance with this Section. 7.6 Expenses.Regardless of whether or not the transactions contemplated hereby are consummated: 7.6.1 Brokerage. There is no broker involved or in any way connected with the transfer provided for herein on their behalf respectively and each agrees to hold the other harmless from and against all other claims for brokerage commissions or finder's fees in connection with the execution of this Agreement or the transactions provided for herein. 7.6.2 Other. Except as otherwise provided herein,each of the Parties shall bear its own expenses and the expenses of its counsel and other agents in connection with the transactions contemplated hereby. 7.6.3 Entire Agreement: Binding—Effect. This Agreement embodies the entire agreement between the Parties hereto tl4 eet{2d jr transactions contemplated herein,and there have been and are no agreett el ;-r presentatiohs-•oa arranties between the parties other than those set forth or provided 'dt i erein or executed gnttnporaneously or in connection herewith. This Agreement shall be'btnding-upon-utd shall''inurG to the benefit of the Parties hereto and their respective le representalfves;-succesi rs ands ermitted assigns. �i `u I 7.6.4 Headings.,„ ead� ings its t ts-'A a pt aLe inserted for convenience only and shall not constitute' piYr1'tlt of `y. A C ! j 7.6.5 Construction,Where any group ^category,of items or matters is defined collectively in the plural number;-any item or matter within 4_uch definition may be referred to using such defined term in the singular,'numberr. �-`.;, % f'I-ff'[" II'', -----" 7.6.6 Interpretations.Neitfrer-thtsAgreement nor any uncertainty herein shall be construed or resolved against any Party,whether under rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all parties, and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties hereto. 7.6.7 Severabil .Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall,as to that jurisdiction,be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms and provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable,the provision shall be interpreted only so broad as enforceable. t'rotaw: 405975.2 (((HI 1000128351 3))) Living Word Famill Church 1I1'1D: 27 Property lnfonuation—Attachment"13" Undated June 3013 lw w v.V.kia tKkOnenCineerinc'.coru Packet Page -2278- 10/22/2013 17.C. DE DAVIDSON *** OR 4702 PG 2728 *** (((HI 1000128351 3))) IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year first above written. LIVING WORD FAMILY CHURCH, INC.,a Florida nonprofit corporation ,0 By: • o '.ent RAZED, INC., a Florida nonprofit ration f 40000, w )3. - =iii=°�=�.�►— r . :„ Gt �, ,�l� ..,�} " t� ,Pre dent "4., i ...,,'e ter` 407 / I>rola.,:405975a (((HI 1000128351 3))) I »ins,tVord Family Church MPt ID: 28 Pr zperty 4nh r a i:>n— Attachment•'13" C pdat:ed.tune 20!3 WV,V, a�i ltoncn .,n enu .a>m Packet Page-2279- 10/22/2013 17.C. DAVIDSON ( �arv.1E Lk;NC: 3769813 OR: 3967 PG: 3016 RECORDED in OFFICIAL RECORDS of COLLIER C0011T1, FL 01/t9/IO06 at 10:29A1(DNIGHT E. BROCA, CURE CONS 250000.00 DAVID C.BOURGEAU RIC FEE 18.50 SWALM, BOURGEAU&DAVIES,P.A. D0c-.70 1750.00 Mtn: 2375 Tamiami Trail N.,Suite 308 ROARLES I BRADT Naples,Florida 34103 1395 PANTHER LANE 4300 NAPLES FL 34109 Property Appraisers Parcel Identification 00218040001 THIS INSTRUMENT WAS PREPARED WITHOUT THE BENEFIT OF TITLE EXAMINATION OR LEGAL OPINION. WARRANTY DEED THIS WARRANTY DEED made this $ day of JANUARY, 2006,by EDITH M. KRAPE, hereinafter called the Grantor,to RAZED,INC.,a Florida Non-Profit Corporation, whose post office address is 521 West Street.Naples,FL 34108, hereinafter called the Grantee: WITNESSETH:That the Oratttorlbr 'rl co r non of the sum of$10.00 and other valuable considerations, receipt hereof is hereby aclm6gtledged, does hereby grant, bargain, sell, alien, remise, release, i?onvai and confirm unto tltb.Grantee its successors and assigns forever,all that certain land situate unColjierCbunty;' tate of Florida,viz: The East one-half of therSau ion -1talf,ditthe p asst quarter of the Northwest quarter of the Northeast quarte.4less)ie a.t hjrty feet�l(30)t'tlleneof,Section 30,Township 48 South,Range 27 East,.Lollref Co`itmy;Florida. fin; Subject to zoning, louring code and other,restnottbns imposed by governmental authority, outstanding oil, gas an mineral interests of,rec0;if any, restrictions, reservations and easements common to the stl 1dr'dts aruf-ad aloiari and non ad valorem real property taxes accruing subsequent to Deeember3 /i005:-I`t ' TOGETHER,with all tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except as described hereinbefore. Grantor warrants that the land described is not the homestead of the Grantor,and neither the Grantor nor Grantor's spouse, nor anyone for whose support the grantor is responsible,resides on or adjacent to said land. Living Word Family Church N1PUD: 29 Property Information—,attachment"13" E ndated June 2(11:? w� corn Packet Page-2280- 10/22/2013 17.C. i :e DAVI.DSON * OR: 3967 PG: 3017 IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day { and year first above written. Signed in the presence of:/ <.,61) /9 9,g.2. y4.4 gi Witness#1 -Signature EDITH M.KRAPE lG11('te 4 • OLtJP kw Printed Name of Witn ss#1 Witness 6,14,49_ f:. //a-4-"----.' /P°, '.#2-Signature ✓1c � Post ice Address +/G h vi c H 1 7)111 P ---- "-"d (Printed Name of Witness#2) ffa \A ' `��, _ STATE OF FLORIDA / E/ ' 4��1^� \/ (.7(COUNTY OF COLLIER f ( !� °} �} The foregoing instrument'.was acknowledgedbefore me u, h day of JANUARY,2006,by EDITH :,KRAPE,( ) who'isper'sonaily known to me or(c4 who has produced `� . ,e2 S . CF fll /''")is identificai=n. (SEAL) '''f-' '" ___. /�[ - :iF 'l f ` e."w,.Donna No x Public Signature •\,,J Evros October 13,2006 DC N.K 0. l(. Lv P My Comnsion130139652 Notary Public Printed Name My commission expires: ,- /3/vim t r%urn htnd Fanny Church \IP.JD: 30 _. Pik pc,- . I rsn rfl1 floe— An.�chment"B•` I :ld_n?ed Junc 2012 , \\ .11v id,oncr:Ineerinu.coin Packet Page -2281- 10/22/2013 17.C. DAVIDSON LEGAL DESCRIPTION ATTACHMENT "C" PARCEL 1: THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE SOUTH 10 FEET THEREOF,THE NORTH 10 FEET THEREOF AND THE PROPERTY CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252,PAGE 226 AND BOOK 3252,PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,BEING IN SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST,COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST, COLLIER COUNTY,FLORIDA. PARCEL 3: THE EAST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER,LESS THE EAST 30 FEET(30')THEREOF, SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER(NW 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST LESS THE NORTH 20 FEET THEREOF, COLLIER COUNTY,FLORIDA. PARCEL 5: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30,TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT-OF-WAY; LESS THE EAST 30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET THEREOF. PARCEL 6: THE SOUTHEAST QUARTER(SE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4)OF THE NORTHWEST QUARTER(NW 1/4) OF THE NORTHEAST QUARTER(NE 1/4),LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS AND THE EAST ONE HALF(E 1/2) OF THE NORTH ONE HALF (N 1/2)OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHWEST QUARTER(SW 1/4)OF THE NORTHEAST QUARTER(NE 1/4), LESS THE EAST 30 FEET THEREOF,FOR INGRESS AND EGRESS. ALL IN SECTION 30,TOWNSHIP 48 SOUTH,RANGE 27 EAST, COLLIER COUNTY, FLORIDA. L.1 _ V%t 1IN D 1 (. I )c,,;_1rc,E,'1 It ati;73T�. ,z= L:' t i'_Li.i crerH)C _.Sl .eri1 .ccn1 Rc,,keo chr1k;ry 7U I Packet Page-2282- 10/22/2013 17.C. DE DAVIDSON TOGETHER WITH THE NORTH 20 FEET OF THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER(SW 1/4) OF THE NORTHEAST ONE- QUARTER(NE 1/4) OF SECTION 30,TOWNSHIP 48 SOUTH, RANGE 27 EAST,COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30,TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (OFFICIAL RECORDS BOOK 4874,PAGES 1750-1753) AND THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA. (OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753) 2 C ,ct 1-:lmwry?WS Packet Page-2283- 10/22/2013 17.C. 1 ''e DAVtD50N PUD REZONE CONSIDERATIONS (LDC SECTION 10.02.13.B) ATTACHMENT "D" 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. Response: This rezone petition seeks to convert +/- 35.6 acres of land, currently zoned Agricultural — Mobile Home Overlay (A-MHO)/ Conditional Use to a Mixed-Use Planned Unit Development (MPUD)for the development of a church, and church-related uses and future limited community facility uses. The property is bound by Immokalee Road to the North, with the Twin Eagles golf course and community beyond. To the West are Rivers Road, vacant parcels, a Church campus and an improved single-family residence. To the South are vacant parcels and a parcel developed with single-family residences. Moulder Drive borders the subject property to the East with vacant land owned by the School District beyond. Ingress and egress to this parcel shall be limited to the access points shown on the Master Concept Plan. The direct access point on Immokalee Road is limited to a right in, right out function. The proposed mixed-use project will provide sufficient buffering and screening as set forth in the PUD document and will be supplemented with the requirements outlined in the Collier County Land Development Code. Central water and sewer services do not currently service this area. Until service is provided, well and septic systems shall be utilized until service is provided. The project will not adversely affect the current Level of Service (LOS). The project will continue to act as a transitional use, as the existing church campus has already been permitted per Conditional Use (Resolution 06-03). This rezone seeks to add additional land, as well as church related and limited community facility uses. Based upon these factors the proposed project is compatible with the adjacent properties. 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. 1,tv iiiz Word d until) Church MPUD: PUD Rezone 1 Consideration Attachment"`D'' www.tiavidsonenoineerin g.com plated February 2013 Packet Page-2284- 10/22/2013 17.C. DE DAVIDSON Response: The land is owned by the petitioner. Any common areas within the project, including all preserve areas, will be owned and maintained by the property owner, or subsequent property owner or designated association(s). 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Response: The proposed project is consistent with the Collier County Growth Management Plan (CCGMP) through the application of the development standards contained in this MPUD. The proposed project is consistent with the following specific policies and objectives: Policy 5.4 of the CCGMP: The proposed development is compatible with and complimentary to its surrounding land uses in that the project will continue to act as a transitional use, as the existing church campus has already been permitted per Conditional Use (Resolution 06-03). This rezone seeks to add additional land, as well as church related and limited community facility uses. All of the surrounding properties will be sufficiently buffered in accordance with LDC requirements. Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is furthered by the water management design of the project which utilizes dry and wet retention areas for water management. As a result, the cumulative impacts of run-off are reduced and water quality treatment is improved. The project development is planned to protect the function of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. The project shall be in compliance with Objective 3.1 of the Conservation and Coastal Management Element of the Growth Management Plan. The project will achieve consistency with Objective 2 through the demonstration of facility and system capacity at each stage of the development order process as applicable. The rezone is in the form of a PUD (MPUD) in accordance with Policy 6.5 1 n tng Word Family Church N111UD:PUD Rezone C 2 on :;idcr ttions Attachment"D" www.dat iLlsonen<incerinc.com Lpdaied February 2013 Packet Page-2285- 10/22/2013 17.C. P RSON 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. Response: The proposed MPUD complies with the buffering requirements for community facilities and adjacent land uses set forth in the LDC and GMP. The proposed uses, setback requirements and maximum building height are consistent with existing and potential adjacent land uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed project will meet or exceed the required open space per the LDC when completed. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The project will comply with the Collier County Adequate Public Facilities ordinance where applicable. The site will eventually be served by central water and sewer. Until such service is provided, a private well and septic system will be installed to serve the project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Response: There is potential for the campus to expand should adjacent lands become available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed MPUD complies with all applicable regulations set forth in the Collier County Land Development Code for a community facility development. Living ing 1\or a Family Church \1PUD: PUD Rezone 3 Considerations -1ttachmcnt"I3 vt vN"v-v da%;d,cinc r gincerrng.com pdatcd Fcbruar■ 3013 Packet Page-2286- 10/22/2013 17.C. DAVIDSON SUPPLEMENTAL DEVIATION AND JUSTIFICATION SUMMARY ATTACHMENT "E" 1. A deviation from LDC Section 4.05.04.G which states that multi-family clubhouse structures require parking spaces at a ratio of 1 parking space per 200 square feet and swimming pools require parking spaces at 1 per 75 square feet for the first 1,000 square feet and each additional 125 square feet of water areas, in order to provide parking for the clubhouse and pool at a ratio of 1 parking space per 800 square feet, or 25% of the standard clubhouse parking standard. Summary: This deviation seeks to simplify the parking requirements for a clubhouse for group care housing units. The proposed deviation would provide sufficient parking for all potential tenants, tenant visitors and employees of a proposed assisted living facility at a lower rate of what is required in the LDC because of the limited likelihood of tenants driving and or retaining automobiles on-site to access the clubhouse and pool amenities. It's assumed tenants would be less likely to drive or require parking for a vehicle because the facilities would be pedestrian accessible to them from their units. Therefore the lessening of the parking requirement is justified. . t t ;:gin C hu; t: 1 c ft.n L.. .� ,...vim.€. .,..,. >3; - l t �;u ? ,'a Jf� I '3� . [Fi Packet Page -2287- 10/22/2013 17.C. DE DAVIDSON t ��.� oaf:i.ir... GROWTH MANAGEMENT PLAN COMPLIANCE NARRATIVE ATTACHMENT "F" This rezone petition proposes to rezone ± 35.6 acre collection of several parcels of land (the "Property") from Agricultural (A-MHO) to Mixed-Use PUD (MPUD) for the development of church, church related and limited community facility uses. The subject property is located±2.46 miles West of Wilson Boulevard and±2.64 miles East of Collier Boulevard (C.R. 951) South of Immokalee Road. It is bound by Immokalee Road to the North with the Twin Eagles golf course and community beyond. To the west are vacant parcels, a Church campus and an improved single-family residence. To the South are vacant parcels and a parcel developed with several single-family residences. Moulder Drive borders the subject property to the East with vacant land owned by the Collier County School District beyond. Currently County water and sewer service is not available to serve the subject property. Until service is provided, well and septic systems shall be utilized until service is provided. The proposed land uses are consistent with the Agricultural/Rural Land Use Designation (Rural Fringe Mixed-Use District) in the Future Land Use Element and represent compatible land uses with the surrounding properties. The project as proposed furthers the goals and objectives of the GMP as follows: • The project will achieve consistency with Objective 2 through the demonstration of facility and system capacity at each stage of the development order process as applicable. • The rezone is in the form of a PUD (MPUD) in accordance with Policy 6.5 • Policy 5.4 of the CCGMP: The proposed development is compatible with and complimentary to its surrounding land uses in that the project will continue to act as a transitional use, as the existing church campus has already been permitted per Conditional Use (Resolution 06-03). This rezone seeks to add additional land, church related and limited community facility uses. All of the surrounding properties will be sufficiently buffered in accordance with LDC requirements. • Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is furthered by the water management design of the project which utilizes dry and wet retention areas for water management. As a result, the cumulative impacts of run-off are reduced and water quality treatment is improved. • The project development is planned to protect the function of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. • The project shall be in compliance with Objective 3.1 of the Conservation and Coastal Management Element of the Growth Management Plan. The proposed rezone will change the land uses permitted on the subject property from agriculture with a mobile home overlay and currently a church facility permitted by conditional use (Resolution 09-213), to church related and limited community facility uses. The subject property will be adequately buffered from surrounding development via landscaping required by Section 4.06.02 of the LDC and Section E of the approved PUD document. iti°i 3r i girt � �ttiiy iuj Uh %IP',D j � Packet Page-2288- 10/22/2013 17.C. 1 V~= 1 _ss r��f i ROAD ,-k-s � fin." ?O;KAL I l IMM - " r f. .,P .4 N „\ W w i x„fi � H iF' i s. 1 }1 f :• 1-%:---jr_ � - j k r 4 e Y+i ; 4"� {Y• M d# f, a t 'a :ce bx :,1'.".':.'. 4:1 fi` .4 d� tSTNG' �Aj 0 1 '�1 f f 0 rx ..�4ra ,^s 3t 7; it If v i s„ ' CHU.mh y q a +k Q 4 7 r'e d "� fK.a 4 , , .0 ; �a . i�•fi r ' ., i SS i'44:i ;'w °,� A T .,r gg .' r : r . �'". 4r+ L, .` ' n r � s e t r ,. s s Z �� � .,�k yp� x 4 g 7 � ff l . 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Tocia Hamlin Subject: FW: Living Word Church Conditional Use Attachments: image001.jpg From: zyvoloski_r [mailto:RichardZyvoloski @coiliergov.net] Sent: Monday, November 07, 2011 11:34 AM To:Tim Hancock Cc: Jessica Ramos; Fred Hood; clemens_p Subject: RE: Living Word Church Conditional Use Collier County Emergency Management Department is only required to review and approve plans of the following type facilities: ALFs,Nursing Homes,Hospitals, Ambulatory Surgical Centers and Adult Day Care. There is no statutory requirement for us to review church or school plans. Thank you. rick Richard A.Zyvoloski Jr.,FPEM Coordinator Collier County Emergency Management Dept. 8075 Lely Cultural Parkway Suite 445 Naples,FL 34113 Office: 239-252-3603 Pager: 239-982-1931 FAX: 239-252-6735 Emergency Management Home Page: www.CollierEM.org Click on THIS line for today's Extended Weather Videocast for Collier County Check out our local WX(you may need to cut-n-paste the entire link into your browser): Packet Page-2292- 11/7/2011 10/22/2013 17.C. Collier County Emergency Services Center: http://weather.weatherbug.com/weather-safety/online-weather- center/OnlineW eatherCenter.aspx?aid=1948 Collier County Ochopee Fire Station 60: http://weather.weatherbug.com/weather-safety/online-weather- center/OnlineWeatherCenter.aspx?aid=1950 Collier County Isles of Capri Fire Stn 90: http://weather.weatherbug.com/weather-safety/online-weather- center/OnlineWeatherCenter.aspx?aid=1949 If you choose to share personal information with Collier Bureau of Emergency Services and Emergency Management and its Departments and Divisions by using an e-mail message, we will use the information only for the purpose necessary to conduct government business with you.However,under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this agency. Instead contact the office or individual by phone or in writing. In addition, any information you provide may be saved for a designated period of time to comply with Florida's archiving policies and may be subject to disclosure as required by State or Federal law. Please note that Florida's public records law requires that all information received in connection with state business be made available to anyone upon request,unless the information is subject to a specific statutory exemption. From: Tim Hancock[mailto:Tim @davidsonengineering.com] Sent: Monday,November 07, 2011 11:28 AM To: zyvoloski_r Cc: Jessica Ramos;Fred Hood Subject: Living Word Church Conditional Use Dear Mr. Zyvoloski; This e-mail is intended to recap our conversation earlier today that the proposed Conditional Use application for a church expansion and accessory uses will not require an Emergency Preparedness Plan from your department. If you would kindly affirm this position via a response e-mail I would greatly appreciate it. Regards, Tim Hancock,AICP -oft Director of Planning 11/7/2011 Packet Page-2293- 10/22/2013 17.C. Tim a,davidsonengineerina.com www.davidsonengineering.com Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 Phone 239.434.6060 ext.2983 Fax 239.434.6084 Disclaimer: This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s). Any unauthorized review,use,retention,disclosure, dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. Packet Page-2294- 11/7/2011 .o„amos.5e 3Y0 "'” a. Wild 1d30NOD 2131SVW w . 1 0/22/201 3 17.C. AB 13,VC,'Srict. PYN +V KC 311ns Buu'''' Pr21-16— ,VN� ne HMV. 3nIL0 Sll1HNg5511Y 05. ��1 - lio NXo AIIWtlf ONOM'JNIAII 3NOZ3i!OfldW srvasln3e r 31Y0 1H31�� l HONf7H0 A1IWVd @IOM`JNIAII B ` r' CC LL O Z W H a m J o UZd 0 w N _° w I 2 W a w a a Q N° v t = > U LL (948 O0 UNf00)avo 33ldNOWWI ui 1-•m N_ 7 , •--. 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' ecotone en irkinm( t1tal PROTECTED SPECIES SURVEY (PSS) LIVING WORD CHURCH SECTION 30 TOWNSHIP 48 SOUTH, RANGE 27 EAST APPROXIMATELY 35.60 ACRES Prepared for: COLLIER COUNTY ENVIRONMENAL SERVICES DEPARTMENT Cc-uxty 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 January 30, 2013 2223 Trade Center Way—Naples,Florida 34109—Phone:239.205.3222 Www.ecotoneenv.com Packet Page-2297- 10/22/2013 17.C. �tecot«ne 0--# r11 r n nentai f•° INTRODUCTION The purpose of this report is to provide an updated protected species survey on the Living Word Family Church property. The most recent comprehensive survey of the existing Living Word campus was conducted in 2011. The 2011 survey covered a church ownership of 30.20 acres. This protected species survey provides an update to that report while incorporating an additional +/- 5.4 acres of newly acquired property. LOCATION The Living Word Church campus is located immediately south of Immokalee Road, approximately 2 miles east of Collier Boulevard in Section 30 Township 48 South, Range 27 East, in Collier County, Florida. See (Figure 1).The parcel totals approximately 35.60 acres. I ; IMMOKALEE ROAD ,,,w--- . : 5 !ne Li raa4!Aius`.nza,WAS-. 'ev�5r ".� oufi'pi.n�n,.=.:a:£ �a mrv.S.w,vf-.ti �`.Y W co tut Jo o VANDERBILT BEACH RD Tt r yFtibRr I 47 ►� .r7 ���2 LEGEND -_"- j�'� -SUBJECT PROPERTY •i ER � Al — �'�� E 0 1 `+, s MILE Figure 1.Site Location. SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher 2 www.ecotoneenv.com Packet Page -2298- 10/22/2013 17.C. ecotone ent is onn)ent tl Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2012) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 2 & 3). Then the resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: ▪ A list of animals and birds was obtained from the FWC publication "Florida's Endangered Species, Threatened Species & Species of Special Concern-Official Lists", Publication Date: October 2012. • A list of protected plant species was obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology- Botany Section, Contribution 38, 5th Edition-2010). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See table 1 of this report for the species list that applies to this property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community. If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non-listed species are then recorded. Listed species locations are typically flagged and marked by GPS. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of Big Cypress fox squirrels and listed wading birds. EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 70's. Cloud cover varied from partly cloudy to full sun. Approximately 4 man-hours were logged on the property during this species survey. Table 3 details dates and times spent in the field. The 35.60 acre Living Word property is surrounded by low density land uses, which include the following: West Residential\Undeveloped\Rivers Road North Immokalee Road South Undeveloped\Residential East Undeveloped\Residential Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999)for definitions. Specific vegetation present is further detailed in Table 4. 3 www.ecotoneenv.com Packet Page -2299- 10/22/2013 17.C. oecototie Vz,Nti mental Existing Church Campus, FLUCCS 172, 10.91 Acres This portion of the property contains the existing church and consists of buildings, parking, and water management areas. Agricultural Facility, FLUCCS 200, 0.17 Acres This community is found in the southeast corner of the existing preserve. The area is an encroachment by the adjacent landowners and appears to have been historically cleared. Tree Nursery, FLUCCS 240, 4.80 Acres This portion of the property contains a tree nursery and is in agricultural use. Groundcover is mowed and maintained, dominated by bahia grass. Palmetto Prairie, FLUCCS 321, 0.09 Acres This community is dominated by saw palmetto in the midstory. Canopy is large absent, consisting of scattered dahoon holly. Hydric Brazilian Pepper, FLUCCS 422H, 0.42 Acres This community is dominated by a monoculture of Brazilian pepper. Groundcover is limited due to the dense Brazilian pepper, but includes swamp fern and smilax. Cabbage Palm, FLUCCS 428, 1.86 Acres Canopy vegetation within this community is dominated by cabbage palm with an occasional laurel oak. Midstory includes small cabbage palm, wax myrtle, myrsine, and buckthorn. Groundcover includes beauty berry,wild coffee,grapevine, and caesarweed. Disturbed Cypress, FLUCCS 6219, 0.77 Acres Canopy is dominated by cypress with scattered cabbage palm. Midstory is absent. Groundcover includes dog fennel, caesarweed, and bahia. The entire area is actively being mowed and maintained. Disturbed Cabbage Palm with Cypress, FLUCCS 6249, 11.78 Acres This community makes up the majority of the vacant land east of the existing church and the majority of the existing preserve. Canopy is dominated by cabbage palm and scattered cypress. Midstory includes wax myrtle, buckthorn, myrsine, and young cabbage palm. Groundcover includes dog fennel, broomsedge,tickseed,grapevine,sawgrass, saltbush, and caesar weed. Disturbed Lands, FLUCCS 740, 4.08 Acres This community is located within the existing preserve along the southern property line. It also makes up the majority of the vacant land west of the existing church. The area was historically cleared and is dominated by a variety of disturbed site grasses and vines. Vegetation present includes caesarweed, blackberry, grapevine,Spanish needles,and dog fennel. Hydric Disturbed Lands, FLUCCS 7401, 0.24 Acres This community is found along the western side of the existing preserve. Canopy includes sapling cypress and young cabbage palm. Other vegetation present includes grapevine, maidencane, blackberry, dog fennel, broomsedge,and spermacoce. 4 www.ecotoneenv.com Packet Page -2300- 10/22/2013 17.C. jCC()tO11C environmental Roadway, FLUCCS 814, 0.48 Acres An access road enters the church property from the west, connecting to Rivers Road. Site acreage breakdown by FLUCCS community: FLUCCS 172 Existing Church Campus 10.91 FLUCCS 200 Agricultural Facility 0.17 FLUCCS 240 Tree Nursery 4.80 FLUCCS 321 Palmetto Prairie 0.09 FLUCCS 422H Hydric Brazilian Pepper 0.42 FLUCCCS 428 Cabbage Palm 1.86 FLUCCS 6219 Disturbed Cypress 0.77 FLUCCS 6249 Disturbed Cabbage Palm with Cypress 11.78 FLUCCS 740 Disturbed Lands 4.08 FLUCCS 7401 Hydric Disturbed Lands 0.24 FLUCCS 814 Roadway 0.48 TOTAL: 35.60 5 www.ecotoneenv.com Packet Page-2301- 10/22/2013 17.C. EccOt(nc nt 11 fk - IMMOKALEE ROAD -€ r x` 2, F r `•1, F t t r '`YF3'"' Y s " �, tr...�C b W 1t q F - ' h Y ky} £ nt � ' • .� �L '` r R Hid w r f !p X 1,-.,,,,,i.,- pp('� ff bbq. ti , d'R 3 A IFS U £ .., - x -'' ' EXISTING kr*- „w ,f . , "�r'' f' , 1�a ; , . / 7�u «- 1.i ' V .. t L * s, 814 '.w- o ; . rfiB !+.. ! 9s , f F c � ;,1;7P''''''t 'L a st� . � � � y rrt v N ` #� � .1.>1.1:n 1 l' ' r x Nom. , 3" 240 x-,1 : A" -. ,,ro a�> k A R ,� kr# fSJP `' EXISTING $ �' 426 I I P PRESERVE : x � i ., .{,&�.'<,tia. I F LUC.C.�.,FFwL'JcCcCs 5 2IT0_0 AE G%ft is CrUNLG'UcRNAULRFCAN C cLnITY s , err?, 221 Y :,,"%,";.4�a aA� A} ,LEGEND L w . . . 4 ■ N. W .p4�r. 1,:1:,:1:.,'' SITEBOUNDARY 4. oS MAPPING Mftu •i: ,. ygi .FLUCCS:AO,TREE NURSERY C c,^ Fwccsscr PALMET*DPRAIRE 4 W rZe , FLUCCS<RRH NYDR-C BRA21L AN PEPRER k, .FLUCCS s�8 GABSAGE CALM ��„•d i FLUGG t9 D STUBBED C'!PRE33 .4^B -✓ , $ ,Zr R fLU CG b_19.D:STUREEO CABBAGE PALRA WITH CTCRE55 , f § , .-`' u MP .'"' ld 4vf _4i.FLUCCS T 0.D ETURd EC LANDS 7(`(t "� W a 4 .'� PU'',4-ht i ✓�`"La ''-' 1' Y-o' „"'tom fit, w YDwc D REED uluDS _, � -yi, aF 13 FLUCCS B A ROADWAY �.� 4. m.i�o oo „ r 400 v'`` Y > ',,Qn-;as $a.n .., .. +.'_''',; b .. 3 ``c f rl��r[• ,..7,,,:h,"4 ria Figure 2.Aerial with FLUCCS Mapping. 6 www.ecotoneenv.com Packet Page-2302- 10/22/2013 17.C. .../eccyr()ne n m e n t a I IMMOKALEE ROAD E428 422H ". NEM,ZN. 1-4.- 172 Q 0 w c sa) ,. EXISTING, n CHURCH: cc L.1.1 > ix ......................m.ari,i:,814 240 I rr4e/F, ` 6219 7401 400of -0* t /r /1 t VE 1 j-------- -lpExRIEsZ s-rE R , LEGEND 1• N FL UCC&SA AP$414G •er....=,e1,,S . ..., A .id ._ --"' • ---— S 4_8 c 1 1 00.0.140 20•0........40F0eet Figure 3. FLUCCS Mapping. --. 7 www.ecotoneenv.com Packet Page-2303- 10/22/2013 17.C. y-. rn,irunnlcntal RESULTS\DISCUSSION The various protected species which may occur in the corresponding FLUCCS communities are shown in Table 1. All animal species observed on the subject parcel are detailed in Table 2. Within Table 2, any protected species observed are specifically noted. See (Figure 4) below for representative survey transects. Y " lvioKAL ,YiD A --- ra r '4.'✓ .. , ' rte _ k d _!t`'. f -.■•� ' r _� " i r.. I l l tl �1 i} 72 f I 7. '� r ± ' - ' . I1I 1 EXISTING.., I , 1 I 1 ...-'''''7,1"„,;'2,-A....,t D *VO } 1.' I CHURCH , I I I I - ;,:.:.:'..4.7' 1 L-..1,1-' pp'w ,el I I :'--4F.'S +X ���—ir� f Cam" 814 1 1 1 I 1 ;.- Y r� � � �' I I� �t `�r � ; . - 1 I I .I_ I �; _'; }�t.0 tt• B"M:��PV NG.0�-. ,C CX.al1..C..N r CsA.M.,V.c.U`omS s.1.....L x.-..��s:. ; 2404 t ��e' t;'�� . 4 8 4_..�,r 1* 's^-.` 5 a ' -�, " y.h E i P, ,u-3"` '� A '' nor y B L.v . t i 649 ® tl y n't a '1t: , T. EXISTING._yr ^ PRESER t -Y 6. ^ ::::, � ji Y, �_ dW" -- -1 -- - - ,LEGEND 4+x��. ',:f'-.:;'' "r. � � •,' A r�■reeoCro.ar 7ei.,,fLUCC6]_EXIST T 9 r G r w���, _ a E W0. - va -" 400 x ) 0 Figure 4.Protected Species Survey Transect Map. S www.ecotoneenv.com Packet Page -2304- 10/22/2013 17.C. T/CCOtone #4,7 rfi\ircznmrntai Listed Wading Birds There was no standing water on the property and the water level in the existing water management ponds was very low. No listed wading birds were observed on the property; the water management ponds would be the only favorable habitat with standing water. Big Cypress Fox Squirrel (Sciurus niger avicennia) The property does have scattered habitat that could support fox squirrels, but native canopy vegetation (when present) is dominated by cabbage palm. No signs of fox squirrels were observed on the property. Wild Pine (Tillandsia fasciculata) Several common wild pine (Tillandsia fasciculata) were observed in trees within the existing preserve area. Table 1. Protected species list according to FLUCCS category. auY k k 54k a _•n r r� ,''''r nl• . 172 NONE I 200&240 Florida Panther Felis concolor coryi E E Florida Sandhill Crane Grus canadensis pratensis T 321 Audubon's Crested Caracara Polyborus plancus audubonii T T � Beautiful Pawpaw Deeringothamnus pulchellus _ E E Burrowing Owl Speotyto cunicularia SSC - Curtis Milkweed Asclepias curtissii E - Fakahatchee Burmannia Burmannia flava E - Florida Black Bear Ursus americanus floridanus T - 1 Florida Coontie Zamia floridana C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Frog Rana capita SSC - _ Gopher Tortoise Gopherus polyphemus SSC Eastern Indigo Snake Drymarchon corals couperi T T Southeastern American Kestrel Falco sparverius paulus T - 422H NONE - - - 428 Audubon's Carcara Polyborus plancus audubonii T T l Eastern Indigo Snake T Drymarchon corais couperi T T Florida Black Bear _ Ursus americanus floridanus T - Florida Panther Felis concolor coryi E E I Simpson's Stopper Eugenia simpsonii T - r-- 6219 _� American Alligator _ _ Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - I Florida Black Bear Ursus americanus floridanus T - C _ j Florida Panther _ Felis concolor coryi E E j Gopher Frog Rana capito SSC - j Limpkin Aramus guarauna SSC - 1 ,, 9 www.ecotoneenv.com Packet Page -2305- 10/22/2013 17.C. ..,ecotone Little Blue Heron Egretta caerulea SSC - Snowy Egret I Egretta thula SSC - Tricolored Heron Egretta tricolor SSC - Wood Stork Mycteria americana E E 6249 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink ! Mustela vison evergladensis T - Florida Black Bear Ursus americanus floridanus T - Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Little Blue Heron Egretta caerulea SSC - Snowy Egret j Egretta thula SSC Tricolored Heron Egretta tricolor SSC - Wood Stork j Mycterio americana E E 740&7401 Burrowing Owl Speotyto cunicularia SSC - Gopher Tortoise Gopherus polyphemus SSC Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C=Commercially Exploited Table 2. Birds, Mammals,Amphibians, Reptiles, & Plants Observed on the Subject Property. Birds tf.t"Y- _ C lr-r;F = Killdeer Charadrius vociferus DV N _ - Mourning Dove Zenaida macroura DV, HV N - Turkey Vulture _J Cathartes aura DV N - Gray Catbird Dumetella carolinensis HV N - Northern Mockingbird Mimus polyglottos DV,HV N - Mammals ; t k i 4' t t �� Fpp{ $err 11.7,75, ®r Feral Hog Sus scrofa OT, Rooting N I - ?o www.ecotoneenv.com Packet Page-2306- 10/22/2013 17.C. _iecotone r 1v runmenral Reptiles ei7 `: ii €r€r4 raf cease,. zk 4 'r Brown Anole Anolis sagrei DV N - Amphibians '®1 r Cuban Tree Frog Osteopilus septentrionalis DV N Plants - a �t Et;�r���is�.,. �� =��' iit` ^t,. F��3 -J=��»rP, carp 71oii lAjild Pli fif4r-P =Protected Species Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern CE=Commercially Exploited Observations DV=Direct Visual HV=Heard Vocalization OT=Observed Tracks OH=Observed Hole\Burrow MT=Marked Tree C=Cavity Table 3. Field time spent on the subject property. January 29,2013 9:00 am 1:00 pm 4 Species Survey Total j 4 11 www.ecotoneenv.com Packet Page-2307- 10/22/2013 17.C. ./eCOtO11 C cminonnzcntal Table 4. Representative vegetation by native FLUCCS community on the Living Word Church property. 321—Palmetto Common Serenoa repens saw palmetto mid-story Bumelia celastrina buckthorn mid-story Smilax spp. smilax vine Vitis rotundifolia muscadine grape vine Toxicodendron radicans poison ivy vine Sabal palmetto cabbage palm canopy Occasional Ilex cassine dahoon holly canopy• Myrica cerifera wax myrtle mid-story ;' s t PPk6` a� ...m,.,�.N.az�..m,....,=....a.� 428—Cabbage Palm Common Sabal palmetto cabbage palm canopy Myrica cerifera wax myrtle mid-story Smilax spp. smilax vine Vitis rotundifolia muscadine grape vine Toxicodendron radicans poison ivy vine Urena lobata ceasarweed ground cover Occasional Pinus elliotti pine(slash pine) canopy Quercus laurifolia laurel oak canopy Bumelia celastrina buckthorn mid-story Callicarpa Americana beautyberry mid-story �:yl<,��'.�.{.��y. 'x:�:,_, .e•r-4- .';;�!x, .�', � t_.,`����'.',.$a,5'},,,�'n mom' -'';��,+`�"'.bi,13:.,n. G"i ^�st3�`�ni'.'—max`. 12 www.ecotoneenv.com Packet Page-2308- 10/22/2013 17.C. jjecc>tone "� elly ;rmenY tl Table 4(continued). Representative vegetation by native FLUCCS community on the Living Word Church property. 6219—Disturbed Cypress Common Taxodium distichum bald cypress canopy Sabal palmetto cabbage palm canopy Paspalum notatum bahia grass ground cover Occasional Eupatorium capillifolium dogfennel ground cover Vitis rotundifolia muscadine grape vine Blechnum serrulatum swamp fern ground cover 6249—Disturbed Cypress with Cabbage Palm Common Taxodium distichum bald cypress canopy Sabal palmetto cabbage palm canopy Bumelia celastrina buckthorn mid-story Occasional Eupatorium capillifolium dogfennel ground cover Vitis rotundifolia muscadine grape ground cover Urena lobata ceasarweed ground cover Blechnum serrulatum swamp fern ground cover 13 www.ecotoneenv.com Packet Page-2309- 10/22/2013 17.C. Trebhleock glanning•engineering Traffic Impact Statement Living Word Family Church Mixed Use Planned Unit Development (MPUD) Rezone PL20110000762 Collier County, FL 7/10/2013 Prepared for: Prepared by: Living Word Family Church Trebilcock Consulting Solutions, PA 7550 Mission Hills Drive, Suite 314 1205 Piper Boulevard, Suite 202 Naples, FL 34119 Naples, FL 34110 (239) 566-9551 Packet Page -2310- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) 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. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 2 Packet Page -2311- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Table of Contents Page Project Description 4-5 Trip Generation 6 Trip Distribution and Assignment 7-8 Background Traffic 9 Existing and Future Roadway Network 10 Project Impacts to Area Roadway Network--Roadway Link Analysis 11 Intersection/Turn Lane Analysis 12 Improvement Analysis 12 Mitigation of Impact 12 Appendix A: Project Methodology Meeting Notes (3 Sheets) Appendix B: Project Site Location Map (1 Sheet) Appendix C: Project Master Site Plan (1 Sheet) Appendix D: Project Sunday Trip Distribution —Existing and Build out (1 Sheet) Appendix E: Trip Generation Calculations (3 Sheets) 3 Packet Page-2312- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Project Description The Living Word Family Church Mixed Planned Use Development (MPUD) Rezone project is located in north Naples on the south side of Immokalee Road (CR 846), east of 1-75 at an approximate midpoint between Collier Boulevard and Wilson Boulevard. The project has a street address of 10910 Immokalee Road. Crti.e rt„b C140/4 COutilVe can Weis fa , &arid ,..,,t,; : y f3r�nt Golf R. C{r a.,*_ .sue Z7. t sp)tK, S 2 .. :.t (.JP's, Ctut iETs w. ,. I I Q a ' The existing project site consists of an existing 500 seat church, single family residential property and vacant land. The proposed MPUD project site has a total area of 30.2 acres +/-. The Living Word Family Church MPUD will be developed as a mixed use project which may include a mix of limited community facility uses, included but not limited to a religious facility, religious facility associated uses, a thrift store, missionary housing , a private kindergarten through 12th grade school, a day care and assisted living facilities (ALF). 4 Packet Page-2313- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) The project is located in Section 30, Township 48S, Range 27E, Collier County, FL. Refer to Appendix B for a project site location map and Appendix C for a project master site plan. The Living Word Family Church MPUD Rezone TIS provides a highest and best use scenario with respect to the project's proposed trip generation. The TIS analysis is run based on a land use mix of 5 Missionary Housing Units, 200 Assisted Living Units (occupied beds), a 250 student private school (K-12th Grade), a 2,400 seat- 90,000sf church, a 200 student private day care. The proposed 5,000 sf church thrift/specialty retail center is considered passive incidental to church use and it is not included in the trip generation analysis. This development program is illustrated below. Table 1—Development Program Land Use ITE Land Use Code Total Size Build-Out Year* Missionary Housing(SF) 210 5 single family units 2016 Assisted Living Facility 254 200 occupied beds 2016 Private School(K-12) 536 250 students 2016 Church 560 2,400 seats (90,000 sf) 2016 Day Care Center 565 200 students 2016 Table Note: *2016 Reflected as build out per methodology meeting. The internal site circulation system proposes an internal connection between the existing church and the proposed project expansion. (See Appendix C: Project Master Concept Plan). No new additional external connections to lmmokalee Road are proposed. 5 Packet Page-2314- 10/22/2013 17.C. Living Word Family Church MPUD Rezone July 2013 (PL20110000762) Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. The software program Otiss— Online Traffic Impact Study Software (Version 2.1.0.15) is used to create the raw unadjusted trip generation for the project. Table 2A illustrates the trip generation for the proposed project and identifies whether the ITE rates or equations are used to generate the project trips for a given land use. The trip generations in Table 2B are the proposed net new trips for the project (subtract the background of the existing 500 seat-18,700sf church). Conservatively, no reductions for internal capture or pass-by trips have been taken. The values in Table 2B are what will be used for the trip distribution and assignment in the link analysis. More details of the trip generation calculations can be found in Appendix E. Table 2A—Site Trip Generation (Unadjusted)—Average Weekday 24 Hour ITE Rate Two-Way AM Pk Hour PM Pk Hour or Volume Equation Land Use Size Volume Enter Exit Enter Exit Missionary Housing(SF) 5 single family units 48 3 10 4 3 Equation Assisted Living Facility 200 occupied beds 548 24 12 29 29 Rates Private School(K-12)* 250 students 620 129 83 60 85 Equation Church 2,400 seats(90,000sf) 820 31 19 24 26 Rates Day Care Center 200 students 925_ 80 71 65 74 Equation Totals 2,961 267" 195 182 217 Note*:As a conservative estimate, Private School K-12 AM and PM Pk Hr values are of generator and not of adjacent street traffic. Table 2B—Site Trip Generation (Net Proposed)—Average Weekday 24 Hour Two-Way AM Pk Hour PM Pk Hour Volume Land Use Size, Volume Enter Exit Enter Exit Proposed Project 2,961 267 195 182 217 Existing Church 500 seats(18,700sf) -170 -6 -4' -4 -6 Totals 2,791 261 191 178 211 6 Packet Page-2315- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. The site-generated trip distribution is shown in Table 3 and is graphically depicted on the next page (by Percentage and by AM/PM Peak Hr, Peak Direction). The Sunday distribution (existing and build out) can be found in Appendix D for operation review purposes. Table 3—Project Traffic Distribution for Peak Hour, Peak Direction 2016 2016 2016 Projected Projected Projected CC Distribution AM Hr Peak eak PM Peak PM Peak Roadway Link AUIR Roadway Link Location of Project , Hr,Enter Hr, Exit Link Traffic Direction Project Project ID# Project Traffic Traffic Traffic Volume Volume Volume Immokalee West of Project Site to 50%44 50% 131 89 106 Road Collier Blvd 44 East of Project Site to 500/ 131 89 106 Wilson Blvd South of Immokalee Collier Blvd 30.1 Road 25% 65 44 53 Wilson Blvd 118 South of Immokalee 25% 65 44 53 Road Note: Peak Hr, Peak Direction is AM Pk Hr Entering and PM Pk Hr Exiting Volumes, respectively. 7 Packet Page -2316- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PC2O11OOOO762) Goff u r Living Word Church MPUD Rezone—Distribution Map ' :dare Golf,I;b I �0°Jo Ct 4,• a.. r ogle .:.:... Sri^ azt .". ;I Cypor.a t' il`felb 25% f Project Site Living Word Church MPUD Rezone—Weekday AMIPM Distribution Map c.as chit. t : P,'' AM--131 wb; 96 eh; lmmol;alee Road PM-89 wtb; 106 eb �. Cryan od Will fAti "' r o,,,,,,,1 Project Site riot, i., AM--65 nb; 48 sb r AM--65 nb, 48 sb; a PM--44 nb, ,3 sb jPM--44nh53sb -� AM— 96 wb, 131 eb' Plhi_10S 5hr11, 8 eb Legend: eb = eastbound; nb = northbound, sb = southbound; vvb =westbound, volumes are peak hour volumes (net new) 8 Packet Page-2317- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Transportation Planning Staff Guidance of a minimum 2% growth rate, or the rate from 2008 thru 2012 AUIR data, whichever is greater. Immokalee Road had a growth rate less than 2% (0.7%) and Wilson Blvd did not have a data history. The 2% growth factor was used for both of these roadways. Table 4 illustrates the application of projected growth rates, or trip bank data to generate the projected background (without project) peak hour peak direction traffic volume for the year 2016. Table 4—Background Traffic without Project (2012 and 2016) 2016 Projected 2012 AUIR Projected Peak Hr, CC Peak Hr, Traffic Peak Dir Roadway AUIR Roadway Link Peak Dir Annual Trip Growth Background Background Link Link Location Traffic Growth Bank Factor Traffic ID# Volume Rate Volume (trips/hr) (%/yr) w/out Project (trips/hr) Immokalee West of Project Site U 44 1,451 2.00/ 389 1.0824 1,840 Road to Collier Blvd 44 East of Project Site 1,451 2.00% 389 1.0824 1,840 to Wilson Blvd South of Immokalee Collier Blvd 30.1 Road, 1,285 5.66% ! 648 1.2464 1,933 Wilson Blvd 118 South of Immokalee 259 2.00% 0 1.0824 280 Road Table Note: Growth Rate =from 2008 to 2012 traffic count data, or 2%, whichever is greater. Growth Factor= (1+Annual Growth Rate) ^4. 2016 Projected Volume =2012 AUIR Volume*Growth Factor, or 2012 AUIR+AUIR Trip Bank, whichever is greater. 9 Packet Page -2318- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Existing and Future Roadway Network The existing roadway conditions are extracted from the 2012 Annual Update and Inventory Report (AUIR) and the 2016 roadway conditions are based on the current Collier County 5 Year Work Program. The roadways evaluated are anticipated to remain the same thru 2016. The existing and future roadway conditions are illustrated in Table 5. Table 5—Existing and Future Roadway Conditions CC Exist Peak Future Roadway Link AUIR Roadway Link Location Exist Exist Min Dir, Peak Hr 2016 Link Roadway LOS Std Capacity Roadway ID# Volume Immokalee Road 44 West of Project Site to 6D D 3300 6D Collier Blvd , 44 East of Project Site to 6D D 3,300 6D Wilson Blvd South of Immokalee Collier Blvd 30.1 Road 6D D 3,000 6D Wilson Blvd 118 South of Immokalee 2U D 900 2U Road Table Notes: 2U =2-lane undivided roadway;4D, 6D=4-lane, 6-lane divided roadway, respectively; LOS = Level of Service. 10 Packet Page -2319- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Project Impacts to Area Roadway Network--Roadway Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project were evaluated to determine the project impacts to the area roadway network in the future (2016). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link adjacent to the project; 3% for other links and if the roadway is projected to operate below the adopted LOS standard. The project PM peak exiting volumes are added to the network volumes to coincide with the network peak time and peak direction. Table 6 illustrates the LOS impacts of the project on the roadway network closest to the project. The site generated trips were estimated to be significant on Immokalee Road (>2%) and Wilson Blvd. (>3%) under build out conditions. None of the adjacent links are projected to be operating below the adopted level of service with, or without the project. Table 6—Roadway Link Level of Service (LOS)—With Project in the Year 2016 CC 2016 Cpeakk 2016 Volume Min LOS Min LOS Peak Dir, Peak Dir, exceeded exceeded AUIR Roadway Link Direction Capacity Roadway Link without with Link Location Peak Hr (Project Peak Hr Impact Capacity Volume Project? Project?By ID# Volume Added) w/Project pro ect Yes/No Yes/No Immokalee West of Project Site 2.7%44 3,300 EB(89) 1,936 2.7% No No Road to Collier Blvd 44 East of Project Site to 3,300 EB (106) 1,946 3.2% No No Wilson Blvd South of Immokalee Collier Blvd 30.1 Road 3,000 NB(44) 1,977 1.5% No No Wilson Blvd 118 South of Immokalee 900 SB (53) 333 5.9% No No Road 11 Packet Page -2320- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Intersection/Turn Lane Analysis The project will have 3 potential access points off of Immokalee Road. The Moulder Drive access (east of the project) will be a potential joint access with a future Collier County Public High School. This is an existing full median opening with turn lanes and would likely be signalized for the Collier County high school. This access will need to be coordinated with CCPS for appropriate turn lane extensions and throat lengths as well. The second access is a right in/right out serving the existing church site. There is a right turn lane. This right turn lane may need to be extended. The third access, Rivers Road (west of the project) is an existing full median opening with turn lanes. All of the existing turn lanes were constructed as part of the recent widening of Immokalee Road and would have been built in accordance with applicable FDOT criteria for deceleration and queue. A detailed evaluation will be performed at the time of site development permitting and applicable length adjustments will be made to accommodate the queue requirements, as they are warranted. Improvement Analysis Based on the link analysis, there is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting adjacent roadway network level of service. A detailed turn lane analysis for site accesses and/or adjacent intersections as required would be addressed at the time of site development permitting. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. 12 Packet Page-2321- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Appendix A: Project Methodology Meeting Notes (3 Sheets) 13 Packet Page-2322- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: May 20,2011 Time: 10:30 am Location:CODS Conf Room-2800 N.Horseshoe Drive People Attending: Name.Organization,and Telephone Numbers 1) John Podzerwinsky.CC 2) Tim Hancock.Davidson Eneineerinr, 3) Norman Trebilcock,TCS Study Preparer: Preparer's Name and Title:Norman Trehilcock,.4ICP.PE Organization:Trebilcock Consulting Solutions.PA Address & Telephone Number: 6660 Mangrove Way. Naples. Fl 34109: ph 239-566- 9551 Reyiewer(sl: Reviewer's Name&Title:John Podzerwinsky,Project Manager Collier County Transportation Planning Department Organization&Telephone Number:252-5890 Applicant: Applicant's Name:Living Word Family Church.Inc. Address:7550 Mission Hill Drive.Suite 314.Naples.FL 34119 Telephone Number:239-348-7400 Page 1 of 3 14 Packet Page-2323- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) APPENDIX A INITIAL MEETING CHECKLIST Proposed Development: Name: Living Word Church Location: 10910 Immokalee Road.Naples,FL 34120. Land Use Type:Conditional Use.A-MHO ITE Code#: 560;534: 565:210:814:254 Proposed number of de'- t• .' : : : .t church: 250 student rivate sch .l -- _ 200 student day car:.thrift store/s ecialtv ret•—5.0Oi,sf:assisted living 200 beds, /C._ tic Other: None. � ' Description: /1,95 I pry as A/*i t "✓6 Qgte Zoning Existing:CU �. C.. 560 vZ__ Comprehensive plan recommendation:?`?JA Requested:PUD Findings of the Preliminary Study: N/A -0<1C'1 l4✓E t)sE- ' tS-s �?t v- Study Type: ) Small Scale TIS ❑ Minor TIS ❑ ,§,j 1 `f Major TIS V-1 O j Study Area: 25,0n eel s-7.� Boundaries:Adjacent streets -t(500 -1- Immokalee Road.Wilson Blvd.Collier Blvd Additional intersections to he analyzed: Qry A are'ZE 6)S S . 4-fry T H N6 707/(7 ,c/Horizon Year(s):2020 y, rnw Analysis Time Period(s):2015,2020 ^�tin �Fi�,T 1 u t FACT (/�C.)9 v1av Future Off-Site Developments:N/A-/ i edt tCy 'f I Source of Trip Generation Rates:ITE LUC Data Z Reductions in Trip Generation Rates: None:N/A -y� Pass-by trips: ' ^! 66-)Ly IF gtn--TA-,L- • Internal trips(PU ) 3erIT_ 6totLi. \F CiIEP S )4O t/t1.6 Transit use:N/A Other:N/A Page 2 of3 15 Packet Page -2324- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) APPENDIX A INITIAL MEETING CHECKLIST Horizon Year Roadway Network Improvements: :) = yp 15 t i,� AN j . C N�C1L ��� . Methodology& Assumptions: Non-site traffic estimates:N/A Site-trip generation:ITE Trip distribution method: 50% Irnmokalee Rd West: 50% l.mmokalee Rd East: 25% Collier BIvd(south of Immok Rd):25%Wilson Blvd(south of Immok Rd) Traffic assignment method:Empirical Traffic growth rate:2%minimum �t ©N'-N 7/".4_ r Special Features:(from preliminary study or prior experience) `�Accidents locations:N/A S t Sight distance:ITT/Aio���-c 1I 'Queuing:N/A Access location&configuration:Exiting access off of Immok Rd and Moulder Drive. Traff c control:MUTCD Signal system location&progression needs:N/A On-site parking needs: Per CC LDC — 1 CC- S Data Sources:CC AUIR—Aug 2010 CC Traffic Counts G ! i T Base maps:N/A Prior stud..reports:N/A Access policy and jurisdiction:CC Access Memt:CC LDC ' Review process:N.'A Requirements:N/A Miscellaneous: N/A ' SIGNATURES N nyva.Ct In,7-1, 101,1,cocAR,' Illi Study Prepay r—Nonnan Trebilcock ice, �/ Reviewer(s r ;a.oeE.__________- Applicant Page 3 of 3 16 Packet Page-2325- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Appendix B: Project Site Location Map (1 Sheet) 17 Packet Page-2326- 10/22/2013 17.0. Aok.„ Church Word Family Living h MPUD Rezone-July 2013 (PL20110000762) 7 '• .0 • -°- '.., ,,-. .: . InrillgT.,4',49''-' .'.• 1 - - , , ,,,, '';': ' . . f2:: : r"lisuLEUEEGCETNPRDOPERTY 1 " 4-, -, " ', ' ..4' -A '"'"' R ROADAYS Wk10 -'1", i , • ..' ■•144, , .1■. ',,, ;:i '. ' =I- ,_,... 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' .■ ' : :' . .i 1.0'n ' ' ;.:1 t...::,, ,,,44i4' i■' ■ '... .1 :*, • .000 1 .. .... ...:",■:; -ru1 t;.7..,"' j,'.','''.' , 1,', - ' .. . .0 ' '. :"--- , .'. r.--.. r: ;'`,.;: ,,, '' '''-''' ' - i''' '... N SYSTEMS(2010) ..',.. ., : - ,- '':0uR'C;s:C0;.,°.:IE,1!.•,,,.'..:.::... VAP,H IC INFORMATION . ,,, .., .,,. ,,.. COLLIER COUNTY GEOGR. ,.,.. .;., _., .... -,_ 0 NE NG,INC. PUD REZ AVIDSON ENGAINEERIIIE su 301 CHURCH M 35D 30 KRAFT RO0D, P71 NAPLES,FL 341 060 A't' N PHONE:239-434-6 LIVING WORD FAMILY DAVIDSON 18 Packet Page-2327- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Appendix C: Project Master Site Plan (1 Sheet) 19 Packet Page -2328- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) st5444b 1.113NOn 1.1315 WI "-..T..-7":4:4"• , ....... so.1111.111.. ,..} trt IV r72:"..rt.• ''''' .... I..., • ." 1..M1.1000.11 t.,1.. 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Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Appendix D: Project Sunday Trip Distribution Peak Hour—Existing and Build out (1 Sheet) 21 Packet Page-2330- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) oft �,.: Living Word Church MPUD Rezone— Existing Sunday Distribution Map cum C „ Sunday Peak Hour-- c,„gb Immokalee Poad 76 wb, 76 eb b 7." rti 1:.PN.Y1CYr yaTf o��' 0sAw'Y Project Site rurs� Sunday Peak Hour— 'Is 1 77 wb,76 eb Legend: eb =eastbound,rib= northbound,sb= southbound;wb=westbound, volumes are peak hour volumes Living Word Church MPUD Rezone-- 3uildout Sunday Distribution Map Goff s Sunday Peak Hour-- Immokalee Road 389 wb; 396 eb ..�. j,. oil y"�ki 3�4� ., Cha:x> t Project Site n 7 Sunday Peak Hour— a 396 orb, 390 eb a Legend: eb = eastbound, rib = northbound, sb = southbound; li,rb =westbound, volumes are peak hour volumes 22 Packet Page -2331- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Appendix E: ITE Trip Generation Calculations (9t" Edition) (3 Sheets) 23 Packet Page -2332- _ - _ - ,--'~_ . .~ .~� ' 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) oi*r. Project Name: Living vv"rd s~~^"nc^"="ons No: . Link Date. 1/2112013 c",. Naples =.te/P~~...~. Zip/Postal"~^°. , Country: =~".=c°.* Client Name: i | Analyst's Name: Edition:. 018 Land Use | �"° Hour 660 | ,°,, Entry Exit Exit^ / Entry =,, m -Church i "~=�"" 0 0 0 0 0 �°�" 0 0 0 0 0 0 0 0 0 0 °""�"=-'~ ~o »o � 1 6 } 4 _L _L ITotal / «o en ! « 1 6 1 6 4 | Total Reduction i " o 0 | ^ } 0 Total Internal 0 0 » 0 0 `°=Pass-by } 0 0 0 / as - / "___l. 6 L 4 ] � (1) *�Set Peet==" Floor Area --- --' ---- ------ ' �-~ / � � Project Name: Living Word'Existing'SunUay-Operahona AnalysiE Name -Sunday-Peal;Hour 1 � � Land Use Independent Variable Size Time Perio Method Entry Exit Total 0, 560 -__ -Chuoh 500 N {SunUay Peak Hour Average T 152 153 305 _ ' � i l - ___- __ _-____- __- _ _________ -___- ' oft,. 24 Packet Page -2333- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) Project Name: Living Word-Proposed Conditions- No: Revised I I Date: 7/912013 City: Naples State/Province: Zip/Postal Code: Country: Collier County Client Name: Analyst's Name: Edition: 9th s Daily-2 Way Volume PM Peak Hour AM Peak Hour Land Use 1 Size Entry Exit Entry Exit Entry Exit 1 210-Single-Family f 5 rat 24 24 4 3 3 10 Detached Housing E f II I Reduction 0 0 0 0 0 [! 0 Internal 0 0 0 0 0 0 Pass-by 0 0 0 0 0 0 Non-pass-by 24 24 4 3 3 10 264-Assisted Living 200(2) 274 274 29 29 1 24 12 Reduction 0 0 I 0 0 0 0 internal 0 0 0 3 0 0 0 111 Pass-by i 0 0 0 0 0 0 Non-pass-by i 274 274 29 29 24 12 536-Private School(K-12)1 250(3) ` 310 310 60 85 129 83 Reduction 0 0 0 0 0 0 Internal 0 0 1 0 0 i 0 0 Pass-by 0 0 0 0 U 0 CI� Non-pass-by i 310 310 60 l 85 129 83 560-Church 901.4 ii 410 410 24 26 31 19 Reduction 0 0 0 0 0 0 Internal ( 0 0 0 0 0 0 Pass-by 0 0 ! 0 0 l 0 { 0 Non-pass-by j 410 410 24 26 31 19 665-Day Care Center ( 20013/ ' 462 i 463 65 74 80 71 Reduction 0 0 ; 0 0 1 0 0 Internal 0 0 0 j 0 f 0 0 Pass-by 0 0 0 j 0 0 0 ' I Non-pass-by I 462 ' 463 65 j 74 ; 80 71 Total �l 1480 1481 182 1 217 . .'267 195 1 Total Reduction 0 i 0 0 ( 0 0 0 Total Internal 0 0 0 ' 0 0 0 Total Pass by 0 0 , 0 i 0 0 0 Total Non-pass-by 1480 1.181 112 217 I 26'7 1 195 1 ('1) Swelling U.nils t (2) Occupied Beds (3) Students (4) 1010 Sq Pact Gross Ploor Area 25 Packet Page-2334- 10/22/2013 17.C. Living Word Family Church MPUD Rezone-July 2013 (PL20110000762) , 1 Project Name Living Word-Proposed-Sunday-Revised Analysis!Jame ',Sunday Peak Hour i Land Use Independent Variable Size Time Period Method Entry Exit Total 0.... 210-Single- _ . Family ,Dwelling Units v , , .Sunday.Peak Hour H...L.,1 Average T-,_:/1 0 2 2 4 i____ Detached Housing 1------------' 0 -,'4-Assisted ' ... -' 'Occupied Beds ----,--;i :yi 200 ,Sunday F eat<Hour .v l' Best Fit(L1N) --..i—s...H 34 47 61 Living . . ..,. Sc,hca);(14-12) .Students VI' ;" " ;Select One HI Select One --rili i 0 0 ---q, ,,_..... _...... O 560 Church Seats VI. 240o Sunday Peak Hour I:71. !Average 2....J., :0 732 732 1464 0 565-D3V are ----'--- .....-., 1,,.. , C Students +.4.2j• . -,,i, i Sunday Peak Hour I Ne If ..4\vrage 'va 0 Center .i. ill,‘,F..i.0, ,"2,.. ,'Ll ,■',,rr,■,.. 0,71,'M,...: '1,V fliOIC ''17,-... ;'.,„^w-4:t Ili, 26 Packet Page-2335- 10/22/2013 17.C. • 22D n Wednesday,October 2, 2013 n. NAPLES DAILY NEWS • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 22, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF. THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 2004-41,AS AMENDED,THE COLLIER COUNTY LAND. DEVELOPMENT CODE, WHICH ESTABLISHED 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 AGRICULTURAL ZONING DISTRICT WITH A. .MOBILE HOME OVERLAY (A-MHO) TO A MIXED USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE LIVING WORD FAMILY CHURCH MPUD;TO ALLOW CONSTRUCTION OF RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS,AN OUTDOOR PAVILION,A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH GRADE WITH A MAXIMUM OF 250 STUDENTS,A CHILD CARE CENTER WITH UP TO 200 STUDENTS,ASSISTED LIVING FACILITIES AND CONTINUING CARE RETIREMENT COMMUNITY USES FOR SENIORS AT A .45 FLOOR AREA RATIO AND A MAXIMUM OF 200 BEDS AND ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,'CONSISTING OF 35.0 +/- ACRES; REPEALING THE EXISTING CONDITIONAL USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER 06-03, AS AMENDED BY. RESOLUTION NUMBER 09-213; AND BY PROVIDING AN EFFECTIVE DATE. • (PUDZ-20110000762) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. • NOTE: All persons wishing to speak on any agenda item must register with the . County administrator prior.to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or-graphic materials included in the Board agenda packets must submit said material a'minimum of 3 weeks prior to the respective -public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 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 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted Listening Devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK • October 2.2013 No ?002769 Packet Page -2336-