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Agenda 07/22/2008 Item #17JAgenda Item No. 17J July 22, 2008 Page 1 of 315 EXECUTIVE SUMMARY PUDA- 2007 -AR- 12043: First Assembly of God Naples, Inc., by J. David Mallory, president; and MDG Fountain Lakes, LLC, William L. Mohn, president of MDG Capital Corporation, managing member; both of whom are represented by Robert L. Duane, AICP, Hole Montes, Inc., are requesting an amendment from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a 69t acre project known as the First Assembly Ministries Education and Rehabilitation MPUD, to allow multi - family units, community facilities and church - related uses. The subject property is located in the northeast quadrant of the intersection of Collier Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Petition RZ-2008 -AR- 12842) 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 amendment and render a decision regarding the petition. CONSIDERATIONS: The petitioners request that the BCC approve an amendment to the First Assembly Ministries Education and Rehabilitation PUD to clarify and somewhat change the list of permitted and accessory uses, to increase the number of multi - family units, and to revise the Master Plan to reflect those changes and others such as the removal of the easternmost l0± acres which is being rezoned to Rural Agricultural zoning district in the companion item: RZ- 2008 -AR- 12842. The subject Planned Unit Development (PUD) was first approved on October 8, 1996, with the adoption of Ordinance No. 96 -58. This ordinance was repealed with the approval of Ordinance No. 99 -59 on September 14, 1999. That ordinance established the allowable uses for the First Assemblies Ministries as it was envisioned at that time. Approved were 120 campsites, a 400 -room adult living facility, a 400 -bed care unit facility, and 57 multi - family units. Also allowed was an 1,800 seat auditorium/church, a 600 -seat chapel, a 300 - student private school (Kindergarten thru High School or Bible College). A child /adult care facility for up to 450 children/adults was also approved along with an extensive list of accessory uses. To date, a portion of the church facilities have been developed with a chapel and the auditorium/sanctuary being the focus of the development. A communication tower has also been erected on site. There are currently four mobile home units located on site that house persons involved a church- sponsored rehabilitation program. The entry feature and a few other accessory structures have been constructed as well. The petitioners now propose to repeal Ordinance No. 99 -59 with this petition to amend subject PUD document as follows: Page 1 of 14 Agenda Item No. 1 i J July 22, 2M, 8 Page 2 of '15 • Remove the 120 TTRVC units • Remove the 400 room Adult Living Facility • Reduce the size of the 400 bed undefined care unit facility and replace it with 249 residential care units limited to those uses allowed in Standard Industrial Classification Manual (SIC) code number 8361 • Increase the church size from 1,800 seats to 2,200 seats • Increase the number of multi - family units from 57 to a maximum of 296 dwelling units consistent with the Comprehensive Plan amendment that established a new GMP FLUE /FLUM Subdistrict to allow the mix of uses that is proposed with this PUD amendment. That GMP amendment, CP -2005- 13 became effective on February 19, 2008, establishing the Collier Boulevard Community Service Subdistrict. This PUD amendment will implement the requirements of that new Subdistrict. (see Attachment C) • Decrease the 600 -seat chapel to a 200 -seat chapel • Decrease the day care facility size from 450 persons to 300 persons • Acknowledge the four mobile homes existing on site that house a maximum of 12 temporary care units and establish timing for their removal • Clarify uses that where ill - defined in the previous ordinance and replace those uses with terms that are recognizable and related to the SIC code • Remove the recreational and church camp /youth ranch use • Establish new property development standards to allow development of the site with the revised list of uses • Establish more measurable parameters for uses such as the vehicle maintenance garage, overnight bus parking • The project will retain the previously approved 300 - student school (kindergarten through private Bible college) • In addition to the general changes noted in the "Requested Action" above, this amendment also proposes to adopt a totally rewritten PUD document that has been brought up to current PUD document standards wherein deviations are identified as such —they are not just included in the text of the PUD document as was the case in the previous ordinance. The use list has been modified to more clearly define principal uses and accessory uses, and to establish property development regulations for all the proposed uses. Reiterations of general LDC provisions have been removed and outdated language or LDC references have been corrected. • The petitioners seek approval of numerous deviations to either extend relief that was granted in the 1999 action or obtain relief from other requirements of the LDC such as signage, buffering, sidewalk/bikepath, loading spaces, and parking requirements. The deviations are discussed in greater detail later in this report. • The attached Master Plan for the proposed amendment depicts tracts of development that coincide with descriptions and uses proposed in the PUD. The Master Plan also shows more specific building footprints for many of the various uses along with water management areas and general traffic circulation. The multi - fancily housing portion of the project shown on Tract G, to be developed under the name of Fountain Lakes, has been awarded a $5 million grant under the auspices of the State of Florida Community Workforce Housing Innovation Pilot Program (CWHIP) that was created by Florida Page 2 of 14 Agenda Item No. 17,1 July 22, 2008 Page 3 of 315 House Bill 1363 in the 2006 legislative session. The CWHIP program was designed to help provide more affordable housing opportunities for those persons identified as "essential service personnel," such as "school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel, government employees, and employees associated with health, safety and welfare agencies within the county... " (excerpt from the Local Housing Assistance Plan). Information regarding this project's involvement in that program has been included in the application package by the petitioners' agent. The PUD document contains alternative language that would allow the petitioners to seek approval of the Affordable Housing Density via a bonus density agreement. That language is consistent with the language of the GMP Subdistrict governing uses on this property. To date no Affordable Housing Bonus Density Agreement has been submitted. Staff anticipates that since the petitioners received the grant noted above, that grant will be utilized instead. 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 existing land will 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property lies within the Urban Mixed Use District, Collier Boulevard Community Facility Subdistrict that was specifically adopted to address this subject property. The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non - commercial uses generally serving the public at large, and residential uses, both affordable- workforce and market rate housing - all in a setting to be compatible with surrounding land uses. The Subdistrict is intended to contain a mix of uses and services which lessens traffic impacts upon the external transportation network and public services, while serving the needs of the community at large. The GMP Subdistrict criteria include a list of specific uses for this Subdistrict and include additional requirements and limitations that apply to the uses. The project is consistent with the use list and the additional requirements and limitations. Page 3 of 14 Agenda Item No. 17J July 22, 2608 Page 4 of 315 This petition has been reviewed by Comprehensive Planning Staff for compliance with all provisions of the GMP. The complete review is contained in an April 21, 2008 memo, that is included as Attachment C. This project is not subject to the density rating system of the GMP because the Subdistrict establishes the maximum number of units with it based upon the limitations included in the PUD document that require the developer to be designated as a CWH1P project or comply with the Affordable - Workforce Housing bonus density provision of the LDC or enter into sonic other agreement with Collier County (see PUD exhibit F.2). This project was reviewed for consistency with Objective 7, and the applicable implementing Policies 7.1 through 7.4, of the Future Land Use Element (FLUE) that mandate complies with certain Smart Growth provisions. The policies and a staff analysis are provided below. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fi-onting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Although the site has access to Collier Boulevard, due to the site's proximity to The Lord's Way, all project access is from that Roadway because direct access to Collier Boulevard would interfere with traffic from The Lord's Way. This project is consistent with GMP Policy 7.1 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. All aspects of this multi- faceted project will have access only via The Lords' Way. At this time a signal at The Lords Way and Collier Boulevard is not warranted but that issue can be evaluated again later. 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 petitioners have indicated that there are security concerns if access were provided to the north from Tract C which contains the rehabilitation center; the Master Plan does show a potential future interconnection point to the parcel to the east. Staff believes the project is consistent with this policy. Policy 7.4: The County shall encourage new developments to provide walkable communities with blend of densities, common open spaces, civic facilities and a range of housing prices and types. Staff believes the site plan is consistent with the policy because walkways will be provided within the multi- family project and along Collier Boulevard and The Lords Way. Page 4 of 14 Agenda Item No. 17J July 22, 2008 Paae 5 of 315 To summarize, this petition has been deemed consistent with the FLUE /FLUM Subdistrict requirements as well as Objective 7, Policies 7.1 through 7.4, of the FLUE that incorporated certain Smart Growth provisions. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This determination is included in the Zoning Analysis later in this report. Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic Impact Statement (TIS) included in the application back -up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. The difference in the site generated traffic that can be generated under the current approved PUD versus what is projected to be generated by this proposed amendment is approximately 934 trips per day. This project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five -year planning period. First impacted link on Collier Boulevard: The proposed development produces 88 PM peak hour, peak direction trips which represent a 2.7 percent impact on Collier Boulevard between Rattlesnake Road and Davis Boulevard. The adjacent roadway is scheduled to have sufficient capacity to accommodate this project throughout the five -year planning period. This segment of Collier Boulevard will have a service volume of 3,270 trips upon completion in 2009, with a remaining capacity of approximately 933 trips; and is currently operating at LOS "C" as stated by the 2007 AUIR. Second impacted link(s) beginning- south of the project. The proposed development produces 35 PM peak hour, peak direction trips which represent a 1.1 percent impact on Collier Boulevard between Rattlesnake Hammock Road and US -41. This segment of Collier Boulevard has a service volume of 3,330 trips, with a remaining capacity of approximately 1,030 trips; and is currently operating at LOS "E" as stated by the 2007 AUIR. Furthermore, the proposed development produces 35 PM peak hour, peak direction trips which represent a 1.1 percent impact on Rattlesnake Hammock Road between Collier Boulevard and Polly Avenue. This segment of Davis Boulevard has a service volume of 3,200 trips, with a remaining capacity of approximately 2,528 trips; and is currently operating at LOS "B" as stated by the 2007 AUIR. Second impacted link(s) beginning north of the project: The proposed development produces 36 PM peak hour, peak direction trips which represent a 1.2 percent impact on Collier Boulevard between Davis Boulevard and 1 -75. This segment of Collier Page 5 of 14 Agenda Item No. 17J July 22, 2005 Page 6 of 315 Boulevard has a service volume of 3,000 trips, with negative remaining capacity of approximately 145 trips; and is currently operating at LOS "F" as stated by the 2007 AU1R. Furthermore, the proposed development produces 45 PM peak hour, peak direction trips which represent a 2.9 percent impact on Davis Boulevard between Collier Boulevard and Radio Road. This segment of Davis Boulevard has a service volume of 3,000 trips, with negative remaining capacity of approximately 86 trips; and is currently operating at LOS "F" as stated by the 2007 AUIR. Limitations on the phasing of development have been proposed by the petitioners, as well as a donation of The Lord's Way right -of -way, as potential mitigation for the project's impacts. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. No changes are proposed to the preserve selection from the 1999 rezoning action; that petition was deemed consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP and staff recommends that this amendment petition be found consistent with the pertinent objectives, goals and policies of the CCME also. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objectives and policies of the overall GMP. AFFORDABLE HOUSING IMPACT: Tract G of this project is planned to provide affordable housing opportunities. PUD document Exhibit F contains the following comm tment: A. A minimum of 147 of the 296 affordable- workforce and market rate housing units, as they become available, will be offered first to persons involved in providing essential services personnel (ESP) as defined in the LDC, as further defined in the County's Local Housing Assistance Plan. The period of time that the dwelling units will be reserved for persons providing essential .cervices will be a minimum of 60 days from the date of issuance of a Certificate of Occupancy . for the initial offering and 60 days from the date a unit is offered thereafter. ne developer shall comply with the following affordable housing commitments upon approval of the SDP for Tract G, the multi. family tract. B. The developer of Tract G, the multi family tract, shall comply with one or more of the following: Page 6 of 14 Agenda Item No. 17J July 22. 2008 Page 7 of 3115 i. The Affordable - Workforce Housing Density Bonus provisions in the LDC, in effect as of February 19, 2008, the date of adoption of the GMP provisions affecting the subject property; or, ii. State law applicable to the designation as a Community Workforce Housing Innovation Program (CWHIP) Project by the State of Florida. 1.) the developer shall provide a minimum of 80 essential services personnel (ESP) dwelling units comprised of a minimum of 10 dwelling units for those earning less than 80 percent of the median income for Collier County, and 2.) a minimurn of 70 dwelling units for those earning between 80 percent and 140 percent of the median income for Collier County; or, iii. The developer shall enter into an agreement with Collier County assuring that no fewer than 147 affordable- workforce and market rate housing units are constructed and, as they become available, 14411 be offered first to ESP, persons involved in providing essential services in Collier County. Such agreement shall be in effect for not less than 15 years. Such an agreement shall provide that a minimum of 35 dwelling units shall be provided for those earning no more than 150 percent of the median income of Collier County, and a minimum of 25 dwelling units shall be provided for those earning no more than 80 percent of the median income of Collier County. C. No more than 57 market rate dwelling units shall be constructed prior to the construction of all affordable- workforce housing (AWH) dwelling units and the following phasing schedule shall apply, however, more affordable workforce housing units may be included in any one phase. Development of the project will be phased, as follows: Phase IA 60A ITH units + 57 market rate units = 117 ESP units Phase 1B 30 market rate ESP units Phase 2 149 housing units Housing and Human Services staff has reviewed the petition and the PUD document and Master Plan regarding housing issues. Housing and Human Services staff has resolved all outstanding issues with the petitioners and their concerns have been adequately addressed in the PUD exhibits. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD documents to address any environmental concerns. The rezoning action in 1999 adequately addressed environmental issues raised from the potential land uses; no changes are proposed to the Preserve area shown on the Master Plan and the only changes to the PUD documents were staff - requested changes to update the language to today's standards. Environmental staff has no objection to this petition's approval. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission required because the site is not located within a Special Treatment (ST) overlay which would also have required the submittal of an EIS. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an EIS was not required and there are no impacts to wetlands, this petition was not required to go to the EAC. Page 7 of 14 Agenda Item No. 17J July 22, 2008 Page 8 of 315 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on June 5, 2008; a motion was passed to forward petition PUDA- 2007 -AR -12043 to the BCC with a recommendation of approval by a unanimous vote of 6 to 0 subject to the following stipulations: The PUD document Exhibit A shall be revised to reflect the following changes made by the CCPC: Section A: Principal Uses and Structures and SIC codes shall be revised as follows: 1. Religious organizations (Group 8661), shall be limited to churches and religious organizations; 2. Private elementary and secondary schools (group 8221) shall be limited to vocational high school; and Colleges, Universities and Professional Schools (Group 8221), limited to Seminaries theological; 3. Residential care units (Group 8361) are limited to 249 beds instead of 249 units and the uses are further limited to the following types of units; Alcoholism Rehabilitation Centers, residential: with health care incidental; Drug Rehabilitation Centers, residential: with health care incidental; Homes for Children, with health care incidental; Homes for Destitute Men and Women; 4. Child daycare services (Group 8351) limited to child care centers; 5. Rehabilitative service center (Specialty Outpatient Facilities, Not Elsewhere Classified Group 8093, limited to outpatient detoxification centers); a) Job training [833 1) limited to Job Training; b) Individual and family social. services (Group 8322) limited to: Adult Day Care Centers; Counseling Centers; Hotlines; c) Specialty hospitals, Except Psychiatric (Group 8069) limited to: Alcoholism Rehabilitation Hospital; Drug Addiction Rehabilitation Hospital; d) Social services — not classified elsewhere (Group 8399) limited to Social Service information exchanges: e.g., alcoholism, drug addiction. Section B: Accessory [removing the word "permitted "] Uses and SIC codes (Tracts A -D) shall be revised as follows: 1. Coin - operated laundries (Group 7215), limited to coin - operated laundries; 2. Radio broadcasting stations and tower (church use) (Group 4832); limited to one only; 3. Television broadcasting station and tower (church use) (Group 4833); limited to one only; 4. Book stores for church and school only (Group 5942); limited to a maximum of two; 5. Cemetery, including mausoleum, accessory to the church use only; 9. Help supply services for residents only (Group 7363); limited to labor pool only and limited to residents only; 10. Overnight parking for visitors in recreational vehicles or busses (see Exhibit B, Table I V . C.); 14. The four mobile homes for up to 12 temporary care units (item #14) shall be removed; Two New uses shall be added: 15. Motor Vehicle Dealers, SIC 5211, with sales limited to used vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D. Page 8 of 14 P,aenda Item No. 171 July 22, 2008 Paae 9 of 315 16. Recreational Vehicle Dealers, SIC 5561, with sales limited to used recreational vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D. Section C: Preserve Subdistrict Uses and Structures (Tract E): The word "permitted" shall be removed. The PUD document Exhibit B shall be revised to reflect the following changes made by the CCPC: Table I shall be revised as follows: Minimum front yard: OR MPUD BOUNDARY SETBACK, WHICHEVER IS GREATER shall be removed; Minimum Distance between Structures: all existing text shall be replaced by "greater than 20 feet;" Item C: the words "or similar looking material' shall be removed; Table 11 shall be revised as follows: Minimum front yard: OR MPUD BOUNDARY SETBACK, WHICHEVER IS GREATER shall be removed; Table III shall be revised as follows: Minimum Side Yard: Separate the overall setback as NONE AS LONG AS DISTANCES BETWEEN STRUCTURES ARE MET, and Clarify the multi- family /multi - purpose building setbacks in a separate item to indicate that the setbacks for the structure shall be as follows: 3 FEET FROM TRACT BO UNDAR I AND NO STRUCTURE IN THAT PORTION OF TRACT A LOCATED EAST OF THE FPL EASEMENT SHALL BE CONSTRUCTED WITHIN 60 FEET OF ANY RESIDENTIAL STRUCTURE (SEE ALSO EXHIBIT B -I DEPICTING THE MULTI - FAMILY /MULTI - PURPOSE BUILDING SETBACK Minimum Distance between Structures: all existing text shall be replaced by "greater than 20 feet;" Table IV shall be revised as follows: Item B: Change the first occurrence of the word "on" to "or" in the first sentence; Item C : The following sentence shall be added: The developer shall provide a dump station on site for use of residents only that is sufficient to serve the maximum number of RVs that may be parked at one time. Item D: change the wording to read as follows: Combined sales ofRVs and used cars shall be limited to a maximum of 10 sales per Year. A maximum of '3 vehicles may be stored or held for sale at any one time on Tract C at the repair site. No vehicles shall be stored on any other Tract. All storage, repairs and sales must be conducted inside a fully enclosed structure limited to Tract C only. Compliance with this provision shall be submitted as part of the annual PUD Monitoring Report. The PUD document Exhibit C (the Master Plan) shall be revised to reflect the following changes made by the CCPC: A wall shall be shown along the entire north/south tract boundary of Tract G; and The "Future shared access to the east' shall be revised to align with the internal accessways. The PUD document Exhibit F shall be revised to reflect the following changes made by the CCPC: Item 2A shall be revised to show the following change: Page 9 of 14 Agenda Item No. 17J July 22, 2008 Page 10 of 315 The period of time that the dwelling units will be reserved for persons providing essential services will be a minimum of 30 days 60 days from the date of issuance of a Certificate of Occupancy for the initial offering and 60 days from the date a unit is offered thereafter. In addition, the CCPC recommended approval of all deviations. In light of the testimony and evidence presented at the CCPC hearing, staff has reconsidered its position on the deviations and is now recommending approval of all the deviations. The PUD documents have been revised to incorporate all the recommendations noted above and the revised documents were approved by the CCPC on June 27, 2008 as a consent item. The CCPC approval recommendation was unanimous; therefore this petition can be placed on the Summary Agenda as long as there are no outstanding letters of objection. Several letters voicing opposition to certain elements of the project were submitted from residents of Naples Lakes after the CCPC hearing; however, a letter was submitted on July 11, 2008 from the General Manager of Naples Lakes Country Club Homeowners Association that indicates the Naples Lakes Country Club Homeowners Association, Inc. agrees with the CCPC recommendation. Therefore the petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS This is a site specific rezone from the Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project known as the First Assembly Ministries Education and Rehabilitation Campus MPUD. Site specific rezones are quasi - judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to 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. Page 10 of 14 nge, da Item No. 17J July 22 20M Page 11 of 315 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. 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 otheiivise 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? Page 11 of 14 Agenda Item No. 17J .iuly 22 2008 Page 12 of 315 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 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.II], 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. This item is legally sufficient for Board action. (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDA- 2007 -AR- 12043 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption as that document has been revised to reflect the CCPC recommendation. PREPARED BY: Kay Deselem, A1CP, Principal Planner Department of Zoning and Land Development Review Page 12 of 14 Aaenda Item No. 171 July 22, 2008 Page 13 of 315 From: mudd_j Sent: Friday, July 11, 2008 5:31 PM To: SchmittToseph; DeselemKay; IstenesSusan; bellows_r Cc: puig_ j; ochs_I Subject: RE: letter regarding the rezoning request by the First Assembly of God Kay, Need the attached letter and this email chain as an attachment to the exec summary. Let me know when it is done. Thanks, Jim From: Schmittloseph Sent: Friday, July 11, 2008 4:07 PM To: DeselemKay; IstenesSusan; bellows_r Cc: puigj; muddj; ochs_I Subject: FW: letter regarding the rezoning request by the First Assembly of God Kay Attached is Ted's letter. He has assurance for the NIL community that they are satisfied with the results of the CCPC. He copied Commissioner Fiala as well. Please amend the ExSum and note that the neighboring community is in full support and has effectively withdrawn their opposition. With that — place on summary agenda. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403 - 2385/2390 cell -- 595 -9751 "Balancing the demands of growth and the demands of the community" From: Ted Beisler [ mailto :tbeisler @napleslakesfl.com] Sent: Friday, July 11, 2008 3:12 PM To: Schmittloseph Cc: bklohn @mdgcorp.com; Dan Walsh; Frank Carman; jpusat6700@aol.com; fiala_d; Bill Gould; Dave Wollin; Joe Paladino; Dan Walsh; Leo Daley Subject: letter regarding the rezoning request by the First Assembly of God Joe, Attached is the letter I have written on behalf of the Naples Lakes Country Club Homeowners, Inc. regarding the rezoning request by the First Assembly of God. Please review and if changes are needed please contact me. Ted Beisler, CCM, CAM, General Manager Naples Lakes Country Club 4784 Inverness Club Drive Naples, Florida 34112 tbeisleranaoleslakesfl.com 239- 732 -6700 ext 12 239 - 732 -6402 fax Page 13 of 14 Ageoda':tem No. 17J July 22. 2008 Page 14 of 315 July 11, 2008 Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 Subject: PUD- 2007 -AR- 14043: FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION MPUD (COMPANION TO PETITION RZ- 2008 -AR- 12842) Dear Commissioners: I am writing this letter on behalf of the Naples Lakes Country Club Homeowners Association, Inc. After meeting with Pastor Mallory and representatives from the First Assembly of God and reviewing the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced amendment, the Naples Lakes Country Club Homeowners Association, Inc. agrees with the CCPC recommendation that was passed by them unanimously at their June 5, 2008 meeting. Sincerely, Ted Beisler General Manager Cc: Naples Lakes Country Club Homeowners Association Board of Directors Jim Pusateri Joe Schmitt, Collier County Planning Department Page 14 of 14 Page 1 of 2 Agenda Item No. 17J July 22, 2008 Page 15 of 315 file: / /C:AAuendaTest \Exnort\1 ll -July% 2022.% 202009 \17. %20S11MMARY %20AGR.N1)A \__ 7/15/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17J Item Summary: This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. PUDA - 2007 -AR- 12043: First Assembly of God Naples, Inc., by J. David Mallory, president, and MDG Fountain Lakes.. LLC. William L Klohn, president of MUG Capital Corporation, managing member: both of whom are represented by Robert L. Duane, AICP. Hole Mointes, Inc.. are requesting an amendment from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a 69 acre project known as the First Assembly Ministries Education and Rehabilitation MPUD, to allow multi - family units, community facilities and church - related uses. The subject property is located in the northeast quadrant of the intersection of Collier Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Petition RZ- 2008 -AR- 12842) Meeting Date: 7122/2008 9.00.00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 6/2712008 11:17:49 AM -- Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 6/27/2008 4:22 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 6/27/2008 4:52 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 711/2008 8:17 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 7/112008 11:14 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 7/812008 2:49 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & file: / /C:AAuendaTest \Exnort\1 ll -July% 2022.% 202009 \17. %20S11MMARY %20AGR.N1)A \__ 7/15/2009 Page 2 of 2 Agenda item No. 17J July 22. 2068 Page 16 of 315 Environmental Services Zoning & Land Development Review '18,'2008 2:58 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 71812008 8:12 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 9:26 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 9:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 71912008 4:26 PM file- HC_AAsenda'rest \FxnortA 111- .luly% 2022_% 202009 \17_ %20SIJMMARV %I0AGFNT)A\ 7/15/ ?009 Agenda Item No. 17,1 July 22, 2008 AGENDA HTM 971bf 315 Co t&& Co, STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 5, 2008 SUBJECT: PUDA - 2007 -AR- 12043: FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION MPUD (COMPANION TO PETITION RZ- 2008 -AR- 12842) PROPERTY APPLICANT /AGENT: APPLICANTS: Pastor David Mallory First Assembly of God Naples 3805 The Lord's Way Naples, FL 34114 REOUESTED ACTION: Bill Klohn, Managing Member MDG Fountain Lakes LLC 2180 Immokalee Rod, Suite 309 Naples, FL 34110 AGENT: Robert L. Duane, AICP Hole Montes, Inc, 950 Encore Way Naples, FL 34110 The petitioners request that the Collier County Planning Commission (CCPC) consider an amendment to the First Assembly Ministries Education and Rehabilitation PUD to clarify the list of permitted and accessory uses, to increase the number of multi - family units, and to revise the Master Plan to reflect those changes and others such as the removal of the easternmost 10t acres which is being rezoned to Rural Agricultural zoning district in the companion item: RZ- 2008 -AR- 12842. GEOGRAPHIC LOCATION: The subject 69f -acre property is located in the northwest quadrant of the intersection of Collier Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida (See location map on the following page) The subject Planned Unit Development (PUD) was first approved on October 8, 1996 with the adoption of Ordinance Number 96 -58. This ordinance was repealed with the approval of Ordinance No. 99 -59 on September 14, 1999. That ordinance established the allowable uses for the First Assemblies Ministries as it was envisioned at that time. Approved were 120 campsites, a 400 -room adult living facility, a 400 - bed care unit facility, and 57 multi - family units. First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 20D8 CCPC Page 1 of 21 o c� 0 o EN- m�a m m m m Q d, in o 0 M'i 1 "�L1fa'If If.,: jllii @�IB71114 fil t .��'��., � ln� l l fl. �jll� ls�l� ltlbl, l � 11 'li IJ,d71'i � Ir 4; �l�hult��;y.l �i!gsgl I�I114 �IGrva ��� � !�ull�iggL 1itli� ra!i;li, P4;[,R:..'� 5 d ti ff o a 46 ,FNtl rdv� wdad _. ._ _ fas 'dn) nevnnnaa xu U � 3S I — � •.- 33 u_I is -trod rnzu�uv / 7 Z z O IN Z O U O a yF E 1 vv 33 BBB"' X � � pqo m F gtl F� �. gg pp gg FgF Z z O IN Z O U O a ti O r—oM - N � N t0 a a Q Q� k6 �aRYfp$� a v eg ^S 4a � it W � 1 GRo�; YYwN9 t In O ___ w M, 1 � fi£ 3 8 S @ ` axw"wwn -a a xs-wuo. w m Yeocaoa uu f � � ��y4� 2R F � � < r{ 0 g G oa Y {x. l Q 0. is aEll tA LLJ R'"� i1 cslQ� :I 3 Qyy� N L �6� U3m`n3=� acii�sFl,� .� ! JT j {I 1lpn yy� Q IL IK K W F. Q L{ iiia y� Iil- A Z� LL �m Fw4 JAN— LW lAf �1 7 l gg a mm N lyvl�' 4 F j kfj� i � HIM Q rr �vS v�'4t T� x g in, Agenda Item No. 17J July 22 2008 Page 20 of 315 Also allowed was a 1,800 seat auditorium/church, a 600 -seat chapel, a 300 student private school (Kindergarten thru high school or Bible College). A child/adult care facility for up to 450 children/adults was also approved along with an extensive list of accessory uses. To date, a portion of the church facilities have been developed with a chapel and the auditorium/sanctuary being the focus of the development. The communication tower has been erected on site also. There are currently four mobile home units located on site that house persons involved a church- sponsored rehabilitation program. The entry feature and a few other accessory structures have been constructed as well. The petitioner now proposed to repeal Ordinance No. 99 -59 with this petition to amend subject PUD document as follows: • Remove the 120 TTRVC units • Remove the 400 room Adult Living Facility • Reduce the size of the 400 bed undefined care unit facility and replace it with 249 residential care units limited to those uses allowed in Standard Industrial Classification Manual (SIC) code number 8361 • Increase the church size from 1800 seats to 2.200 seats • Increase the number of multi- family units from 57 to a maximum of 296 dwelling units consistent with the Comprehensive Plan amendment that established a new GMP FLUE/FLUM Subdistrict to allow the mix of uses that is proposed with this PUD amendment. That GMP amendment, CP- 2005 -13 became effective on February 19, 2008, establishing the Collier Boulevard Community Service Subdistrict. This PUD amendment will implement the requirements of that new Subdistrict. (see Attachment C) • Decrease the 600 -seat chapel to a 200 -seat chapel • Decrease the day care facility size from 450 persons to 300 persons • Acknowledge the four mobile homes existing on site that house a maximum of 12 temporary care units and establish timing for their removal • Clarify uses that where ill- defined in the previous ordinance and replace those uses with terms that are recognizable and related to the SIC code • Remove the recreational and church camp /youth ranch use • Establish new property development standards to allow development of the site with the revised list of uses • Establish more measurable parameters for uses such as the vehicle maintenance garage, overnight bus parking • The project will retain the previously approved 300 student school (kindergarten through private Bible college) • In addition to the general changes noted in the "Requested Action" above, this amendment also proposes to adopt a totally rewritten PUD document that has been brought up to current PUD document standards wherein deviations are identified as such —they are not just included in the text of the PUD document as was the case in the previous ordinance. The use list has been modified to more clearly define principal uses and accessory uses, and to establish property development regulations for all the proposed uses. Reiterations of general LDC provisions have been removed and outdated language or LDC references have been corrected. First Assemblies Ministries, PUDA. 2007 -AR -12043 June 5, 2008 CCPC Page 2 of 21 Agenda Item No. 17J July 22, 2008 Page 21 of 315 • The petitioners seek approval of numerous deviations to either extend relief that was granted in the 1999 action or obtain relief from other requirements of the LDC such as signage, buffering, sidewalnikepatb, loading spaces, and parking requirements. The deviations are discussed in greater detail later in this report. • The attached Master Plan for the proposed amendment depicts tracts of development that coincide with descriptions and uses proposed in the PUD. The Master Plan also shows more specific building footprints for many of the various uses along with water management areas and general traffic circulation. The multi - family housing portion of the project shown on Tract G, to be developed under the name of Fountain Lakes, has been awarded a $5 million grant under the auspices of the State of Florida Community Workforce Housing Innovation Pilot Program (CWHIP) that was created by Florida House Bill 1363 in the 2006 legislative session. The CWHIP program was designed to help provide more affordable housing opportunities for those persons identified as "essential service personnel," such as "school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel, government employees, and employees associated with health, safety and welfare agencies within the county... " (excerpt from the Local Housing Assistance Plan). Information regarding this project's involvement in that program has been included in the application package by the petitioners' agent. The PUD document contains alternative language that would allow the petitioner to seek approval of the Affordable Housing Density via a bonus density agreement. That language is consistent with the language of the GMP Subdistrict governing uses on this property. To date no Affordable Housing Bonus Density Agreement has been submitted. Staff anticipates that since the petitioner received the grant noted above, that grant will be utilized instead. SURROUNDING LAND USE AND ZONING: North: undeveloped agriculturally zoned land (proposed to be part of the pending Toll - Rattlesnake DRI and PUD project (see PUD map excerpt on following page) East: a ten -acre undeveloped tract that is currently a part of this PUD, but is being rezoning to the Rural Agricultural zoning district as a holding zone (proposed to be part of the pending Toll - Rattlesnake DIU and PUD project (see PUD map excerpt on following page) South: The Lords Way, a private roadway, and then undeveloped lands with a zoning designation of Rural Agricultural West: Collier Boulevard, (CR 951), then the Naples Lakes Country Club, a developed residential community with a zoning designation of PUD First Assemblies Ministries, PUDA- 2007- Aft -12043 June 5, 2008 CCPC Page 3 of 21 Agenda Item No. 17J July 22. 2008 Page 23 of 315 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property lies within the Urban Mixed Use District, Collier Boulevard Community Facility Subdistrict that was specifically adopted to address this subject property. The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non- commercial uses generally serving the public at large, and residential uses, both affordable - workforce and market rate housing - all in a setting to be compatible with surrounding land uses. The Subdistrict is intended to contain a mix of uses and services which lessens traffic impacts upon the external transportation network and public services, while serving the needs of the community at large. The GMP Subdistrict criteria include a list of specific uses for this Subdistrict and include additional requirements and limitations that apply to the uses. The project is consistent with the use list and the additional requirements and limitations. This petition has been reviewed by Comprehensive Planning Staff for compliance with all provisions of the GMP. The complete review is contained in an April 21, 2008 memo that is included as Attachment C. This project is not subject to the density rating system of the GMP because the Subdistrict establishes the maximum number of units with it based upon the Imitations included in the PUD document that require the developer to be designated as a CWHiP project or comply with the Affordable- Workforce Housing bonus density provision of the LDC or enter into some other agreement with Collier County (see PUD exhibit F.2). This project was reviewed for consistency with Objective 7, and the applicable implementing Policies 7.1 through 7A, of the Future Land Use Element (FLUE) that mandate complies with certain Smart Growth provisions. The policies and a staff analysis are provided below. states: 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 intersection spacing requirements of the Land Development Code. Although the site has access to Collier Boulevard, due to the site's proximity to The Lord's Way, all project access is from that Roadway because direct access to Collier Boulevard would interfere with traffic from The Lord's Way. This project is consistent with GMP Policy 7.1 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. All aspects of this multi- faceted project will have access only via The Lords' Way. At this time a signal at The Lords Way and Collier Boulevard is not warranted but that issue can be evaluated again later. This project As noted above, this project will have access via Policy 7.3: All new and existing developments shaft be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developn:etW regardless of land use type, First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 5 of 21 ^genda Item No. 17J July 22, 2008 Page 24 of 315 The petitioner has indicated that there are security concerns if access were provided to the north from Tract C which contains the rehabilitation center; the Master Plan does show a potential future interconnection point to the parcel to the east. Staff believes the project is consistent with this policy. 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. Staff believes the site plan is consistent with the policy because walkways will be provided within the multi- family project and along Collier Boulevard and The Lords Way. To summarize, this petition has been deemed consistent with the FLUE/FLUM Subdistrict requirements as well as Objective 7, Policies 7.1 through 7.4, of the FLUE that incorporated certain Smart Growth provisions. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This deterrrunation is included in the Zoning Analysis later in this report. Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic Impact Statement (TIS) included in the application back -up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. The difference in the site generated traffic that can be generated under the current approved PUD versus what is projected to be generated by this proposed amendment is approximately 934 trips per day. This project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five -year planning period- First impacted link on Collier Boulevard The proposed development produces 88 PM peak hour, peak direction lxips which represent a 2.7 percent impact on Collier Boulevard between Rattlesnake Road and Davis Boulevard. The adjacent roadway is scheduled to have sufficient capacity to accommodate this project throughout the five -year planning period. This segment of Collier Boulevard will have a service volume of 3,270 trips upon completion in 2009, with a remaining capacity of approximately 933 trips; and is currently operating at LOS "C" as stated by the 2007 AUIR Second imparted link(s) beginning south of the project: The proposed development produces 35 PM peals hour, peak direction trips which represent a 1.1 percent impact on Collier Boulevard between Rattlesnake Hammock Road and US -41. This segment First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 6 of 21 Agenda Item No. 17J July 22, 2008 Page 25 of 315 of Collier Boulevard has a service volume of 3,330 trips, with a remaining capacity of approximately 1,030 trips; and is currently operating at LOS "E" as stated by the 2007 AUIR. Furthermore, the proposed development produces 35 PM peak hour, peak direction trips which represent a 1.1 percent impact on Rattlesnake hammock Road between Collier Boulevard and Polly Avenue. This segment of Davis Boulevard has a service volume of 3,200 trips, with a remaining capacity of approximately 2,528 trips; and is currently operating at LOS "B" as stated by the 2007 AUIR. Second impacted Iink(s) beginning north of the project: The proposed development produces 36 PM peak hour, peak direction trips which represent a 1.2 percent impact on Collier Boulevard between Davis Boulevard and I -75. This segment of Collier Boulevard has a service volume of 3,000 trips, with negative remaining capacity of approximately 145 trips; and is currently operating at LOS "F" as stated by the 2007 AUIR. Furthermore, the proposed development produces 45 PM peak hour, peak direction trips which represent a 2.9 percent impact on Davis Boulevard between Collier Boulevard and Radio Road. This segment of Davis Boulevard has a service volume of 3,000 trips, with negative remaining capacity of approximately 86 trips; and is currently operating at LOS "F" as stated by the 2007 AUIR. Limitations on the phasing of development have been proposed by the petitioners, as well as a donation of The Lord's Way right -of -way, as potential mitigation for the project's impacts. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. No changes are proposed to the preserve selection from the 1999 rezoning action; that petition was deemed consistent with the applicable provisions of the Conservation and Coastal Management Element (COME) of the GMP and staff recommends that this amendment petition be found consistent with the pertinent objectives, goals and policies of the CCME also. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GNP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objectives and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and First Assemblies Ministries, PUDA- 2007 -AR -1 2043 June 5, 2008 CCPC Page 7of21 Agenda (tern No. 17J July 22, 2008 Page 26 of 315 10.02.13.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The CCPC uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Attachments A and B). Environmental Review: Environmental Services staff has reviewed the petition and the PUD documents to address any environmental concerns. The rezoning action in 1999 adequately addressed environmental issues arise from the potential land uses; no changes are proposed to the Preserve area shown on the Master Plan and the only changes to the PUD documents were staff- requested changes to update the language to today's standards. Environmental staff has no objection to this petition's approval. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues. Transportation Division staff has resolved all outstanding transportation issues with the petitioners. Transportation staffs recommended stipulations are, therefore included in this recommendation. The applicant has incorporated Transportation Division staff s revisions in the PUD document, and Transportation Division staff recommends approval subject to the Transportation commitments contained in the PUD document. The current PUD document contains transportation commitments that require the developer to provide right and left turn lanes at The Lords Way and Collier Boulevard, pay fair share contributions toward any traffic signal that same location, make paving and drainage improvements to The Lords Way, provide improvements to the CR 951 canal crossing. The revised PUD document proposed with this amendment requires the developer to reserve up to 55 feet on Tract G and approximately 50 feet on Tract A for an east/west public right -of -way corridor, a portion of which currently includes a 30 foot easement for The Lord's Way. In addition, the signalization fair share contribution requirement has been carried over into the new PUD. The development is required to be phased, consistent with the GMP requirement. The developer is to retain the existing throat length on Tract A, and the existing gatehouse must remain in its present location. The developer is to provide a sidewalk interconnection between Tracts A and G; the developer is required to provide sidewalks on Tract Cr (the existing 7 foot sidewalk on Tract A has been deemed sufficient with no improvements required; the developer is required to bear any costs of additional turn lanes or turn lane improvements; the developer of Tract A is responsible for relocating landscaping from the existing buffer to the new buffer north of the existing sidewalk at no cost to the County and with no claims for any future disruption to the landscaping in the event of The Lord's Way widening. Utility Review: The subject property is located within the Collier County Water -Sewer District boundary, and is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. Any portions of this project to be developed shall be required to comply with Ordinance 2004 -31 as it may be amended. According to county GIS records, there are a 20 -inch and a 36 inch water main and a 12 -inch force main along Collier Boulevard. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield -South County Regional Water Treatment Plant expansion to 20 million gallons per day. The rules and First Assemblies Ministries, PUDA- 2007-AR-1 2043 June 5, 2006 CCPC Page 8 of 21 Agenda Item No. 17J July 22, 2008 Page 27 of 315 regulations for protection of wellfields will need to be followed. All well sites and pipeline easements located on and close to this project will need to be shown on all future site development plans, plats or any other site plan applications. Emergency Management: The Emergency Management Department has no issues with this project This project is located in a CAT 3 hurricane surge zone, which requires evacuation during some hurricane events. There is currently no impact mitigation required for this, however, it should be noted that approval of this PUD amendment could increase evacuation and sheltering requirements for the county. Parks and Recreation: The Public Services Division did not offer any comments regarding this petition, however in Exhibit P.5 of the PUD documents the petitioners have committed to provide a tot lot on Tract G that will be designed for children between 2 to 12 years of age. The tot lot is to be constructed prior to the issuance of the first certificate of occupancy (CO) for the first multi- family building. Housing and Human Services: Housing and Human Services staff has reviewed the petition and the PUD document and Master Plan regarding housing issues. Housing and Human Services staff has resolved all outstanding issues with the petitioners and their concerns have been adequately addressed in the PUD exhibits. Zoning Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. As noted previously, revised property development regulations are proposed that will allow the configuration and combination of uses that are proposed. The surrounding properties —to the north, east and south are undeveloped thus any changes in this project should not affect those properties. To the west is Collier Boulevard, a major arterial roadway that separates the Ministries uses from the Naples Country Club project, which is a developed residential project. Most of the changes proposed will not affect the physical layout of site in a way that would affect Naples Country Club. Staff has evaluated the uses proposed and their intensities and/or densities; the development standards such as building heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and type of open space and its location; and traffic generation/attraction of the proposed uses. Staff notes that the only existing development (Naples Country Club) new the site is separated from this project by Collier Boulevard, which is a busy arterial roadway that will generate its own noise, dust and glare that could affect Naples Lakes irrespective of the impacts from the Ministries project. The Ministries property proximate to Naples Country Club is developed with the existing worship center on Tract A, part of the water management system (Tract D) and the preserve area (Tract E). The buildings on Tract A are further separated from Collier Boulevard and therefore, the Naples County Club units by water management lakes. The buildings on Tract A are oriented in the least obtrusive manner facing south rather than west toward Naples Country Club. Table III of Exhibit B requires a 100 foot front yard setback along Collier Boulevard which offsets the five story, 67 feet (zoned) building height of the church and education facilities that would be the closest uses to Naples Country Club. The 100 -foot wide Collier Boulevard setback is the original requirement from the 1999 First Assemblies Mlmstdes, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 9 of 21 Agenda Item No. WJ lily 22, 2008 Page 28 of 315 zoning action; it is not a revision. Staff believes the PUD documents make adequate provisions to address external compatibility. The petitioners had some concerns about the internal compatibility of some of the uses and have sought deviations to address those concerns. The petitioners are seeking to keep the multi - family uses more distinctly separated from the church uses, and have therefore sought a deviation to eliminate the required internal roadway interconnection. The petitioners are seeking a deviation to eliminate the buffer requirement between Tracts A and C, noting that they wish to allow the clients from the Rehabilitation Center to more easily access the Job Training and Rehabilitation Services facilities. As discussed above, staff has evaluated those proposed changes relative to the surrounding area and believes the proposed changes subject to staff's recommendations for the deviations, and thus the petition, can be deemed compatible with the neighborhood uses because the proposed building orientation, building locations and the location of the preserve area will offset any negative impacts the proposed changes may have had on the nearby multi- family use. The petition therefore is consistent with GMP Policy 5.4. Deviation Discussion: The petitioners are seeking numerous deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E with the petitioners' rationale provided to support each deviation provided in a separate document that is included in the application material. Deviation #1 seeks relief from LDC Section 4.06.02 CA, which requires a 20 foot wide Type D buffer along The Lord's Way, to allow a 10 foot wide buffer along The Lord's Way. As part of this deviation, the petitioners agree to augment the planting requirements as identified in Exhibit F, Development Commitments, Item 4.A, Landscape Buffering Requirements. For a visual aid, see Exhibit C -1, the Master Plan and Exhibit L The Lord's Way Typical Cross Sections for Tract A and G. Petitioners' Rationale and Staff Analysis: The petitioner states this deviation is needed to allow sufficient area to accommodate multi - family units on Tract. G and to compensate for area lost for the right -of -way reservation for The Lord's Way for both Tracts A and G. (See also Exhibit C MPUD Master Plan), As stated above, the petitioners have offered to include additional plantings into the buffer for landscape enhancement. Recommendation: ^Staff believes the alternative buffering proposed in this deviation will be adequate, 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 ublic_purooses to a deaee at least equivalent to literal application of such regulations.' Deviation 92 seeks relief from LDC Section 5.06.04 C.I6.bJ, to allow an off -site premises sign in the southwest comer of the subject property on Tract A. The deviation is to exceed the maximum area of 12 square feet to allow the off -site premise sign to be a maximum size of 32 square feet as an addition to the existing sign. (See MPUD Master Plan and Exhibit G depicting proposed sign detail.) First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 10 of 21 Agenda Item No. 17J July 22, 2008 Page 29 of 315 Petitioners' Rationale and Staff Analysis: The petitioner states that this deviation is being requested to enhance the ability of the motoring public to identify the location of the proposed multi- family development on Tract G that is not visible from C.R. 951. (See Exhibit G for sign detail.) LDC Section 5.06.01 sets forth the general purpose why there are sign standards in Collier County citing: Increased numbers and sizes of signs, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. Staff does not see a need to allow this project to increase the sign size based upon the petitioners' own decision to develop the property with the multi - family uses further from CR 951. That rationale provided could be used for every multi- family project that does not front an arterial roadway, which would result in a proliferation of signs. Furthermore, approval of this deviation would be contrary to the general intent of the sign regulations because the sign could needlessly "distract the attention of motorists and pedestrians, and interfere with traffic safety" and "degrades the aesthetic attractiveness of the natural and manmade attributes of the community. " Recommendation: The current sign requirements of the LDC have been adopted to promote the welfare of the community as noted in the citation above. In staff s opinion, approval of this deviation is not in the best interest of the welfare of the citizen of Collier County. Therefore. Zoning and Land Development Review staff recommends DENIAL finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element maybe waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.131.51, the petitioner has not demonstrated that the deviation is justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.' Deviation #3 seeks relief from LDC Section 05.06.04.C. Lc, which allows a maximum sign area of 80 square feet; the deviation is to allow a maximum size of 132 square feet in area (the sign is currently 100 feet in area). Petitioners' Rationale and StaffAnalysls: The applicant states this deviation is needed to enhance the ability of the motoring public to identify the location of the proposed multi- family development on Tract G that is not readably visible from C.R. 951 and to allow the size of the existing sign to be exceeded. (See Exhibit G for sign detail.) Ordinance No. 99 -59, the ordinance that currently governs development of this project, granted approval to allow a sign size of 100 square feet. The existing sign was constructed in compliance with that approval. Staff recognized the existing sign and does not want to create any non - conformity with this amendment thus staff recommends that the deviation be approved to allow existing sign to remain (at 100 square feet), however staff will not support any increase in the size. As explained in deviation 42, staff cannot support larger signs at this location. Additionally any replacement sign must be First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 11 of 21 Agenda lien No. 17J July 22 2008 Page 30 of 315 constructed in compliance with LDC requirements in effect when permits are sought. Recommendation: The current sign requirements of the LDC have been adopted to promote the welfare of the community as noted in the citation above. In staff's opinion, approval of this deviation to the currently erected sign size but not as requested is in the best interest of the welfare of the citizen of Collier County. Therefore. Zoning and Land Develovment Review staff recommends DENIAL of the requested deviation (to 132 square feet) but APPROVAL of a deviation to allow the 100 square foot sign to remain but noting any replacement sign must be erected in compliance with the LDC effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public pur -poses to a de ee at least equivalent to literal application of such regulations." Deviation ##4 seeks relief from LDC Section 05.06.04 C.16.b.ii., that limits the height of the sign to eight feet above the lowest center grade of the arterial roadway and to allow the existing sign to remain 20 feet in height. AND Deviation 45 seeks relief from LDC Section 5.06.04 C.La, that limits the size of signs to 15 feet to allow the existing 20 foot tall sign to remain. Petitioners' Rationale and Staff Analysis: The petitioner states that approval of these deviations is warranted to allow the existing 20 foot tall sign to remain, stating approval of the deviations will allow the sign to provide a convenience to the motoring public to identify the location of the multi- family tract, Tract G that is not visible from C.R 951. While staff does not support the rationale provided by the petitioner, staff will support the deviations for the same reason partial support was tendered for Deviation 3.A —the 20 foot high sign was approved in Ordinance No. 99 -59 and constructed in compliance with that approval. Not wanting to create non- conformities, staff will support the deviations as an existing sign. Any replacement sign must be erected in compliance with the LDC requirements in effect when permits are sought. Recommendation: welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 96 seeks relief from LDC Section 5.06.04 C.16.b.v, which requires an off -site premise sign be located within 1,000 feet of the intersection of the roadway to allow the sign to be 1,400 feet from the property it serves on Tract G. First Assemblies Ministries, PUDA- 2007 -AR- 12043 June 5, 2008 CCPC Page 12 of 21 Agenda Item No. 17J July 22. 2008 Page 31 of 315 Petitioners' Rationale and Staff Analysis: The petitioner states that approval of this deviation is to allow the motoring public to be aware of the location of the multi- family tract as a convenience. This deviation is related to the other sign deviations to allow the multi- family project on Tract G to be advertised on the sign fronting CR 951. Staff did not support Deviation #2 and cites the same reasons for not supporting this deviation. Recommendation: The current sign requirements of the LDC have been adopted to promote the welfare of the community as noted in the citation above. In staffs opinion, approval of ibis deviation is not in the best interest of the welfare of the citizen of Collier County. Therefore. Zoning and Land Development Review staff recommends DENIAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 Deviation #7 seeks relief from LDC Section 6.06.02 A.1, Sidewalk and Bike Lane Requirements to allow relief from the requirement that a 6 -foot wide sidewalk and bike lane be provided along The Lord's Way that is the requirement for the future condition upon The Lord's Way becoming an arterial roadway. The deviation is to allow the northerly most existing seven foot wide sidewalk to remain west of the existing entrance into First Assembly Ministries on Tract A to satisfy the pedestrian access requirements of LDC Section 6.06.02 A. 1. This deviation will also allow a five foot wide sidewalk to be constructed within a five foot easement area on Tract G the multi- family tract, to satisfy this LDC requirement. (See also Exhibit I, The Lords Way Typical Cross Sections.) Petitioners' Rationale and Staff Analysis: The petitioner states that approval of this deviation is to provide for pedestrian access along The Lord's Way while recognizing the constraints posed by existing conditions on Tract A and G after the reservation of right -of -way for The Lord's Way. Transportation Planning staff has been involved in the negotiations to procure right -of -way along The Lord's Way. Transportation Planting and Zoning staff recommend approval of this deviation as a reasonable alternative to the provisions of the LDC. Recommendation: Staff believes the buffer proposed in this deviation will be adequate. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in comuliance 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. safes and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public ptumoses to a degree at least equivalent to literal application of such regulations Deviation #8 seeks relief from LDC Section 6.06.02 A.1, Sidewalk and Bike Lane Requirements that requires sidewalks on both sides of the street and to allow a sidewalk on only one side of the internal access drives for the multi- family Tract G as buildings are proposed only on one side of the access drive. Furthermore, the project includes a proposal for an extensive internal pedestrian circulation system for access throughout the MPUD. First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 13 of 21 Agenda !:em No i I July 22. 2038 Page 32 of 315 Petitioners' Rationale and Staff Analysis: The petitioner states that approval of this deviation is to allow a sidewalk on one side of the access drive because buildings will only be constructed along one side of the access drive. Recommendation: Staff believes this is a reasonable request since the access drive where the deviation is to be applicable is totally confined to the interior of Tract G, and will most likely only be utilized by the residents and guests, not the travelling public. Zoning and Land Development Review staff literal application of such regulations. Deviation #9 seeks relief from LDC Section 6.06.02 A.1, which requires a six foot wide sidewalk and bike lane along C.R. 951, an arterial roadway, to allow an existing seven foot wide sidewalk along a portion of the CR 951 road frontage on property belonging to First Assembly Ministries to satisfy this requirement or by providing money in lieu of providing a sidewalk. A connection will be provided from the sidewalk on The Lord's Way to the sidewalk the County will construct on CR 951 east of the canal at the intersection of The Lord's Way and CR 951. Petitioners' Rationale and Staff Analysis: The petitioner states that approval of this deviation is to allow the existing sidewalk to provide pedestrian access until CR 951 is widened and a new sidewalk connection is constructed to the county's proposed pathway along the east side of the CR 951 canal. Additionally, allowing the seven foot sidewalk to remain on Tract A to satisfy pedestrian access requirements allows the existing pedestrian access system to function as planned and without disturbing the existing pavement area. Recommendation: Staff believes this is a reasonable request. Zoning and Land Development Review petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation #10 seeks relief from LDC Section 6.06.01 B, Street System Requirements, which requires that the layout of all developments be coordinated with surrounding properties to provide interconnections. Petitioners' Rationale and Staff Analysis The petitioners' agent states that this deviation is to allow private access to both the church campus and multi - family development to be private entrances and to not require interconnection between the two uses. A provision has been made for a potential future access to the east. According to the petitioner, the two primary uses within this project —the church related uses with its rehabilitation center, and the multi - family development proposed for Tract G ---are not necessarily complementary uses. The applicant's agent suggests that the two uses be separated rather than interconnected. Staff concurs. First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 14 of 21 Agenda Item No. 17J July 22, 2008 Page 33 of 315 Recommendation: Staff believes this is a reasonable request. Zoning and Land Development Review 10.02.13.A.1 the petitioner has demonstrated that "the element may be waived without a detrimental n+T.n nn tl,u ."A .va1F ro —f d.n .....,,«.....;,.. " —A T i [' 0— 4-- , n n� t � n e ti n -- equivalent to literal application of such regulations. Deviation #11 seeks relief from LDC Section 5.05.04 D.1, Group Housing which requires a care units maximum floor area shall not exceed a 0.45 floor area ratio (FAR) to allow the care units to be developed within the 368,000 square feet of floor area for all uses. Petitioners' Rationale and Staff Analysis: Approval of this deviation will allow care units to be grouped in one or more buildings with other accessory uses without computing a separate floor area ratio for the care unit component of the project. There is a Maximum limitation of 368,000 for all institutional and other non - residential uses set forth in the Collier Boulevard Community Facility Subdistrict of the GMP. The development intensity for the project and therefore the care units is adequately provided by the GMT. Recommendation: Staff believes this is a reasonable request. Zoning and Land Development Review petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation #12 seeks relief from LDC Section 5.05.04 D.3.b that requires 0.75 parking spaces per assisted care unit, to allow 0.75 parking spaces per 10 care units on Tracts A and C only. Petitioners' Rationale and Staff Analysis: According to the agent, this deviation is justified because residents will only have occasional access to motorized vehicles thus lessening the demand for parking for the care units. Furthermore, residents of the care units are required to become members of the church thus that parking space demand has been accounted for in church related facilities. Currently there are 18 residents in rehabilitation at First Assembly, and only one individual has a motorized vehicle. Staff recognizes that there appears to be a unique circumstance that is marginally documented with the existing facility by the applicant, However, staff believes the reduction in parking spaces should only be applicable to the "Rehabilitation Center" use shown on Tract A that is located EAST of Tract B. The residents from the Rehabilitation Center are located close enough to walk to activities at the main church facilities. The main portion of Tract A located WEST of Tract B houses the place of worship and the educational complex that will be open to, and accessed by, the general public. As a general rule, places of worship encourage the general public to attend services, thus parking can be an issue during worship services. Recommendation: Staff believes this is a reasonable request with the limitation noted above. Therefore, First Assemblies Ministries, PUDA- 2407 -AR -12043 June 5, 2008 CCPC Page 15 of 21 Agenda Item No. 17J July 22. 2008 Page 34 of 315 of Tract A Iocated east of Tract B. finding that in compliance with LDC Section 10.02.13.A.3. the that the deviation is "justified as meeting public p=oses to a degree at least equivalent to literal application of such regulations. Deviation 913 seeks relief from LDC Sections 4.06.02 DA and 5.03.02 E.3, pertaining to minimum landscape buffer widths and minimum wall setbacks respectively. The LDC requires that a 15 foot wide Type B landscape buffer and a 10 foot wide Type A landscape buffer be provided along the property boundary between Tract G, the multi - family tract, and Tracts A and C of First Assembly Ministries' campus, with the 15 foot Type B buffer to be provided by the more intensive use (i.e., on Tracts A and C) and the 10 foot Type A buffer to be provided by the less intensive use (i.e., on Tract G). The LDC also requires that the non- residential use provide a minimum six foot high concrete (precast or masonry) wall a minimum of six feet from the residential zoning district boundary (i.e., at least six feet inside Tracts A and C). The LDC allows for reductions in required buffer widths to a minimum width of 10 feet provided that compensating increases in width are made elsewhere in the buffer. The deviation is to locate the buffers within platted easements as depicted on Exhibit C, the MPUD Master Plan departing in places from the property line and with portions of either buffer encroaching onto an adjacent tract(s). Areas depicted in the legend represent reductions in buffer width and include compensating increases in buffer width. Portions of the 10 foot Type A buffer on Tract G — Phase 2 (i.e., adjacent to Celebration BIvd., the existing entry road into Tract A) are shown with a reduction in width to less than 10 feet, severed in some places, due to the encroachment of proposed impervious improvements. The required wall is to be located a minimum of six feet from the residential side of the 15 foot Type B buffer. Petitioners' Rationale and Staff'Analysis: According to the agent, this deviation is justified because the allowances will accommodate the proposed improvements within the constraints of existing site conditions, including existing utility and access improvements. Furthermore, where the buffers are proposed to be reduced in width —along Celebration Blvd. and behind the proposed multi- family /multi- purpose building on Tract A —the view is less intensive. The adjacent uses are a roadway with no vertical structures proposed in the background and a residential/care facility with architecture similar to that of the proposed multi - family buildings on Tract G. The proposed increases in buffer width are conversely located where future residents of Tract G (Fountain Lakes) would most benefit from additional screening—adjacent to views of the job training and rehabilitation services center on Tracts A and C. Recommendation: Staff believes this is a reasonable request. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 10.02.13.11.5.1t, the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least equivalent to literal application of such regulations. First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 20O6 CCPC Page 16 of 21 Agenda Item No. 17J July 22. 2008 Page 35 of 315 Deviation # 14 seeks relief to LDC Section 4.06.02 C Table 2.4, which requires buffering internal to uses within Tracts A and C. The deviation is to allow no buffering between uses internal to Tracts A and C. Petitioners' Rationale and SieAnalysis: The petitioner's agents stated that this deviation is justified because this standard was allowed by the existing zoning prior to the adoption of this Ordinance to promote on -site bicycle and pedestrian traffic. Staff fails to see the relevance of that statement because the applicable area of Tract A (that area located east of Tract B) and Tract C have not been developed with any structures that have required buffer placement, thus previous regulations have never been utilized. Staff will not usually recommend action that created non - conformities however in this petition that is not an issue since there is no existing buffering that could become non - conforming. The need for this deviation is not readily discernable given the current explanation. On -site bicycle and pedestrian access appear to be readily available via the internal roadway that connects Tract C past Tract C to the project's main access point on The Lords Way. Required buffering should have no effect upon bicycle or pedestrian access between Tracts A and C. LDC Section 4.06.01 states, in part, that the purpose and intent of the landscape code is to: b. Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; and d. Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; and e. Screen and buffer the harsher visual aspects of urban development; f. Improve environmental quality by reducing and reversing air, noise, heat and chemical pollution through the preservation of canopy frees and the creation of shade and microclimate; g. Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation, Approval of this deviation seems contrary to the stated purposes while providing no viable alternative or concrete reason for doing so. Recommendation; The buffering requirements of the LDC have been adopted to promote the health, safety, and welfare of residents of Collier County as noted in the citation above. In staff's opinion, approval of this deviation is not in the best interest of the welfare of the citizen of Collier County. Therefore. Zoning and Land Development Review staff recommends DBNIAL finding that in compliance with LDC Section 10.02.13-A.3. the petitioner has not demonstrated that "the element may public purposes to a degree at least equivalent to literal application of such regulations." Deviation #15 seeks relief from LDC Section 4.05.04 G. Table 17, Parking Spaces Required which requires three parking spaces for each seven seats in the chapel or assembly area, to allow a reduction of this standard to a minimum of one space for each four seats to apply only to previously approved church related structures prior to the adoption of this Ordinance. Any future church related parking area will require the standard of three parking spaces for seven seats. First Assemblies Minisides, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 17 of 21 Ag n:�a Item PJo. 17J July 22, 2008 Page 36 of 315 Petitioners' Rationale and Staff Analysis: The petitioners' agents states the parking space requirement of one space per four seats is currently allowed by the existing PUD and the site development plan for the existing church was approved according to this standard. All future church seating requirements will be provided at one space per seven seats after the adoption of this ordinance. Ordinance No. 99 -59, the ordinance that currently governs development of this project, granted approval to allow parking to be provided at one space per four seats. The existing church facilities were constructed in compliance with that approval. Staff recognizes the existing parking situation on the westernmost Tract A and does not want to create any non - conformity with this amendment thus staff recommends that the deviation be approved to allow existing parking allocation to remain (at one space per four seats), for the existing Church and Place of Worship uses shown in Tract A ONLY. Any redevelopment and/or additional and/or new uses will be constructed in compliance with the regulations in effect when development approvals are sought. Recommendation: Zoning and Land Development Review staff recommends APPROVAL of the Section 10.02.13.A.3, the petitioner has not 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 not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations,' The petitioners are not in agreement with staff's position for Deviations 2, 6 and 14 which staff is not supporting. The petitioners are also not in agreement with the stipulations staff has recommended on Deviations 3, 4, 5 or 12. The PUD document has not been revised to reflect staff's position on the deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): A duly advertised NIM was held at the First Assemblies of Cod Church on November 8, 2007 at 5:30 p.m. Approximately 20 persons, other than staff and the petitioners' representatives, attended. Mr. Robert Duane, from HoleMontes, Inc., representing the applicants, and Mr. Bill Klohn, with MOD and Pastor Mallory, the two of the petitioners, were present. Mr. Brian Settle of Naples Community Hospital was also present. Opening remarks about the NIM and public hearing process were given by Kay Deselem, principal planner, representing Collier County. Mr. Robert Duane, of Hole Montes, presented an explanation of the relationship between First Assembly and MOD, the other property owner and a developer, and the subsequent split of the property. Mr. Duane gave an overview of First Assemblies intended development of their portion of the property. Mr. Bill Klohn, of MOD, provided an overview of leis proposed plan to develop the land held by MOD property. Mr. Klohn stated that he has applied for CWHIP funding and if the grant is not given, then 150 units of his development may be reserved as affordable housing for essential personnel within Collier County (Fire/Rescue, Nurses, County Employees, etc.). Both briefings outlined the worship centers, First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page IS of 21 Agenda Item No. i7J July 22, 2008 Page 37 of 315 conservation areas, rehabilitation center, and residential buildings. Mr. Klohn's artist rendering of the proposed building was satisfactory to the residents in attendance. Mr. Duane and Mr. Klohn stated all but nine of the mobile homes would be replaced with new single- family townhome type structures. Questions were asked about the MPUD zoning. Questions were raised about the reduction of care unit beds from 800 to 249 and if the new total would be written into the MPUD. Questions were asked about the square footage of the proposed improvements to the properties. Questions and concerns were asked about the care units, state of the inhabitants of the care units, and the level of rehabilitation needed for the inhabitants. The following specific concerns were voiced: • Area neighbors would like to see more landscaping along Collier Blvd. • A concern for a need of a traffic signal at the intersection of Lords Way and Collier BIvd. was mentioned. A concern about the school buses not being able to turn into the Lords Way once the Collier • Blvd, widening project is finished was mentioned. (It was suggested that Collier County transportation Division be contacted regarding these concerns.) • A concern about the inhabitants of the care units and what level of care would be needed was raised. • A concern was raised about the number of occupants in each care unit. Developer Commitments (either on behalf of the ministries or MDG as appropriate): • A reduction in the original 800 beds assisted living facility to 249 beds. • An expansion of the Lords Way entrance and road to 4 lanes, • The care facility will have 24 hour security. • Tract G will be developed with concrete block construction with tile roofs buildings and all units in each building will have a minimum of two bedrooms. Synopsis provide by E. Ybaeeta, Citizen Liaison However a person attending the Neighborhood Information Meeting (NIM) did ask the petitioners to increase the buffering along Collier Boulevard; the petitioners did not offer any additional buffering in response to that request. Numerous concerns were raised at the NIM regarding some of the uses that were both allowed in the previous zoning action and proposed to be retained in this amendment (See the NIM discussion later in this report for details). In response to concerns raised, the petitioners did state that the intensity was being reduced because there is a reduction from the original approved 800 -bed assisted living facility to a 249 -unit care facility (units not beds). There currently is no equivalency factor within the LDC or the PUD documents to compare how many persons might be in a unit, so that comparison may not be, accurately depicted as a reduction. The Ministries petitioner has been reluctant to provide a specific number of beds. Due to concerns raised about the clientele, the Ministries petitioner agreed to provide 24 -hour security for the care facility. The multi- family petitioner agreed to develop Tract G with concrete block buildings with file roofs. Further he agreed that all units in each building will have a minimum of two bedrooms. First Assemblies Ministries, PUI7A- 2007 -AR -12043 June 5, 2008 CCPC Page 19 of 21 F.aenda liem No. 17J July 22, 2008 Page 38 of 315 Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- 2007 -AR -12043 to the Board of County Commissioners with a recommendation of approval of the rezoning request from the Planned Unit Development Zoning District to the Mixed Use Planned Unit Development (MPUD) Zoning District subject to the stipulations that have been incorporated into the MPUD document, EXCEPT that staff recommends DENIAL of Deviations 2, 6 and 14 and approval with stipulations for Deviations 3, 4, 5, 12 and 15, as follows: • Deviatioa#3: Approval of the deviation is limited to a maximum size of 100 square foot sign and any replacement sign must be erected in compliance with the LDC requirements in effect when permits are sought; • Deviation #4: Approval of the deviation is to allow the existing 20 foot high sign to remain, however any replacement sign must be erected to code; • Deviation #5: Approval of the deviation is to allow the existing 20 foot high sign to remain, however any replacement sign must be erected to code; • Deviation #12; Approval of this deviation is limited to that portion of Tract A located east of Tract B only; • Deviation #15; Approval of this deviation to allow the existing parking situation to remain (at one space per four seats), is limited to existing Church and Place of Worship uses shown in Tract A only. PREPARED BY: s J 5--9-02 KAY ESELEM, AiCP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: LJLI.St�!! %AAj=� K.dfifl6Y�A� MARCO. S D�TIRLING ASSISTANT COUNTY ATTORNEY - ZZ -06 DATE RAYMO DIV. BELLO S, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 20 of 21 Agenda Item No. 17J July 22.. 2008 Page 39 of 315 _ � - -4-1o131o7QQg SUSAN M. ISTENES, AICP, DIRECTOR I VATF DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Vt�k V*3MIT! ADMINIST TOR D E DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISI N Tentatively scheduled for the July 22, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: -w-rij ma lim Attachments: A, Rezone Findings B. PUD Findings C. Memo from Comprehensive Planning, dated April 21, 2008 First Assemblies Ministries, PUDA- 2007 -AR -12043 June 5, 2008 CCPC Page 21 of 21 o� DATE Agenda Item No. 1 1 J July 22, 2008 Page 40 of 315 ATTACHMENT A REZONE FINDINGS PUDA - 2007 -•AR -12043 First Assembly Ministries Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP). The GMP and FLUM discussion of the staff report (beginning on page 3 of that document) provides a detailed analysis of this project's consistent with the FLUM Map and the elements of the GMP. The subject property is designated Urban Mixed Use District, Urban Residential Fringe Subdistrict, as identified on the FLUM of the GMP. This Subdistrict allows residential density of 1.5 dwelling units per acre (du/ac) and a variety of community facility, recreation, essential service and other uses generally allowed throughout the Urban designation. The staff report provides the support to justify a recommendation that this petition be deemed consistent with the GMP. 2. The existing land use pattern; North of the subject property is undeveloped agriculturally zoned land (proposed to be part of the pending Toll - Rattlesnake DRI and PUD project. To the east is a ten -acre undeveloped tract that is currently a part of this PUD, but it is being rezoning to the Rural Agricultural zoning district as a holding zone (also proposed to be part of the pending Toll- Rattlesnake DRI and PUD project. The Lords Way, a private roadway, abuts the subject property to the south with undeveloped lands with a zoning designation of Rural Agricultural on the south side of that road. To the west is Collier Boulevard, (CR 951) with the Naples Lakes Country Club, a developed residential community with a zoning designation of PUD on the other side of that roadway. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject tract's existing zoning is PUD and the PUD is being amended to remove the easternmost 10 acres in anticipation of its inclusion in the Toll - Rattlesnake DRUPUD. In the interim, it is being rezoned to the Rural Agricultural zoning district to function as a holding zone. The remaining 69f acres will continued to be zoned PUD with some amendments to the uses proposed. The parcels to the north and east are also included in the proposed Toll- Rattlesnake DRI/PUD. Therefore, staff is of the opinion that this petition will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed zoning boundaries follow the property ownership boundaries and result in a rectangular shaped tract. The location snap on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. A determination that the PUD May 22, 2008 Page 1 of 4 Aoenda Hein No. 17J July 22. 2008 Page 41 of 315 boundaries were logically drawn was made to support the previous PUD rezoning, and the boundaries of this rezone will follow the fractional boundaries identified as part that that action, thus the boundaries remain logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is warranted to recognize the proposed actions for the rezone companion petition and that property's znclusion within the Toll- Rattlesnake DRYPUD project. The proposed amendments are consistent with this project's designation as a Community Workforce Housing Innovation Pilot Program (CWHIP) project. Approval of this PUD amendment will allow the First Assemblies PUD to go forward with its revised development plans and hold this site for the Toll - Rattlesnake project. The proposed change is also to reflect the changes from the GMP amendment that created the Collier Boulevard Community Facilities Subdistrict. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore the proposed change will not adversely impact living conditions in the area 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Based upon the Transportation Planning staff review, the difference in the site - generated traffic from the currently approved PUD versus the proposed MPUD will not create or excessively increase traffic congestion. R. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Any proposed 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 for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outline in the PUD document. As its name implies, this MPUD project is designed to provide property development regulations for Church and related ministries and rehabilitation activities as well as the proposed multi- family home Fountain Lakes CWHIP project. Property development regulations of the zoning district do not encourage compact development that could ATTACHMENT A Rezone Findings PUDA- 2007 -AR -12043 May 22, 2008 Page 2 of 4 Agenda Item No. 17J July 22, 2008 Page 42 of 315 significantly reduce light and air to adjacent areas; thus the MPUD amendment, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; 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; Properties to the north and east are undeveloped or developed with the Swamp Buggy races establishment (east) but both properties are included in the pending Toll - Rattlesnake project; this petition should not affect either parcels to the north or east. The area to the south across The Lords Way is undeveloped agriculturally zoned land and should not be affected by the proposed change. To the west is Collier Boulevard then the already developed Naples Lakes County Club PUD. To the west is a ten acre portion of the existing PUD which is proposed for rezoning to the Rural Agricultural zoning district and the subject of a companion petition. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is fiirther 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; While the property can be used under the existing zoning, the petitioners have opted to seek this amendment to clarify the list of permitted uses and to be consistent with the Collier Boulevard Community Facilities Subdistrict of the FLUE of the GMP, Additionally, the easternmost ten acres of this PUD has been incorporated into the Toll - Rattlesnake DRI/PUD project and needs to be removed from the PUD because the ten acres will be developed under a different development plan within a different PUD —the Toll- Rattlesnake PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed development complies with the GMP, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable ATTACHMENT A Rezone Findings PUDA-2007 -AR -12043 May 22, 2008 Page 3 of 4 Agenda Item No. i7J July 22. 2008 Page 43 of 315 throughout the urban designated areas of 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 is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in the staff report. 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 would require some 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 Growth y Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. ATTACHMENT A Rezone Findings PUDA- 2007 -AR -12043 May 22, 2008 Page 4 of 4 '\gefnua Item No. 17J July 22, 2008 Page 44 of 315 ATTACHMENT B PUD FINDINGS PUDA- 2007 -AR -12043 First Assembly Ministries Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. As discussed in the staff report and the Rezoning Findings, items 2, 6, 7, 8, 16 and 17, 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 of the LDC. 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. Documents submitted with the application provided satisfactory evidence of unified control. The PUD 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 Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP. Based on the analysis contained in the staff report and the FLUE consistency Memo (Attachment C), 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 amendment are designed to make the proposed uses compatible with the adjacent uses. The staff analyses contained in the staff report support a finding that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Additionally, the Development Commitments contained in Exhibit F of the MPUD document provide additional guidelines the developer will have to fulfill. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. May 22, 2008 Page t of 2 Agenda Item No. 17J July 22, 2008 Page 45 of 315 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. Since the project is currently being developed, the timing or sequence of development in light of concurrency requirements does not appear to be a significant problem for this amendment. In addition the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought and the phasing requirements shown in Exhibit F. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Currently, the utility and roadway infrastructure has adequate capacity to serve the - proposed MPUD as well as the surrounding development at this time, i.e. GMP consistent at the time of rezoning as evaluated as part of the GMP consistency review indicates (see the staff report). Specific concurrency requirements will need to be met when development orders are sought. 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 petitioner is seeking sixteen deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes some of the deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Staff is supporting some deviations only to the extent required to acknowledge development that has occurred on site in compliance with previous zoning approval. Staff is not recommending approval to expand any approval not in compliance with today's regulations and also staff is recommending that any redevelopment be completed in compliance with the LDC in effect when permits are sought. Please refer to the staff report for a more extensive examination of the deviations. ATTACHMENT B PUD Findings PUDA- 2007 -ATE -12043 May 22, 2008 Page 2 of 2 Agenda Item No. 17J July 22. 2008 Page 46 of ° 15 PUDA -07. 12043, First Arremhjl- Mhrrhsries Consistency Review Memo To: Kay Deselem, Principal Planner Zoning & Land Development Review From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Department Date: April 21, 2008 Subject Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDA- 2007 -AR -12043 — Review Stage: 4 PETITION NAME: First Assembly Ministries Education & Rebabibtation MPUD REQUEST: This petition requests a Planned Unit Development amendment of 69 acres of the existing 79 -acre PUD in accordance with provisions of the Collier Boulevard Community Facility Sub is i . The petitioner seeks to amend the Mixed -Use Planned Unit Development predating this Subdistrict, which is presently approved for a mixture of land uses for religious, community social services and residential uses in a campus -type setting, including. 2400 seat church auditorium, 600 seat chapel, 300 student school (IC -12), 450 child /adult care facility, 400 bed care unit facility, 120 travel trailer or park model lots, adult living facility for 400 group housing units, and 57 multi-family units along with numerous inside and outside recreational facilities and accessory uses. Only a portion of the PUD - permitted land uses has been developed. Not part of this request is the downzone of a 10 acre portion of an existing 79 -acre PUD — returning it to the A, Rural Agricultural District. This easternmost ten acres is being rezoned by separate, concurrent application jZ- 2008 -AR- 128421 and is not part of the Mixed Use Planned Unit Development (MPUD) presently under consideration. The new Subdistrict accommodates a mixed use, residential and institutional development on 69 of the original 79 acres. The petitioner proposes to develop a maximum of 306 dwelling units — 10 units for persons involved on -site with church and church - related community services, 147 units for persons involved with providing essential services in Collier County including 60 affordable - workforce units, and 149 market rate units for any prospective property owner — plus a maximum 368,000 square feet for portions of the religious and institutional uses, and community services already permitted. On CD -Plus System CDES Division - Comprehensive Planning Department -1- Attachment C Agenda Item No. 17J July 22, 2008 Page 47 of 315 PUDA -07- 12043, Fi st Arrembyl [M hd hia LOCATION: The subject property, containing 69 acres more or less, is located at the northeast comer of Collier Boulevard (CR -951) and The Lord's Way intersection, in Section 14, Township 50 South, Range 26 East COMPREHENSIVE PLANNING COMMENTS: The subject property lies within the Urban Mixed Use District, Collier Boulevard Community Facility Subdistrict The FLUE provisions for this Subdistrict read as follows: 17. Collier Boulevard Community Facility Subdistrict The Collier Boulevard Community Facility Subdistrict comprises approximately 69 acres and is located on the east side of Collier Boulevard, approximately one -half mile north of the Collier Boulevard/Rattlesnake Hammock Road intersection. The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non - commercial uses generally serving the public at large, and residential uses, both affordable- workforce and market rate housing - all in a setting to be compatible with surrounding land uses. The Subdistrict is intended to contain a mix of uses and services which lessens traffic impacts upon the external transportation network and public services, while serving the needs of the community at large. All development in this Subdistrict shall comply with the following requirements and limitations: a. Rezoning is encouraged to be in the form of a PUD. b. Allowable land uses: 1) Community facilities such as churches, group housing uses, cemeteries, private schools and colleges. 2) Child care facilities. 3) Residential dwelling units, not to exceed 306 units. 4) Essential services, as defined in the Collier County Land Development Code, Ordinance Number 04 -41, In effect as of the effective date of adoption of this Subdistrict. 5) Parks, open space, and recreational uses. o. The maximum floor area for institutional and other non - residential uses shall not exceed 368,000 square feet. d. Of the 306 total dwelling units, a maximum of ten (10) units shall be reserved for occupancy solely by church employees and church - related personnel and their families. The 10 church - related dwelling units will be considered incidental and accessory to the institutional uses within this Subdistrict. e. A requirement shall be put in place at the time of rezoning /PUD amendment that all but nine (9) mobile home units currently on site shall be removed from the subject property prior to the construction of any housing not reserved for church - related employees, staff and program participants. The nine remaining mobile home units may serve as temporary adult care units for program participants, and shall be removed as they are replaced by permanent residential - On CD -Plus System CDES Division - Comprehensive Planning Department Agenda Itern No. 17J July 22 2008 Page 48 of 315 PUMA -07- 92043, Foal Assevby Aliniaries structures, permanent adult care units, or within twenty -four (24) months from the date of adoption of this Subdistrict, whichever is sooner. f. One hundred forty -seven of the 296 affordable - workforce and market rate housing units, as they become available, will be offered first to persons involved in providing essential services in Collier County, as defined in the County's Local Housing Assistance Plan. g. To achieve the density of approximately 4.28 dwelling units per acre, and to allow development of the 192 non - church - related, non -base density dwelling units, the project shall comply with one or more of the following: 1) the Affordable- Workforce Housing Density Bonus provisions of the Collier County Land Development Code Ordinance Number 04-41 in effect as of the date of adoption of this Subdistrict; or, 2) be designated as a Community Workforce Housing Innovation Program (CWHIP) Project by the State of Florida and comply with all requirements and limitations of that designation, and provide a minimum of eighty (80) essential services personnel dwelling units — comprised of a minimum of ten (10) dwelling units for those earning less than 80% of the median income of Collier County, and a minimum of seventy (70) dwelling units for those earning between 80% and 140% of the median income of Collier County; or, 3) enter into an agreement with Collier County assuring that no fewer than 147 affordable- workforce and market rate housing units are constructed and, as they become available, will be offered first to persons involved in providing essential services in Collier County, such agreement being in effect for not less than fifteen (15) years, including a minimum of thirty -five (35) dwelling units for those earning no more than 150% of the median income of Collier County, and a minimum of twenty -five (25) dwelling units for those earning no more than 80% of the median income. h. No more than 57 market rate dwelling units shall be constructed prior to the construction of all affordable- workforce housing dwelling units. i. At the time of rezoning /PUD amendment, the maximum occupancy per dwelling unit in the 296 non - church - related dwelling units shall be addressed, as deemed appropriate by the Board of County Commissioners. j. At the time of rezoning/PUD amendment, consideration shall be given to increasing the landscaping requirements along The Lord's Way beyond existing Land Development Code requirements. k. At the time of rezoning/PUD amendment, the petitioner shall be required to mitigate for the project's impacts upon affected roadways in accordance with the concurrency management system and as otherwise determined appropriate by the Board of County Commissioners. 1. Residential development shall be phased. Phase One development shall be limited to 147 dwelling units for persons involved in providing essential services in Collier County and 10 church - related dwelling units. Phase Two development shall consist of the remaining 149 market rate On CD -Plus System ODES Division - Comprehensive Planning Department Agenda Item No. 17J July 22, 2008 Page 49 of 315 PUDA -07- 12043, First Assemb_y Ministries units, plus any units allowed but not constructed during Phase One. For the 149 market rate dwelling units in Phase Two, no certificate of occupancy shall be issued until improvements to the existing deficient segment of Davis Boulevard are complete. The institutional uses and community services land uses proposed to remain within the amended PUD include the 30,000 square foot church (auditorium) seating 1,800; the 20,000 square foot church (chapel) seating 600; 10 residential dwelling units for church- related employees, program staff and participants; 400 congregate care units; the private school for 300 K -12 students; and, the 450 child /adult day care center. Plans for the 400 -bed assisted living facilities, and the 120 TTRV camp sites will be eliminated and therefore not be part of the PUD. The assisted living facility has not been developed and plans for doing so are not part of this MPUD. Of the 120 campsites, 23 have been developed and are occupied by mobile homes. These will be eliminated in accordance with Subdistrict provision (e), which states, "[a] requirement shall be put in place at the time of rezoning /PUD amendment that all but nine (9) mobile home units currently on site shall be removed from the subject property prior to the construction of any housing not reserved for church - related employees, staff and program participants. The nine remaining mobile home units may serve as temporary adult care units for program participants, and shall be removed as they are replaced by permanent residential structures, permanent adult care units, or within twenty -four (24) months from the date of adoption of this Subdistrict, whichever is sooner". Approval of this MPUD will allow development of up to 296 affordable- workforce and market rate dwelling units not reserved for church - related employees or staff. Of these 296 dwelling units, 236 would be market rate (80 %) — including a portion of those intended for people employed by occupations or professions considered essential Of the 60 units remaining, 35 would be for those earning 5150% of median income (12 %), and 25 units would be for those earning <_80% of median income (8 %) [20% gross affordable - workforce). Staff points out a formal agreement to provide housing to people employed by occupations or professions considered essential is not submitted with this PUDA. Nonetheless, the petitioner's proposal to make 147 residential units available to these people remains an essential part of this Subdistrict — and benefits the County. Petitioner proposes a mix of housing types especially for these people — providing 35 gap units and 25 workforce units, This 35/25 mix varies from the standard (Collier County] Affordable- Workforce Housing Density Bonus requirements of 30/30 in order to reach the desired density of approximately 4.28 dwelling units per acre. Petitioner believes this variation from County standards is justified given their commitment to providing no less than a total 147 housing units to people employed by occupations or professions considered essential. The affotdable- workforce housing component is not proposed to meet the definitions and requirements of the Collier County Affordable - Workforce Housing Density Bonus Program, but provides a mixture of Gap and Workforce housing unique to this Subdistrict On CD -Plus System CDES Division - Comprehensive Planning Department Agenda Itern No. 17,1 July 22, 2008 Page 50 of 315 PUDA- 07- 12043, First Assembly Minirtrier * [Staff note: The affordable- workfone housing ctrrrzponent will ewntualy meet either the requirements of the Collier County Affordable- Workfose Housing Density Bonus Program, the State of Florida's Commrmity Workforce Housing Innovation Pilot (C -WHIP) Program, or, an agreement with Collier County asswing that housing is constructed and offered first to persons involved in providing essential services.] Collier County is experiencing a critical shortage of affordable housing for people employed by occupations or professions considered essential — including teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades perso.-mel and government employees.* Petitioner commits 147 of these 296 units, as they become available, to being offered frrt to these persons in particular need and demand. This fast -offer availability is guaranteed for fifteen years, each time one of these 147 housing units is vacated. * (Staff note: The oecxpations and professions considered essential are defined in the County s Local Housing Assistance Plan, updated October 10, 2006..) The residential density within the First Assembly Ministries MPUD may be obtained without using the Affordable- Workforce Housing Density Bonus Agreement. The developer has voluntarily agreed to other pertinent provisions of the Subdistrict to qualify for fast track zoning and Perma FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses /densities on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation /attraction, etc. Objective 7, Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were approved on October 26, 2004. This Objective and policies incorporate certain "Smart Growth" provisions into the FLUE. This fonnulative process was one of Collier County's earliest opportunities to apply more of the practices found in the Toward Better Places - The Community Character Plan for Collier County. Florida. The Community Character Plan provides the County with a policy document featuring the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming, new urbanism and other contemporary planning practices. 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 intersection spacing requirements of the Land Development Code. On CD -Plus System CDFS Division - Comprehensive Planning Department Agenda Item No. 17J July 22, 2008 Page 51 of 315 PUDA- 07- 12043, FirsY.4rrembf Midrtries Policy 7.2 The County shalt 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. 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. Polley 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. Policy 7.5 The County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. This policy shall be Implemented through provisions in specific subdistricts. The petitioner has provided responses to FLUE Objective 7 Policies as part of the application's "Evaluation Criteria" statements, Staff agrees with their responses. Generally, the kirst Assembly Ministries Education and Rehabilitation MPUD provides a unique mixture of religious, educational, institutional, rebabilitational and residential uses and services. Land uses have been arranged to accommodate the introduction of mote housing opportunities into the existing setting established by present religious and institutional PUD uses. The Collier County Board of County Commissioners (BCC) decided in July, 2007 that land use change petitioners seeking to utilize die affordable - workforce housing (AWH) density bonus program must submit a financial justification [similar to analysis prepared in the past by Fishkind & Associates] as part of their application materials. This financial justification must demonstrate the relationship between the amount of residential density requested and how it is economically justified and supported by providing AWH units. In sum, sufficient data and analysis that the additional residential density is necessary to .rapport the economic viability of the affordable- workforce housing units — how the many support the few. Please consider that County .7onxnsl a mentplanning staff bas no codifted criteria or evaluation standards so this issue wdibe addressed with eaebAWH bonus -based appluabon. The petitioners agent can put together the necessary information, get it to stafffor review,, and have the synopsis included in the Executive Summary. Russ Weyer of Fishkind e. Assoc. can be contacted as he has previously prepared tbu type of analysis. ADDITIONAL PLANNING CONSIDERATIONS: Petitioner's Response Letter, Page 7, Item 13, from Stgge 3 materials, re: the proposed deviation to reduce the landscape type D buffet from 20 to 10 feet on The Lord's Way. The proposed deviation directly contradicts Subdistrict provision "j ", which states, On CD -Plus System CDES Division - Comprehensive Planning Department Agenda item No. 17J July 22. 2008 Page 52 of 315 PUD.4 -07- 12043, First /3srembiy Ministries 'At the time of rezoning /PUD amendment, consideration shall be giver, to increasing the landscaping rrquirements along The Lard's Way bryond existing .Land Development Code requirements. " Due consideration includes fully reviewing petitioner's justification for cutting landscaping standards in half. It fast appears that this deviation is not specifically addressed, but is grouped together with other "cost saving measures" generally supported by the Affordable Housing Coak'tion of Collier County, Further into the petitioner's response letter however, it is addressed. The Deviation response on page 25 provides the justifications for reductions in buffer uddtb only. The number of plantings within the narrowed buffer is actually increased by reducing the spacing between trees to 15 feet - in a Developer Commitment Page 16, Item 12, from Stage3marerials, re: the proposed used merchandise store (SIC 5932) for the collection and distribution of clothing and furniture intended to be "open to the general public ". The proposed store is not consistent with the provisions of the Subdistrict, as it states: `The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non - commercial usesgenerally serving the public at large, and residential uses... " [emphasis added] Commercial or quasi - commercial uses should not be allowed to serve the "public at large" or be "open to the general public" without being limited in some manner. This specific proposed use may be determined to be consistent with the provisions of the Subdistrict if it can be shown to be accessory to other permitted uses and is not advertised or signed except at entries to the Educational Complex building. Note that a similar opportunity is presented with a number of proposed accessory uses listed on pages 2 of Exhibit A, subsection (B). These uses could only be considered consistent with the provisions of the Subdistrict if they are accessory to other permitted religious or institutional uses, temporary or periodic in nature, and /or not advertised or signed except at entries to their respective buildings or with on- premise directional signs. Examples of the accessory uses to which these types of limitations would apply include the book store, radio broadcasting station, coin - operated laundries, and recreational vehicle dealers. Numerous proposed accessory uses are clearly commercial uses, in addition to SIC5932, e.g., 5561, 8011, 7215, 7699 and 8111. Exhibit A must contain adequate restrictions to insure these apparent commercial uses function as accessory uses in this non - commercial PUD. Such restrictions could include limiting their access or use to residents, employees, members, program participants and patrons of the principal uses on site, This is to say, the general public should be limited from accessing medical doctors and offices, obtaining legal services, using coin - operated laundry facilities, shopping at the bookstore, or having items repaired at the repair shop. Further, specific measurable and enforceable limits are needed, such as size restrictions of areas devoted to these uses, signage restrictions, advertising prohibitions (other than within materials directly associated with principal uses, such as church bulletins, flyers, and circulars available to On CD-Plus System ODES Division - Comprehensive Planning Department Agenda Item No. 17J July 22, 2008 Page 53 of 315 PUDA -07- 92043, First Assembly Mdnii*res residents, employees, members, program participants and patrons of the principal uses), and possibly internal building access and /or other restrictions. Page 20, Exhibits B, C & D, from Stage 3 matedais, re: clarification about the "as they become available" clause, and bow this provision coincides with the "57 market rate [dwelling] units. Reiterating comments provided above, "Collier County is experiencing a critical shortage of affordable ho=ng farpeople empkyod by occupations or prrofessioru tonsidend essendial — including tegcliers,.edrecators, other school &Sider employees, community college and university mvployees, police and fist personnel, health can personnel, skilled buildisrg trades personnel andgovemmene emp/ayeef * Petitioner commits 147 of these 296 snits, as they become available, to being offmd first to these persons in particular need and demand This each time oae oftbese 147bousing units is vacated " [emphasis added] The 147 residential units proposed to persons involved in providing essential services will be "offered" consistent with the provisions of the Subdistrict each time they become "available" to an occupant, open, vacated or vacant — not just the fast time they are constructed and become available. Staff did not acknowledge the petitioner's earlier contention that, "[the] GMP amply provides for this and this is why it is set forth in the Development Commitments the way they are ". More implementing specificity was deemed necessary. Staff recommended that the PUD specify a time period [such as 30 or 60 days] during which units are held and offered to essential services persons, before they are offered to others. It is understood that after the 30 or 60 day ESP - related tune period expires the affordable - workforce units remain affordable - workforce offerings and the number of market rate units does not increase. PUD documents now specify a time period during which units are held and offered to essential services persons, before they are offered to others. A standard has been incorporated into Exhibit F, the IJst of Developer Commitments, stating "the period of time that the dwelling units will be reserved for persons providing essential services will be a minimum of 30 days". The 57 market rate [dwelling] units coincide only with the number of residences already allowed in the present Planned Unit Development, but unbuilt No relationship between the construction of these 57 residential units and the offeringfirst of the 147 essential services persons' units over 15 years is intended or implied. The coincidence is present however between the (no more than) 57 market rate units, and the (no fewer than) 60 affordable- workforce units, to be constructed first The First Assembly Ministries Education and Rehabilitation MPUD fifteen -year commitment to offer and provide 147 housing units to people employed by occupations or professions considered essential helps meet the County's expressed demand for such housing. Sixty of these 147 units are to be affordable - workforce housing units, also helping the County to reach its affordable housing goal for increasing by at least fifteen percent the number of units approved to be built per year. On CD -Plus System CDES Division'- Comprehensive Planning Department agenda Item No. 171 July 22. 2008 Fage 54 of 315 PUDA -07- 12043, Fmf Axsembl y Minirtrier The affordable- workforce housing component provides a unique mix of gap and workforce housing, but will not necessarily meet the definitions and requirements of the Collier County Affordable - Workforce Housing Density Bonus Program. The First Assembly Ministries Education and Rehabilitation MPUD project will be phased, as follows: Phase 1A --- 60 AWH units + 57 market rate units = 117 ESP units Phase 1B - - - 30 market rate ESP units Phase 2 --- Remaining 149 housing units [10 church- related housing units --- no phasing restrictions) This phasing standard has been incorporated into Exhibit F, the List of DeveJgper Commitments. Aside from advancing this PUDA, the petitioner is required to enter into an agreement [in lieu of acceptance into the State C -WHIP Program or the County Affordable- Workforce Housing Density Bonus Program] with Collier County [in accordance with Section (g)(3) of the Collier Boulevard Community Facility Subdistrict] for assuring that no fewer than 147 affordable - workforce and market rate housing units are constructed and, as they become available, will be offered fast to persons involved in providing essential services in Collier County — such agreement being in effect for not less than fifteen (15) years, including a minimum of thirty -five (35) dwelling units for those earning no more than 150% of the median income of Collier County, and a minimum of twenty-five (25) dwelling units for those eammg no more than 80% of the median income. No such agreement proposal is included as a companion to this PUDA. The petitioner has however, elected to file for participation in the State of Florida Community Workforce Housing Innovation Pilot (C -WHIP) Program, where final notification of participation approval is expected to be announced in May, 2008. Twenty-three (23) TTRV campsites are to be eliminated in accordance with Collie= Boulevard Commune Facility Subdistrict Section (e), which states, "[a) requirement shall be put in place at the time of moning/PUD amendment that all but nine remaining mobile home units may serve as temporary adult care units for program participants, and shall be removed from the subject property prior to the constmction of any housing not reserved for church - related employees, staff and program participants. The ten remaining travel trailers shall be removed as they are replaced by permanent residential structures, permanent adult care units, or within twenty-four (24) months from the date of adoption of this Subdistrict, whichever is sooner". This requirement is written into MPUD materials. Based upon the above analysis, Comprehensive Planning staff previously concluded the requested PUDA could not be deemed consistent with the Future Land Use Element. The following issue needed to be addressed by the petitioner and/or added to the PUD before consistency could be determined — and has been addressed in this review stage: On CD -Plus System CDES Division - Comprehensive Planning Department Agenda liem No. 17J July 22, 2008 Page 55 of 315 PUDA -07 -1 2043, Pint Auembl Min ,cries Uses accessory to other permitted religious or institutional uses, shall: be temporary or periodic in nature, and /or not advertise other - than - within materials directly associated with principal uses, such as church bulletins, flyers, and circulars available to residents, employees, members, program participants and patrons of the principal uses; not utilize signage except at entries to their respective buildings or with on- premise directional signs; be limited with respect to their access or use to residents, employees, members, program participants and patrons of the principal uses on site; possibly be limited to internal building access only, and, be size restricted in areas devoted to these •uses. A number of these standards have been incorporated into the PUD in Exhibit A, Chu r Related Uses and Development Intensity and in Exhibit B, Residential Develo_pmen Standards. PUD documents have been modified to incorporate additional Accessory Use control statements, which now read, "Accessory uses are uses that are only accessory to permitted religious or institutional uses, temporary or periodic in nature. Accessory uses shall be of lesser area than the size of the principal uses in which they are located. Accessory uses are principally for on -site residents only, however, an incidental component of the program is to allow past program residents or social service agency referrals to attend programs comprising no more than 10% of program participants. Accessory uses shall principally generate their activity from the principal permitted uses for the subject property, including their traffic's trip generation so as to minimize external impacts to adjacent properties and the external roadway network." and, "Accessory uses shall have no siguage visible from The Lord's Way or CR 951 and signage shall only be permitted at entries to their respective buildings [or] with on- premise directional signs. No advertising shall be permitted for accessory uses other than with materials directly associated with principal uses, such as church bulletins, flyers, and circulars available to residents, employees, members, program participants and patrons of the principal uses" All Comprehensive Planning- related concerns have been satisfactorily addressed, and the requested First Assembly Ministries Education & Rehabilitation Mixed Use PUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ec: R=4111 Coben, AICP, Director, Comprebensive Planning Department David Weeks, �Q Planning Manager, Comprebensive Planning Department Smsan Istenes, AICP, Director, Department of Zoning & Land Development Review Raymond Bellows, Manager, Department of Zoning eh' Land Development Review CD /.FLUE file G.\Cowistency Reviev1612009TUDA- 2007,AR -12043 First Assembly Minlsnries REV 4,doc cs/0412VOS On CD -PIus System CDES Division - Comprehensive Planning Dept tment 10 COLE ? i;.3 ' 0UNTY GOVERNMENT DEP'i )iL`YG & LAND DEVELOPMENT REVIEW WW\ ''kMJ,IERGOV.NET j nvr tij� s I CAT1W L; �'P)iMENT Agenda Item No. 17J July 22, 2008 Page 56 of 315 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETII ION' NO (AR) AFFORDABLE HOUSING - EXPEDITED REV. PROJT,'f -' 1 NAME PUDA- 2007- AR-12043 REV: 3 FIRST ASSEMBLY MINISTRIES PROJ Cf T NUMBER EDUCATION & REHABILITATION MPUD DATE '" ROCESSED Project: 19990088 ASSIG�`d7sl} PLANNER DAN: 3 /7/08 DUE: 3 /28/08 APPLICANT INFORMATION' NAME OF APPLICANT(S) FIRST ASSEMBLY OF GOD NAPLES ADDRESS 3805 THE LORD'S WAY CITY NAPLES STATE FI, ZIP 34114 TELEPHONE # 239 774 -1165 CELL # ---FAX # 239 - 774 -0538 E -MAIL ADDRESS: NAME OF APPLICANT(S) BILL KLOHN, MDG FOUNTAIN LAKES LLC ADDRi;,i1S 2;180 IMMOKALEE RD., STE. 309 CITY_ NAPLES STATE FL ZIP 34110 TELEP F10NE 0 239 -594 -8700 CELL # FAX # 239 -596 -4399 E -MAIL ADDRESS: BI(LOIIN(a-),MDGCORP.COM NAMF' OF AGENT ROBERT L. DUANE, HOLE MONTES INC. ADDRESS 950 ENCORE WAY CITY NAPLES STA'L'E FL ZIP 34110 TELEPHONE # 239- 254 -2000 CELL # FAX # 239- 254 -2099 E -MAIL .ADDRESS: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Agenda Item No. 171 July 22. 2008 Page 57 of 315 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: NAPLES LAKES COUNTRY CLUB HOA INC. MAILING ADDRESS: C/O MR. TED BEISLER 4784 INVERNESS CLUB DR CITY NAPLES STATE FL ZIP 34112 PHONE: (239) 732 -6700 EXT. 12 FAX: (239)732 -6402 EMAIL: TBEISLERONAPLESLAKESFL.COM NAME OF HOMEOWNER ASSOCIATION: NAPLES HERITAGE GOLF & COUNTRY CLUB MAILING ADDRESS STATE FL ZIP 341 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS I. Disclosure of Interest Information: CITY /5W NAMES HERITAGE DR CITY NAPLES (239) 417 -1717 EMAIL: PPANDGP(aaAOL.COM STATE ZIP CITY __ STATE_ ZIP CITY STATE ZIP The PUD consists of 2 parcels, in two ownerships as follows: Parcel #00416560008, closest to Collier Blvd- First Assembly of God of Naples Inc Parcel #00418400700, adjacent to the east - MDG Fountain Lakes LLC 2180 lmmokalee Rd., Ste 309 Naples FL 34110 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 ownersbip interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. C. d Agenda Item No. 17J Jury 22.2008 Page 58 of 315 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership MDG Fountain Lakes, LLC 100% 400418400700 Patrick McCuan LLC 49% William L. Klohn 49% MDG Capital Corporation _ 2% First Assembly of God Naples, Inc. Non Profit #00416560008 J. David Mallory, President Non Profit Rebecca Mallow, Secretary Non Profit Ed Cassette, Treasurer Non Profit If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Agenda Item No, 17J July 22, 2008 Page 59 of 315 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 Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired M 5/14/96 by First Assembly of God #00416560008 Date subject property acquired M 9/22/05 by MDG Fountain Lakes LLC #00418400700 If, Petitioner has option to bay, indicate the following: Date of option: Date option terminates: Anticipated closing date or 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. Agenda Item No. 17J July 22 2008 Page 60 of 315 PROPERTY' I OCATIOIV 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 I" 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 S]4 /T50/R26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 418400700, 416560008 Metes & Bounds Description: [See Attached Legal Description, Exhibits D1 Size of property: First Assembly of God of Naples, Inc. irree. ft. X _ ft. = Total Sq. Ft. 1,965,862 Acres 45_13 MDG Fountain Lakes, LLC jELg ft. X _,ft. = Total Sq. Ft. 1,030,194 Acres 23_65 Address /general location of subject property: [Please see attached deeds & legals showing address/general location of each foliol PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ❑ Mixed Use (MPUD) ADJACENT ZONING AND LAND USE Zoning Land use N_A Agricultural S A A ricultural E A & PUD Vacant & Swamp Bu Grounds W PUD Golf Course /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 /Townsbip /Range S14 /T50 /1U6E Lot: Block: Subdivision: _ flat Book__ Page #: Property Metes & Bounds Description: [Please see the attached legal descriptions byBanks Engineerine.l Agenda Item No. 17J July 22, 2008 Page 61 of 315 This atpplicadou is requesting a rezone from the PUD zoning district(s) to the MPUD zoning distriet(s). Pre, cat Use of the Property: Partially developed with community facilities and church (including tower) P, (Tw,ed Uw (or range of uses) of the property: Community facthttes, 249 care units 300 day care 300 scc;o_dstry education students and sundry accessory uses and 306 D U 's of which 10 are church related OriOnaf 1MD Name. same Ordinance No.:-99-59 PUr:aran; io Section 10.02.13 of the Collier Comity Land Development Code, staff's analysis and recommendation to ;he Ph•.r:uning Commission, and the Planning Commission's recommendation to the Board of Cuuty C(;Wwk:sinners shall be based upon consideration of the applicable criteria noted below. Provide a narroative staterrcrl describing the rezone request with specific reference to the criteria noted below. Include any backup m,-, i'vials and documentation in support of the request. it Rezone Considerations (LDC Section 10.02.I3.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. 1'he site is well suited for the proposed use, which will serve important community and affordable housing needs and represents an integrated mixed use plan for the property. Utilities are available and construction will be pha.cc'd to minimize traffic impacts. The surrounding vacant lands and land use pattern are conducive to MI-porting the proposed MPUD. The physical characteristics are also conducive to .supporting the proposed request. 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 n ovisions to be made for the continuing operation and maintenance of such areas and facilities that are riot to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. he subject property is under unified control for the purpose of obtaining this MPUD Zortirag. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The PUD is supportive of the GMP Housing Element Goal 1: To create an adequate supply of decent, safe, sanilcay and CWHIP affordable- workforce and gap housing for all residents of Collier County. It is consistent it the FLUE and will be timed to coordinate with County Public Facility Planning. The subject property is situated in the Collier Boulevard Community Service Subdistrict as contained in the Future Land Use Map (FLUE). (772is Subdistrict is proposed at the time of the rezoning of this property, as noted in the cover letter) The following stipulations incorporated into the GMP are sel forth as follows: All development in this Subdistrict shall comply with the following requirements and limitations: a. Rezoning is encouraged to be in the forth of a PUD. The rezoning is in the form of a PUD, i.e., A1PUD. Auenda Item No. 17J July 22.. 2008 Page 62 of 315 6. Allowable land uses: 1) Community facilities such as churches, group housing uses, cemeteries, private schools and colleges. 2) Child care facilities. 3) Residential dwelling units, not to exceed 306 units. 4) Essential services. 5) Parks open space, and recreational uses. The allowed uses are set forth in Permitted Uses Exhibit A and A -1. c. The anaximunn floor area for institutional and other non - residential uses shall not exceed 368,000 square feet. The maximum floor area is set forth in Development Standards, Exhibit A, under Development Intensity_ d. Of the 306 dwelling units total, a maxinnunn of ten (10) units shall be reserved for occupancy solely by church employees and church- related personnel and their fanilies. The 10 church- related dwelling units will be considered incidental and accessoy to the institutional uses within this Subdistrict. This provision is set forth in the GMP List of Developer Commitments, Exhibit F e. The nine mobile home units currently ors site shall be removed from the subject property prior to the construction of any housing not reserved for church - related employees, staff and program participants. The nine remaining mobile home units stay serve as temporary adult care units for program participants, and shall be removed as they are replaced by pernanent residential structures, permanent adult care units, or within twenty four (24) nto the from the date of adoption of this Subdistrict, whichever is sooner. ThisPMvision is set forth in Exhibit B, Table VII, Development Standards for Mobile Homes. f. One hundred forty -seven of the 296 affordable - workforce and market rate housing units, as they become available, will be offered first to persons involved in providing essential services i» Collier County or for CTVHIP affordable housing mots. If these options are not available, 65 GAP and workforce units will be provided, as defined in the County's Local Housing Assistance Plan. This provision is set forth in the GMP List of Developer Commitments, Exhibit F. g. To achieve the density of approximately 4.28 dwelling units per acre, and to alloy development of the 191 non - church- related, non -base density dwelling units, the project shall comply with one or more of the following: 1) the Afford(tble- Workforce Housing Density Bonus provisions of the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict; or, 2) be designated as a Community Workforce Housing Innovation Program (CWHIP) Project by the State of Florida and comply with all requirements and limitations of that designation, and provide a minimnnn of eighty (80) essential services personnel dwelling units — comprised of a nhinirnum of ten (10) rowelling units for those earning less than 80% of the median income of Collier County, and a uninintum of seventy (70) dwelling units for those earning between 80% and 140% of the median income of Collier Count),; or, 3) enter into an agreement with Collier County assuring that no fewer than 150 affordable- nvorkfor•ce and market rate housing units are constructed and, as they become available, will be offered first to persons involved in providing essential services in Collier County, such agreement being in effect for not less than fifteen (15) years, including a minimum of thirty -five (35) dwelling units for those earning no snore than 150% of the median income of Collier County, and a rninintu n of twenty -five (25) dwelling units for those earning no more than 80% of the median income. The above requirements are contained in the GMP List of Developer Commitments, Exhibit F. Agenda Item No. 17J July 22, 2008 Page 63 of 315 h. No more than 57 market rate dwelling units shall be constructed prior to the construction ofall affordable- workforce housing dwelling units. This provision is set forth in the GMP List of Developer Commitments, Exhibit F. i. At the time of rezoning1PUD antendmeu, the mazrintunt occupancy per dwelling unit in the 296 non - church- related dwelling units shall be addressed, as deemed appropriate by the Board of County Commissioners. This provision is set forth in the GMP List of Developer Commitments, Exhibit F. j. At the tune of rezoninglTUD amendment, consideration shall be given to increasing the landscaping requirements along The Lord's Way beyond existing code requirements. This provision is set forth in the GMP List of Developer Commitments, Exhibit F- under Landscaping. Ii. At the time of rezoning/PUD anuendntent, the petitioner shall be required to mitigate for the project's impacts upon affected roadways as determined appropriate by the Board of County Commissioners. 1. Under the Transportation commitatents in Exhibit F, phasing is proposed for the first 147 affordable housing units. The additional 149 units cannot receive a Certificate of Occupancy until improvements are made to the deficient segment of Danis Blvd. Furthermore, a reservation up to 50 feet of right -of -way is provided for the future widening of The Lord's Wary. This provision is set forth in the GMP List of Developer Commitments, in Exhibit F. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed facilities will be designed to be internally and externally compatible through location, design and use of effective buffering and screening as necessary to achieve a harmonious plan. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing and proposed open space to be provided will be ample to serve the proposed development and exceeds the open space of 30% required for an MPUD. More than 50% open space is provided in this MPUD. The conservation area will include a pathway to enhance the utility of the open space area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The tinting of development will be coordinated with the availability of required public and private facilities. Furthermore, a phasing component is incorporated into this application to limit the first residential phase to CWHIP 147 units with the balance of the 149 residential units to be deferred until the substantial completion of Davis Blvd. The ability of the subject property and of surrounding areas to accommodate expansion. The plans for the subject properly and vacant surrounding lands are anticipated for future development by the FL UE. 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 proposes to a degree at least equivalent to literal application of such regulations. Aasnda (tern No. 17J July 22. 2008 Page 64 of 315 The plans for the subject property are generally in conformance with PUD regulations. However, a number of deviations are set forth in Exhibit D List of Required Deviations pertaining to access, landscaping, sidewalks and group housing that support project goals without further compromising 1he public health, safety, or welfare. The MPUD is supportive of the GMT Housing Element Goal 1: To create an adequate supply of decent, safe, sanitary and affordable housing for all residents of Collier County. It is consistent with the FLUE and will be timed to coordinate with County Public Facility Planting. (XIII) OBJECTIVE 7 In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: Community Character Plan for Collier County, Florida, promote smart growth policies, adhere to the existing development character of Collier County, the following policies shall 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 intersection spacing requirements of the Land Development Code. The subject property and the adjacent property to the south are accessed by the Lord's Way by a 60 foot private access easement (shared 30'/30' between this property and the vacant tract to the south). As transportation commitment in this application, up to 50 feet will be reserved as ROW for Collier County to provide public access at such time as Collier County determines a public right -of -way would be advantageous to connect to a future north /south collector roadway to the east of the subject property that is undergoing study by Collier County. The existing and proposed access to Lord's Way will provide access io C.R. 951 and potential future access to properties located to the east and thereby meets the intent and purpose of policy 7.1. notwithstanding this deviation was incorporated into Exhibit E to address this provision further in the context of the LCD. Policy 7.2 Not Applicable Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and tbeir interconnection points with adjoining neighborhoods or other developments regardless of land use type. Access from the Lord's Way will provide access to nearby properties. Due to the nature of the Assembly of God's Community Facilities including their treatment center for security purposes they do not desire to share access with adjacent properties. The residential component of this project will readily access future adjacent developments proposed by the extension of The Lord's Way. 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. Access will be provided from C.R. 951 to the Conservation Area (Tract E) to Tract G the residential component of the property along the eastern edge of PUD to make the community walkable. Other interior walkways are also planned within the residential component along with an interconnect of the sidewalk in Tract G to C. This provision is incorporated into the transportation commitments of this application. Policy 7.5 Agenda Item No, 17J July 22, 2008 Page 65 of 315 The County shall encourage mixed -use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. This policy shall be implemented through provisions in specific subdistricts. The proposed Assembly of God is a mixed use development, but buildings are not proposed to have a mixed commercial and residential development other than accessory uses in the treatment center and to support other church related uses. Policy 7.6 The County shall explore the creation of an urban "greenway" network along existing major canal banks and powerline easements. The proposed development is not part of a "greenway network at the present time Policy 7.7 The Community Development and Environmental Services Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. This policy is the responsibility of the County and does not appear applicable to the proposed development. (VII) OBJECTIVE 5: Ht order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. The following discussion sets forth the policies under objective 5 with an explanation as to how consistency is achieved with the GMP. (XII) Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling traits, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. However, for these properties approved for commercial and residential uses, an increase in the number of dwelling "nits may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. This policy is not applicable because the subject property was subsequent to the rezoning evaluation program. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. The subject property can be found consistent with all applicable provisions of the Collier Boulevard Community Service Subdistrict. The subject property is contained in the Collier Boulevard Community Service Subdistrict comprising 69 Agenda '.tsm No. 17J July 22 2008 Page 66 of 3? 5 acres. The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non- commercial uses generally servicing the public at large and residential uses both affordable, workforce and market rate housing uses. The Subdistrict allows for a maximum of 368,D00 S.F. of institutional uses. In addition 306 dwelling units are allowed, a maximum of which of ten units shall be reserved for occupancy solely by church employees and church related uses and their families. Allowable land uses within the Subdistrict are community facilities such as churches, group housing, cemeteries, private schools and colleges, child care centers, essential services, parks open spaces and recreational uses, in addition to the aforementioned residential uses. Residential uses are governed by the following provisions of the Subdistrict: (III)(IX) Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future land Use Map; requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. The proposed rezoning will not result in unacceptable levels of urban sprawl and will provide for cost efficient delivery of public facilities and services along the C.R. 951 conidor. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the land Development Code (Ordinance 91 -102, adopted October 30, 1991, as amended. (XII) = Plan Amendment by Ordinance No. 2003 -67 on December 16, 2003 17 The proposed rezoning application with its accompanying development standards can be found to be compatible with the surrounding land. (VII)(IX) Policy 5.5: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (Orangetree PUD), and the Rural Fringe Mixed Use District before servicing new areas. The subject property has been designated as the Collier Boulevard Community Service Subdistrict that currently has existing institutional uses on the subject property as well as those proposed including a proposed affordable housing component for affordable work -force housing to include CWI11P affordable housing. The proposed rezoning is consistent with this GMP subdistrict to further solidify urban uses on the proposed property in an appropriate location. (VII)(IX) Policy 5.6: Not Applicable Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier Comity. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Agenda Item No. 17.1 July 22. 2008 Page 67 of 315 The _:n,uo:,::; rezoning will be an identifiable mixed community at build out; providing, amongst other uses, affordable ho:; a _, o meel the needs of an expanding population in western Collier County. Policv 58. Group (lousing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted within the Urban Designated Area subject to the delmit;(WS and regulations as outlined in the Collier County land Development Code (Ordinance 91 -102, adopted October 30,1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Fancily Carr. Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in rceider.tiat areas. Gru p housing is a permitted use today in the Assembly of God Ministries PUD and these uses, amongst others, will be Call ic torsi: in this MPUD rezoning. Consistency, therefore, can be established with this policy. Pohe,i(A 5.9 through 5.14 Not Applicable ':3r.rd_irstrictions: The County is legally precluded from enforcing deed restrictions, however, many communities 'opted such restrictions. You may wish to contact the civic or property owners association in the area for which .err is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous laud use petitions on the snbiect property: To your laiowledge, has a public hearing been held on this nrrux:rty within the last year? ® Yes ❑ No if ,,:.i .vlmt was the nature of that hearing? GMP Amendment for the Collier Blvd Community Services Subdistrict w: ,:_ adopted by the BCC in December of 2007 pendm2 a peal eriod. rlui ..,pplication will be considered "open" when the determination of "sufficiency" has been made and the ;;pl,lication is assigned a petition processing number. The application will be considered "closed" when the pc:ririonar withdraws the application through written notice or ceases to supply necessary information to continue pr __,_ino_gr otherwise actively pursue the rezoning for a period of six (6) months. An application deemed c!, -'tzd" ?!ill not receive further processing and an application "closed" through inactivity shall be deemed A- ilhdrawn. 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 - .ibject to the then current code. (LDC Section 10.03.05.Q.) Auenca Item No. 17J July 22, 2008 Page 68 of 315 AFFIDAVIT We, Pastor David Mallory, representing First Assembly Ministries; and William Klohn representing MDG Fountain Lakes LLC, being first duly sworn, depose and say that we 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 understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owners We further authorize Robert L Duane, AICP, of Hole Montes. Inc. to act as our representative in any matters regarding this Petition. David Mallory, for First Assembly Ministries Typed or Printed Name of Owner ' L' Signatu of Property Owner William Klohn, for MDG Fountain Lakes LLC Typed or Printed Name of Owner The foregoing instrument was acknowledged before _ me - this- - �7-- -..day of 200 7 by LZ/j j L K�SI n ol— whoypersona JlJ known to e,or has prod as identification.` DENISE LARSON :OY` e My COMMISSION 6 DD 509496 +.i EXPIRES: May 3, 2010 State of Florida 4,Rg,h.•� OwMea rnN Nd Iy PW,Urde M... County of Collier Application For Public Clearing For PUD Rezone 6,14/04 DeniseLarson (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 12 PUDA- 2007 -AR -12043 REV:2 FIRST ASSEMBLY MINISTRIES EDU & REHAB PUD Project: 19990088 Date: 11/9108 DUE: 2/1/08 Agenda Item No. 17J July 22. 2008 Page 69 of 315 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 8882 Collier Blvd,, Naples FL 34114 and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for the First Assembly Ministries Education and Rehabilitation Campus a Mixed Use planned unit development (MPUD) zoning. We hereby designate ROBERT L. DIIANE 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 confomity 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 terns, 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 terns and conditions of the planned unit development approval will be incorporated into covenants and restrictions which tun with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use a ug n part of the planned unit development and the County may stop ongoing construction activity until the project is ht unto compliance u7th all terns, conditions: and' safeguards of tine planned unit development. Owner P`11 Wed Name Punted Namc STATE OF FLORIDA) COUNTY OF COLLIER) � Y Sworn to (or affirmed) and subscribed before me this day of c? / , 2006 /-"4 6'� G who plersonally known to me or has produced as identification. 44N. w ,; DENISE LARSON -44N.- .; ,- MY COMMISSION# DDBM96 :' > << EXPIRES: May 3, 2010 60A'W Ihi Naa7 PuNk UMenvMen Application For Public }fearing For PUD Rezone 0/14/04 13 1 .O� 1 Notary public � „�� �. (Name typed, ppZi! dagr ta�N)�$� (Serial Number, ifany) PUDA - 2007 -AR -12043 REV:2 FIRST ASSEMBLY MINISTRIES EDU & REHAB PUD Project: 19990088 Date: 119108 DUE: 211108 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List No Events No Name History Detail by Entity Name Florida Limited Liabilitv Companv MDG FOUNTAIN LAKES, LLC Filing Information Document Number L05000089567 FEI Number 203433692 Date Filed 09/09/2005 State FL Status ACTIVE Effective Date NONE Principal Address 2180 IMMOKALEE RD. #309 NAPLES FL 34110 Mailing Address 2180 IMMOKALEE RD, #309 NAPLES FL 34110 Reaistered Aaent Name & Address KLOHN, WILLIAM L 2180 IMMOKALEE RD #309 NAPLES FL 34110 US Manager /Member Detail Name & Address Title MGRM MDG CAPITAL CORPORATION 2180 IMMOKALEE RD. 309 NAPLES FL 34110 Annual Reports Report Year Filed Date 2006 04/04/2006 2007 02/14/2007 Agenda Item IEaggq of 2 Document Searches Forms Help Return To List [ Entity Name Search AFFORDABLE HOUSING EXPEDITED REVIEW PUDA- 2007 -AR -12043 REV: 1 Project: 19990088 Date: 7/20/07 DUE: 8/10/07 littp:Hwww.sunbiz.org/ scripts /cordet.exe? action— DFTFIL& inq _doc_number= L05000089567 &inq_ came... 7/18/2007 www.sunbiz.org - Department of State Document Images (02/1412007 —ANNUAL REPORT J4/04/2006 -- ANNUAL REPORT 09/09/2005 -- Florida Limited Liability Note: This is not official record. See documents If question or conflict. Home Contact us Document Searches E Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Agenda Item Nd)*eJ2 of 2 July 22, 2008 Page 71 of 315 http: / /www. stinbiz. org /scripts /cordet. exe? action— DETFIL &inq_doc_ number= L05000089567 &inq_carne... 7/18/2007 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Non Profit Corporation FIRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INC. Filina Information Document Number 706472 FEI Number 591759946 Date Filed 11/26/1963 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 06/03/2002 Event Effective Date NONE Principal Address 3805 THE LORD'S WAY NAPLES FL 34114 Changed 07/06/2001 Mailing Address 3805 THE LORD'S WAY NAPLES FL 34114 Changed 07/06/2001 Reaistered Aaent Name & Address FIRST ASSEMBLY OF GOD OF NAPLES 3805 THE LORD'S WAY NAPLES FL 34114 US Name Changed: 04/27/2005 Address Changed: 04/27/2005 Officer /Director Detail Name & Address Title PD MALLORY, J. DAVID 3805 THE LORD'S WAY NAPLES FL 34114 Agenda Item N(F.agP-J l of 2 Forms Help i Entity Name Search litip: / /www.suiiibiz.org /scripts /cordet. exe ?action= DDTFIL &incLdoc_num bei = 706472 &inq_came_from =... 7/18/2007 www.sunbiz.org - Department of Stale Title VD MALLORY, REBECCA 805 THE LORD'S WAY . JAPLES FL 34114 Title B CASSETTY, EDWARD 11275 TRINITY PLACE NAPLES FL 34114 Annual Reports Report Year Filed Date 2005 04/27/2005 2006 04/27/2006 2007 04/27/2007 Document Images 04/27/2007 -- ANNUAL REPORT 04/27/2006 -- ANNUAL REPORT 04/27/2005 -- ANNUAL REPORT 08/27/2004 -- Reg. Agent Change 04/3012004 -- ANNUAL REPORT 04/18/2003 -- ANNUAL REPORT A103/2002 -- Name Change 07_/06/2.001 -- ANNUAL REPORT 05/09/2..000 - ANNUAL REPORT 02/16/1999 -- ANNUAL REPORT 02/17!1998 - ANNUAL REPORT 03/31/1997_- ANNUAL REPORT 04/26/1996 -- ANNUAL REPORT 03/02/1995 -- ANNUAL REPORT Note: This is not official record. See documents if question or conflict. Home Contact us Document Searches E- Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Agenda Item N(Page12 of 2 July 22, 2008 Page 73 of 315 ittp: / /www.sunbiz -oi-g /scripts /cordet.exe? action= DETFIL &inq_doc_ number= 706472 &inq_came from =... 7/18/2007 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Events Name History Detail by Entity Name Florida Limited Liabilitv Comnanv TOLL- RATTLESNAKE, LLC Filinq Information Document Number L05000021004 Document Searches Forms Agenda Item NcPa &9 I of 2 Help Return To List Entity Name Search FEI Number 204037661 Date Filed 03/02/2005 State FL Status ACTIVE Effective Date NONE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 09/21/2005 Event Effective Date NONE Principal Address 28341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 US Changed 01/13/2006 Mailing Address 26341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 US Changed 01/13/2006 Reqistered Acient Name & Address REINERT, RALPH 28341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 Name Changed: 09/21/2005 Address Changed: 09/21/2005 Manager /Member Detail Name & Address Title MGR SEMBLER FAMILY PARTNERSHIP #42, LTD. 5858 CENTRAL AVENUE ST. PETERSBURG FL 33707 US ittp: / /N \nvw. sunb i z. org /scrip Ls /cordet. exe ?action= DE'rFIL &iucLdoc_ number= L05 0000 21 004 &incLcante... 6/25/2007 www.sunbiz.org - Department of State Title MGR TOLL FL VII LIMITED PARTNERSHIP 250 GILBRALTER ROAD - ORSHAM PA 19044 US Annual Reports Report Year Filed Date 2006 01/13/2006 Document Images_ 0111312006 --ANNUAL REPORT 09/2112006__ Amended-and R estato rlicles 09/13/2005 -- Name Change 03/02/2005 -- Florida Limited Liabilitea Note: This is not official record. See documents if question or conflict. Home Contact us Document Searches E Filing Services Forms Help Copyright and Privacy Policies Copyright 0 2007 State of Florida, Department of State, Agenda Item NcP2gd 2 of 2 July 22, 2008 Page 75 of 315 ittp: / /Avww.stinbiz.org/ scripts /cordet. exe ?action= DETFIL &-inq_doc_ number= L05000021004 &inq_came... 6/25/2007 JON 22. 2008 LORMA YPARTiVIFNT OF STATE �DIVISION �d' CORPORATIONS E�Prfl,.� "Wices s• � iFej r } "`e^- �r�rTF ocument Searches Forms Help Previous on List Next on List Return To List Detail by Entity Name Florida Limited Liability Company TOLL-RATTLESNAKE, LLC Filinq Information Document Number L05000021004 FEI Number 204037661 Date Filed 03/02/2005 State FL Status ACTIVE Effective Date NONE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 09/21/2005 Event Effective Date NONE Principal Address 28341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 US Changed 01 /13/2006 Mailing Address 28341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 US Changed 01/131200B Registered Agent Name & Address REINERT, RALPH 28341 TAMIAMI TRAIL, SUITE 4 BONITA SPRINGS FL 34134 Name Changed: 09/21/2005 Address Changed: 09/21/2005 Manager /Member Detail Name & Address Title MGR SEMBLER FAMILY PARTNERSHIP #42, LTD. 5858 CENTRAL AVENUE ST. PETERSBURG FL 33707 US ittp: / /www. sunbiz.org/ scripts /cordet.exe ?action =DETi," IT.& incL doc_ numbei= L05000021004 &inq_came... 6/25/2007 www.sunbiz.org - Department of State Title MGR TOLL FL VII LIMITED PARTNERSHIP 250 GILBRALTER ROAD .- iORSHAM PA 19044 US Annual Reports Report Year Filed Date 2006 01113/2006 Document Images 01/13/200.6 -- ANNUAL REPORT 09/1/25= Amendd and Restated Articles 09/13/2005 -- Name Changg 03/0212005 -- Florida Limited I labilite Note: This is not official record. See documents if question or conflict .., Home Contact us Document Searches E Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State Agenda Item Nj)..aJ2 of 2 July 22, 2008 Page 77 of 315 / /www.sunbiz. org/ scripts /cordet.cxe? action= DETPIL &incLdoc_ number= L050000210O4 &incLcanic... 6/25/2007 06/19/2007 18:27 TEL 92542099 II 11 LANO DEVELOPMENT VA/0 I 7J V July 22, 20D8 age 78 of 31 CQLLIER COUNTY GOVERNMENT r�,'�`,. '7.600 NORTIi HORSESHOE DRIVE ADDRESSING DEPARTMENT ri''j;i4'`' NAPLES. FLORIDA 34104 ADDRESSING CHECKLIST Plt:ase MmPlotc the loflowing and fax to the A(IO& Bing Department at 230 -659- -5724 or :submit in person to 010 Addressing Dopzubnunt Nv the above ncfdresc. Form nwet bu sipriod by Addreaaintl o rsnnnel prior to pre- .3;)P000 &7n mcoiigg• Not all ;trans will apply to every propot. IICmr in bold type :arc roquirod, Forms older Than 6 rnonlhs will requiro addiiionnl review and approval by the Addressing DPpmrinmat. PETITION TYPE (checkpr:filion type hnfow, c0r)lp10tcc a tcpnrafc AUdrussurg Chrv:Idief for each Petition Typm) ❑ BL (Blisling PerlTlit) , n D( (Site Plan) I I UD moat Dnok cxlonslon ❑ (::7mIV811C:I,-CU1; Porrnil ) P Aincpmcnt nq SDPA (SDP Ameil CU ((:ondilional lJso} .) Ch © SIP ((Ittsubs(nnt al Change to SDI'') Q I SIP (Site Improvernenl falcon) L EXP (Excavation Poo»it) (� FP (Finial PI`d U 31p1 Or'sUbslantial Cltant r Io ;;II•' ) u LLA (Let Liar: A(f)ustmant) (��I SNR (SUeel Narn¢a Chang¢) g I� PNC (Projecl Norm Change) I_•] SNC (Slmo( Name Chnnrye •- I.htplaMed) TOR (Transfer of Devolopmynt Ri)h[s) (_] PPL (Plaits & Plat Revicnv) U VA (Vmritanoo) PSP (Prelirninvey Subdivision Plat] (_J VRP (Vegetatiort Removal Permit) PUD Reznnrt I_I R (Standard Rezone) I VRSFP (Vogotatlon Removal & site! Fill f.nrmltl 01'I -1rR LEGAL DESCRIPTION of subject property or properli�s (copy of longthy doace'lptlon m;iy ha: aftnahet7) S14 T50 R26 -- 'Po- -z C-AJ s Z 1 g FOLIO (Property ID) NUM$ER(s) of abyyyyr: (nfhmh lo, or 2SSUCiralei with, le-ryol (cscriplioa it rnom: Ihrrrl one) 418400700. 416560008, 41692004, 416840000 8TF2LErTADDRFS %nr ADDRESSES !u.e upplirable, i! Alrr';9cly FLSSIQnr�dl 700 -No site address/ 008-8882 U0111er DIvdJ004 -No site addrr- ss/003 -3726 Victory Cir LOCATION MAP rnu6t he ;,tLicfted ;howoq exact location of project /silo in 0-d alion to nc-oroN Public road ri4hl- nGw6ty 81 lr`tV�y (COPY - nendod only for unplu[fed prol.Liarlic3) - PROP09FD PI:QJECT NAME (doppli(,ab /N) PROP()gpD STREE; I' NAMES (It applimly1o) SITE DCVEL0I'MF,- T PLAN NUMBER (foreximiml pnrject: ✓sites only) u1JP or AR U A h F't e "(— Page 1 of 2 AFFORDABLE IiOUSING EXPEDITED REVIEW PUDA- 2007 -AR -12043 I'iEV: 1 Project: 19990088 Date: 7/20/07 DUE: 8/10/07 ou/ia /zoo( 1U.Z "o TEL 92542099 H M LAND DEVELOPMENT AgenA Pterri No. 17J July 22. 2008 Page 79 of 315 ADDRESSING QHECKI,r$T PA(9[ `;'WO Project or dr•vetupmeni namos proposed for, or a[rcndy appo:arinsl in, condominiun'r documents (if application; indicate whether proposed or ©xislillp) (Existing) First Assembly of God PUD and _(Propased) First Assembly of God MPUD AF2910998 "loasc Chocli Onc: (] 0,1106 01,0 is to be Faxed W'wk (`( F'cr;onally Picked Up APPLICANT NAME; Robcrl L. Duane, AA.C.i''. PHONE! (39 ) ?.54 -2049 239�� _— ..... )254 -2099 Signature on Addrmssinc3 Chocklisl does not constitute Project Intl /or Str(:et Narne approval and is subject to further roviuw by the Addressing Departmerrt. FOR STAFF USE ONLY Primary Number ,.So (z. Address Number_3_ _ 1 (a7,17j Address Number (o 3 Address Number 3`flivysOZ- Ap13roved by,_ Date: �O �.... d� Updated by; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED P3go 2 of 9 Sr,0.:w mn(NppOenilr,n Cnrm;MUUnvn:ing gha,rlUia rc U2U2bLtlw 'mss ti J H .. �Uarranty &ed t�� 205 uronn n/1s111 THIS INDENTURE, made this).] thday of May, 1416, bo v,cea "to: (1M T11 The Fort Mysrs District of the tw" Methodist Church, toes. tin 11 of 1605 Royal Palm Drive, Ft. Myers, Florida 33901, as GRANTOR'. To First Assembly or trod of Naples, Florida, lac. as GRANTEE-, whom post office address. is: 2132 Shadowlawo Drive, Naples, Florida 33942 Agenda Item No. 17J July 22, 2008 195 OR: 2183 pG: 1616 flii 80 of 315 /enctu octal of MUU cm, n ti If1GR 1. un, OIM 0M 111111.13 Be in 1.N Wc•.11 1111.11 It un11R WITNF_SSETfi, that the Gramm, for and in consideration of the sum of TEN DOLLARS 010.00), sad other good and valuable considerations to said Grantor in hand paid by said Granter, the receipt whereof is hereby acknowledged, hu granted, bargained and wid to the said Grantce, and Gfamce's bees and assigns forever, the following dc=lbcd land, situate, lying and Mang N the County of Culiicq State of Florida, to wit: The South 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest I14 of Section 14, Township So South, Range 26 East, Ito the West 130 feet thereof and the South 30 feet thereof, said land situated and lying in Colter County, Florida. Properly Appraiser's Parcel Idantiftculion No. IIfIr I6RIKYkt SUBJECT TO that certain Mortgage by and betwrco The Fort Myers District of the United Methodist Church, Inc a Florida Corporation, as mortgagor and W. L. Pompwini and Joseph D)Fnnmaco and Rib D1Francc,eo, Hmband and Wife, u mnrtgagec; u recorded N O.R. Rook ISJ5 3rahtp„F,t1 Records of Collier County, Food.. SUBJECT TO taus for the year 19% arming ordinanms of Collier County, It And said Grantor Joe, hereby fully Wa persons whomsoever. Signed, sealed and dcii,,,,l in the preunec of: ..- �'u.r.1. r.t ... -i As In all grantors STATE OF FLORIDA COUNTY OF LIEF and cascmems of rcwrd, and the tames against the lawful claims of an day and year Bust above written. The foregoing irutrumcnl was acknowledged bcfurc me ]hit, ! 'day of May, 1996, by Reverend Margaret lohnwq President of The Fort Myers Dulricl of the United Mel hoJist C'h", 1nc, a Florida Corpobtioq on hchealf of the corporation. Such perwn(s) (Notary Public muss chuck applicable lx,q (� u /arc PcIwrally known o, me. I ( pruduccd a /Ihclr current Jrivcr's hccnm(s). I I Pn.d.uud identJcatiun. ( NOTARY PUBLIC SPAT. ) r i.uac .gnat.' --' This inslromenI prcp:veJ by: Pnnir w 3 — FIRST TITLE & ABSTRACT, INC. pry 'u> tc 1040 GoodhBc Road North Cunmr' pp++bcroy c„�„ 11p1. Naples•P1 33940 Myt irexpEdr.a wv. w,rasa Telephone: (941) 7624455 a1. aco msaaaa IN CONNECTION WITH THE ISSUANCE OF TITLE INSURANCE AFFORDABLE HOUSING EXPEDITED REVIEW PUDA- 2007 -AR -12043 REV: I Project: 19990088 Date: 7/20/07 DUE: 8/10/07 4a, r 0 x Iz- Q O� 7� O D -blrah Atprtpered by; PAPICs A. stawart, Esq. 0 p'AND 5TEW" Naplaep FL 36102 SOutA Pertel 10 N°ube,; Gum, al TIN: L D>NI, MI 7W: Warranty Deed This Indenture, Made O,;s FIRST ASSEIOBLY OF GOD OF NAayo E825TING pNDER THE LAWS OF THE or 0e ce,n,y of COLLIER MDG FOUNTAIN Agenda Item No. 17J July 22, 2008 371 Page 81 of 315 S, 4551 OR: 3908 PG: 3963 ucolDm 10 011ICUL RIC0101 of Catstll coam rt 101111200s at 0r;07A1 Di ey 1. UftI C6111 COS 9795000.0f 11C m 27.00 Aeth; "C-•70 15705.00 7IR8f TITLI 0 AIOTtlR 1ICI N Soptumh' FLORIDA INC a IT 2005 A.D.. Between STATE FLOR OF IDA NON-PROFCORPORATION LAAES' LLC, a Florida li Su, of Florida whoa ,ddrCss ;,, 2100 mited liability co mpany , grantor, a„d Immokalee Rd. Of drc Coumy or Collier Ste, 309, Naples, Fl. , 39110 Witnesseih dw the GRANTOR, r add;n su, or Florida and emo- Good ad, ------- -TEN oflhcswv or ,grantee. SEE ATu ain dKC°�yof Co F.R aud GRAN M d c,>�c �e u.;pa «��.o- mr u ho-ccr uw,w DOLLARS. -dudlaOd U, B,iicd end wid _ r sand brie Y CRAN19e, e4 hu AED F-EBIBIT "A,, suss of Florida UOW1na d °mbea End. ,nuO, Subject to current teY zoning ordinances Of record, and �a me ennmr coo- nc,chy fully w,nam nor do, I,,,d, and w;u acr,a Is Witness Whereof, me enmw he hc,m„lu :, ;a 0 ne �` Iewluf Cl,im, S'R d, Sealed aad de il"C I Io our ,nd eod ,d drc day rcu Grsl oI w pe.a„ wl1On'u>c.n. FIRS ENBLY�O GO FLO OF �D OF NAPLES, Printed tea: �� /C // witness �L D f✓11C P' a .lsos i/ RY, PRESIDENT (SC.1) Printed l �oX""'- ORD,SWAY, NAPLFS. FL.usta Name Ni mes: Ni4�ir, a rr)o Xy STATE OF Florida COUNTY OF CULL uER °E inrowmR tCORa°ntt Sent) DAVID ,7. chmwlcdgcd bc,W me du ITALLOAY, PRESIDENT o£ day of e FLOAlUA "�C•' a Florida Non- FIRST ASSEMBLY OF GOD OFIr yES .2005 by C. he up „went' lvowolamc or he hu t"°d° h4 P Profidt1,,rp' tin behalf o tho corporation lorida on behalf of ail Marie S. ^' ratiw. �q Moxam �7 e .'_ Comisxssion ♦ DD46a205 - 1= -_ ��_ "05 Mss 18, 2007 Printed Hame: aAlyDRi ^r ••• -oW�_r xe,u>o,. Note ry .�"`— '-.••. �..,.. _._. .. Mr Commission July 22.. 2008 3714562 OR; 3908 PG; 4012 Page s2 °' s "NO "AO in OFFICIAL "coos at Count CORRTf, Ft 10111(110S it 01:R1" 0111GIT 1, "NCI, CLASS This instrument prepared by. "C "A 35.50 Mark J. Woodward, Esquire lital 000-.10 ,f0 Woodward & Pires & Lombardo, P.A. FIRST TITII i ABSTRACT 3200 Tamiamd Trail North, Suit, 200 FICI Rt Naples, Florida 34103 NONEXCLUSIVE INGRESS, J� EGRESS AND UTILITY EASEMENTS Know all men by these presents that First Assembly of God of Naples, Florida, Inc., a Florida not -for- profit corporation, the owner of the property described in Exhibit "A ", attached hereto and made a part hereof, hereinafter referred to as the "Grantor ", in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to MDG Fountain Lakes, LLC, a Florida limited liability company,and their respective successors and assigns, collectively the "Grantee", a perpetual, non- exclusive easement, license, right and privilege; a) to enter upon end to install, relocated, repair and/or otherwise maintain utilitysystem(s) and utility facilities, and/orportions thereof, (the "Utility Easement Areas") over, upon, and across portions of property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, and which are more particularly described in Exhibit "A" attached hereto and made a part hereof, (b) rights of pedestrian access over, upon and across existing concrete walkways within the property described in Exhibit "A" (Ihe "Cross Sidewalk Easement "), and (c) rights of ingress and egress over, upon and across the currently constructed sixty (60) foot wide road known as "The Lord's Way, which is more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Ingress and Egress Easement Areas") for the purposes hereinaler descnbed. Together the Utility Easement Areas, the Cross Sidewalk Easement and the Ingress and Egress Easement Areas are collectively referred to as, "Easement Areas ". Grantee shall have the right to use the Utility Easemem Areas, or any portion thereof, for the purpose of ingress and egress, for the installation, connection, operation, replacement and maintenance of power distribution facilities, (FPL) communications (Sprint) CATV, water, sewer and other utility facilities necessary to service Grantee's property. Grantee shall have the right to use the Easement Areas or any portion thereof for the purpose W of ingress and egress, installation, connection, replacement and maintenance of electric lines and Pipes, telephone lines and conduits, poles and wires. Notwithstanding anything herein to the X contrary, Grantor does hereby reserve, and shall have the right to use the Easement Areas for other ICS purposes not inconsistent with Grantee's use. 0 This Easement and the right to use the Easement Ares by the parties referred to above shall be nonexclusive and Grantor hereby retains for itself, its successors and assigns, the right to use the Easement Areas, provided such uses shall not unreasonably interfere with the rights of use of the Easement Areas held by the Grantee. All connections to any existing utilities or upgrades which may be necessary for the completion of Grantees intended development, shall be paid for at the sole expense of Grantee. Grantee intends to construct an access from "The Lord's Way ", east of the existing church entry, at Grantee's sole cost and expense. Grantor shall retain the exclusive use and maintenance of its own entrance off of The Lord's Way, as currently constructed. Grantee shall have the right to maintain the road and landscaping along "The Lord's Way', subject to Grantee and Grantor, and their respective successors and assigns, sharing in the maintenance of "The Lord's Way ", proportionate to their respective total ownership interest of acreage within the PUD as follows; Grantor to pay 65. 618% and Grantee to pay34.382 %of costs. Grantee shall retain the right to upgrade landscaping, and other improvements to "The Lord's Way ", as Grantee may deem necessary, at its sole cost and expense. Additionally, subject to applicable cvumy permits, Grantee shall be entitled to install si ,mage for its development along state road 95 L Such upgrades shall not hinder the view of the existing church sign, and shall be designated and installed after consultation with Grantor. Grantor shall not unreasonably withhold approval ofany landscape or improvement designs, installations and signage. Page I of 2 Gilorr'a If- . Lln 171 July 22, 2008 OR: 3908 PC: 4013 Page 88 of 315 Grantor and Grantee and their successors and assigns shall have the right to use a pedestrian easement across existing concrete walkways running along the northern edge of the property described in Exhibit "A ". This Cross Sidewalk Easement shall allow residents within the PUD pedestrian access across these walkways. Maintenance of the concrete walkway shall be the obligation of the owner of the property upon which the walkway is located, Either Grantor or Grantee may with thirty (30) days notice to the other choose to terminate this Cross Sidewalk Easement with or without cause. A termination of this Cross Sidewalk Easement by either party shall have no legal effect upon the balance of the easements and easement rights or obligations as set forth herein. This Easement shall be nonexclusive and the rights, covenants and agreements of the parties shall run with the title to the property and shall be binding on and inure to the benefit of the parties hereto and their successors and assigns. The Grantor covenants that it has the right to convey the Easement and that the Grantee, its successors and assigns, shall have quiet and peaceful possession, use and enjoyment of the Easement. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and $eal this day of April. 2005. ©cJCn yr/ Signed, sealed and delivered in the presence of `1-AaA.0 of- `hj,.r� Print Name: rA ar, J. fn. &d STATE OF FLORIDA COUNTY OF COLLIER GRANTOR: First Assembly of God of Naples, Florida, Inc., a Florida not - for -profit corporation By: -r The foregoing instrument was acknowledged before me thist—o day of t� 2005, by (y\s<y_��� (title) of First f God of Naples, Inc., a Florida not- for - profit corpora who who is onally known to or produced as identificaalm Print Notary Public Commission �muanap„ My CommU3mP R "" F: WSERSMANDAW.W,.lAssm,LlyJlarc,cln ive Fis Mt.9- 204)5.rpd Page 2 of 2 July 22, 2008 OR: 3908 PG ag0ift 3.5 EXHIBIT "A" The Southwest 1/4 of the Northwest 1/4, Less the West 100 feet thereof, AND the West 1/2 of the Southeast 114 of the Northwest 1/4 AND the West 1/2 of the East 1/2 of the Southeast 1/4 of the Northwest 1/4, Section 14, Township 50 South, Range 26 East, all situated and lying in Collier County, Florida, `July 22, 200a OR; 3908 PG 1 1Y J"5 EXHIBIT `B" The South 30 feet of the Southwest 114 of the Northwest 1/4 and the South 30 feet of the West 1/2 of the Southeast 1/4 of the Northwest 1/4 and the South 30 feet of the West 1/2 of the Southeast 1/4 of the Southeast 114 of the Northwest 1/4 of Section 14, Township 50 South, Range 26 East, situated and lying in Collier County, Florida. AND The North 30 feet of the Northwest 1/4 of the Southwest 114 and the North 30 feet of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 and the North 30 feet of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, situated and lying in Collier County, Florida. Excepting Grantor gives a easement over Parcels "A" and "B" as follows to the extent of Grantor's interest therein. Parcel "A": The North 30 feet of the West 1/2 of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, situated and lying in Collier County, Florida. Parcel `B ": The North 30 feet of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, situated and lying in Collier County, Florida. Aaenaa Item No. 17J July 22 2008 Page 86 of 315 FIRST ASSEMBLY OF GOD REZONE FINDINGS Applicable to Section 10.03.05 H of the LDC. Nature of requirements ofplanning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed change can be found consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plait. (Also, refer to PUD Rezoning Findings in this application). 2. The existing land use pattern. The subject property is surrounded by vacant lands zoned for agricultural use on the east side of C.R. 951. The subject property is currently undergoing development of the Assembly of God Ministries, and the eastern portion of this MPUD will be developed for multi family residential uses that can be found compatible with vacant lands surrounding the subject property. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed MPUD rezoning will not create art isolated district and it's frontage an access onto C.R. 951 is well suited for the proposed use. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions oil the property proposed for change. The existing boundaries are not illogically drawn and have been previously established by the prior rezoning less the t 10 acres that are proposed to be removed from this MPUD along the eastern portion of the property. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. This MPUD proposes Horny of the existing uses allowed by the current PUD, the exception being that the residential component of this MPUD is being increased from 57 to 296 multi family units, 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Page 1 of 3 H:\2005 \20050541WP \MPUD Rezone 2007 \REZONE FINDINGS- 070717.doc 7/18/2007 11:00:22 AM Agenda Item No, 17J July 22, 2008 Page 87 of 315 The proposed project will not adversely affect living conditions in the neighborhood. 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 proposed will not excessively increase traffic congestion based on the results of the T.Z.S. contained in this rezoning application, or otherwise affect public safety. S. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem. The site's water management system is currently permitted by the South Florida Water Management District and modifications to this permit will be subsequently made to accommodate tine new residential component of this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed MPUD will not seriously reduce light or air to adjacent areas based on the size of the proposed MPUD and proposed development standards. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change will not reduce property values in adjacent areas that are now vacant. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed rezoning request is to provide community facilities and multi family uses to meet, in part, the need for housing for essential service personnel This location is ideally suited for the proposed uses and will not constitute a grant of special privilege to an individual owner as contrasted by the public welfare that will be served with this MPUD rezoning request. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Page 2 of 3 W200512005054\WP \MPUD Rezone 2007 \REZONE FINDING&070717.doo 7/18/2007 11:00:22 AM Agenaa Item No. 17J July 22, 2008 Page 88 of 315 The property is currently zoned for comnuinify facility uses by the First Assembly of God Multi family uses are being added to this MPUD to meet, in part, the need for housing essential service personnel. The property could be used under the present PUD zoning, but broadening the mix of uses at this location is in the public's best interest. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change is not out of scale with the needs of the neighborhood as lands surrounding this proposed MPUD are vacant. Nor is it out of scale with the needs of the County that are served with the proposed request. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other sites irr the County for the proposed use; however, many of the proposed uses allowed by this rezoning request are already undergoing development. Broadening the prix of land uses at this location will allow amongst other uses, multi family housing, meeting the needs of essential service personnel. 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. It is not impossible to find other sites for the proposed uses, however, since a number of the proposed uses have been developed, it is appropriate for this PUD to be amended to expand the mix of laud uses at this location. lit addition, virtually all of the site development area has been cleared and filled for future development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in [lie Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. The proposed rezoning can be supported by the availability of adequate public facilities consistent with their adopted service levels. 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. Such other factors, standards of criteria will be considered by the applicant that the Board of County Commissioners deems important to the protection: of the public's health, safety, and welfare. Page 3 of 3 K \2005\2005054 \WP \MPUD Rezone 2007\RPZONE FINDINGS- 070717.doc 7/10/2007 11:00:22 AM Agenda Item No. 17J July 22, 2008 Page 89 of 315 STATEMENT OF UTILITY PROVISIONS FOR PUD ,REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) PASTOR DAVID MALLORY, FIRST ASSEMBLY MINISTRIES ADDRESS 3805 THE LORD'S WAY CITY NAPLES STATE FL ZIP 34114 TELEPHONE # 239 - 774 -1165 CELL # Fax # 239- 774 -0538 E -MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 8882 COLLIER BOULEVARD NAME OF APPLICANT(S) BILL KLOHN MDG- CAPITAL PATNERS REALTY INC. ADDRESS ORION BANK CTR 2180 IMMOKALEE RD. CITY NAPLES STATE FL ZIP 34114 TELEPHONE # 239 774 -1165 CELL # FAX # 239 - 774 -0538 E -MAIL ADDRESS: MDGCAPTIAL a COMCAST.NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): I. ' LEGAL DESCRIPTION Section /Township/Range 14 / 50 / 26 Lot: Block: Subdivision: A) Plat Book Page #: Property LD. #: 00416560008 - First Assembly of God Metes & Bounds Description: [See Attacked Legal Descriplionsl Size of property: ft. X ft. = Total Sq. Ft. Acres 43.31 B) Plat Book Page #: Property I.D. #: 00418400700 - MGD Fountain Lakes LLC Metes & Bounds Description: (,See Attached Legal Descripti6tasl Size of property: X ft, = Total Sq. Ft. Acres 23.65 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a . CITY UTILITY SYSTEM b . FRANCHISED UTILITY SYSTEM PROVIDE NAME d . PACKAGE TREATMENT PLANT (GPD capacity) e . SEPTIC SYSTEM Hum x PUDA- 2007 -AR -12043 REV: 2 FIRST ASSEMBLY MINISTRIES EDU & REHAB PUD Project: 19990088 Date: 119108 DUE: 2/1/08 Agenda Item No. 17J July 22, 2003 Page 50 of 315 L _ 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: 306 Apartments and up to 368,000 s f of floor area of church facility buildings that include 249 care units WATER CALCULATIONS: 306 D.U. x 261.8 GPD/D.U. = 80,111 GPD 2400 SEATS IN CHURCH AND CHAPEL x 3 GPD /SEAT = 7,200 GPD 249 CARE UNITS x 105 GPD = 26,145 GPD 274,624 S.F. (other church uses) x 0.1 GPD /SF = 27,462 GPD TOTAL AVERAGE = 140,918 GPD SEWER CALCULATIONS: 306 D.U. x 170.0 GPD/D.U. = 52,020 GPD 2400 SEATS IN CHURCH AND CHAPEL x 3 GPD /SEAT = 7,200 GPD 249 CARE UNITS x 105 GPD = 26,145 GPD 274,624 S.F. (other church uses) x 0.1 GPD /SF = 27,462 GPD TOTAL AVERAGE = 112,827 GPD Water peals = 150% Average; Sewer peak = 130% Average PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK (I.SxADF) 211,377 GPD AVERAGE DAILY 140,918 GPD B. SEWER -PEAK (1.3xADF) 146,675 GPD AVERAGE DAILY 112.827 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Site is currently served NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Sewa¢e treatment to be provided by Collier County. 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 Agenda Item No. 17J July 22, 2008 Page 91 of 315 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. Conveyance will be done at the time of construction plan approval Agenda item No. 17J COLLIER COUNTY WM HOUSING & HUMAN SERVICES DEPARTMENT Social Services... Services for Seniors... RSVP... Affordable Housing Programs... Federal and State Grants (239)774 -8154 or(239)403 -2330 CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW PARTNERSHIP AGREEMENT Name of development: FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS, A PLANNED UNIT DEVELOPMENT Location: East side of CR 951 and Lord's Way Applicant /Agent: Robert L. Duane A.I.C.P.of Hole Montes, Inc. AFFORDABLE HOUSING Contact Information: Robert L. Duane, AICP, Hole Mantes, Inc. EXPEDITED REVIEW PUDA- 2007 -AR -12043 REV: 1 239- 254 -2000 Project: 19990088 Size of Property: 69 acres Date: 7/20/07 DUE: 8 /10/07 Proposed Use: Community Facilities and Residential Development Total Number Residential Units Planned : 150 Number of Affordable Housing Units Planned : 25 - 80% MI 35 gap - 60% MI - 50% MI - 35% MI Proposed Land Use Restriction : * - PUD Restriction or AHDB Agreement Developer Agreement Impact Fee Agreement Other: I hereby certify that the above described project meets the definition of providing affordable Housing in Collier County and as such is entitled t participate in the County's "Expedited Review Procedures of Affordable Housing' as descrill the Collier Coo y Adi %inistrative Code through Resolution No. 2005 - 408. '7 13y:� _A — Date: % ' cJ / Housling'and Human Service. Department I hereby certify that I have reviewed the "Expedited Review Procedures of Affordable Housing' as described in the Collier County Administrative Code through Resolution No. 2005 -408 (copy attached) and that all submittals made to the County will t ),' will r made according to the timelines identified is the Procedure. Failure to submit information in such a t' nely an esult in the removal of this project from the Expedited Review Pi grat ..� Date:_' d 1 ApplicanV Agent This Certification must be submitted to the Department of Zoning and Land Development Review with a complete development order or development permit application package within six months of date of issuance. Revised 2/07 Affordable Housing Commission of Collier County MEMORANDUM Date: October 29, 2007 To: Board of County Commissioners From: Affordable Housing Commission Re: 150 Unit Fountain Lakes Development 2008 CWHIP Work Force Housing Application Agenda Item No. 17J July 22, 2008 Page 93 of 315 AFFORDABLE HOUSING - EXPEDITED REV. PUDA- 2007 -AR -12043 REV: 3 FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION MPUD Project: 19990089 Date: 3nlos DUE: 3128/08 At its regularly scheduled monthly meeting held October 17, 2007 the Affordable Housing Commission entertained a proposal by MDG Capital Corporation (MDG) and Essential Services Personnel Housing Coalition (ESP) for a CWHIP applitation for a150 unit Work Force Housing Development at Fountain Lakes. MDG and ES)' have formed a partnership to develop the property for workforce housing for essential service personnel and to make application to the FHMFA for funding under its CIPHIP program. Mr. William Klohn, president of MDG Capital presented the schematic pl4ns for the project and explained the financing and ownership mechanisms that are intended. The developer also requested that the ABC support and recommend to the BCC seven (7) requests of the county. Attached is an October 5, 2007 letter from Mr. Klohn to the Affordable Housing Commissioners outlining the project and the requests. The commissioners have reviewed the proposal and requests, discussed them in open meeting, heard comments from the staff and the public and passed resolutions on each of the requests. The following is a summary of those recommendations. Item #1: That the BCC recommend MDG and ESP as a CWIP applicant for the 2008 application cycle. • AHC Recommendation: The AHC finds this project app opnate and supports it as a 2008 CWHjP application. The ABC reeotrmends that the BCC designate MDG and ESP as a CWHIP applicant for Collier County in the 2008 funding cycle. j 2. Item #2: That the County amends the LHAP to increase SHIP funding limik from 80% AMI to 140% AMI for CWHIP projects thus aligning income lire. is of both programs to the CWHIP's income limit of 140% of AMI. • AHC Recommendation: The AHC is in favor of modifyi}3g the LAAP to align the SHIP and CWHIP income limits provided the in ease from 80% to 140% of AMI would be applicable to CWHIP projects oply. The AHC Agenda Item No, 17J July 22 2008 Paae 94 of 315 recommends that the BCC approve this amendment. 3. Item #3: That the County to allocate $1 Million of unused or future SHIP funds specifically to this project for the purpose of infrastructure construction. • ARC Recommendation: It is the ANC's position that the,allocation of SHIP funds involves a competitive process which this request circumvents. It is the AHC's position that if the developer wishes to be considered for project specific infrastructure funding under SHIP, he should submit a proposal to the County in response to its periodic requests for funding proposals. The AHC therefore, recommends that the BCC deny this request and suggest that the developer pursue the:SHIP funding through the proper competitive procedures. 4. Item #4: That the Staff is authorized to continue the expedited review process to fast track development and construction permits. • AHC Recommendation: The ABC supports the use of the expedited review process for workforce and affordable housing developments and recommends that the BCC direct Staff that this process wilt to CWBIP projects. 5. Item #5: That the County creates an Impact Deferral Program specific die newly created sub - district for this project. The program should be project specific rather than individual specific and should be available to first -time and previous homebuyers. It should have zero percent interest with repayment commencing in 10 years. • ABC Recommendation: It is the AHC's position that thete are precedents for establishing a sub - district, project specific impact deferral program to support affordable and workforce housing. For example this mechanism was used in the Immokalee Deferral Program. ;It is the AHC position that such a project specific program does not negatively impact the integrity of the County -wide impact deferral program and is targeted at a segment of the population with a significant housing need. Therefore, the ABC recommends that the BCC direct the Staff to develop a project specific impact fee deferral program for the newly formed sub - district encompassing this project with the terms and conditions requested by the developer. 6. Item 46: That the County allows special exceptions to development and concurrency standards as recommended under the CWHIP legislation. • ABC Recommendation: The AHC is of the opinion that i e exceptions specified under the CWHIP legislations are intended to co er minor regulatory obstructions which are within the reahn of the BCC to waive. Therefore, the ABC recommends that the BCC agree that ' I will consider relaxation of various standards for CWHIP projects as outlined in the CWHIP legislation on a case by case basis. Agenda Item No. 17J July 22, 2008 Page 95 of 315 7: Item #7: That the BCC support the Collier County Housing Finance Corporation ( CCHFC) in matters related to tax exempt financing for this project. • ABC Recommendation: It is the ANC's understanding that the developer will be using tax exempt bond financing for this project through the CCHFC. As the project progresses the CCHFC will request various approvals for and support of the bond financing from the BCC. At this point the developer is requesting that that BCC acknowledge that it would support the CCHFC in this process. The AHC is of the opinion that he bond financing is a necessary funding tool to accomplish this project and recommends that the BCC agree to consider and support the CCHFC in this effort. Agenda Item t I- July 22. of 3 Page 96 of 315 Alice Dollins From: Bill Klohn [bklohn @mdgcorp.com] Sent: Wednesday, June 06, 2007 5:43 PM To: Bob Duane Cc: Brian Settle Subject: FW: ESP Housing Coalition - Fountain Lakes :.. Joe Schmitt would like us to attach the email from Brian Settle (below) and a copy of the Toll Bros agreement (which removes their 10 acres from our PUD) to our Fountain Lakes PUDA submittal. Please don't forget. William L. Klohn President MDG Capital Corporation 2180 Immokalee Rd. #309 Naples FL 34110 (239)594 -8700 office Ext. 308 (239)5964399 fax (239)571 -9524 cell From: Settle, Brian [mailtc:Brian.Settle @nchmd.org] Sent: Wednesday, June 06, 2007 11:02 AM To: Donna Fiala@colliergov.net; fra nkhalas@col liergov. net; f redcoyle@colliergov. net; jimcoletta @colliergov.net; tomHenning@colliergov.net Cc: Bill Klohn; Jessica Kardas Subject: RE: ESP Housing Coalition - Fountain Lakes Good afternoon. In my role with NCH Healthcare System, I have the privilege to closely work with the Collier County Housing Development Corporation and the ESP Housing Coalition of Collier County. As you may recall, the ESP Housing Coalition is comprised of HMA, NCH, The Collier County Public Schools, City of Naples, and the Collier County Sheriff's Office. We plan to expand our membership to other employers in the near future and invite the County to consider joining our efforts. Together, we have pooled about $50,000 in seed money for Fountain Lakes, our workforce housing project. While we were unsuccessful with our application for funding from the 7/17/2007 Agenda July 212, 4 of 3 Page 97 of 3115 Community Workforce Housing Innovation Program, we plan to apply gain during this grant cycle. Some people believe that the housing crisis in our region is over. It is far from over. Over 17% of our ESP workforce live outside of Collier County. The inventory of homes priced within the affordability of our workforce has grown but does not meet the current or future needs of our employees. While about 5,489 affordable housing units have been approved during the last 5 years, about 1,409 units have been completed. Our ESP partner in Fountain Lakes, MDG Capital, has just completed about 200 reasonably priced homes in Arrowhead. Bill Klohn and his team are committed to building our ESP Housing project with a Dmpletion date of spring 2009. I would like to thank you for your unanimous endorsement of the Comp Plan amendment to DCA so we can continue to move forward on our exciting project. Thank you, Brian C. G. Settle Chief Human Resources Officer NCH Healthcare System 7/17/2007 COLLIER COUNTY GOVERNMENT_ DEPT. OF ZONING & LAND, DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 17J July 22. 2008 Page 98 of 315 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PRE - APPLICATION MEETING NOTES Date: I •13 • (�4 Time: 10 :SO Firm: f"\,e— —rtno4ls3 /. ` Protect Name: iif5.Ir l r4- eev,\PLm p /+^ 6c;A w _Di4 Size of Project Site: —7�11 acres Applicant Name: TZ�'" l Phone: 2-59 ' 2-000 Owner Owner Address Existing PUD Name and Number Assigned Planner Vest _iDda1P-4e_..an Meeting Aftendees ',(attpch Sign In Sheet) Submittal requirements (ses'next,pnge checklist); O 8- - Q= 1 AFFORDABLE HOUSING EXPEDI'rED REVIEW PUDA - 2007 -Ali -12043 REV: 1 Project: 19990088 Date: 7/20/07 DUE: 9110/07 -1- GACurrent \New Pre - Application Forms 2006 \PUD Rezone, PUD Amendment PUD to PUD Rezone pre -app 050404. doc 15 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 COPIES REQUIRED NOT REQUIRED i Additional set if located in the Boyshore /Gateway Triangle Redevelopment Area) ✓ Copies of detailed description of why amendment is necessary 24 Completed Application (download from website for current Form) V 24 Pre-application meeting notes - - 24 PUD Document & Conceptual Site Plan 24" x 36" and One. 8'/2 "_ xj 11 "co V 24 Revised Conceptual Site Plan 24" x 36 "and One 8 1/2" x 11" copy 24 ✓ Original PUD document. and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD 24 Vol Revised PUD document with changes crossed thru & underlined 24 Revised PUD document w /amended Title page w /ord #'s, LDC 10.02.13.A.2 24 V 6 Deeds /Legal's & Survey (if boundary of original PUD Is amende) 2 List identifying Owner & all parties of corporation 2 g/ Owner /Affidavit signed & notarized 2. Covenant of Unified Control 2 Completed Addressing checklist 2 Vr Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic impact Statement (TIS) or waiver 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1" =400' 5 Electronic copy of all documents in Word format and plans (CDRom Diskette) 1 If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacovera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. Applicant /Agent Signature Date -2- G: \Current \New Pre - Application Forms 2006 \PUD. Rezone, PUD Amendment PUD to PUD Rezone pre -app 050404.doc Agenda kern No. 17J July 22. 2008 Fees: Apt. " -wion Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction thereof) Page 100 of 315 ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) / $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review [jx $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app me ling shall not be credited towards application Fees and a new pre - application meeting will be required. $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $363.00 Legal Advertising Fee for BCC meeting ❑ _ $2500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.00 Non - certified] $3.00 Certified return receipt mail ( to be paid after receipt of Invoice from Dept. of Zoning & Development Review) Transportation Fees, if required: ❑ $500.00 Methodology Review Fee, if required ❑ / $750.00 Minor Study Review Fee, if required L $1,500.00 Major Study Review Fee, if required Fee Total PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner orior to the due date SCHOOL DISTRICT PARKS & REC — Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATERISEWER DISTRICT DR/EM1 — EMER. MGMT — Jim Von Rintein UTILITIES ENGINEERING — Zamira Deltoro CDES Coordinator — Linda B. Route Sheet onlyV FE -3- G:\Current \New Pre - Application Forms 2006 \PUD Rezone; PUD Amendment PUD to PUD Rezone pre -app 050404.doc �F//1 ✓OoJT' oG Nc'J h'.Yrtt� Agenda Item No. 17J July 22, 2008 Page 101 of 315 l 1 ��✓ G� I� �J 67 11�PB�A � � � � � G.G' 1 M 0I t? d) d a v c� 0 z G W W > C G � LL O 'p lu a ° J O Od rn e O N 0 O c vv G a 0 m 0 W td1 l' W a � z O Ui Z Z d p N o a Q CL 41 F•. nda Item o. 17J July OS V eI c 2.ti 15 ty v 'o 0 F W 0 . \ v N J W U � a M v N W cn n, U 15 V g N N 0 LL �� C r d N �' Agenda Item No. 17J 2, 2008 Pa 10 of 315 a 0 M N m m N O W N Dec 13 06 10:09a Collier Co. ADDRESSING 941 -GSS -5724 .Aaenda Item l *.17J 12/12/2006 14'25 TEL 92592099 H M LAND DEVELOPMENT ® 2008 C r 104 Of 315 ADDRESSING CHECKLIST Please complete the following AND FAX (239 - 659 -S724) OR SUBMIT INPERSON TO THE ADDRESSING SECTION, FORM MUST BE SIGNED BYADDRESSING PERSONNEL PRIOR TO PRE APPLIC4TIONMEE77NG. Not all items will apply to every project, Items in bold type are required I. Legal description of subject property or of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description ifmore than one) 00416560008,0041840 0 3. Street address or addresses (as applicable, if already assigned) SOS The Lord's Wav 4. Location map, showing exact location of projecVsite in relation to nearest public road right -of -way ( artach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (ifapplicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS /SITES ONLY) SDP _ - 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑ SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPi (SIPI Insubstantial Change) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) ® Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, eta) ❑ TDR (Transfer of Development Rights) ❑ Other - Describe: MPUD Rezone 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: Checklist is to be Faxed Back Personally Picked Up 12. Applicant Name Robert L. Duane, AICP Phone 239254-2000 Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number. _ (l ` Address Numbe. Z I a Address Number a`I t=7 Address Number Approved by ✓; r v✓ !f�S:? r(-; Date iZ -i3 -0 �D Details AgendaFl kpfi1`}J July 22, 2008 Page 105 of 315 A- erlal Current Ownership Scroll for Additional Information Follo No. 00416560008. Property AddressIl 8882 COLLIER BLVD Sub No. 100 I ACREAGE HEADER MMge Area I MIIIaga '� Use C°de 71 I INSTITUTIONAL —� 39 11.9374 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $4,331,000.00 Date Book -Page Amount ( +) Improved Value $ 530.358.00 09 / 2005 _ 3899.4027 $ 0.00 ( =) Market Value _ $ 4,861,358.00 051 1996 �- 2163.1616 $ 303,900.00 ( -)SOH Exempt Value - I— E o.00 � SOH = "Save Our Homes" exempt value due to cap on increases, http: / /wvr<w.eollierappraiser.coln/R eGordDetai l.asp ?FoliolD= 0000000416560008 12/13/2006 Agenda Item No. 17J July 7-2. 2008 valera c Page 106 of 315 Subject: Pre -app Rezone - Robert Duane, Agent Kay Deselem, Planner Location: Conference Room "C" Start: Wed 12/13/2006 10:30 AM End: Wed 12/13/2006 11;30 AM Recurrence: (none) Meeting Status: Meeting organizer Required Attendees: CDS -C; DeselemKay; soter_c; weeks d; SchmittJoseph; Koehlerl-isa; gibiin_c; ocheltree_m; SchmidtCorby; HillWes' wiley_r, CasalanguidaNick; Scott d; muller_r; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrell_p; Tindall_p; seals; PodczerwinskyJohn; WrightBob; BuchheitDavid; lenberger s;'bobduane @hmeng.com' Meeting Type: preapplication Requested By: Robert L. Duane, AICP Phone: 239 254 -2000 eMail: bobduane@hmeng.com Representing: First Assembly Ministries Folio: 00416560008 Zoning. First Assembly of God PUD SPD /SIP Subject Type: Rezone Location: 3805 The Lord's Way Naples 34114 Description: CWHIP PROJECT- The rezoning, to follow approval of the GMP Amendment, is an amendment to the current PUD (ordinance no. 94 -59) and the rezoning will allow the aforementioned uses including uses presently permitted by the PUD, however, 400 assisted living facility units /beds, and 120 campsite units will be eliminated in the PUD Amendment. The PUD Master Plan is also proposed to be revised to eliminate the easterly most ten acres and to reduce the area of the PUD from 79 to 69 acres. The maximum number of dwelling units proposed to be increased from 57 to 296 dwelling units of which 150 dwelling traits will be for Collier County essential personnel for either sale or rent, The proposed PUD Master Plan will also provide for the location of buildings and structures. This Instrument is Prepared By: Carrie E. Lademan, Esquire Woodward, Pires & Lombardo, PA 3200 Tamiami Trail N., Suite 200 Naples, FL 34103 (239) 649 -6555 Agenda Item No. 17J July 22, 2008 Page 107 of 315 AFFORDABLE HOUSING - EXPEDITED REV. PUDA- 2007 -AR -12043 REV: 3 FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION MPUD Project: 19990088 Date: 3/7108 DUE: 3 /28/08 SHARED SIGNAGE AGREEMENT THIS SHARED SIGNAGE AGREEMENT is made this day of 2008, by and between First Assembly of God of Naples, Florida, Inc., a Florida not - for - profit corporation, whose address is hereinafter referred to as "First Assembly" and MDG Fountain Lakes, LLC, a Florida limited liability company, whose address is 2180 Immokalee Road, Suite 309, Naples, Florida 34110, and its successors and /or assigns, collectively hereinafter referred to as "MDG" WHEREAS, First Assembly is the owner of real property located at 8882 Collier Blvd., Naples, Florida, located at the corner of Collier Blvd. (CR -951) and The Lord's Way, and more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference (the "First Assembly Property "), WHEREAS, the MDG is the owner of real property more particularly described on Exhibit "B ", attached hereto, which is adjacent to the property owned by First Assembly (the "Fountain Lakes Property "). WHEREAS, the First Assembly Property and the Fountain Lakes Property are part of that certain Planned Unit Development known as First Assembly Ministries Education & Rehabilitation Campus, in Collier County, Florida, as it may be amended from time to time (the "PUD "); WHEREAS, First Assembly and MDG are amending the PUD to enable MDG to develop affordable housing units on the Fountain Lakes Property. WHEREAS, First Assembly and MDG have agreed to share signage for their respective properties in the southwestern comer of the First Assembly Property facing the intersection of Collier Blvd. (CR -951) and the right of way known as The Lord's Way, in accordance with the terms set forth herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWED: I . Recitals. The above recitals are true and correct and are hereby incorporated herein by reference. 2. Perpetual Right to Share Signage. First Assembly hereby grants to MDG, its successors and assigns, an irrevocable, perpetual and non - exclusive right to construct and share signage constructed, or to be constructed for the common benefit of the Fountain Lakes Property and the First Page I of 4 A_aenda !tern No. 17J July 22 2008 Page 108 of 315 Assembly Property within the southwestern 50 feet of the First Assembly Property, according to the terms set forth herein (the "Licensed Property "), together with the right of access in, on and over the First Assembly Property to construct, maintain and repair said shared signage. 3. Size, Location and Design. First Assembly and MDG agree the signage benefiting the Fountain Lakes property will be at least 34 percent (34 %) of the total size of any signage installed or constructed on the First Assembly Property, and it is anticipated that the initial common signage shall be substantially in accordance with the design attached hereto as Exhibit "C ". The location, placement and design of any signage on the First Assembly Property shall be in conformity with all applicable laws, regulations and governmental approvals affecting the First Assembly Property and the Fountain Lakes Property, including but not limited to the PUD. 4. Shared Costs. First Assembly and MDG agree to share all costs to maintain, repair and/or replace the shared signage which benefit the First Assembly Property and the Fountain Lakes Property, based upon each party's respective ownership of land within the PUD, as hereinafter set forth. First Assembly's proportionate share of costs is sixty -six percent (66 %), and the proportionate cost to be paid by MDG is thirty -four percent (34 %). 5. Condemnation or Destruction. In the event the portion of the First Assembly Property upon which the shared signage is constructed is taken by and applicable governmental or quasi - governmental authority for public purpose, then First Assembly and MDG, and /or its successors and assigns, shall designate an alternative area within the southwestern portion of the First Assembly Property where replacement common signage shall be installed to benefit the First Assembly Property and the Fountain Lakes Property in accordance with the terms set forth herein. If the shared signage is substantially or completely destroyed, then the signage shall be re- constructed in the same location and in the same design, unless the parties agree otherwise. 6. Successor's and Assign's. This Agreement shall bind, and the benefit thereof shall inure to, the respected successor's and assign's of the parties hereto. 7. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants and conditions of this Agreement, the prevailing party in such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith, including, without limitation, reasonable attorney's fees and costs, at all levels. S. Venue, Jurisdiction, This Agreement shall be governed and consinred in all respects in accordance with the laws of the State of Florida, and venue for any action arising from or relating to this Agreement shall lie in Collier County, Florida. 9. Interpretation. No provision of this Agreement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any party or its counsel participated in the drafting thereof, as this Agreement has incorporated the mutual agreement and input of both parties. 10. Notices. All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered or received upon actual receipt or refusal to receive Page 2 of 4 Agenda Item No. 17J July 22, 2008 Page 109 of 315 same, and shall be made by United States Certified or Registered Mail, Return Receipt Requested, or by Hand Delivery, and shall be addressed to the respective parties at the address set forth in the preamble to this Agreement. 11. Severability. If any clause or provision of this Agreement is deemed illegal, invalid or unenforceable under Florida law, then the validity of the remainder of this Agreement shall not be affected thereby and shall be legal, valid and enforceable. Florida. 12. Recordinv. This Agreement shall be recorded in the Public Records of Collier County, IN WITNESS WHEREOF, the parties have executed this Shared Signage Agreement on the date first written above. Witness #1 Signature Witness #2 Signature Witness #1 Signature Witness 92 Signature First Assembly of God of Naples Florida, Inc. M David 1. Mallory, President MDG Fountain Lakes, LLC, a Florida limited liability company By: MDG Capital Corporation, its Managing Member By: Page 3 of 4 William L. Kiohn, as President Agenda Item No. 17J July 22, 2008 Page 110 of 3`5 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by David J. Mallory, as President of First Assembly of God of Naples, Florida, Inc., a Florida corporation, on behalf of the corporation, whom is personally known to me or produced a Florida Driver's License as identification. Notary Public Print Name: My Commission Expires: Commission Number: STATE OF FLORIDA COUNTY OF COLLIER (SEAL) The foregoing instrument was acknowledged before me by William L. Klohn, President of MDO Capital Corporation, a Florida corporation, as Managing Member of MDG Fountain Lakes, LLC, a Florida limited liability company, on behalf of the limited liability company. lie is personally known to me or produced a Florida Driver's License as identification. Fr USERSWANDA I:lAm Fountain Loki License Agmrn�cnt.Joe Notary Public Print Namc: My Commission Expires: Commission Number: Page 4 of 4 (SEAL) Agenda Item No. 17J July 22, 2008 Page 111 of 315 Exhibit "A" (First Assembly Property) The South 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 50 South, Range 26 East, less the West 130 feet thereof and the South 30 feet thereof, said land situated and lying in Collier County, Florida. (Informational Note: Property Appraiser's Parcel No. 00416560008) Agenda Item No. 17J July 22, 2008 Page 112 of 315 Exhibit "B" Page 1 of 2 RM PROJECT 12105.54 REF. DWQ a- 5 gbB� '17 LEGAL DESCRIPTION: Papa 1 d 1 APARCEL OF LAND LOCATED IN A PORTION OF SECTION 14. TOWNSHIP SB SOUTH. RANGE 2g COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBEp AS f -OLL Oyy 1 COMMENCE AT COWER THE NORTHWEST CORNER OF SECTION 14. TOWNSHIP SD SOUTH. RANGE 2B NORTHWEST U Y' FLORIDA; THENCE RUN 5.116•1p12•W., ALONG THE WEST LINE OF THE THE NORTH UNE QUARTER � E SOUTH HALF OF 6AID CTION 14, FOR A DISTANCE OF 1.338,88 FEET TO A POINT ON THENCE RUN F N.87• ggg E. ALONG THE THE NORTHWEST QUAfTTEfT OF SAID SECTION 14: QUARTER OF SAID SE NORTH LINE OF THE SOUTH HALF OF THE SECTION 14 OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE CONi TO THE Em A DISTANCE OF 1,59328 FEET D TANCE OF u 63 FEET O A POINT ON THE R�ENE OF THE UOFN.B •E.• N'�� THE OF THE SOUTHEAST QUART EAST LINE OF THE WEST HALF OFD 14. FOR A RUN S.OD'48'1B W THE EAST LINE TE WOE�ST�{{ mE F :; THENNAGLF OF SOUTHEASTOLIAMM FEET TO A POINT ON THE HALF OF THE THE NORT}WF_gT QUARTER OF SAID SECTION 14, FOR A DISTANCE SECTION 14; THENCE RUN WS THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID mismm SAID SECTION 74, FOR A W., THE NTH LINE OF THE NOROF SA ID CE OF 213.58 FEET: THEp1�l3,R'IR9��,2p�!t�gyq�� FF-ET: THENCE PUN N.OD•48'13'E. N.DD•TB'58•E„ FOR A DISTitf4CE�OF 218.38 FEET+`' *FOR A DISTANCE OF St -p5 FEEF; 14'E.�FOR A D�ANC �N'�•83'38•E., FOR A DL�ST�E RVII Nb7'28'12'E, FOR A 110,31 E OF- 441,42..FEET; TH ANCE OF 117.81 FEET: THENCE luu SET: THENCE R}MI N�1T>Sk'V1r„ F011{ A DANCE OF 335.88 FEET. TO E iy': CONTAINING 2.T,8!B.ACAES..MORCflRfFew`. THIS PROPERTY SUBJECT TO EA,^oFJ%L -3jJS; RE36RVATIbFN,q 1 BEARINGS SHOWN HEREON REf.E AE m'. OF RECORD. SECTION 14, TOWNSHIP 58 SOV'TFf; TO THE EST UNIAOf� THE NORTHWEST QUARTER OF S.00.4lY12•W, � -. . I EAST. CQLNIER.- ZXHINTY. FLORIDA AS BEING HOLE MONTES, INC. CERTIFICATE OFA UTHORIZ /f\\� ATI0N LB 11772 .. _.. .- ... BYdtl 7 lows .. M�RP��-- __P.S.M. 15628 STATE OF FLORIDA i M V01TVnITn•T[A%1A.1.Me 9 }I� U) x ti C) O s 0 0 v D z rnD O r O H A i O 2 0 Cn A Exhibit "B" t Pege 2 of 2 Agenda Item No. 17J July 22, 2008 Page 113 of 315 OR; 3908 PG. 3965 * ** { Qa � z 6 °s o 0 S Rn a" RD.) t t a° �0'IY 0- 0'49'12' U O —�S W I '•�o� � >ui4�i�2 _ r LU Ski RI U L3 _.. ,..,.. �. -p1 w ro N 1 1 �- RN 9 Ev i 7 E a a Agenda Item No 17.1 �u —mss Page 114 of 315 _...- 24" EXISTING ON —SITE o� MINISTRIES ILLUMINATED DED PYLON SIGN N 0 0 N i PROPOSED ILLUMINATED DOUBLE —SIDED SIGN Li L' 4' m EL 950 Encore Way OW -`SITE & OFF CHECKED OY : PROJECT No Naples, FL. 34110 Off -Site Premise Sign 2005.054 Phone: (239) 254 -2000 HOLE MONTE PREMISE SIGNAGE 5 _ (32 sq. ft.) Florida CerOflcate of JON SIGN EXH Li L' 4' m EL 950 Encore Way OW -`SITE & OFF CHECKED OY : PROJECT No Naples, FL. 34110 -SITE RA. 2005.054 Phone: (239) 254 -2000 HOLE MONTE PREMISE SIGNAGE DDA" DY: CAD FILE NAME: Florida CerOflcate of JON SIGN EXH OKME9K R✓ 'ARKIDRS Authorization No.1772 EXHIBIT G DATC EXN191T- 'lEA' 10/07 c Agenda Item No. 17J July 22; 2008 Page 115 of 315 THREE PARTY AGREEMENT THIS AGREEMENT is made and entered into this o£.... u7 , r— 2008 by and between First Assembly of God of Naples Florida Inc., a Florida Pi Corporation, (hereinafter referred to as "First Assembly "); MDG Fountain Lakes, LLC, a F Cc Limited Liability Company, (hereinafter referred to as "MDG "); and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County "). RECITALS WHEREAS, First Assembly has requested that Collier County grant a 24 -month temporary use permit for four care units to be located on First Assembly land in which an SDP has not been approved for such use on First Assembly land; as set forth in the attached site plan; andOp G] W PO 1-Y puq LL cC U WHEREAS, Collier County is willing to grant a 24 -month temporary use permit to First Assembly to allow for the temporary relocation of four care units under the terms and conditions 1� set forth herein; and WHEREAS, MDG does not object to the temporary use permit for the four care units on i the First Assembly property and supports the granting of the temporary use permit under the o terms and conditions set forth herein. 4 PC O C1 WITNESSETH: 'or u m :Z1 NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and w valuable consideration exchanged amongst the parties, and in consideration of the covenants o g contained herein, the parties agree as follows: 1 Y N 1 1, This Agreement will be effective from the time of approval of the Board of o m County Commissioners, which date is first set forth above, and shall remain in full force and �e effect unless terminated in accordance with this Agreement. a 2. First Assembly is responsible for and will ensure that necessary building permits are obtained for each temporary unit to pursuant to the Florida Building Code to assure proper sewer, water, and utility hook -up and applicable hurricane tie down protection prior to o occupancy. Similarly, First Assembly is responsible for obtaining any approvals and required permits from the Collier County Fire Code Official related to the review and approval of the u temporary site plan and applicable building permits for the nine manufactured units. Upon issuance of a certificate of occupancy for the units, County will issue a 24 -month temporary use .9. permit for the nine care units. Following expiration of the 24 -month period, absent a written extension approved by the Board of County Commissioners, First Assembly will immediately discontinue utilizing all use of these units and remove or relocate the four care units to areas on the First Assembly property in which an SDP has been approved for the four care units. ,Agenda Item No. 1g7J OR: 432247 r 3. County will have full and complete access to inspect these units throughout the term of this Agreement. 4. County shall have the right to terminate this Agreement upon any breach of either this Agreement or the temporary use permit. Legal Clauses 5. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 6. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To !County: Collier County Transportation 2885 S. Horseshoe Drive Naples, Florida 34112 Attn: Joseph Schmitt, CDES. Division Administrator Phone: (239) 403 -2385 Facsimile: (239) 403 -2390 To First Assembly: First Assembly of God 805 The Lords Way Naples FL 34114 Attention: Pastor David Mallory Phone: (239) 774 -1165 Facsimile: (239) 774 -0538 To MDG: MDG Capital Corporation 2180 Immokalee Rd Ste. 309 Naples FL 34110 Attention: William Klohn Phone(239) 594 -8700 Facsimile:(239) 596 -4399 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 7. Both First Assembly and MDG shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. First Assembly shall pay all costs of recording this Agreement. 8. in the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. Page 2 of 4 OR: 2,�azl� Page 117 of 315 IN WITNESS WLIEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. DWIGHT) . BFOCK, Clerk r . u �:x lb. v: ye i %,,>,Deputy Clerk Chief.isistaht County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:!._ Games C?etta AIRMAN AS TO FIRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INC.: a Florida Non Profit Corporation Signed, sealed and delivered in the presence of: Fri ted Name STATE OF FLORIDA COUNTY OF COLLIER C OAVi4 MAACUnv Title: Se w rak nA r r oR The foregoing instrument was acknowledged before me this day of'J - r , 2008, by nu U ; a I I n Y � , as & b �a I� of First Assembly of od of Naples, Florida, Inc., who is personally known to me or has produced 12rivr.r s I r z- r,.s c as identification. ,ri'rryt- CATHERINE K SHOWN V; MY COMMISSION W DO 535200 tlWed Th�,Nq gMIkUndlwl,, Notary Public ' I Print Name: Cez'4 r.r , n � 14 f3r.o u h My Commission Expires: H I:2 1 �?D t n Page 3 of 4 AS TO MDG FOUNTAIN LAKES, LLC a Florida Limited Liability Company Signed, sealed and delivered in the presence of: Signature Pr> ed Name Sign ure Printe�Name STATE OF FLORIDA COUNTY OF COLLIER Page 118 of 315 By: Printed Name: Title: �lLuwf jL1�C cd' -I Prt. (ulf joru-11t I (�5 rvl Fl?v /h 6 t N C. vl�-t n r31:7L The foregoing instrument was acknowledged before me this day of 1, j. 2008, by U< as z / /� , z/, of MDG Fountain Lakes, LLC, who is ersonally known fro me or has produced as idenrrfication. DENISE IARSDN Hiy CAMMISSIONXDD 509496 EXPIRES: Me 3, 2010 omd0A . NW,ry PWO Undwt.. Notary Public Print Name: My Commission Expires: Page 4 of 4 Agenda Item No. 171 July 22, 2008 Page 119 of 315 PUD MODEFICATION AND COOPERATION AGREEMFNT THIS PUD MODIFICATION AND COOPERATION AGREEMENT (this "Amement ") is made and entered into as of the 1st day of June, 2007, by and among Toll- RattlesuRke, LLC, a Florida limited liability company (,,Loll' ), MDG Fountain Lakes, LLC, a Florida limited liability company C'kll_G "}, and First Assembly of God of Naples, Florida, lue., a Florida non -profit corporation ( "First Assembly "). WITNESSETH WHEREAS, each of First Assembly, MDG, and Toll owns certain land to the east of Collier Boulevard (C.R. 95 1) in the vicinity of the junction with Rattlesnake Hammock Road, Collier County, Florida; as generally described in Exhibit A attached hereto and hereby made a part bereof (each, a "Pro e " and, collectively, the ` o rties" )• WHEREAS, the First Assembly Property and the MDG Property each lies entirely within the boundaries of the First Assembly Ministries Education & Rehabilitation Campus Planned Unit Development (the "First Assembly PUD "), as described by Collier County Ordinance No. 99 -59 (the "First Assembly PUD Ordinance"); WHEREAS, approximately 10 acres of the Toll Property, as more particularly described in Exhibit B attached hereto and hereby made apart hereof (the "Toll.-E2whision Parcel") also lies within the boundaries of the First Assembly PUD;' VITIERF.AS, First Assembly, MDG, and Toll have determined that each party can most effectively develop its respective Property and effect the land use and entitlement modifications and approvals necessary therefor by causing the Toll Exclusion Parcel to be removed from the First Assembly PUD and from the jurisdiction of the First Assembly PUD Ordinance; and VJTIETREAS, First Assembly, MDG, and Toll desire to enter into this Agreement to facilitate the foregoing removal of the Toll Exclusion Parcel from the First Assembly PUD and to establish a broader cooperative relationship with respect of the parties' ongoing development of their respective Properties, all as more particularly hereinafter set forth. IT IS, TB EREFOIRE, in consideration of the premises, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby agreed by and among the parties hereto, each being legally advised in the premises and intending to be legally bound hereby, as follows, to-wit. 1, Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated into and made apart of this Agreement. 2. Pu ose. The purpose of this Agreement is to establish the respective rights and obligations of the parties with respect to the removal of the Toll Exclusion Parcel from the First Assembly PUD and from the jurisdiction of the First Assembly PUD Ordinance and to facilitate cooperation among the parties with respectto the ongoing development of their respective Properties. TAMP_514653.6 LSO( Z00111 888TH ik 10 : CZ LOOZ' 30'110f 3. Rezonine. lz!enda item No. 17J July 22, 2008 Page 120 of 315 a. Prosecution by MDG. MDG agrees to cause, at MDG's sole cost and expense, the Toll Exclusion Parcel to be rezoned by Collier County such That the Toll Exclusion Parcel shall be removed from the First Assembly PUD and rezoned to Zoning Classification "A" (Rural Agricultural) or such other Zoning Classification as may be acceptable to Toll, in its sole discretion (the "Rezonine" ). MDG shall prepare, promptly following the date of this Agreement, the necessary petition for the Rezoning, which petition shall be subject to the approval of First Assembly and Toll, which approvals shall not be unreasonably withheld, conditioned, or delayed. MDG covenants to duly submit such rezoning petition to Collier County (with all applicable fees and supporting materials), not later than the earlier of (i) the date that is forty -five (45) days following the date of approval by Collier County of MDG's pending Comprehensive Plan Amendment (which approval must be received prior to the filing of a PUD Amendment) or (ii) August 1, 2007, and to cause the Rezoning to be completed not later than the date that is nine (9) months following the date of filing of the PUD Amendment (and accompanying rezoning application as to the Toll Exclusion Pat-eel). MDG shall, in any case, provide First Assembly and Toll with a minimum of a two (2) week review and approval period (which review and approval shall be limited to verifying that the Toll Exclusion Parcel will be removed from the First Assembly PUD and rezoned in accordance with this Agreement and any conditions applicable to such removal and rezoning) prior to submitting the petition for the Rezoning, or any related documents or amendments thereto, to any governmental authority. Should either First Assembly or Toll not respond within a three (3) week period (from date materials are supplied by certified mail'return receipt requested) then approval of the non - responding party shall be deemed given. TAMP_514663.6 TTO/ E0o'd Zg6Z# b. Prosecution by Toll. (i) In the event that (x) MDG should fail to timely prepare, submit for First Assembly and Toll review and approval, or submit to Collier County, the petition for Rezoning, as described in subsection (a) above, or (y) MDG, Toll, and First Assembly should fail to approve such petition (or any reasonable modification thereof) within sixty (60) days following the date of this Agreement and prior to submission to Collier County, then Toll, in its sole discretion, may elect, by giving written notice to the other parties to this Agreement, to prosecute the Rezoning as provided in subsection (a) at 'Foil's sole cost and expense. (ii) Jn addition, Toll, at Its option, exercisable at any time after October 1, 2007, may elect to prosecute, at Toll's sole cost and expense, an independent petition for the Rezoning (such independent petition limited to the removal of the Toll Exclusion Parcel from the PUD and rezoning of the Toll Exclusion Parcel in accordance with this Agreement, notwithstanding that the approved MDG- prepared Rezoning petition under subsection (a) may be more comprehcnsivc in its scope), provided that if MDG's petition for the Rezoning under subsection (a) is then pending, applicable Collier County codes and administrative practice do not preclude the NMO petition, and the Toll petition from being prosecuted or otherwise proceeding at the same time, (iii) Toll may, in any event, elect to prosecute, on its own behalf and that of the other parties to this Agreement, any appeal of an adverse determination on the petition for Rezoning or defense of any appeal filed against a favorable determination on the petition for Rezoning. V� 56 :TZ LOOZ'LT'721? Agenda Item No, 17J July 22, 2008 Page 121 of 315 C. land Use Actions During Pendency of Re7onin _ Until the Rezoning has been completed, no party to this Agreement, without the unanimous written approval of all other parties to this Agreement, shall: (i) make any submissions to, nor meet with, any governmental authority for the purpose of filing, changing, or modifying any existing zoning, plat, site plan, or other development plan affecting all or any portion of property subject to the First Assembly PUD or changing or modifying any such submission previously made with the prior unanimous written consent of the parties to this Agreement; (ii) take any action or make any submissions to rescind or terminate any approval previously granted by such party with respect to any such matter, or (iii) otherwise cause, permit, or suffer the rezoning of all or any portion of the property subject to the First Assembly PUD, provided, however, that (x) Toll may take all such actions as Toll deems necessary or appropriate to cause the Toll Exclusion Parcel to be rezoned to Zoning Classification "PUD" (Planned Unit Development) within the boundaries of a planned unit development affecting both the Toll Exclusion Parcel and other portions of the Toll Property adjacent thereto and with respect to its planned development thereupon, it being acknowledged and agreed that Toll intends to develop the Toll Exclusion Parcel and other portions of the Toll Property as part of and within a larger residential golf course community and as part of a Development of Regional lmpaet, (y) MDG may take all such actions as MDG deems necessary or appropriate to obtain the approvals and entitlements necessary to construct and develop two hundred ninety -six (296) multifamily units or fee simple villas on MDG's Property and, in connection therewith, Toll shall relinquish to MDG any and all claims, rights, title, or interest to residential density units or to claim any interest in any residential density units which could be approved or constructed upon the Toll Exclusion Parcel by virtue of the Toll Exclusion Parcel's inclusion within the First Assembly PUD, provided, however, that Toll reserves for the benefit of the Toll Exclusion Parcel, all claims, rights, title, and interest to the maximum residential density permitted for the Toll Exclusion Parcel under Zoning Classification "A" (Rural Agricultural) and to rezone the Toll Exclusion Parcel under its proposed planned unit development and Development of Regional Tmpact with the density outlined in the Urban Residential Fringe Subdistrict of the Collier County Future Land Use Element, and (z) the unanimous written approval of all other parties to this Agreement is not required for actions taken by a party hereto under subsections (i), (ii) or (iii) above if such action does not adversely affect the PUD amendment, the Rezoning Or any other agreement of the patties as set forth herein. d. Expiration of ReKgiJii agobliQations. Unless otherwise agreed by the parties ir1 writing, the parties' respective obligations under this Scction 3 shall expire on the earlier of (i) the Successful completion of the Rezoning and expiration of all applicable appeal periods or (ii) the date that is twelve (12) months following the date of this Agreement, provided that if the Rezoning has not been completed by such date and all applicable appeal periods have not yet expired, then the parties' obligations under this Section 3 shall automatically continue for successive periods of three (3) months each, unl.ess Toll should elect otherwise in writing, 4. )'ledge of Support. Each of the parties hereto covenants and agrees, on its own behalf and that of its agents, successors and assigns, to support (and take no steps to oppose) any efforts by the other parties hereto to develop their respective Properties for principally residential purposes (but, specifically including, as to the Toll Property, Toll's intended Mixed Use PUD consisting of residential, office and commercial uses), and each agrees, on not less than two (2) weeks notice, to execute such letters of support or letters of no objection, as either may reasonably request, pertaining to the other party's proposed actions affecting zoning, land use, or entitlement matters concerning the requesting _... party's Property. TAMP 514653.6 TTO/ 600'13 ZSCZ# t*A 56 :1Z LOOZ'LT "rnP Agenda Item No. 17J July 22, 2008 Page 122 of 315 5. Termination of Easements. First Assembly's and VDG's respective covenants of support extend specifically, but without limitation, to Toll's efforts to cause to be vacated or terminated various public and /or private roadway, ingress and egress, utility and other casements encumbering portions of the Toll Property. Each of First Assembly and MDG covenants and agrees, on its own behalf and that of its agents, successors and assigns, to support (and take no steps to oppose) all Toll efforts regarding the vacation or termination of such casements, hereby releases and disclaims any and all easement rights upon any portion of the Toll Property (whether public or private in nature and whether or not founded upon a recorded instrument), and agrees, on not less than two (2) weeks notice, to execute such letters of release, confirmation, or no objection or recordable waivers and releases of easement rights, as Toll may reasonably request concerning any such easements at no cost to either First Assembly or MDG. 6. Further Assurances. Each of the parties hereto agrees to do, execute, acknowledge, and deliver, Or cause to be done, executed, acknowledged, and delivered, all such further acts and assurances as shall be reasonably requested by the other parties in order to carry out the intent of this Agreement and give effect thereto. Without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties hereby declare their intention to cooperate with each other in effecting the terns of this Ageement and to coordinate the performance of their respective obligations under the terms of this Agreement. 7. No Partnership. The execution of this Agreement shall not create or be construed as creating a partnership, joint venture, or other joint enterprise between or among any of the parties hereto and /or any of their respective principals, partners, members, or affiliates and shall not be construed as creating any special or fiduciary relationship between any of such parties. 8. hJunctive Re W. Tn the event of a breach or attempted breach of this Agreement, any party hereto shall be entitled to obtain an order specifically enforcing this Agreement or an injunction prohibiting any such breach; the parties hereby acknowledge the inadequacy of legal remedies and the irreparable harm which would be caused by any such breach, and/or to relief by other available legal and equitable remedies from the consequence of such breach. Any action taken or document executed in violation of this Agreement shall be void and may be set aside upon the petition of another party. 9. Enforcement. If any action or proceeding is brought by any party against another pertaining to or arising out of this Agreement, the finally prevailing party shall be entitled to recover all reasonable costs and expenses (including, without limitation, attorneys' fees), incurred on account of such action or proceeding, whether incurred out of court or in litigation, including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 10. Venue, All parties acknowledge that the venue for the purpose of enforcing this Agreement shall be in Collier County, Florida. 11. Notices. Whenever in this Agreement it shall be required or permitted that notice be given by any party hereto to another, such notice shall be in writing and shall be deemed to have been duly given and to have become effective (i.) upon delivery or refusal of delivery, if given in person, (ii) upon delivery (with electronic confirmation of receipt), if given by facsimile transmission, (iii) on the next business day after having been sent by a reputable overnight delivery service for next business day delivery, delivery charges prepaid, or (iv) three days after being sent by U.S- mail, as certified or registered mail, return receipt requested, postage prepaid- Notices shall be addressed to the parties at their respective addresses as set forth at Exhibit A, or at such other address or addresses as any TAMP_514653.6 it0/ S00'd Geel# Z0:£Z LOOZ'SO'HrP Agenda Item No. 17J July 22, 2008 Page 123 of 315 Party may from time to time specify in writing in lieu thereof. Each party hereto will promptly furnish to the other parties hereto a copy of any notice it may receive from any third person which may arrect the rights of any party hereunder, 12. Covenants Running With Land_ The terms of this Agreement are covenants running with the land and inure to the benefit of, and are binding upon, the parties and their respective successors and assigns, including all owners of all or any portion of the real property interests covered hereby. All of the terms, covenants, conditions, and agreements contained in this Agreement shall be binding upon, and shall inure to the benefit of die parties hereto and their respective successors and assigns. 13. W1re Agreement. This Agreement constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof. 14. lnterpretation. The headings of the various sections in this Agreement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Agreement, This Agreement and any related instruments shall not be construed more strictly against one party than against the other party by virtue of the fact that the initial drafts were made and prepared by counsel for one of the parties, it being recognized that this Agreement is the product of negotiations between the parties hereto. 15_ Seyerability. if any provision of this Agreement shall, for any reason, be held in - violation of any applicable law or held to be unenforceable, then the validity of such specific provision shall not be held to invalidate any other provision herein, all of which such other provisions shall remain in full force and effect. 16. Authority. Each individual executing this Agreement on behalf of a party to this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party. 17. Counterparts and Facsimile. This Agreement may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument. Signatures transmitted by facsimile transmission or otherwise appearing on a facsimile transmission of this Agreement shall be treated in all manner and respects and have the same binding legal effect as original signatures. The parties hereto hereby agree that neither shall raise the use of a facsimile machine as a defense to the enforceability of this Agreement and forever waive such defense- ( 777e remainder of this page is intentionally left blank ) TAMP-514653.B 120/ 90o'd 8681W Z0:£Z LOOZ'SO'Kl7P Agenda Item No, 17J July 22, 2008 Page 124 of 815 Jun. 4. 2007 6:34PM f I a west acct No. 4249 P. 6 IN WITNESS WNL'ItEOF, the und¢rsigned hove executed this Agreemeni as of the day Quid year fist above written. ttiitnesses: Puynt� Y SN _ xw- Prim TatT „Ii -as7.0 G ToD- Rattlesnake, LLC. a Florida limited 1lahiHty Company By: Sembler 'Family Fartnership 442. Ltd„ a Florida limited partnership Manager Dv: ScmSlcr Rftait R. Inc., a Florida c porat on Gene ral t�ir {4 Narrie: �� Tide:��,.' ��T By: Toll FL VII Limited Partnemahip, u Florida limited partnership Manager 13y: Ton Ft, GP a Florida cq General P. Name: Title: MllG Fountain I -AzeS, U,C, A Flondn limited liability company 'By; MbG Capital ('mporalion, a Florida crorporation. Managint,; ?vlembmr fly: Wil.iern L. Klohn. President 110/ L00'4 0001# Z0: CZ LOO Z'S0'Nt1P Agenda Item No. 17J July 22. 2008 Page 125 of 315 IN WITNESS WIMRFOF, the undersigned have executed this Agreement as of the day and year first above written. Witnesses: Toll- Rattlesnake, LLC, a Florida limited liability company Print By: Sembler Family Partnership #42, Ltd., a Florida limited partnership Manager By: Sembler Retail II, Inc, a Florida corporation General Partner By: _ Name: Title: Print Name: By: Toll FL VII Limited Partnership, a Florida limited partnership Manager By: Toll FL GP Corp., a Florida corporation General Partner Print Print /fib /1 e. 4 - � 2: L- -- Print Name: _{Ze- ai>e_Ld a✓ Print ame:�j�L. TI?C Sr4n� TAMP_514653.6 110/ 800'd 8881# 6 By: _ Name: Title, MDG Fountain Lakes, LLC, a Florida limited liability company By; MAG Capital Corporation, a Florida corporation, M' Oging Membor By. William Idl. Klohn, President ZO:CZ LOOZ'SO'NnQ Agenda Item No. 17,1 July 22. 2008 Page 126 of 315 First Assembly of God of Naples, Florida, Inc - 4 a Fx dyylon- profit corporation 1. )��i ✓lrj� (h+�F.A��n By. V% L roan Print i lame_ MC-K,CAe-2-- TAt.W_5US53 -4 70f 9 TLO/ 6O0'd 9681# ZO: CZ LOOZ 'SO 'Nf1P Party Toll- Rattlesnake, LLC c/o Toll Bros., Inc. 28341 South Tamiami Trail, Suite 4 Bonita Springs, Florida 34134 Attention: David Torres Fax: (239) 949 -2292 MDG Fountain Lakes, LLC 2180 immokalee, Road, Suite 309 Naples, Florida 34110 Attention: Bill Klolm Fax: 96 r7 with a copy to: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 3200 Tatnimni Trail North, Suite 200 Naples, Florida 34103 Fax: (239) 649-7342 First Assembly of God of Naples, Florida, Inc. 8882 Collier Boulevard Naples, Florida 34114 Attention: David Mallory Fax: ( ) TAMP 514653.6 ITO/ OTO'd 8081# Parties Pro e Agenda Item No. 17J July 22, 2008 Page 127 of 315 Approximately 2,220 acres of land lying in Sections 11, 1.2, 13, 14, 23, 24, and 25 of T. 50 S., R. 26 E. and Sections 19 and 30 of T. 50 S., R. 27 E., Collier County, Florida as more particularly described in the following deeds: 1. Warranty Decd recorded in Official Records Book 3895, Page 868. 2. Warranty Deed recorded in Official Records Book 4033, Page 1638. 3. Quit Claim Deed recorded in Official Records Book 3962, Page 2571. Excepting from the ;Foregoing, the land described in that certain Quit Claim Deed recorded in Official Records Book 4002, Page 1563. Tax Folio 4 0418400700 (being approximately 23.648 acres of land lying in the South Half of the Northwest Quarter of Section 14, T. 50 S., R. 26'E-, Collier County, Florida). Tax Folio # 0416560008 (being approximately 43.31 acres of land lying in the South Half of the Northwest Quarter of Section 14, T. 50 S., R- 26 F.,., Collier County, Florida). k Z0 :£Z LOOZ'SO'NU Agenda Item No. 17J July 22, 2003 —� Page 128 of 315 EXHTB)M 13 The Toll Exclusion Parcel Tax Folio # 0416840003 and # 0416920004 (being The East Half (E ' /•) of the East Half (F. 1/) of the Southeast Quarter (SE '/.) of the Northwest Quarter (NW %) of Section 14, Township 50 South, Range 26 East, Collier County, Florida.) TAMP_514653.5 TTO/ TTO'd ZS£Z# 9 T LOOZ'LT "TnP Agenda item No. 17J July 22, 2008 Page 129 of 315 HOLE MONTES ENGINEERS- PLANNERS- SURVEYORS 950 Encore Way • Naples, Florida 34110 • Phone: 239.254.2000 • Fax'. 239.254.2099 July18, 2007 AFFORDABLE HOUSING EXPEDITED REVIEW PUDA - 2007 -AR -12043 REV: I Kay Deselem, Principal Planner Project: 19990088 Collier County Development Services Date: 7/20/07 DUE: 8/10/07 2800 N. Horseshoe Drive Naples, Florida 34104 RE: First Assembly Ministries Education and Rehabilitation Campus PUD Rezone Hole Montes No. 2005.054 Dear Ms. Deselem: Please find enclosed 24 copies of a petition to rezone approximately 69 acres.to a Mixed Planned Use Development (MPUD) on the corner of Collier Boulevard (CR 95 1) and The Lord's Way. Of the 79.1 acres contained in the First Assembly Ministries Education and Rehabilitation Campus PUD, (the existing zoning) 10.27 acres are proposed to be rezoned to `A' Agricultural Use from the existing PUD that is located along the eastern edge of the subject property (a survey and legal description are contained in the rezoning application). Pre - application minutes and a check in the amount of $14, 992 ($15,492 less $500 pre - application fee paid on 12/12/06 with check no. 3831) to process the petition is enclosed. This is a fast tract application. 1. The subject property has an affordable housing component and as such we are requesting that this PUD not only be fast tracked but be reviewed while the GMP amendment for the Collier Boulevard Corrununity Subdistrict is undergoing review by the state. The B.C.C. transmitted the GMP amendment to the Department of Community Affairs after the first adoption hearing on June 5, 2007. I understand no public hearings can be scheduled until the GMP amendment is adopted later this year. The rezoning of the easterly most 10.27 acres, currently owned by Toll - Rattlesnake, to be rezoned to agricultural use, is subject to the attached agreement that, amongst other provisions, foregoes the entitlements on this property currently allowed by the existing PUD. This property will later be incorporated into a PUD for Toll - Rattlesnake, based on the underlying density of the FLUE. The subject property will be accessed from the existing Lord's Way that is anticipated to be a future signalized intersection (when traffic counts warrant) at the intersection of the Lord's Way and CR 951. The subject property has been previously cleared with the exception of a conservation area comprising +/- 13 acres located in the northwest portion H:\2005VO05054 \WP \MPUD Rezone 2007 \COVER LETTER explaining_070717.doc Naples - Fort Myers • Venice kgenoa Item No. 17J July 22, 2008 Page 2 of 3 Page 130 of 315 July 18, 2007 Kay Deselem First Assembly Ministries MPUD Application HM File No. 2005.054 of the subject property that is required by the current PUD zoning and environmental permits. An E.I.S. is not required for the subject property since site development has commenced and environmental permits have been obtained. The current PUD, approved in 1999, for the First Assembly Ministries Education and Rehabilitation Campus allows for the following development intensities: A multi- purpose auditorium with 1800 seats, a 600 seat chapel, a private school for 300 K -12 students, care unit facility for 450 persons, an adult living facility of 400 units on 15.4 acres, and a 400 child care center and ancillary uses and structures. Also allowed by the current zoning are 57 multi- family units and also 120 travel units ( TTRVC). Currently about 95,000 S.F. of institutional uses have been constructed including the radio tower and 23 of the 120 TTRVC lots. This PUD proposes to delete the 400 unit adult living facility. The care unit, facility will be reduced from 400 units to 249 units. The TTRVC uses are also proposed to be deleted. The number of multi - family units will be increased from 57 units to 306 of which ten will be reserved for church employees. The maximum number of square feet of useable area for institutional uses will be 368,000 S.F. as allowed by the Collier Boulevard Community Service District for all the aforementioned uses with the exception of the multi- family uses and 10 units for church employees. While the measures of development intensity are refined in this application, they are less than allowed by the existing PUD. The permitted uses and building heights are generally the same for the portion of this MPUD to be developed by the First Assembly of God. 2. GROWTH MANAGEMENT PLAN The Collier Boulevard Community Service Subdistrict comprises f 69 acres. The purpose of this Subdistrict is to provide community facility uses, primarily institutional uses and other non - commercial uses generally servicing the public at large and residential uses for both affordable- workforce and market rate housing uses. Allowable land uses within the Subdistrict are community facilities such as: churches, group housing, cemeteries, private schools and colleges, child care centers, essential services; parks open spaces and recreational uses, in addition to the aforementioned residential uses. The rezoning application outlines further how the proposed rezoning request is consistent with the requirements of the Collicr Boulevard Community Subdistrict and other applicable GMP provisions. The development cormnitment provisions, contained in Exhibit F, outline further GMP commitments and how the subject property will meet Collier County's affordable housing needs. 11: \2005\2005054MP \MPUD Rezone 2007 \COVER LETTER explaining_070717.doc Agenda Item No. 17J July 22, 2008 Page 3 of 3 Page 131 of 315 July 18, 2007 Kay Deselem First Assembly Ministries MPUD Application HM File No. 2005.054 hi closing, we trust you will agree that the subject property can be found consistent with the Collier County Growth Management Plan. As part of this rezoning request, a right - of -way reservation is proposed over a portion of Lord's Way in the event that it, (now a private easement) becomes a public right -of -way to connect to a potential north/south corridor, east of the subject property. This provision is also designed to satisfy mitigation requirements required by the Subdistrict. In this event, a deviation is proposed to reduce the buffer along the Lord's Way from 20 feet to ten feet, to accommodate four -lane- roadway on -site constraints within a 40 foot reservation along the southern portion of the property. Please contact me if any additional information is required. Very truly yours, HOLE MONTES, INC. Robert L. Duane, AICP Planning Director RLD/ acd Attachments: Email from Brian Settle to Bill Klohn re workforce housing, dated 6/6/2007 Copy of Toll- Rattlesnake agreement to remove 10 acres from PUD Rezone Findings Enclosures: • Check for $14,992 • Pre - application Notes • Location Map • Completed MPUD Application (see Application Checklist) cc: William Klohn Pastor Mallory Bole Montes File H:\2005\2005054 \WP\MPUD Rezone 2007 \COVER LETTER explaining_070717.doc Agenda Item No. 17J ,July 22, 2008 Page 132 of 315 COLLIER COUNTY ESP WORKFORCE HOUSING GROUP PRELIMINARY PROJECT OVERVIEW PRESENTED BY MDG CAPITAL CORPORATION November 9, 2006 Agenda Item No. 17J July 22, 2008 Page 133 of 315 MDG CAPITAL CORPORATION 2180Immokalee Road Ste. 309, Naples FL 34110 (239)594.8700 ph (239)596.4399 fax November 9, 2006 Collier County Board of Commissioners 3301 E. Tamiami Trail Naples FL 34113 RE: Fountain Lakes Workforce Housing CWHIP Community, Collier County, Florida Dear Commissioners: As you know, Collier County faces a critical shortage of housing for teachers, hospital staff, fire, police, government employees and many other private sector workers whose moderate income has not kept up with the price of housing. Key public and private industry representatives have partnered together under the title of the Collier County Essential Services Personnel (ESP) Workforce Housing Group to develop housing solutions to this crisis. The Florida Legislature, led by Rep. Mike Davis, responded with legislation and funding to provide incentives for high cost, high growth communities to develop partnerships and projects to address this need. The program, entitled Community Workforce Housing Innovation Program (CWHIP) provides community partnerships with $5 million in a low interest loan to ensure that the housing stays affordable for at least 30 years. The Collier County ESP Group has spent four months identifying and evaluating site options for the development of a CWHIP project to serve the housing needs of essential service personnel. In its selection process, the ESP Group consulted Collier County Management and Staff regarding potential developer capabilities and the condition of the various sites related to readiness for development (i.e. zoning, utilities, transportation, etc.). In the ESP Group's final scoring and analysis of potential developers and available sites, the ESP Group chose MDG Capital Corporation and its 23 acre parcel of land as its top partner candidate for the workforce housing development. This selection is naturally subject to each of the ESP Group member's Board of Directors final approval of the physical components of the project, affordability considerations, and respective financial commitments. MDG is honored to be the first candidate in the selection process and has made its commitment to the ESP Group to design, finance, develop, construct and manage 100 rental units and 50 for sale units which all meet the affordability requirements of the CWHIP Program. Additionally, MDG has made its financial commitment of the required 15% contribution pursuant to the threshold requirements of CWHIP program. The unit sizes and product mix were tailored to meet the needs of ESP Group. Agenda Item No. 17J July 22, 2008 Page 134 of 3' 5 The site selected fits the needs of the ESP Group and the requirements of the State CWHIP program. In September, 2005, MDG purchased 23 acres of vacant land from First Assembly of God of Naples, Inc. The property is within the PUD boundaries of the originally planned Church campus and has access from Collier Boulevard via The Lord's Way. MDG's purpose in acquiring this land was to create a workforce housing community in Collier County to be the model for the State of Florida. To truly be the model, MDG knew that it had to capture the heart of the workforce employers which includes the School District of Collier County, Collier County Sheriff's Office, City of Naples, NCH Healthcare System, Inc. and HMA Hospital. MDG began writing letters to these employers approximately six months ago informing them of our continuing commitment to provide workforce housing and our desire to create a workforce housing community on our property. MDG is making progress with its endeavor with the ESP Group to accomplish its goal. The enclosed package includes preliminary project information to include project summary, location map, aerial photographs, site plans, floor plans and proforma as well as the Resolution for the Collier County Board of Commissioners consideration and adoption. The ESP Group and MDG Capital Corporation seek not only your support for this important project, but also welcome your connnents, questions, and recommendations. Sincerely, MDG CAPITAL CORPORATION William L. Maim President WLK:dl November 9, 2006 200 p.m. Agenda Item No. 17J July 22, 2008 Page 135 of 315 PROJECT SUMMARY I LOCATION MAP Z SITE PLAN 69 ACRES 3 AERIAL PHOTO 69 ACRE4 SITE PLAN 23 ACRES 5 AERIAL PHOTO 23 ACRE; FLOOR PLANS 7 PROFORMA 8 Anenda Item No. 17J July 22, 20G8 Page 136 of 315 x Agenda Item No, 17J July 22. 2008 Page 137 of 315 COLLIER COUNTY ESP WORKFORCE HOUSING GROUP PROJECT SUMMARY Community Name - Fountain Lakes Zoning - Planned Unit Development (PUD). The property will require a PUD Amendment for the intended use of up to 296 multi - family units. Total PUD Acreage - 69 acres for the sub - district being created Project Acreage - 23 acres (within the 69 acre sub - district) Access - Collier Boulevard via The Lord's Way Project Permits - ACOE and SFWMD permits in hand Utilities - water, sewer and electric currently within 23 acre site Total units - 296 proposed total units * 150 units reserved for ESP Group project 146 remaining units (product type and price points to be determined) * Upon completion of the PUD Amendment Building Types - 3 story elevator units - 7 units per floor (subject to final site plan layout) Unit Types, Sizes and Quantities - ESP Group rental apartments Total ESP Group for sale units Total Grand Total Income Limitations - ESP Group Rental Apartments - UNIT TYPE 3 bdrm/2bth 2 bdrm/2bth I bdrm/l %z bth 3 bdrm /2bth 2 bdrm/2bth UNIT SIZE UNIT QUANTITY 1,280 SF± 10 units 1,080 SF+ 70 units 853 SF + 20 units 100 rental units 1,400 SF ±30 units 1,150 SF +20 units 50 for sale units 150 ESP Group units 10 units <80% median income (family of 1= $39,100, family of 3 = $50,250) 70 units 80 -140% median income (family of I= $65,688, family of 3= $84,420) tigenda Item No. 17J July 22. 2008 Page 138 of 315 20 units family income irrelevant since rented at market rate (but could be subsidized by employer) ESP Group For Sale Units - All of the units will be sold for not more than 80% of the average price of a comparable market rate unit. Affordability Limitations - Rental - 50 Year affordability period Ownership - 30 Year affordability for Ownership through deed restrictions to include caps on re -sale appreciation, etc. Site Plan Features - As currently designed all buildings will have lake or greenspace views. Amenities - Community and Education Center utilizing the community building which is currently under construction on the 23 acre site. The community building could include a library annex and day care center. The site plan also reflects a proposed tot play lot and swimming pool. There is an existing walking/jogging trail which meanders along the north and west property lines of the 69 acre PUD parcel (see aerial photograph). Area Highlights - Employment Centers - The proposed community is in close proximity to many employment centers to include the new HMA Hospital - Collier Regional Medical Center (just blocks away), the Super WalMart Center on Collier Blvd., Collier County Government Center, the Collier County Sheriff s Office, and retail centers. Education Centers - The proposed community is in close proximity to many educational facilities including but not limited to the Edison Community College, Golden Gate High School, Lely Elementary School, and Lely High School. Transportation Access - The 69 acre PUD parcel which contains the proposed 23 acre community: A. Fronts Collier Boulevard B. Is within three miles of Interstate 75 C. Is within 4 miles of US 41 D. Is within 3 miles of Davis Boulevard (SR 84) _F., is within /2 mile of Rattlesnake Hammock Rd (SR 864) F. Is within 5 miles of Golden Gate Parkway G. MDG intends to invite Collier Area Transit (CAT) to include a bus stop on The Lord's Way near the entrance to the proposed community. November 9, 2006 2J0 p.m. Agenda Item No. 17J July 22.. 2008 Page 139 of 315 2 Agenda ::em No. 17J July 22 2008 VICINITY MAP 950 Encore Wav Naples, Fl. 94110 'N' , Phone: (239) 254-2000 Pladda Certificate of SCALE 1' -50W Aathorlxotion No.1772 Agenda Item No. 17J July 22, 2008 Page 141 of 315 3 f •- fl9 {w7tn31 lJPxlljgt�utlgl 4A��II�t{UNVYMM MItti'n1�t.MQ,jA'JD ,,,x" ViTa�ulLldelllul•uudiu u111 uuieululfeilllll�xtlll�d nslnl soli ni �y��s -- �� G..ahl 1 I'3�'J � II N LIg11IiE�k P.�r y F�9 i• r; —um gq.111111111......111 IIIfill.11l II III IiInlll HjVj(11H YpHl NIIIlIN lllltlm �t �3 �� � al KTI��° tYt`` II d, �Illuincnllltntlnmulutluw�ln7o {flfinunleBitiu® f�����SI ¢�� < n 1 �1• � 3 �A� x A • • Agenda Item No. 17J July 22: 2008 Page 143 of 315 __I ,. ;'r�; {.,, 4; ( �. i i. .�` i� y. �, �'(� '4 a'. � , {• J � �� i. � t;' i�. � .r d � �r , -3^ � i : �� �� ;�:. �':. � �� � , I 3 � � � sp a�i �� ��� _ `� ��iva.'. 1 ` � 1 `' �(� �. J. � �� 4f� i c ! � ew c � � �s �3, ' E� J, ���� - : � ii. Z � � �: Z � SAS � 1A 1� ���� 1 �(. �''' � y �' "�� h3 i � d'. � � � �. kYb `��'. � �- � � �. � ,j � � �fr°� � ly � � Fri � \131 .��_ A�� i,- J' �' ly ��.j S° ' fi ` P h f1� A PVf ij S1 1 y * � ... � ri � ) � e�f ����. 5�` 4 ! S l f)? Y . t � u t �`F j ay .. s ' . _ � + � ' � �' ,.. r v'i:;. I i5�% � `. � :_.. Agenda Item No. 17J July 22. 2008 Page 145 of 315 5 P.aenda tem No. 17J July 22, 2008 Page 146 of 315 Agenda Item No. 17J July 22, 2008 Page 148 of 315 �J : w: -� . . . : \ / tC Agenda liem No. WJ July 22, 2008 Page 150 of 315 ,AF One Bedroom Unit : 853 Square Feet Agenda Item No. 17J July 22.2DO0 Page 151o[315 In Kitchen Ming AG Meet LLA One Bedroom Unit : 853 Square Feet Agenda Item No. 17J July 22.2DO0 Page 151o[315 Agenda |tern No�l7J July 22.2OOU Page 152n[315 Two Bedroom Unit : 1,081 Square Feet S�IE Iffi.I-W Screened Porch Meet., LiAng Closet Ir Line. AC Kitchen Two Bedroom Unit : 1,081 Square Feet S�IE Iffi.I-W Agenda Item No. 17J July 22, 2008 Page 153 of 315 Three Bedroom Unit : 1,256 Square Feet S E:IV -Td P.aenda Item No. 17J July 22. 2C08 Page 154 of 315 Agenda Item No. 17J July 22. 2008 Page 155 of 315 F v e w 0� wen 01 wl wl w b 0 O CO O O O M O r C 1 M na 000000000 O �pOi OOOMO M n CD O 10 0 0 0 0 0 0 1 C N N M z O (V r 00000 CO G ^ 0 (O^ NOOO N t0 Of r O C d E 7 00 N a} N M N > 0 T T p w Q a wwwwwww nw w w w a m J N O N LO, C 0 0 O V t5 N O O O O O O O M O O d O N V 00 0 0 0 0 M O N CL O 0 LL �O O O CM O O O M O 00 o C 0 M (O f� O O O M O d N W G O C N C> jv a U d O O ` 0 0 N N GI aD 0 r m r r r cl a N O W L)ML)O�000 12 Z Z f 6nwe»wrnrn�nw w w O 0 00000 O MO r t0 M O O f 0 1, 0 0 0 M 0 ' C O r � V O O O M O N M r N Oro 16 N O C D A N V d _.. m a W, E» f»svwww w w w I; N 0 0 0 0 0 0 0 10 0 n o n 000000000 r LO p y O N Cl- 01 0 0 0 (D Cl- O cl V t D LL. !' O M'Ir NOOO,O tC b G OM7N OOOr0 1- r LO N mo V. 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Aaenda !tem No. 17J July 22, 2008 Page 157 of 315 AFFORDABLE HOUSING - EXPEDITED REV. PUDA - 2007- AR -12D43 REV: 3 FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION MPUD Project: 19990088 Dote: 3/7!08 DUE: 328/08 TRAFFIC IMPACT STATEMENT FOR FIRST ASSEMBLY OF GOD PUD (PROJECT NO. 0612.22) PREPARED BY: TR Transportation Consultants, Inc. 13881 Plantation Road, Suite 11 Fort Myers, Florida 33912 -4339 Certificate of Authorization #27003 239- 278 -3090 Revised: March 4, 2008 F.genda Item No. 17J July 22. 2008 Page 158of 315 TRANSPORTATION CONSULTANTS, INC. I. INTRODUCTION CONTENTS II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. EXISTING PUD vs. PROPOSED PUD VI. TRIP DISTRIBUTION VII. FUTURE TRAFFIC CONDITIONS VIIL PROJECTED CONCURI2ENCY AND IMPROVEMENTS IX. CONCLUSIONT TRANSPORTATION CONSULTANTS, INC. I. INTRODUCTION Agenda Item No. 171 July 22, 2008 Page 159 of 315 TR Transportation Consultants, Inc. has conducted a traffic impact statement for the proposed re- zoning submittal of the First Assembly of God PUD along the east side of Collier Boulevard to the north of its intersection with The Lord's Way in Collier County, Florida. This report has been completed in compliance with the guidelines established by the Collier County Transportation Planning Division for developments seeking approval for re- zoning. The site location is illustrated on Figure 1. The proposed PUD re -zone would modify the existing PUD on the subject site to allow a variety of church/worship related uses in addition to a 306 -unit multi- family dwelling unit development on the site, ten (10) of which are church related dwelling units. An in- depth discussion of the existing uses allowed on the site and the proposed uses as a part of this re -zone will be included within this report. This report examines the impact of the development on the surrounding roadways. Trip generation and assignments to the site access driveways will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. A methodology meeting was held with Mr. Nick Casalanguida of the Collier County Transportation Planning Department on January 8, 2007, II. EXISTING CONDITIONS The site is bordered to the west by Collier Boulevard. To the north, the subject site is bordered by vacant land. Vacant land also borders the subject site along the eastern property boundary. The Lord's Way forms the southern boundary of the subject site. Currently, a variety of uses exist on the subject site. Specifically, a Church/Auditorium and a Church/Chapel use are constructed on the subject site. Additionally, approximately 23 camp sites exist on the subject site. An aerial photograph has been included in the Page 1 ® A „n a •• JUIy LL, LVVtl � Golden Pty. L Gate IN J \ y I € W E A,, u y. Iw N.T.S.- uz 1 w ti a 3 2, G S} rir ppYk y 3. 3 ' s ,1 xmi s r �r!-r 1 �++:"zc-oruzrrmmlmm�mrt �tS F a� E 7 d 1•as k, .ramn :enw wu,�, 1 T19 S' ,ter Yr T —iT �""(i5 1 I 31 k J, * woovsv ° vuu w '. ;utts — 1 , t 1 r I PROJECT SITE Fe W nmrs F l - N C -. 5 �orv`�m.w.m— �•,...c - •'�t _ w luiws ioly� —I� I_: 1' ja I ry 4k1 3 olY mmu � J in �>I� v Naples Manor r i PROJECT LOCATION MAP TRANSPORTATION Figure 1 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 3/W08 �j TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22. 2008 Page 161 of 315 Appendix of this document that indicates the intensity of the development on the subject site as of January 2007. Table 1 indicates the approved development under the existing zoning on the subject site in its entirety. Table 1 First Assembly of God PUD Annroved Uses under FxistinA Pile Land Use __ As previously stated, the church uses within Table 1 as well as 23 of the camp sites are currently constructed on the subject site. Additionally, the existing PUD is approved to consist of several different accessory uses to assist the First Assembly of God ministry in serving the community of Southwest Florida. For the purposes of this analysis, all of the non - residential uses listed within Table I were deemed "church related" uses, and the accessory uses were limited to ancillary facilities that will not, and presently do not, generate significant external traffic. The accessory uses included in the PUD are broad in an effort to provide some latitude for the First Assembly of God Staff in order to allow them to concentrate on a wide range of potential needs that may arise for residents of Southwest Florida. As such, the First Assembly of God ministry has provided necessary services in order to assist the members of the community. The flexibility in the PUD provides the ministry with the capability of adapting to the ever changing needs of the community. Page 3 kiistin,g PUD•'` Residential Condominium/Towtiliouse 57 dwelling units Care Facility 400 units Assisted Living Facility 400 beds Campground/Recreational Vehicle Park 120 camp sites University /College 300 students Church Auditorium) 30,000 square feet 1,600 seals) Church (Chapel) 20,000 square feet 600 seats) Day Care Center 300 students As previously stated, the church uses within Table 1 as well as 23 of the camp sites are currently constructed on the subject site. Additionally, the existing PUD is approved to consist of several different accessory uses to assist the First Assembly of God ministry in serving the community of Southwest Florida. For the purposes of this analysis, all of the non - residential uses listed within Table I were deemed "church related" uses, and the accessory uses were limited to ancillary facilities that will not, and presently do not, generate significant external traffic. The accessory uses included in the PUD are broad in an effort to provide some latitude for the First Assembly of God Staff in order to allow them to concentrate on a wide range of potential needs that may arise for residents of Southwest Florida. As such, the First Assembly of God ministry has provided necessary services in order to assist the members of the community. The flexibility in the PUD provides the ministry with the capability of adapting to the ever changing needs of the community. Page 3 Agenda Item No. 17J July 22. 2008 Page 162 of 315 TRANSPORTATION CONSULTANTS, INC. In addition to the uses listed within Table 1, additional uses are approved as a part of the existing PUD on the subject site. However, any uses not listed within Table 1 above were deemed to be secondary uses to the Church/rehabilitation uses on the site. Thus, these secondary uses will not generate any external vehicular traffic as they will primarily function as ancillary uses to the Church/rehabilitation facilities proposed on site. Language has been included within the proposed MPUD document in order to restrict the secondary uses to non - external trip generating uses. Access to the entire First Assembly of God PUD is provided to the area roadway network via The Lord's Way. Two (2) full access driveways are shown to The Lord's Way from the subject parcel. One (1) site access will serve the church related uses while the easternmost full site access to The Lord's Way will serve the new residential units proposed as a part of this development. The Lord's Way currently provides full turning movements to Collier Boulevard opposite its intersection with Inverness Club Drive. The Lord's Way is currently a private roadway that borders the subject site to the south. As a part of the mitigation agreement for the Comprehensive Plan Amendment associated with the First Assembly of God PUD, it was agreed that The Lord's Way would have a reservation provided over it in order to provide a future east /west connection to a potential north/south arterial that could be constructed to the east of the subject site. The proposed First Assembly of God PUD will access the Lord's Way via two (2) full access driveways. The intersection of The Lord's Way and Collier Boulevard provides full turning movements under unsignalized conditions. The County intends to review the potential signalization of this intersection once it appears the traffic signal warrants may be met at this location. Collier Boulevard is a four -lane arterial roadway along the western boundary of the subject site. Currently, funding is available for the six - laning of Collier Boulevard from U.S. 41 to Davis Boulevard in Fiscal Year 2010. The six lane conditions on Collier Boulevard are accounted for as a part of the 2007 Collier County Annual Inventory Update Report (AUIR). The minimum Level of Service (LOS) Standard for this roadway Page 4 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22. 2008 Page 163 of 315 adjacent to the subject site is LOS `B ". Collier Boulevard has a posted speed limit of 55 mph and is under the jurisdiction of the Collier County Transportation Department. In order to gain a better understanding of the traffic conditions in the vicinity of the subject site, AM and PM peak hour turning movement counts were performed at the intersection of Collier Boulevard and The Lord's Way on January 17, 2008 and Collier Boulevard and Rattlesnake Hammock Road on January 16, 2008. Based on the information contained within the 2006 FDOT Traffic Information CD, the appropriate peak season correction factor for January 18 °i is 1.10. Therefore, the turning movement results were factored by 1.10 in order to determine the 2008 peak season, peak hour turning movements. Figure 2 indicates the resultant 2008 peak season turning movements at the subject intersections. III. PROPOSED DEVELOPMENT The proposed re- zoning of the First Assembly of God site will allow for the construction of various church related uses in addition to a new multi- family residential component on the subject site. Specifically, Table 2 summarizes the uses for the proposed PUD re -zone on the subject site. Table 2 First Assembly of God PUD Proposed Uses under New PUD Land Use Proposed Revisions Residential Condominium /Townhouse 306 dwelling units Care Facility 249 units Assisted Living Facility To be removed University /College 300 students Church (Auditorium) 30,000 square feet (1,800 seats) Church (Chanel) 20,000 square feet (600 seats) Day Care Center 300 students Page 5 LEGEND f- 000 WEEKDAY AM PEAK HOUR TRAFFIC 4-(000) WEEKDAY PM PEAK HOUR TRAFFIC �j TRANSPORTATION 2008 PEAK SEASON TURNING MOVEMENTS Figure 2 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISM313108 TRANSPORTATION j� CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 165 of 315 In comparing Table 2 with Table 1, the existing approved multi - family units within the site will be incorporated into the new multi - family dwelling unit project on the site. In addition, the 400 bed assisted living facility is being removed in favor of the multi - family dwelling units along with the campground /RV park on the site. Furthermore, the 400 unit care facility will be limited to 249 units as a part of this proposed re- zoning. It should also be noted that ten (10) of the multi - family dwelling units proposed as a part of this PUD re -zone are church related dwelling units. IV. TRIP GENERATION Trip generation calculations were performed for both the existing PUD on the subject site as well as the new PUD proposed on the site. The trip generation for each potential development scenario was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7 °i Edition. The appropriate Land Uses were utilized to calculate the trip generation of each scenario. Table 3 indicates the trip generation of the uses approved under the existing PUD on the subject site. The subsequent Land Use Codes utilized to calculate the trip generation of each use is indicated within Table 3 as well. Based on discussions with the Pastor of the First Assembly of God church, there will be a significant amount of traffic captured internally based on the various church related uses. For instance, the residential units on the site are typically utilized to house patients undergoing some form of rehabilitation services. Patients are shuttled to local shopping areas for grocery shopping and any other needs that the patients may have. Thus, a higher internal capture rate was approved for the church related uses as a part of the methodology meeting held with Collier County Staff. Specifically, a 40% internal capture reduction was agreed upon with Staff during the AM peak hour, a 50% internal capture reduction was utilized during the PM peak hour, and a 45% reduction for internal capture traffic was assumed over the course of the entire day. These reductions are reflected within Table 3 as well. Page 7 TRANSPORTATION CONSULTANTS, INC. Table 3 First Assembly of God PUD Existine PUD Trim Agenoa Item No. 17J July 22, 2008 Page 166 of 315 Land Use /Size of Use A.M. Peak H6iir P.M, Peak Hout Daily In 66i Total In 00 Total: 1 12-WaY). Residential Condominium 57 dwelling units 6 27 33 25 13 38 398 (LUC 230 ) Congregate Care Facility 400 units 14 10 24 37 31 68 808 (LUC 253) Assisted Living 400 beds 36 20 56 39 49 88 618 (LUC 254) Campground /R.V. Park 120 camp sites 10 14 24 31 13 44 -- (LUC 416) University /College 300 students 50 13 63 19 44 63 714 (LUC 550) Church 30,000 sq. ft. Auditorium 12 10 22 10 10 20 274 (LUC 560) (1,800 seats) Church 20,000 sq. ft. Chapel 8 6 14 7 6 13 182 (LUC 560) (600 scats) Day Care Center 300 students 119 105 224 93 104 197 1,360 (LUC 565) Total Trips under Existing PUD 1 255 1 205 460 261 1 270 531 4,354 Less huernal Capture 1 -102 1 -82 -184 -131 -135 1 -266 -1,960 New Trips under Existing PUD 1 153 1 123 276 130 135 1 265 2,394 The internal capture reduction for the First Assembly of God PUD was negotiated as a pail of the GMP Amendment TIS previously approved by Collier County, and it was revisited as a part of the methodology meeting for the proposed PUD re- zoning. The First Assembly of God PUD is a unique development. As such, the ITE Trip Generation Report, 7`r' Edition does not contain a specific land use that would encompass the entire First Assembly of God PUD. Mixed use developments such as the First Assembly of God PUD have a tendency to impact the adjacent roadway network significantly less than a series of stand alone uses. The First Assembly of God development currently serves a variety of purposes ranging from typical church related uses to on -site substance abuse rehabilitation. In particular, the substance abuse rehabilitation facility houses patients on site and provides the patients with several necessary amenities. Shuttles are available for the patients that provide them with group transportation to /from commercial developments for shopping purposes. The group transportation provided by the First Assembly of God is only one (1) example of how the site functions as a mixed use project. Page 8 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 167 of 315 Based on the logical interaction between the various uses on the site, Staff felt compelled to agree with the Development Team on percentages of the site related traffic that will likely be captured internally. The exact same reduction percentages were assumed at both the GMP Amendment stage as well as the proposed PUD Re- zoning. It is important to note that the internal capture reductions were not applied to the new residential use shown below as a part of the proposed re- zoning, only the church related uses. As such, prior to applying the internal capture reduction for the uses under the proposed re- zoning, the multi - family traffic was subtracted from the total traffic, and the internal capture reduction was applied to the non - residential traffic only. In addition to the trip generation of the existing uses approved under the current zoning on the subject site, a trip generation estimate was also performed based on the proposed PUD for the First Assembly of God site. The resultant trip generation of the proposed uses on the subject site is illustrated within Table 4 below. The aforementioned internal capture reduction was applied to the proposed PUD as well. However, based on the discussions held during the methodology meeting, the internal capture reduction was only applied to the church related uses. In other words, the residential use was not considered for the internal capture reduction. Table 4 First Assembly of God PUD Pronosed PUD Trins Page 9 A.M. Peak Hour P.M: Peak Hour Daily Land Use /Size of Use La Out Total In Out Total (2 -way) Residential Condominium 306 units 105 126 101 49 150 1,660 (LUC 230 Care Facility 249 units 6 15 23 19 42 502 (LUC 253) University /College 300 students r12 13 63 19 44 63 714 (LUC 550) Church 30,000 sq. ft. Auditorium 10 22 10 10 20 274 (LUC 560) (1,800 sea(s) Church 20,000 sq. ft. Chapel 8 6 14 7 6 13 182 (LUC 560) (600 seats)_ Day Care Center 300 students 119 105 224 93 104 197 1,360 (LUC 565) Total Tri sunder Proposed PUD 219 245 464 253 232 485 4,692 Less Internal Capture (non - residential only) -79 1 -56 -135 -76 -92 -168 -1,364 Y —. New Trips under Proposed PUD 140 189 329 L 177 _ 140 317 3,328 Page 9 Agenda Item No. 17,1 July 22, 2008 Page 168 of 315 TRANSPORTATION CONSULTANTS, INC. The Level of Service analysis and intersection analysis performed within this report is based solely on the trip generation of the proposed PUD on the subject site. Therefore, the new trips shown within Table 4 were utilized to determine whether or not sufficient capacity is available on the adjacent roadway network after the addition of the First Assembly of God PUD as currently proposed. V. EXISTING PUD vs. PROPOSED PUD Based on the methodology meeting held with Staff, it was important to perform a comparison of the trip generation for the existing zoning on the site in addition to the proposed new PUD on the First Assembly of God site. Therefore, Table 5 was created. Table 5 indicates the new trips generated as a result of the existing zoning on the site shown in Table 3 in addition to the new trips generated as a result of this proposed re- zoning as seen within Table 4. A negative value within Table 5 reflects a reduction in trips as a result of the proposed re- zoning of the subject site. Likewise, a positive value reflects a net traffic increase as a result of the proposed re- zoning of the First Assembly of God site. Table 5 First Assembly of God PUD Trin Geoerntion Comnarison Land Use A.M. Peak Hour P,M. Peak our Daily P -w' Y) In Out Total In Out Total New Trips under Existing PUD 153 1 123 1 276 130 135 265 1 2,394 New Trips under Proposed PUD 140 1 189 1 329 177 1 140 317 3,328 Tri Difference -13 +6 6 1 +53 +47 +5 +52 +934 A negative value represents a reduction in trips based on the proposed revisions to the GMP, and a positive value represents a net trip increase It should be noted that the Developer of the First Assembly of God PUD, as a part of the Comprehensive Plan Amendment approval on the site, agreed to limit the construction of multi- family dwelling units on the site to 147 dwelling units until the substantial completion of the six - laving of Davis Boulevard. Additionally, ten (10) dwelling units associated with the church uses can be constructed prior to the six- laning of Davis Page 10 TRANSPORTATION CONSULTANTS, INC, Agenda Item No. 17J July 22, 2008 Page 169 of 315 Boulevard for a total of 157 dwelling units within the first phase. However, upon the completion of the Davis Boulevard six- laning, the remaining 149 multi - family dwelling units could be constructed. Should this proposed PUD re- zoning be approved, this stipulation would remain in place as a part of the updated PUD. VI. TRIP DISTRIBUTION The new trips based on the proposed PUD re- zoning indicated within Table 4 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The resultant traffic distribution is indicated in Figure 3 as approved within the methodology meeting held with Staff. As can be seen within Figure 3, Staff agreed to a 5% drop off of site traffic along Collier Boulevard between The Lord's Way and Davis Boulevard due to Wal -Mart and other commercial uses available along this link. Staff also agreed to a 5% drop off of site traffic to the Publix Shopping Center located to the south of the site at the northwest corner of the intersection of Collier Boulevard and Rattlesnake Hammock Boulevard. Based on the traffic distribution indicated within Figure 3, the new external development traffic was distributed to the Collier Boulevard /The Lord's Way and Collier Boulevard /Rattlesnake Hammock Road intersections. Figure 4 indicates the site traffic assignment to these locations as a part of the proposed First Assembly of God PUD. Additionally, the site traffic was assigned to the area roadway links as a part of Figure IA, located within the Appendix of this report for reference. VII. FUTURE TRAFFIC CONDITIONS In order to determine which roadway segments surrounding the site will be significantly impacted, Table 1A, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 2 % -2 % -3% Significance Test. Page I I LEGEND ♦20 %--► PERCENT DISTRIBUTION TRANSPORTATION PROJECT TRAFFIC DISTRIBUTION CONSULTANTS, INC. FIRST ASSEMBLY OF GOD Figure 3 LEGEND f- 000 WEEKDAY AM PEAK HOUR TRAFFIC ` t -(000) WEEKDAY PM PEAK HOUR TRAFFIC TRANSPORTATION SITE TRAFFIC ASSIGNMENT Figure 4 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 3/310B Agenda Item No. 17J July 22, 2008 Page 172 of 315 TRANSPORTATION CONSULTANTS, INC. The new external project related traffic from Table 4 was compared with the corrected 10 -month Level of Service Standard for Peak Hour — Peak Direction traffic conditions in order to determine the project impact percentage. Based on the information contained within Table IA, Collier Boulevard along the project frontage is shown to sustain a significant impact as a result of the added project traffic in accordance with the Collier County 2 % -2 % -3% Significance Test. Furthermore, Davis Boulevard and Rattlesnake Hammock Boulevard are also shown to experience a significant impact as a result of the proposed development. It should be noted that Davis Boulevard was reviewed as both a two -lane arterial as it currently functions in addition to a six -lane arterial roadway. Recently, a Developer's Contribution Agreement (DCA) was approved that will assist Collier County in accelerating the six - laning of this roadway. Currently, six - laving construction is slated to be completed within Fiscal Year 2009/2010, well within the three (3) year window in which improvements can be assumed completed. Additionally, the Developer of the residential units proposed within the First Assembly of God PUD has proposed phasing of the multi - family units which would restrict Certificate of Occupancy's on 149 dwelling units until Davis Boulevard six - laving is completed. Therefore, Davis Boulevard will be a six -lane facility prior to the build -out of the proposed First Assembly of God PUD. A six -lave Davis Boulevard does not experience a significant impact as a result of the proposed First Assembly of God PUD. In addition to the significant impact criteria, Table IA also includes a buildout concu rency analysis on the Collier County Roadway network. The Collier County TIS Guidelines require analysis of the adjacent roadway network based on the five (5) year planning window. Therefore., it was necessary to analyze the surrounding roadway network based on the 2013 traffic conditions. The total volume indicated within the 2007 Collier County Annual Update Inventory Report (AUIR) reflects the current remaining capacity on the adjacent roadway network. The remaining capacity was subtracted from the 10 -month service volume on each roadway in order to determine the 2008 peak season, peak hour, peak direction traffic volume on the adjacent roadway network, The Page 14 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 173 of 315 appropriate annual growth rate for these roadways was taken from the 2007 Collier County Average Daily Traffic Report. The calculations to determine the annual growth rates can be found within the Appendix of this report for reference. These annual growth rates were then used to factor the 2008 peak season, peak hour, peak direction traffic volume to 2013 peak season, peak hour, peak direction background traffic conditions. The resultant 2013 peak season, peak hour, peak direction traffic volume was subtracted from the Level of Service Standard in order to determine the remaining capacity in the year 2013. The project generated traffic was then subtracted from the remaining capacity in order to determine the remaining 2013 capacity after the First Assembly of God PUD re- zoning traffic is added to the surrounding roadway network. Figure 5 indicates the results of the capacity analysis along Collier Boulevard, Davis Boulevard, and Rattlesnake Hammock Boulevard. VIII. PROJECTED CONCURRENCY AND IMPROVEMENTS Based upon the information contained within Table lA and Figure 5, both Collier Boulevard and Rattlesnake Hammock Drive are shown to operate acceptably after the addition of the First Assembly of God PUD traffic. However, existing Level of Service deficiencies are shown along Davis Boulevard to the west of Collier Boulevard. As previously stated, this roadway will be six -laned from Collier Boulevard to Radio Road within the Fiscal Year 2009/2010. At such time, sufficient capacity will be available along Davis Boulevard to accommodate the proposed First Assembly of God PUD. In fact, the proposed PUD re -zone would not even significantly impact a six -lane Davis Boulevard. At the time of Comprehensive Plan Amendment approval, mitigation of the project related traffic impacts was agreed to be determined and provided at the time of re- zoning approval. As such, the Developer has offered to provide a reservation over The Lord's Way in order to provide the County with an east /west connection between Collier Boulevard and a potential future north/south arterial to the east of the subject site in order Page 15 J 2.4% LEGEND 000 CURRENT REMAINING CAPACITY (000) REMAINING CAPACITY W/ AM PROJECT TRAFFIC [0001 REMAINING CAPACITY W/ PM PROJECT TRAFFIC 0.0% PROJECT IMPACT PERCENTAGE 2013 BUILD -OUT TRAFFIC CONDITIONS �j TRANSPORTATION (WITH 6 -LANE DAVIS BOULEVARD) Figure 5 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 313108 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 175 of 315 to satisfy this GMP requirement. Furthermore, the Developer also stipulated a phasing program for the multi - family dwelling units added as a result of the proposed PUD re- zone. Specifically, the Developer agreed to withhold the construction of 149 multi- family dwelling units until the substantial completion of the Davis Boulevard six - laning. Intersection analysis was performed as a result of the added First Assembly of God PUD traffic. Intersection analysis was performed at the intersection of Collier Boulevard and The Lord's Way /Inverness Club Drive as well as Rattlesnake Hammock Road and Collier Boulevard. In order to perform the necessary intersection analysis, it was necessary to determine the 2013 background AM and PM peak hour turning movements. Therefore, the turning movements indicated within Figure 2 were factored by the appropriate annual growth rate over a six (6) year period. The annual growth rates for Collier Boulevard (2.73 %) and Rattlesnake Hammock Road (3.56 %) were utilized in order to determine the 2013 background turning movements. The calculation to determine the background turning movements is indicated below for the AM peak hour southbound tlu•ough movement on Collier Boulevard at The Lord's Way: 2013 Turning Movement = 2008 Turning Movement) *((1 +AGR)12ois- 2oos)1 2013 Turning Movemeni = 1,701 vehicles)* ((1 + 0.0273)"') 1 2013 Turning Movement = 1,701 vehicles)* (l . ] 44) 2013 Turning Alovement = 1,946 vehicles The above illustrated calculation was applied to all of the turning movements indicated within Figure 2 in order to determine the 2013 background turning movements. The resultant 2013 background turning movements volumes are illustrated within Figure 6. The site traffic indicated within Figure 4 was then added to the 2013 background turning movements in order to determine the 2013 buildout turning movements at the area intersections. The resultant 2013 buildout turning movements are indicated within Figure 7. The appropriate lane arrangements and the turning movements indicated within Figure 7 at the Collier Boulevard/The Lord's Way /Inverness Club Drive intersection were inputted Page 17 LEGEND ♦ 000 WEEKDAY AM PEAK HOUR TRAFFIC \ 4- (000) WEEKDAY PM PEAK HOUR TRAFFIC 2013 BACKGROUND TRANSPORTATION TURNING MOVEMENTS Figure 6 I( CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 31368 TRANSPORTATION CONSULTANTS, INC. LEGEND -4- 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC 2013 BUILD -OUT TURNING MOVEMENTS FIRST ASSEMBLY OF GOD Figure 7 REVISED 313/08 Agenda Item No. 17J July 22, 2008 Page 178 of 315 TRANSPORTATION (� CONSULTANTS, INC. into the SYNCHRO software in order to perform the necessary intersection analysis at this location. The Rattlesnake Hammock Road /Collier Boulevard intersection was analyzed using the most recent version of the Highway Capacity Software, HCS +, The appropriate lane arrangements utilized in this analysis can be found in Figure 2A within the Appendix. It should be noted that the Collier Boulevard /The Lord's Way /Inverness Club Drive intersection was analyzed with only four -lanes of through traffic along Collier Boulevard due to the fact that SYNChIRO is not capable of analyzing unsignalized four- legged intersections on six -lane roadways. It should be noted that this intersection was also analyzed under signalized conditions with six -lanes on Collier Boulevard since this intersection is a potential signal location. The results of the intersection capacity analyses can be found within Table 6 below. Table 6 SYNCHRO/13CS Intersection Analysis Results First Assemblv of God PUD Based on the results of the intersection analysis listed above, the only Level of Service deficiencies are shown on the side street approaches at the Collier Boulevard/The Lord's Way /Inverness Club Drive intersection. The eastbound side street approach is shown to experience significant delays under background conditions. It should be noted that this intersection was analyzed based on a four -lane Collier Boulevard when this roadway will actually consist of six - lanes. Regardless, it is likely ihat a traffic signal will be required Page 20 Intersection, pprpac I ?B ck otind 8utlt�'out EB Approach LOS F I,OS E LOS F LOS F (59.2 sec) (49.2 see) (91.1 sec ) (165.8 see) WB Approach LOS D _ LOS E LOS F LOS F Collier Blvd @ 126.0 sec) 43.0 sec) 65.3 sec) (207.7 sec) NB left LOS C LOS C LOS C LOS C The Lord's Way (18.5 sec) (15.6 sec) (18.5 see) (15.6 see) SB left LOS B LOS C LOS B LOS D (1 1.4 sec) (17.5 sec) (12.9 sec) (25.8 sect _ ___ _ Collier Blvd @ The Lmd's Way N/A N/A LOS B LOS C (with Signal) (126 sec) (24.1 sec) Rattlesnake Hammock Rd @ LOS C LOS C LOS C LOS C Collier Blvd (32.7 see) (29 -3 sec) (33.3 sce) (29.6 sec) Based on the results of the intersection analysis listed above, the only Level of Service deficiencies are shown on the side street approaches at the Collier Boulevard/The Lord's Way /Inverness Club Drive intersection. The eastbound side street approach is shown to experience significant delays under background conditions. It should be noted that this intersection was analyzed based on a four -lane Collier Boulevard when this roadway will actually consist of six - lanes. Regardless, it is likely ihat a traffic signal will be required Page 20 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22.. 2008 Page 179 of 315 in order to provide sufficient capacity for all movements at the intersection. Should the traffic signal warrants be met, the Developer of the First Assembly of God PUD would be responsible for the proportionate share of the signalization costs. Preliminary turn lane analysis was performed at the intersection of Collier Boulevard with The Lord's Way. Currently, a 555 -foot southbound left turn lane and a 430 -foot northbound right turn lane exist on Collier Boulevard at The Lord's Way. Based on FDOT Index #301 for a roadway with a 60 mph design speed (5 mph higher than the speed limit), a 405 -foot taper +deceleration distance is required. Therefore, the northbound right turn lane is sufficient under existing conditions. Storage distance is required for the southbound left turn lane. According to the SYNCHRO analyses, the maximum 95`h percentile queue length for this movement is 40 feet under unsignalized conditions. Therefore, based on the unsignalized conditions at this location, the southbound left turn lane should consist of a minimum of 50 feet of storage length in order to accommodate the 95 °i percentile queue length indicated for the PM peak hour buildout conditions. However, based on potential signalization of this intersection, the following equation from the Plans Preparation Manual was utilized in order to determine the necessary queue length for the southbound left turn lane: (2 min ) *(DHV)* 25 ft Your veh) Q = where N Q = Storage DHV = Design Hour Volume N = Number of cycle our (use N = 30 for default) h (2minhour) *(94 veh *(25 ft l ll veh / Q 30 cycles our Q = 156.67 ft, so 175 ft for rounding to next vehicle Therefore, the total required southbound left turn lane length should the Collier Boulevard /The Lord's Way /Inverness Club Drive be signalized is 580 -feet. Thus, the existing 555 -foot southbound left turn lane should be lengthened a total of 25 -feet if, and Page 21 Agenda Item No. 17J July 22, 2008 Page 180 of 315 TRANSPORTATION CONSULTANTS, INC. only if, this intersection is signalized. Otherwise, the existing tum lane is sufficient to serve the proposed development traffic under unsignalized conditions, No additional turn lane improvements are required as a result of the added First Assembly of God PUD traffic. IX. CONCLUSION The subject parcel is located along the east side of Collier Boulevard at its intersection with The Lord's Way in Collier County, Florida. The surrounding roadway network was analyzed based on the 2013 buildout traffic conditions. As a result, all roadways were shown to operate acceptably after improvements currently planned for these roadways are completed. Specifically, Davis Boulevard will contain sufficient capacity after the six - laning of this roadway is completed. Regardless, mitigation of the traffic impacts associated with the proposed First Assembly of God PUD has been proposed in order to satisfy the requirements of Policies 5.1 and 5.2 of the Transportation Element of the Collier County Growth Management Plan. Specifically, the Developer of the First Assembly of God PUD has agreed upon three (3) specific measures of mitigation with County Staff in accordance with the requirements of the Comprehensive Plan Amendment previously approved by the Collier County Board of County Commissioners. First, the Developer has agreed to phase the construction of the multi - family units. Specifically, nearly half of the multi- family dwelling units (149 units) will not be constructed until the substantial completion of the Davis Boulevard widening. Secondly, the Developer has agreed to provide a reservation over The Lord's Way in an effort to dedicate this right -of -way to the County should Staff decide it is necessary to provide a public cast /west roadway to connect Collier Boulevard and a future nortb/south arterial the County is considering to the east of the subject site. Finally, the Developer has also agreed to proportionate share payments of a future traffic signal at the intersection of Collier Boulevard /The Lord's Way /Inverness Club Drive should the County decor signalization of this intersection necessary in the future. Page 22 TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 181 of 315 Intersection analysis was performed as a part of this report at the intersections of Collier Boulevard with The Lord's Way /Inverness Club Drive and Rattlesnake Hammock Road. The Collier Boulevard/The Lord's Way /Inverness Club Drive intersection is shown to require signalization in the 2013 traffic conditions in order for all turning movements to operate acceptably. The Developer of the First Assembly of God PUD would be responsible for the proportionate share of the signalization improvement at this location should the County deem signalization necessary. The existing turn lanes serving the First Assembly of God PUD are sufficient to serve the proposed PUD re- zoning under existing conditions. Therefore, no turn lane modifications are anticipated as a result of the proposed re- zoning. However, should signalization of the intersection of Collier Boulevard/The Lord's Way / hrverness Club Drive occur, the southbound left turn lane on Collier Boulevard would require an additional 25 -feet of storage for a total turn lane length of 580 -feet. Additionally, site related turn lane improvements that may be required along The Lord's Way upon the designation of this street as a public right -of -way would be performed at the Developer's expense. Regardless, the turn lane improvements will be reviewed again at the Site Development Plan (SDP) phase for this project. In closing, the proposed re- zoning of the First Assembly of God PUD is shown to satisfy the Collier County Growth Management Plan requirements indicated within the Transportation Element. Therefore, after the proposed six - laning of Davis Boulevard, the proposed phasing of the subject development, the reservation and subsequent donation of The Lord's Way to the County, and the proportionate share payment for potential signalization of the Collier Boulevard /The Lord's Way /Inverness Club Drive intersection, the surrounding roadway network will operate acceptably after the addition of the First Assembly of God PUD traffic. Page 23 Agenda Item No. 17J July 22. 2008 Page 182 of 315 APPENDIX Agenda Item No. 17J July 22. 2008 Page 183 of 315 TABLE 1A U H 1 w i a � 0 1 o < x d � F 1 O 1 f- 1 m 5 S w E E E � z> w 0 r J j m J U 6 U K a U U v E U U y1 z _ _ E P $ n 3 m m Kry = O V U Ll O K R n O w C Ir a y U � t7 z m a U p U ei W z U F (7 i 1 I I I I I m I m ~ N N T Q Z 4 z S w a I 1 I m I 1 e g 1 o Y U z W U g N W ry N 1 m I Z U OZ > F p U U r LLI K °� �+ ¢ z y y z z z r z z z :2T z Ei Q u W LU H o m - (L F LL C •- ry •- U Q Y w LL a Z Q [- o w u. 6 _ a o j F O O C V G 0 0 n U N F o N T Q ogj�o�o z zz oa o 00 O O rc z w >I m x x a a m U H 1 w i a � 0 1 o < x d � F 1 O 1 f- 1 Agenda Item No. 17J July 22.. 2DO8 ?age i84 of 315 � 5 S E E E z> w 0 z p u x p K U K a U U v E U U y1 z _ _ E P $ n 3 m m Kry = O V U Ll O K R Agenda Item No. 17J July 22.. 2DO8 ?age i84 of 315 Agenda Item No. 17J July 22. 2008 Page 185 of 315 FIGURES IA & 2A RADIO ROAD DAVIS BOULEVARD RATTLESNAKE HAMMOCK ROAD SITE THE LORD'S WAY n E3l793111 4- 000 AM PEAK HOUR PROJECT TRAFFIC. ♦(000) PM PEAK HOUR PROJECT TRAFFIC i1HQ: TRANSPORTATION PROJECT TRAFFIC ON IMPACTED ROADWAYS CONSULTANTS, INC. FIRST ASSEMBLY OF GOD Figure 1A REVISED 3/3/08 N.T.S. TRANSPORTATION LANE ARRANGEMENTS Figure 2A CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 3/3/09 Agenda item No. 17J July 22, 2008 Page 188 of 315 TURNING MOVEMENT COUNTS Agenda Item No. 17J July 22, 2008 Page 189 of 315 COLLIER BOULEVARD @ THE LORD'S WAY �j TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22. 2008 Page 190 of 315 DATE: January 17, 2008 DAY: THURSDAY COUNT TIME: 7:00 AM - 9:00 AM PEAK HOUR SUMMARY 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD C.R. 951 LORDS WAY COLLIER BOULEVARD (C.R. 951) & LORDS WAY BEGIN NORTHBOUND SOUTHBOUND EA5TBOUNU COLLIER BOULEVARD C.R. 9511 LORDS WAY SECTION LEFT INTER - 15 MIN LEFT NORTHBOUND TOTAL _ SOUTHBOUND THRU RIGHT EASTBOUND LEFT WESTBOUND TOTAL SECTION BEGIN LEFT THRU RIGHT TOTAL _SOUTHBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:OOAM 1 180 2 1B3 0 251 3 254 6 0 4 10 4 0 2 B 453 715 AM 1 190 D 191 16 298 2 316 3 0 2 5 0 0 0 0 512 7:30 AM 0 235 0 235 3 3B0 3 386 3 0 3 6 3 0 0 3 630 7:45 AM 3 248 2 253 1 422 3 42G 2 0 2 4 2 0 1 3 666 6:D0 AM 1 203 1 205 1 392 4 397 4 0 4 8 1 0 2 3 613 8d5 AM 1 242 0 243 1 352 4 357 4 0 3 7 1 0 0 1 608 8:30 AM 2 200 1 211 3 337 7 347 2 0 1 3 2 0 1 3 564 BA5 AM 5 220 0 233 4 391 3 398 5 1 2 B 1 -- 0 0 1 640 TOTAL: 14 1,734 6 1,154 29 2,823 29 2.881 29 1 21 51 14 0 6 1 20 4.]06 PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD C.R. 951 LORDS WAY COLLIER BOULEVARD (C.R. 951) & LORDS WAY BEGIN NORTHBOUND SOUTHBOUND EA5TBOUNU COWER BOULEVARD C.R. 951 LORDSWAY SECTION LEFT INTER. . HOUR LEFT — NORTHBOUND TOTAL _ SOUTHBOUND THRU RIGHT CASTDOUND LEFT WESTBOUND TOTAL SECTION BEGIN LEFT THRU RIGHT ITOTAL LEFT THRU RIGHT I TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:00 AM 5 853 4 862 20 1'351 11 7.382 14 0 11 25 9 0 3 12 2,281 7'.15AM 5 876 3 884 21 1,492 12 1,525 12 0 11 23 G 0 3 9 2,441 7'.30AM 5 928 3 936 6 1,546 14 1,566 13 0 12 25 7 0 3 10 2,537 7:45 AM 7 SDI 4 912 6 1.503 18 1,527 12 0 10 22 6 0 4 10 2,471 0 AM 9 SRI 2 892 9 1,472 IB 1,499 15 1 10 26 5 0 3 S 2,425 PEAK HOUR SUMMARY HOUR COLLIER BOULEVARD C.R. 951 LORDS WAY _ INTER - BEGIN NORTHBOUND SOUTHBOUND EA5TBOUNU WESTROUND I SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:3 AAM 5 928 3 936 1'46 14 I 1,566 13 0 12 1 25 ) 7 0 3 1 10 2,537 TRANSPORTATION CONSULTANTS, INC. 411111111111111 19 44, 13 Mt 2% 0, 0 W* 25 12 M0 Now Percents ( %) represent movement volumes divided by IM total ntersection traffic COLLIER BOULEVARD (C.R. 951) 2,510 99% I 1,566 January 17, 2008 944 1 COUNT TIME: 1 1 1,546 6 INTERSECTION: COLLIER BOULEVARD (C.R. 951) & LORDS a 4 Total Intersection Traffic Agenda Item No. 17J July 22, 2008 Page 191 of 315 DATE: January 17, 2008 DAY: THURSDAY COUNT TIME: 7:00 AM - 9:00 AM PEAK HOUR: 7:30 AM - 8:30 AM INTERSECTION: COLLIER BOULEVARD (C.R. 951) & LORDS WAY IL 3 4m 0 4mw ro 7 10 19 1% 9 5 928 3 Total Intersection Traffic 2,537 1 i 1,565 936 2,501 99% TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J ,July 22.. 2008 Page 192 of 315 DATE: January 17, 2008 DAY: THURSDAY COUNT TIME: 4:00 PM • 6:00 PM PEAK HOUR SUMMARY 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD JCJR. 951 COLLIER BOULEVARD (C.R. COLLIER BOULEVARD (C.R. 951) & LORDS WAY BEGIN NORTHBOUND SOUTHBOUND 11 EASTBOUND COLLIER BOULEVARD C.R. 957 COLLIER BOULEVARD (C.R. 951 LEFT LORDS WAY INTER. HOUR LEFT INTER. 15 MIN SOUTHBOUND THRV RIGHT EASTBOUND TOTAL WESTBOUND 1.492 7 SECTIO? BEGIN LEFT THRU RIGHT I TOTAL BEGIN LEFT NORTHBOUND LEFT THRU SOVTHBDVND TOTAL EASTBOUND 4:00 PM WESTBOUND 1,492 SECTION 1.508 LEFT THRU RIGHT I TOTAL LEFT GHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL TOTAL 4:00 PM 2 368 2 372 _THRU _RI 2 326 7 335 5 0 0 5 1 0 3 4 716 4:15 PM 3 414 2 419 0 352 11 363 8 0 2 10 3 0 3 6 798 4:30 PM 2 337 1 340 0 337 8 345 5 0 4 9 3 a 2 5 690 4:45 PM 2 373 2 377 2 304 7 313 3 0 5 8 1 0 4 5 703 5:00 PM 6 349 0 355 2 298 5 305 5 0 0 5 1 0 7 6 673 5:15 PM 7 409 4 420 0 277 11 288 6 0 4 10 1 0 3 4 722 5:30 PM 3 340 0 343 0 374 9 383 5 0 3 8 1 0 6 7 741 5:45 PM 1 342 0 343 1 282 13 296 1 4 0 5 0 1 0 0 f 649 TOTAL: 28 2,932 11 2,969 7 2,550 71 2,628 1 Al 0 23 64 72 0 28 40 1 1 5.701 PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD JCJR. 951 COLLIER BOULEVARD (C.R. 951) & LORDS WAY '"TER, BEGIN NORTHBOUND SOUTHBOUND 11 EASTBOUND COLLIER BOULEVARD C.R. 957 WESTBOUND LORDS WAY LEFT THRU RIGHT TOTAI-I LEFT INTER. HOUR LEFT NORTHBOUND I TITALI SOUTHBOUND THRV RIGHT EASTBOUND TOTAL WESTBOUND 1.492 7 SECTIO? BEGIN LEFT THRU RIGHT I TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL LEFT THRU RIGHT I TOTAL TOTAL 4:00 PM 9 1,492 7 1.508 4 1,319 33 1,356 21 0 11 32 8 0 12 2D 2.916 14:15 PM 13 1.473 5 1,491 4 1.291 31 1.326 21 0 11 32 8 0 16 24 2,873 X4:30 PM 17 1,468 7 1,492 4 1,216 31 1,251 19 0 13 32 6 0 16 22 2797 4,45 PM 5:00 PM 7 7.440 4 1,461 1 3 1,231 38 1272 20 0 12 32 4 0 16 20 2,085 PEAK HOUR SUMMARY HOUR COLLIER BOULEVARD JCJR. 951 LORDS WAY - '"TER, BEGIN NORTHBOUND SOUTHBOUND 11 EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAI-I LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TITALI LEFT THRV RIGHT TOTAL TOTAL 4AO PM 9 1.492 7 1,508 0 4 1,319 33 1,356 21 0 11 32 8 0 12 20 2,916 �j TRANSPORTATION CONSULTANTS, INC. 42 4 21 ey 3% 0111101 0 11 32 11 111111 Note: Percents I %) represent movement volumes divided by the total Intersection Iralric COLLIER BOULEVARD (C.R. 951) January 17, 2008 2,881 THURSDAY 99% 1,356 1,525 1 52 ■ l 1,319 4 1 q► Agenda Item No. 17J July 22. 2008 Page 153 of 315 DATE: January 17, 2008 DAY: THURSDAY COUNT TIME: 4:00 PM - 6:00 PM PEAK HOUR: 4:00 PM • 5:00 PM INTERSECTION: COLLIER BOULEVARD (C.R. 951) 8 LORDS WAY +1 1 1* 9 1,492 7 1 t 1,338 1,508 I 2,846 98% L12 «— 0 ♦— 4r 8 20 31 1% 11 Total Intersection Traffic 2,916 Aaenda Item No. 17J July 22, 2008 Page 194 of 315 COLLIER BOULEVARD @ RATTLESNAKE HAMMOCK ROAD TRANSPORTATION jt CONSULTANTS, INC. Agenda Item No. 17J July 22. 2008 Page 195 of 315 DATE: January 16, 2008 DAY: WEDNESDAY COUNT TIME: 7:00 AM • 9:00 AM PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER - BEGIN COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD HOUR SECTION LEFT COLLIER BOULEVARD C.R. 951 RATTLESNAKE HAMMOCK ROAD LEFT COLLIER BOULEVARD C.R.951 INTER. BEGIN RATTLESNAKE HAMMOCK ROAD NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND INTER. 15 MIN 703 1 LEFT THRU RIGNT TOTAL LEFT TNRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT 250 TOTAL TOTAL 7:00 AM 48 680 BEGIN 1 1.279 128 1.408 NORTHBOUND 0 SOUTHBOUND 2.380 7:15 AM EASTBOUND WESTBOUND 1 765 SECTION 143 1 106 250 2 0 LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:06 AM 7 133 0 140 0 307 30 337 35 0 20 55 0 0 0 0 532 1:15AM 11 181 1 193 0 336 35 371 41 0 21 69 0 0 0 0 633 7:30 AM 14 171 0 185 0 316 34 350 33 0 13 46 1 0 0 1 582 745 AM 16 195 0 211 1 320 29 350 33 0 38 71 1 0 0 1 633 &OD AM 20 156 0 176 1 277 40 318 36 1 27 64 0 0 D 0 558 8:15 AM 16 197 0 213 0 289 26 315 32 0 27 59 1 1 1 3 590 8:30 AM 13 195 0 208 0 292 33 325 26 0 15 41 0 0 0 0 574 B745AM 19 179 0 198 0 281 39 320 23 2 17 42 0 0 1 1 561 TOTAL: 116 1407 1 1,524 2 2,418 266 2886 259 3 185 447 3 1 2 6 4,663 PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER - BEGIN COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD SOUTHBOUND EASTBOUND HOUR SECTION LEFT COLLIER BOULEVARD C.R. 951 RATTLESNAKE HAMMOCK ROAD LEFT THRU RIGHT INTER. BEGIN TOTAL NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND TOTAL SECTION 703 1 LEFT THRU RIGNT TOTAL LEFT TNRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT 250 TOTAL TOTAL 7:00 AM 48 680 1 ]29 1 1.279 128 1.408 142 0 99 241 2 0 0 2 2.380 7:15 AM Dt ]03 1 765 2 1.249 130 1,389 143 1 106 250 2 0 0 2 2,406 7:30 AM 88 718 0 785 2 1,202 129 1,333 134 1 ID5 240 3 1 1 5 2,363 7:45 AM 85 743 0 808 2 1.118 128 1,300 127 1 107 235 2 1 1 4 2,355 B:OO AM 66 72] 0 795 1 1,139 138 1,278 117 3 86 208 1 1 2 4 2.283 PEAK HOUR SUMMARY HOUR COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGNT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:15 AM 61 703 1 ]B5 2 1,249 136 1,389 143 1 106 250 2 0 D 2 2,406 TRANSPORTATION CONSULTANTS, INC. 199 m* 43 Ot 19% 1 y 250 106 MV Note: P e1CC Ne (%) rep,eseiM1 movement volumes tlivitlea by the trial Wersealir. traRm Agenca;iem No. 17J July 22.. 2008 Page 196 of 315 DATE: January 16, 2008 DAY: WEDNESDAY COUNT TIME: 7:00 AM - 9:00 AM PEAK HOUR: 7:15 AM - 8:15 AM INTERSECTION: COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD COLLIER BOULEVARD (C.R. 951) 2,235 1 r 93% 61 703 1 I 1,389 8446 1 ■ 8 1,249 2 1 t► 0 2 r 2 b B �► 0% 4 ♦9 1 r 61 703 1 1 1,357 765 2,122 88% 0 2 r 2 b B �► 0% 4 �j TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 221 2008 Page 197 of 315 DATE: January 16, 2008 DAY: WEDNESDAY COUNT TIME: 4:00 PM - 6:00 PM PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER. BEGIN COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD WESTBOUND SECTION COLLIER BOULEVARD C.R. 9511 RATTLESNAKE HAMMOCK ROAD TOTAL COLLIER BOULEVARD C.R.951 INTER - HOUR RATTLESNAKE HAMMOCK ROAD TOTAL 4:45 PM k INTER. 1,152 1 1 /.2I1 2 936 207 BEGIN 1 356 NORTHBOUND 2,780 I SOUTHBOUND EASTBOUND WESTBOUND SECTION NORTHBOUND RIGHT I TOTAL SOUTHBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT EASTBOUND WESTBOUND 490 PM SECTION 1,341 LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL M 23 344 1 368 2 778 40 220 43 0 13 56 0 1 0 1 646 M 20 364 0 384 0 196 45 241 38 2 22 62 0 1 0 1 688 M [4:45 27 320 0 347 0 228 49 276 51 D 30 81 0 1 1 2 705 M 35 313 1 349 0 233 54 287 48 1 30 79 1 0 1 2 717 M 31 301 0 332 1 183 44 228 75 0 26 101 0 1 0 1 662 M 28 316 0 344 0 207 50 257 69 1 21 01 0 1 0 1 693 M 24 222 0 246 1 313 59 373 69 0 18 87 2 0 0 2 708 M 20 204 0 224 0 262 58 320 62 0 30 92 0 0 0 0 636 : 209 2.304 2 2,594 E 4 1,798 399 1 2,201 H 455 d 190 649 3 5 2 1 10 1 5.454 PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS HOUR COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER. BEGIN COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION COLLIER BOULEVARD C.R. 9511 RATTLESNAKE HAMMOCK ROAD TOTAL LEFT INTER - HOUR TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM k 11B 1,152 1 1 /.2I1 2 936 207 BEGIN 1 356 NORTHBOUND 2,780 I SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT I TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 490 PM 105 1,341 2 1,448 2 833 188 1,023 180 3 95 278 1 3 2 6 2,755 4ASPM 113 1,298 1 1412 1 838 192 1.031 212 3 10B 323 1 3 2 6 2,772 4:30 PM 121 1,250 1 1,372 1 1 849 197 1.047 243 2 1D7 352 1 3 2 6 2,777 445 PM 118 1.152 1 1,271 2 936 207 1,145 261 2 95 358 3 2 1 8 2,780 5:00 PM 103 1,043 0 1,146 2 __965 211 1.178 275 1 95 371 2 2 0 4 2.699 PEAK HOUR SUMMARY HOUR COLLIER BOULEVARD C.R.951 RATTLESNAKE HAMMOCK ROAD INTER. BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM k 11B 1,152 1 1 /.2I1 2 936 207 1,145 261 2 95 1 356 11 3 2 1 6 2,780 �j TRANSPORTATION K CONSULTANTS, INC. 327 � * 261 25% ®� 2 no 358 95 1 IJOIe: Percents (`/) represent movement volumes divided by the total intersection traffic Agenda Item No. 17J Juiy 22, 2008 Page 198 of 315 DATE: January 16, 2008 DAY: WEDNESDAY COUNT TIME: 4:00 PM • 6:00 PM PEAK HOUR: 4:45 PM • 5:45 PM INTERSECTION: COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD COLLIER BOULEVARD (C.R. 951) 2 2,559 92% `► I 1.145 1,414 1 1 7 936 2 1 `► ■ 118 1,152 1 1 1.034 1,271 2,305 83% L1 4M- 2 4-- Ir 3 11 0% 5 Agenda Item No. 17J July 22, 2005 Page 199 of 315 2006 FDOT TRAFFIC CD - 2006 PEAK SEASON FACTOR CATEGORY REPORT a a v ° a E U V O N � � w 41 O a v 0: u u 0 d K. W T O N 1+ O '3 ar v [. roa V O U oa yW U N b N W ra O o u mo wo N M N .. w 41 O b O o v 0 1+ N U W lr v U- r P N N .y ti oa b V II o C Il oc II NC II \ Ilr� II o u \� 11 o c II n II f I u II W V b A O c o11 oc II No II 10 "OC A \ I I � Il oc Y. 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'-� � rn r, N ni N O O N N N N tV O (+I M M V� P P O ✓1 ✓1 ill N 10 tU b l0 r r r r r OJ QJ m W O\ UI UI UI U O O O r4 ry '+ N N N N N OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOONN ,- I.- INNNNN ` i ri ,-1 'i .i M M - M Rl M M M a v' 4' C C v V m v v N ,n ✓) «l O N fn N v n, O ri m b 0, Agenda Item No. 17J July 22, 2008 Page 201 of 315 ANNUAL GROWTH RATE CALCULATIONS Agenda Item No. 17J July 22, 2008 Page 202 of 315 ANNUAL GROWTH RATE CALCULATIONS SAMPLE GROWTH RATE CALCULATION 2007 ADT "(1fyrs of Growth) Annual Growth Rate (AGR) - -1 Base Year ACT 57314 ^lull AGR (Collier Blvd) _ -1 56180 AGR (Collier Blvd) = 1.64% 2007 ANNUAL BASE YR TRAFFIC YRS OF GROWTH ROADWAY SEGMENT TRAFFIC VOLUME GROWTH RATE' Collier Boulevard N. of Davis Blvd 46582 49718 4 1.64% N. of Lords Way 38709 39767 1 2.73% N. of Rattlesnake Hammock 38709 39767 1 2.73% S. of Rattlesnake Hammock 27925 30641 4 2.34% County Barn Road N. of Rattlesnake Hammock 11354 11275 4 1 00% Davis Boulevard W. of Radio Road 14200 15667 4 2.49% W. of Collier Blvd 22920 24495 4 1.68% Radio Road W. of Davis Blvd 10008 11169 4 2.78% Rattlesnake Hammock W. of Collier Blvd 10051 10091 2 1,00% W. of County Barn Rd 14852 14604 4 1.00% For roadways with negative growth rates or growth rates below 1 %, an annual growth rate of 1.0% was assumed. ' All traffic volumes were taken from the 2007 Collier County Average Daily Traffic Report 'The annual growth rate on Collier Boulevard along the project 6ontage was determined based on one years worth of historical data dues to recent conslrucllon in the vicinity of the site SAMPLE GROWTH RATE CALCULATION 2007 ADT "(1fyrs of Growth) Annual Growth Rate (AGR) - -1 Base Year ACT 57314 ^lull AGR (Collier Blvd) _ -1 56180 AGR (Collier Blvd) = 1.64% Agenda Item No. 17J July 22, 2008 Page 203 of 315 AERIAL PHOTOGRAPH OF SUBJECT PARCEL Agenda ;tern No. 17J July 22, 2008 ?age 04 gf 315 a, I d y,r k u i1i 1 L Q { 1uj v{ E LI it F•Yr '[,r,....,,,,,�...CCCCCi •Kd�G O�i� i ,i J . vii Il ❑ ` 1 � 3 0 'F':Q if �: G'tjy''; sfi'3ryn g_bl •- r p ,x r{ y r. 741 c rr 77ry!!``SS.,•�rs J .tS ��i ` o yi iw ja OW ..0 /7rlJ `' kF . ylrr ", ,itJ rFd i r1 !. S �`tb�F✓li ++ �� '(.. 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'�t }r4A1r �}�� �s c j�V�• t ' 1'I' 1J4{"ki � v t "'�'�il,��'nfF l� ^ %rtL n l`• V w wJ 'lr 4 fil"I �y'F`'t�k mow, 4yi�?5 +ytJ Sti r"�i_ 1 o �St 1!r fjisFj ^�'k' rJ jp lip i rr ;Jxi°j yi j-rl l; V +?•f �Qf�e.il rli�f�� 4 a 1 r �r�'�� C Y %ry. c u hv� d M � '(rh -w•� r� } i 1 �� �fM�h t�hf ��`�l G`Ja '� {{ :- i a - ' t91�; C Y(4t.)/ 4y? ,+11.• 1 i 4ti W � k��'sYl r�� .� i5f tYi yh fi i �4i f44 /�y'SJ} i r� f a /t,r� kA'1i�fe s tii^ � #�P r; ykJ��a qf'i�• i ( -r i zl'`t> ' {'t1�'���r• *'y ii }y" >. :+ 7 i�4'/}� f rJ•rvr%'}..yy77�.'%r €1 rF' Ej f4t' A Y 1 lr Iµ7?rV',41e �' j4yf �• � �ff l ., ( '. �y ulJLrj J'�1 n:0. � L /. d 1 r iv 0 . 1 '3Y' f 4f•}'u �G��• .�t.,A � v {„uy r Vc � } � y,v di �. t fyyyP� : ct Cdr I it Agenda Item No. 17J July 22, 2008 Page 205 of 315 INTERSECTION ANALYSIS Agenda Item No. 17J July 22, 2008 Page 206 of 315 COLLIER BOULEVARD @ THE LORD'S WAY Agenda Item No. 117,1 July 22, 2008 Page 207 of 315 2013 BACKGROUND Lanes, Volumes, Timings 3: Inverness Club Drive & Collier Boulevard Lane Configurations Ideal Flow (vphpl) Storage Length (ft) Storage Lanes Turning Speed (mph) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Said. Flow (perm) Headway Factor Link Speed (mph) Link Distance (ft) Travel Time (s) Volume (vph) Peak Hour Factor Heavy Vehicles ( %) Adj. Flow (vph) Lane Group Flow (vph) Sign Control Agenda Item No. 17J July 22.. 2008 Page 208 of 315 2013 AM Background 3/4/2008 Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 67.8% Analysis Period (min) 15 First Assembly of God PUD Re -Zone Metro Transportation ICU Level of Service C Synchro 6 Report Page 1 4 r 4 r 'f +t r T? ir 1900 1900 1900 1900 1900 1900 1900 2000 1900 1900 2D00 1900 0 280 0 1000 0 0 555 445 0 1 0 1 1 1 1 1 15 9 15 9 15 9 15 9 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.850 0.850 0.850 0.850 0.950 0.950 0.950 0.950 0 1805 1515 0 1805 1615 1805 3725 1615 1805 3725 1615 0.950 0.950 0.950 0.950 0 1805 1615 0 1805 1615 1805 3725 1615 1805 3725 1615 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1:00 tb0 1.00 30 30 55 55 1032 1160 1240 1224 23.5 26.4 15.4 15.2 16 0 15 9 0 3 7 1168 3 8 1946 17 0,95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% 17 0 15 9 0 3 7 1229 3 8 2048 18 0 17 16 0 9 3 7 1229 3 8 2048 18 Stop Stop Free Free Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 67.8% Analysis Period (min) 15 First Assembly of God PUD Re -Zone Metro Transportation ICU Level of Service C Synchro 6 Report Page 1 Agenda Item No. 17J July 22, 2008 P e 209 of 3 5 HCM Unsignalized Intersection Capacity Analysis 2013 AM T ckground 3: Inverness Club Drive & Collier Boulevard 3/4/2008 t--,, --* r '- 4- 4� t `• 1 41 Lane Configurations 33 4 r 615 *IT r 'j Tf r I Sign Control' 17 Stop 7 0 stop 0 8 Free 0 0 Grade 16 0% 0 0 0% 3 0 0% 0 18 Volume (veh /h) 46 0 15 9 9 3 7 1168 3 8 Peak Hour Factor 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Hourly flow rate (vph) 17 0 16 9 0 3 7 1229 3 8 Pedestrians 59.2 25.0 18.5 0,0 0.0 0.0 11.4 0.0 0.0 0.0 Lane Width (ft) F D C B Walking Speed fts) 59.2 26.0 0.1 0.0 Percent Blockage F D Right turn flare (veh) 'b�G <� f 11 40 Median`type Raised Intersection Capacity Utilization 67.8% Raised Level of Service C Median storage veh) 3 15 3 Upstream:$ignal (ft) pX, platoon unblocked vC, conflicting volume 2696 3313 1024 2293 3327 615 2066 1233 vC1, stage 1 conf vol 2065 2065 1244 1244 vC2, stage 2 conf vol 631 1247 1049 2083 vCu, unblocked vol 2696 3313 1024 2293 3327 615 2066 1233 tC, single (s) 7.5 6.5 6.9 7.5 6.5 6.9 4.1 4.1 tC, 2 stage (s) 6.5 5.5 6.5 5.5 IF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 70 100 93 94 100 99 97 99 cM capacity (veh /h) 56 93 236 152 84 439 274 572 Free 0% 1948 17 0.95 0.95 2048 18 Volume Total 33 13 7 615 615 3 6 1024 1024 18 Volume Left 17 9 7 0 0 0 8 0 0 0 Volume Right 16 3 0 0 0 3 0 0 0 18 cSH 109 203 274 1700 1700 1700 572 1700 1700 1700 Volume to Capacity 0.30 0.06 0.03 0.36 0.36 0.00 0.01 0.60 0.60 0.01 Queue Length 95th (ft) 29 5 2 0 0 0 1 0 0 0 Control Delay (s) 59.2 25.0 18.5 0,0 0.0 0.0 11.4 0.0 0.0 0.0 Lane LOS F D C B Approach Delay (s) 59.2 26.0 0.1 0.0 Approach LOS F D 'b�G <� f Average Delay 0.7 Intersection Capacity Utilization 67.8% ICU Level of Service C Analysis Period (min) 15 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Lanes, Volumes, Timings 3: Inverness Club Drive & Collier Boulevard t --t Lane Configurations + r Ideal Flow (vphpl) 1900 1900 1900 Storage Length (ft) 0 1900 280 Storage Lanes 0 1900 1 Turning Speed (mph) 15 0 9 Lane Util. Factor 1.00 1.00 1,00 Frt 445 0.850 Flt Protected 1 0.950 Satd. Flow (prot) 0 1805 1615 Flt Permitted 0.950 15 Said. Flow (perm) 0 1805 1615 Headway Factor 1.00 1.00 1.00 Link Speed (mph) 0.95 30 1.00 Link Distance (ft) 1.00 1032 Travel Time (s) 23.5 0.850 Volume (vph) 26 0 14 Peak Hour Factor 0.95 0.95 0.95 Heavy Vehicles ( %) 0% 0% 0% Adj. Flow (vph) 27 0 15 Lane Group Flow (vph) 0 2.7 15 Sign Control Stop Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 66.0% Analysis Period (min) 15 First Assembly of God PUD Re -Zone Metro Transportation Agenda Item No. 17J July 22. 2008 Page 210 of 15 2013 PM Background 3/4/2008 <` '- t '� T i` �► 1 J ICU Level of Service C Synchro 6 Report Page 1 1900 1900 1900 1900 2000 1900 1900 2000 1900 0 1000 0 0 555 445 0 1 1 1 1 1 15 9 15 9 15 9 1.00 1.00 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.850 0.850 0.850 0.950 0.950 0.950 0 1805 1615 1805 3725 1615 1805 3725 1615 0.950 0.950 0.950 0 1805 1615 1805 3725 1615 1805 3725 1615 1.00 1.0D 1.00 1.00 1.00 1.00 1.00 1.00 1.00 30 55 55 1160 1240 1224 26.4 15.4 15.2 10 0 15 11 1878 9 5 1660 41 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0% 0% 0% 0% 2% 0% 0% 2% 0% 11 0 16 12 1977 9 5 1747 43 0 11 16 12 1977 9 5 1747 43 Stop Free Free ICU Level of Service C Synchro 6 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 3: Inverness Club Drive & Collier Boulevard Lane Configurations Sign Control Grade Volume (veh /h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft), pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) IF (s) p0 queue free % cM capacity (veh /h) Agenda Item No. 171 July 22, 2008 Page 211 of 315 2013 PM Background 3/4/2008 -' -► 1986 988 `- �- 4\ t t* `► 1 2.2 94 97 98 249 350 294 5 0 0 0 Volume Right 15 16 0 i' 0 9 it 0 0 43 cSH 131 151 350 Stop 1700 1700 Stop 1700 1700 Free Volume to Capacity 0.32 Free 0.03 0.58 0% 0.01 0.02 0% 0.51 0.03 0% 32 15 0% 0 26 0 14 10 0 15 11 1878 9 5 1660 41 0.95 0.95 0.95 0,95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 27 0 15 11 0 16 12 1977 9 5 1747 43 Raised 3 2777 3767 1758 1758 1019 2009 2777 3767 7.5 6.5 6.5 5.5 3.5 4.0 68 100 85 83 11 Raised 3 874 2892 3801 2000 2000 892 1801 874 2892 3801 6.9 7.5 6.5 6.5 5.5 3.3 3.5 4.D 95 83 100 297 60 83 40 988 1791 1986 988 1791 1986 6.9 4.1 41 3.3 2.2 2.2 94 97 98 249 350 294 volume total 42 26 12 988 988 9 5 874 874 43 Volume Left 27 11 12 0 0 0 5 0 0 0 Volume Right 15 16 0 0 0 9 0 0 0 43 cSH 131 151 350 1700 1700 1700 294 1700 1700 1700 Volume to Capacity 0.32 0.17 0.03 0.58 0.58 0.01 0.02 0.51 0.51 0.03 Queue Length 95th (ft) 32 15 3 0 0 0 1 0 0 0 Control Delay (s) 49.2 43.0 15.6 0.0 0.0 0.0 17.5 0.0 0.0 0.0 Lane LOS E E C C Approach Delay (s) 49.2 43.0 0.1 0.1 Approach LOS E E Average Delay 0.9 Intersection Capacity Utilization 66.0% ICU Level of Service C Analysis Period (min) 15 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Agenda item No. 17J July 22, 2008 Page 212 of 315 2013 BUILDOUT Lanes, Volumes, Timings 3: Inverness Club Drive & Collier Boulevard Lane Configurations Ideal Flow (vphpl) Storage Length (ft) Storage Lanes Turning Speed (mph) Lane litil. Factor Frt Fit Protected Said. Flow (prot) Flt Permitted Said. Flow (perm) Headway Factor Link Speed (mph) Link Distance (ft) Travel Time (s) Volume (vph) Peak Hour Factor Heavy Vehicles ( %) Adj. Flow (vph) Lane Group Flow (vph) Sign Control Agenda Item No. 17J July 22, 2008 Page 213 of 315 2013 AM Bu out 3/4/2008 t -1, -,* r .- t 4\ t /' '-* 1 d 1900 1900 1900 1900 1900 1900 1900 -2 00 1900 19 0 200 1900 0 280 0 1000 0 0 555 445 0 1 0 1 1 1 1 1 15 9 15 9 15 9 15 9 1,00 1.00 1.00' 1.00 1,.00 1.00 1.00 0:95 1•.OD 1.00 0.95 1.00 0.850 0.850 0.850 0.850 0.950 0,950 0.950 0.050 0 1805 1615 0 1805 1615 1805 3725 1615 1805 3725 1615 0.950 0.950 0.950 0.950 0 1805 1615 0 1805 1615 1805 3725 1615 1805 3725 1615 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1:00 1.00 30 30 55 55 1032 1160 - 1240 1224 23.5 26.4 15.4 15.2 16 0 15 103 0 98 7 1168 73 78 1946 17 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% 17 0 16 108 0 103 7 1229 77 82 2048 18 0 17 16 0 108 103 7 1229 77 82 2048 18 Stop Stop Free Free Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 76.8% Analysis Period (min) 15 First Assembly of God PUD Re -Zane Metro Transportation ICU Level of Service D Synchro 6 Report Page 1 Ioenda Item No. 17J July 22. 2008 Pace Pa 214of315 HCM Unsignalized Intersection Capacity Analysis 2013 Ark Bulldout 3: Inverness Club Drive & Collier Boulevard 3/4/2008 Lane Configurations a' r 4 r 40 Tt r Median type TT r Sigh'Gontrol Stop Stop Median storage veh) Free Free Grade 0% 0% 0% 0% pX, platoon unblocked Volume (veh /h) 16 0 15 103 0 98 7 1168 73 78 1946 17 Peak Hour Factor 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Hourly (low rate (vph) 17 0 16 108 0 103 7 1229 77 82 2048 18 Pedestrians Lane Width (ft) Walking Speed (fUs) Percent Blockage Right turn flare (veh) 11 40 Median type Raised Raised Median storage veh) 3 3 Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 2894 3534 1024 2441 3475 615 2066 1306 vC1, stage 1 conf vol 2213 2213 1244 1244 vC2, stage 2 conf vol 6B1 1321 1196 2231 vCu, unblocked vol 2894 3534 1024 2441 3475 615 2066 1306 IC, single (s) 7.5 6.5 6.9 7.5 6.5 5.9 4,1 4.1 tC, 2 stage (s) 6.5 5.5 6.5 5.5 tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2 p0 queue free % 56 100 93 14 100 77 97 85 cM capacity (veh /h) 39 65 235 126 60 439 274 537 pl r�of© ft�ka[] 1aQ1f1 1I�B1i'ig�'�dN�L#ffBk4�1 ;2 5731�I Volume Total 33 212 7 615 615 77 82 1024 1024 18 Volume Left 17 108 7 0 0 0 82 0 0 0 Volume Right 16 103 0 0 0 77 0 0 0 18 cSH 75 245 274 1700 1700 1700 537 1700 1700 1700 Volume to Capacity 0.44 0.86 0.03 0.36 0.36 0.05 0.15 0.60 0.60 0.01 Queue Length 95th (ft) 44 176 2 0 0 0 13 0 0 0 Control Delay (s) 91,1 65.3 16.5 0.0 0.0 0.0 12.9 0.0 0.0 0.0 Lane LOS F F C B Approach Delay (s) 91.1 65.3 0.1 0.5 Approach LOS F F ^ j "�fT�i nlet�a�,t gfyt �7 br K� LL 9k d b { �h �$L fi47kJ> Ramp F Average Delay 4.9 Intersection Capacity Utilization 76.8% ICU Level of Service D Analysis Period (min) 15 First Assembly of God PUD Re-Zone Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 17J July 22. 2008 Page 215 of 315 Lanes, Volumes, Timings 2013 PM Buildout 3: Inverness Club Drive & Collier Boulevard 3/4/2008 Lane Configurations +T 4 if 'j T? r I ff 7 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 2000 " 1900 1900 2D00 1900 Storage Length (ft) 0 280 0 1000 0 0 555 445 Storage Lanes 0 1 0 1 1 1 1 1 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Facto ,r 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 1.00 1.00 0.95 1.00 Frt 0.850 0.850 0.850 0.850 Flt Protected 0.950 0.950 0.950 0.950 Satd. Flow (prof) 0 1805 1615 0 1805 1615 1805 3725 1615 1805 3725 1615 Flt Permitted 0.950 0.950 0.950 0.950 Said. Flow (perm) 0 1805 1615 D 1805 1615 1805 3725 1615 1805 3725 1615 Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 55 55 Link Distance (ft) 1032 1160 1240 1224 Travel Time (s) 23.5 26.4 15.4 15.2 Volume (vph) 26 0 14 80 0 85 11 1878 98 94 1660 41 Peak Hour Factor 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0,95 0.95 0.95 Heavy Vehicles ( %) 0% 0 % 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% Adj. Flow (vph) 27 0 15 64 0 89 12 1977 103 99 1747 43 Lane Group Flow (vph) 0 27 15 0 84 89 12 1977 103 99 1747 43 Sign Control Stop Stop Free Free Area Type: Other Control Type: Unsignalized Intersection Capacity Utilization 75.6% ICU Level of Service D Analysis Period (min) 15 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 HCM Unsignalized Intersection Capacity Analysis 3: Inverness Club Drive & Collier Boulevard Lane Configurations Sign Control Grade Volume (veh /h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (fUs) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf Vol vC2, stage 2 conf Vol vCu, unblocked Vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh /h) Agenda Item No. 17J July 22, 2008 Pane 216 of 315 2013 PIVI Buildout 3/4/2008 A r +T 12 'f tt r 'S tt IN Stop Volume Left Stop 84 12 Free 0 0 Free 0 0% 0 0% 15 89 0% 0 0 0% 0 26 0 14 80 0 85 11 1878 98 94 1660 41 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 27 0 15 84 0 89 12 1977 103 99 1747 43 11 40 Raised Raised 3 3 3002 4048 1945 1945 1056 2103 3002 4048 7.5 6.5 6.5 5.5 3.5 4.0 24 100 36 2 874 3079 3988 2000 2000 1079 1988 874 3079 3988 6.9 7,5 6.5 6.5 5.5 33 3.5 4.0 95 0 100 297 58 52 988 1791 988 1791 6.9 4,1 3.3 2.2 64 97 249 350 9 2080 4.1 2.2 63 271 Volume Total 42 174 12 988 988 103 99 874 874 43 Volume Left 27 84 12 0 0 0 99 0 0 0 Volume Right 15 89 0 0 0 103 0 0 0 43 cSH 55 119 350 1700 1700 1700 271 1700 1700 1700 Volume to Capacity 0.76 1.46 0.03 0.58 0.58 0.06 0.37 0.51 0.51 0.03 Queue Length 95th (ft) 81 305 3 0 0 0 40 0 0 0 Control Delay (s) 165.8 207.7 15,6 0.0 0.0 0.0 25.8 0.0 0.0 0.0 Lane LOS F F C D Approach Delay (s) 165.8 207.7 0.1 1,4 Approach LOS F F IriiErseoto ilin a Average Delay 10.9 Intersection Capacity Utilization 75.6% ICU Level of Service D Analysis Period (min) 15 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 17J July 22, 2008 Page 217 of 315 2013 BUILDOUT WITH TRAFFIC SIGNAL Lanes, Volumes, Timings 3: Inverness Club Drive & Collier Boulevard Agenda Item No. 17J July 22, 2008 Page 218 of 315 2013 AM Buildout with Signal 3/412008 M aasoa 0 . ,, IT�� Lane Configurations ttt r 'ITT r Ideal Flow (VOIJI) 1900 1906 1900 1900 1900 1900 1900 2000 1900 1900 2000 1900 Storage Length (ft) 0 280 0 1000 0 0 555 445 Storage Lanes 0 1 0 1 1 1 1 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1,00 1.00 1.00 0.91 1.00 1.00 0.91 1.00 Frt 0.850 0.850 0.85D 0.850 Flt Protected 0.950 0.950 0.950 0.950 Satd. Flow (prot) 0 1805 1615 0 1805 1615 1805 5353 1615 1805 5353 1615 Flt Permitted 0.687 0.746 0,950 0.950 Said. Flow (perm) 0 1305 1615 0 1417 1615 1805 5353 1615 1805 5353 1615 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 16 103 77 18 Headway Factor 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 55 55 Link Distance (ft) 1032 1160 1240 1224 Travel Time (s) 23.5 26.4 15.4 15.2 Volume (vph) 16 0 15 103 0 98 7 1168 73 78 1946 17 Peak Hour Factor 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Heavy Vehicles ( %) 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% Adj. Flow (vph) 17 0 16 108 0 103 7 1229 77 82 2048 18 Lane Group Flow (vph) 0 17 16 0 108 103 7 1229 77 82 2048 18 Turn Type pm +pt Perm pm +pt Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 1 6 Permitted Phases 4 4 8 8 2 6 Minimum Split (s) 8.0 20.0 20,0 8.0 20J 20.0 8.0 20.0 20.0 8.0 20.0 20.0 Total Split (s) 8.0 20.0 2.0.0 8.D 20.0 20.0 8.0 36.0 36.0 16.0 44.0 44.0 Total Split ( %) 10.0% 25.0% 25.0% 10.0% 25.0% 25.0% 10.0% 45.0% 45.0% 2U% 55.0% 55.0% Maximum Green (s) 4.0 16.0 16.0 4.0 16.0 16.0 4.0 32.0 32.0 12.0 40.0 40.0 Yellow Time (s) 3.5 3.5 3.5 3.5 3.5 15 3.5 3.5 3.5 3.5 3.5 3.5 All -Red Time (s) 0.5 0.5 0,5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Lead /Lag Lead Lag Lag Lead Lag Lag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dent Walk (s) 11,0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls (4/hr) 0 0 0 0 0 0 0 0 Act Effct Green (s) 20.0 16.0 20.0 16,0 4.0 32.0 32.0 12.0 40.0 40..0 Actuated g/C Ratio 0.25 0,20 0.25 0.20 0.05 0.40 0.40 0.15 0.50 0.50 v/c Ratio 0.05 0.05 0.29 0.25 0.08 0.57 0.11 0.30 0.77 0.02 Control Delay 20.4 13.0 24.0 7.9 38.1 20.0 4.5 33.8 18.6 4.9 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 20.4 13.0 24.0 7.9 38.1 20.0 4.5 33.8 18.6 4.9 LOS C B C A D C A C B A Approach Delay 16.8 16.2 19.2 19.1 Approach LOS B B B B Queue Length 50th (ft) 6 0 40 0 3 170 0 37 286 0 Queue Length 95th (ft) 20 16 79 39 16 213 25 78 347 10 Internal Link Dist (ft) 952 1080 1160 1144 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Area Type: Other Cycle Length: 80 Actuated Cycle Length: 80 Offset: 0 (0 %), Referenced to phase 2.NBT and 6:SBT, Start of Green Natural Cycle: 65 Control Type: Pretimed Maximum v/c Ratio: 0.77 Intersection Signal Delay: 18.9 Intersection LOS: B Intersection Capacity Utilization 61.4% ICU Level of Service B Analysis Period (min) 15 Splits and Phases: 3: Inverness Club Drive & Collier Boulevard 01 I o2 f, 03 4' 04 16s 36s: as S Agenda Item No. 17J 4\ 05 {{ + 06 o7 03. 0s. 44s .. '., 8s1 20s':...- July 22, 2008 Page 219 of 315 Lanes, Volumes, Timings 2013 AM Buildout with Signal 3: Inverness Club Drive & Collier Boulevard 3/412008 4 Turn, Bay Lenglii (ft) ':.. ,).. , 280.... 1000 ' ` 5 S . _... 445 Base Capacity (vph) 351 336 374 405 90 2141 692 271 2677 817 Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 Reduced v/c Ratio 0.05 0.05 0.29 0.25 0.08 0.57 0.11 0.30 0.77 0.02 Area Type: Other Cycle Length: 80 Actuated Cycle Length: 80 Offset: 0 (0 %), Referenced to phase 2.NBT and 6:SBT, Start of Green Natural Cycle: 65 Control Type: Pretimed Maximum v/c Ratio: 0.77 Intersection Signal Delay: 18.9 Intersection LOS: B Intersection Capacity Utilization 61.4% ICU Level of Service B Analysis Period (min) 15 Splits and Phases: 3: Inverness Club Drive & Collier Boulevard 01 I o2 f, 03 4' 04 16s 36s: as S 20s 4\ 05 {{ + 06 o7 03. 0s. 44s .. '., 8s1 20s':...- First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 2 Agenda Item No. 17J July 22. 2008 Page 220 of 315 HCM Signalized Intersection Capacity Analysis 2013 AM Buildout with Signal 3: Inverness Club Drive & Collier Boulevard 3/4/2008 Lane Configurations 4 jr 4 r Vi TTT Ideal Flow (vphpl) 1900 1906 1900 1900 1900 1900 1900 2000 1900 1900 2000 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 1.00 1,00 1.00 0.91 1.00 1.00 0.91 1.00 Frt 1.00 0.85 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 D.95 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Said, Flow (prot) 1805 1615 1805 1615 1805 5353 1615 1805 5353 1615 Flt Permitted 0.69 1.00 05 1,00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 1306 1615 1418 1615 1805 5353 1615 1805 5353 1615 Volume (vph) 16 0 15 103 0 98 7 1168 73 78 1946 17 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Ad). Flow (vph) 17 0 16 108 0 103 7 1229 77 82 2048 18 RTOR Reduction (vph) 0 0 13 0 0 82 0 0 46 0 0 9 Lane Group Flow (vph) 0 17 3 0 108 21 7 1229 31 82 2048 9 Heavy Vehicles ( %) 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% Turn Type pm +pt Perm pm +pt Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 1 6 Permitted Phases 4 4 8 8 2 6 Actuated Green, G (s) 20.0 16.0 20.0 16.0 4.0 32.0 32.0 12.0 40.0 40.0 Effective Green, g (s) 20.0 16.0 20.0 16.0 4.0 32.0 32.0 12.0 40.0 40.0 Actuated g/C Ratio 0.25 0.20 0.25 0.20 0.05 0.40 0.40 0.15 0.50 0.50 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Grp Cap (vph) 351 323 374 323 90 2141 646 271 2677 808 v/s Ratio Prot 0.00 c0.01 0.00 0.23 c0.05 c0.38 v/s Ratio Perm 0.01 0.00 c0.06 0.01 0.02 0.01 v/c Ratio 0.05 0.01 0.29 0.06 0.08 0.57 0.05 0.30 0.77 0.01 Uniform Delay, d1 22.8 253 24,3 25.9 36.2 18.7 14.7 30.3 16.2 10.1 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 0.3 0.1 1.9 0.4 1.7 1.1 0.1 2.9 2.1 0.0 Delay (s) 23.0 25.7 26.2 26.3 37.9 19.8 14.8 33.1 18.3 10.1 Level of Service C C C C D B B C B B Approach Delay (s) 24.3 26.3 19.6 18.8 Approach LOS C C B B In"GE i'N'th"T Nl_ ' r'iptiea r'.i 9 etp S HCM Average Control Delay 19.6 HCM Level of Service B HCM Volume to Capacity ratio 0.59 Actuated Cycle Length (s) 80.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 61.4% ICU Level of Service B Analysis Period (inin) 15 c Critical Lane Group First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 17J July 22, 2008 Page 221 of 315 Lanes, Volumes, Timings 2013 PM Buildout with Signal 3: Inverness Club Drive & Collier Boulevard 3/4/2008 -' --* --t f- *-- t ti t `► 1 .1 Lane Configurations 4 if 4 P I ttt IN ) ttf r ideal Flow 1900 1900 1900 1900 1900 1900 1900 2000 1900 1900 2000 1900 Storage Length (ft) 0 280 0 1000 0 0 555 445 Storage Lanes 0 1 0 1 1 1 1 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.91 1.00 1.00 0,91 1.00 Frt 0.850 0.850 0.850 0.850 Flt Protected 0.950 0,950 0.950 0.950 Satd. Flow (prot) 0 1805 1615 0 1805 1615 1805 5353 1615 1805 5353 1615 Flt Permitted 0.702 0.740 0.950 0,950 Said. Flow (perm) 0 1334 1615 0 1406 1615 1805 5353 1615 1805 5353 1615 Right Turn on Red Yes Yes Yes Yes Satd. Flow (RTOR) 15 89 103 43 Headway Factor 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 Link Speed (mph) 30 30 55 55 Link Distance (ft) 1032 1160 1240 1224 Travel Time (s) 23.5 26.4 15.4 15.2 Volume (vph) 26 0 14 80 0 85 11 1878 98 94 1660 41 Peak Hour Factor 0,95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Heavy Vehicles ( %) 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% _ Adj. Flow (vph) 27 0 15 84 0 89 12 1977 103 99 1747 43 Lane Group Flow (vph) 0 27 15 0 84 89 12 1977 103 99 1747 43 Turn Type pm +pt Perm pm +pt Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 1 6 Permitted Phases 4 4 8 8 2 6 Minimum Split (s) 8.0 20.0 20.0 8.0 20.0 20.0 8.0 20.0 20.0 8.0 20.0 20.0 Total Split (s) 6.0 20.0 20.0 8.0 20.0 20.0 8.0 32.0 32.0 10.0 34.0 34.0 Total Split ( %) 11.4% 28.6% 28.6% 11.4% 28.6% 28.6% 11.4% 45.7% 45.7% 14.3% 48.6% 48.6% Maximum Green (s) 4.0 16.0 16.0 4.0 16.0 16.0 4.0 28.0 28.0 6.0 30.0 30.0 Yellow Time (s) 3.5 3.5 3.5 3.5 3,5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 All -Red Time (s) 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Lead /Lag Lead Lag Lag Lead Lag Lag Lead Lag Lag Lead Lag Lag Lead -Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Walk Time (s) 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Flash Dont Walk (s) 11.0 11.0 11.0 11.0 11.0 11.0 11.0 11.0 Pedestrian Calls ( # /hr) 0 0 0 0 0 0 0 0 Act Effct Green (s) 20.0 16.0 20.0 16.0 4.0 28.0 28.0 6.0 30.0 30.0 Actuated g/C Ratio 0.29 0.23 129 0.23 0.06 0.40 0.40 0.09 0.43 0.43 v/c Ratio 0.07 0.04 0.20 0.20 0.12 0.92 0.15 0.64 0.76 0.06 Control Delay 16.0 11.4 17.6 7.1 34.0 29.1 3.8 51.9 19.7 4.5 Queue Delay 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Delay 16.0 11.4 17.6 7.1 34.0 29.1 3.8 51.9 19.7 4.5 LOS B B B A C C A D B A Approach Delay 14.4 12.2 27.9 21.0 Approach LOS B B C C Queue Length 50th (ft) 8 0 24 0 5 286 0 42 224 0 Queue Length 95th (ft) 23 14 53 32 21 #397 26 #107 279 16 Internal Link Dist (ft) 952 1080 1160 1144 First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 17J July 22. 2008 Page 2j? of 315 Lanes, Volumes, Timings 2013 PM Buildout with Signal 3: Inverness Club Drive & Collier Boulevard 314/2006 I Urh bay Length (tt) z:su f� u3 ;ruvu- 105 -' ,32s - IBs - - Duu ago Base Capacity(vph) 408 381 425 438 103 2141 708 155 2294 717 Starvation Cap Reducth 0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 Storage Cap Reducth 0 0 0 0 0 0 0 0 0 0 Reduced We Ratio 0.07 0.04 0.20 020 0.12 0.92 0.15 0.64 0.76 0.06 Area Type: Other Cycle Length: 70 Actuated Cycle Length: 70 Offset; 0 (0 %), Referenced to phase 2:NBT and 6:SBT. Start of Green Natural Cycle: 70 Control Type: Pretimed Maximum v/c Ratio: 0.92 Intersection Signal Delay: 24.0 Intersection LOS: C Intersection Capacity Utilization 60.8% ICU Level of Service B Analysis Period (min) 15 # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. Anlilc anri Phagass 3, Inverness Cluh Drive & Collier Boulevard 01 II o2 f� u3 ';' o4 105 -' ,32s - IBs 20s "7 '~ os 9S 1 1134 -s:- I.0s.. _._t20s First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 2 Agenda Item No. 17J July 22, 2008 Page 223 of 315 HCM Signalized Intersection Capacity Analysis 2013 PM Buildout with Signal 3: Inverness Club Drive & Collier Boulevard 3/4/2008 --* -I. 'i (" `- '\ t P 1 1 Lane Configurations 24.1 HCM Level of Service C 4 r Actuated Cycle Length (s) 4 r ) Tt? r I ttt r Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 2000 1900 1900 2000 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 0.91 1.00 1.00 0.91 1.00 Frt 1.00 0.85 1,00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 0.95 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prof) 1805 1615 1805 1615 1805 5353 1615 1805 5353 1615 Flt Permitted 0.70 1.00 0.74 1.00 0.95 1.60 1.00 0.95 1.00 1.00 Said. Flow (perm) 1335 1615 1405 1615 1805 5353 1615 1805 5353 1615 Volume (vph) 26 0 14 80 0 85 11 1878 98 94 1660 41 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 195 0.95 0.95 0.95 0.95 0,95 Adj. Flow (vph) 27 0 15 84 0 89 12 1977 103 99 1747 43 RTOR Reduction (vph) 0 0 12 0 0 69 0 0 62 0 0 25 Lane Group Flow (vph) 0 27 3 0 84 20 12 1977 41 99 1747 18 Heavy Vehicles ( %) 0% 0% 0% 0% 0% 0% 0% 2% 0% 0% 2% 0% Turn Type pm +pt Perm pm +pt Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 1 6 Permitted Phases 4 4 8 8 2 6 Actuated Green, G (s) 20.0 16.0 20.0 16.0 4.0 28.0 28.0 6.0 30.0 30.0 Effective Green, g (s) 20.0 16,0 20.0 16.0 4.0 28.0 28.0 6.0 30.0 30.0 Actuated g/C Ratio 0.29 0.23 0.29 0.23 0.06 0.40 0.40 0.09 0.43 0.43 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Grp Cap (vph) 408 369 424 369 103 2141 646 155 2294 692 v/s Ratio Prot 0.00 c0.01 0.01 c0.37 c0.05 0.33 v/s Ratio Perm 0.02 0.00 c0.05 0.01 0.03 0.01 v/c Ratio 0.07 0.01 0.20 0.06 0.12 0.92 0.06 0.64 0.76 0.03 Uniform Delay, d1 18.2 20.9 18.9 21.1 31.3 20.0 12.9 31.0 17.0 11.6 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 0.3 0.0 1.0 0.3 2.3 8.2 0.2 18.4 2.5 0.1 Delay (s) 18.5 20.9 20.0 21.4 33.6 28.2 13.1 49.4 19.4 11.6 Level of Service B C B C C C B D B B Approach Delay (s) 19.4 20.7 27.5 20.8 Approach LOS B C C C y s SunrL1[L$Qt§ it HCM Average Control Delay 24.1 HCM Level of Service C FICM Volume to Capacity ratio 0.62 Actuated Cycle Length (s) 70.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 60.8% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group First Assembly of God PUD Re -Zone Synchro 6 Report Metro Transportation Page 1 Agenda Item No. 17J July 22, 2008 Page 224 of 315 COLLIER BOULEVARD @ RATTLESNAKE HAMMOCK ROAD Agenda Item No. 17J July 22, 2008 Page 225 of 315 2013 BACKGROUND fort Report Agenda Item Nq, 17J July 22 1 of 1 SHORT REPORT ,eneral Information Site Information analyst RLP Agency or Co, TR Transportation )ate Performed 3/4/2008 'ime Period AM Peak Hour ntersection Rattlesnake Rd @ Collier Blvd Area Type All other areas Jurisdiction Collier County Analysis Year 2013 Background Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT I TH RT LT TH RT Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 .ane Group L T R L T R L T R L T R Volume (vph) 165 1 123 2 0 0 77 864 1 2 1572 174 ✓o Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 3HF 0.95 0.95 F 0.95 1 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed /Actuated (PIA) A A A A A A A A A A A A itartup Lost Time 2.0 2.0 20 2.0 2.0 1 2.0 2.0 2.0 2.0 2.0 1 2.0 2,0 Extension of Effective Green 2.0 2.0 2.0 2.0 20 2.0 2.0 2.0 2.0 2.0 2.0 2.0 \rrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 oed /Bike /RTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 _ane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N 0 N N 0 N N 0 N parking /Hour 3us Stops /Hour 0 0 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 �Ihasing Excl. Left EB Only Thru & RT 04 Excl. Left NB Only Thru & RT 08 G= 8.0 G= 10.0 G= 11.0 G= G= 8.0 G= 10.0 G= 45.0 G= Timing Y= 7 IY= 0 Y= 7 IY= IY= 7 Y= 0 IY= 7 IY= Duration of Analysis (hrs) = 0.25 C cle Len th Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB 4djusted Flow Rate 174 1 129 2 0 0 81 931 1 2 1655 183 Lane Group Capacity 716 326 277 118 171 145 716 2326 726 118 1903 1016 ✓/c Ratio 0.24 0.00 0.47 0.02 0.00 0.00 0.11 0.40 0.00 0.02 0.67 0.18 Green Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 Jniform Delay d1 39.6 40,9 44.5 52.3 149,5 149.5 38.5 21.6 17.6 52.3 134. 8 8.7 Delay Factor k 0.11 0.11 0.11 0,11 0.11 0.11 0.11 0.11 0.11 0.11 0,40 0.11 ncremental Delay d2 0.2 00 1.2 01 0.0 0.0 0.1 0.1 0,0 0.1 4.7 0.1 PF Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Control Delay 39.8 40.9 45.7 52.4 49.5 49.5 38.6 21.7 17.6 52.4 39.4 818 Lane Group LOS D D D D D D D C B D D A Approach Delay 42.3 52.4 23.0 36.4 Approach LOS D D C D Intersection Delay 32.7 Intersection LOS C opyright 0 2005 University of Florida, All Rights Reserved HCSy1M Version5.21 Generated: 314/2008 7:45 AM file:HCADocuments and Settings \rlp \Local Settings \Temp \s2k46.tmp 3/4/2008 fort Report Agenda Jul 2q, 17J y 2 I of 1 Y �� SHORT REPORT - general Information Site Information nalyst RLP Agency or Co. TR Transportation )ate Performed 3/4/2008 'ime Period PM Peak Hour Intersection Rattlesnake Rd @ Collier Blvd Area Type All other Jurisdiction Collieer ry C Countounty Analysis Year 2013 Background Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT I TH I RT LT TH RT Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 .ane Group L T R L T R L T R L T R Volume (vph) 302 2 110 3 2 1 149 1450 1 2 1178 261 rp Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Dretimed /Actuated (PIA) A A A A A A A A A A A A itartup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 lrrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 1 3.0 3.0 3.0 3.0 3.0 3,0 3.0 3.0 3.0 3,0 Ded /Bike /RTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 _ane Width 12.0 12.0 12.0 12.0 12.0 1 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N 0 N N 0 N N 0 N irking /Hour 3us Stops /Hour 0 0 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 Ohasing Excl. Left EB Only Thru & RT 04 Excl. Left NB Only Thru & RT 08 G= 8.0 G= 10.0 G= 11.0 G= G= 8.0 G= 10.0 G= 45.0 G= Timing Y= 7 IY= 0 Y= 7 IY= IY= 7 Y= 0 IY= 7 1Y= duration of Analysis hrs = 0.25 Cycle Length C = 1.20.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB adjusted Flow Rate 318 2 116 3 2 1 157 1526 1 2 1240 275 '.ane Group Capacity 716 326 277 118 171 145 716 2326 726 118 1903 1016 do Ratio 0.44 0.01 0.42 0.03 0.01 0.01 0.22 0.66 0.00 0.02 0.65 0.27 Green Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 Jniform Delay d1 41.4 40.9 44.1 52.4 49.6 49.5 39.4 25.2 17.6 52.3 31.0 9.3 Delay Factor k 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.23 0.11 0.11 0.23 0.11 ncremental Delay d2 0.4 0.0 1.0 0.1 0.0 0.0 0.2 0.7 0.0 0.1 0.8 0.1 PF Factor 1.000 1.000 1.000 1.000 1.000 11.000 1.000 1.000 1.000 1.000 1.000 1.000 control Delay 41.9 40.9 45.1 52.4 49.6 149.6 39.6 25.9 17.6 52.4 31.8 9.5 ane Group LOS D D D D D D D C B D C A ?proach Delay 42.7 51.0 27.1 27.8 approach LOS D D C C Intersection Delay 29.3 Intersection LOS C )pyrighl ® 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 3/4/2008 7:49AM file: / /C: \Documents and Settings \rlp \Local Settings \"temp \s2lc46.tmp 3/4/2008 Agenda Item No. 17J July 22, 2008 Page 228 of 315 2013 B UILDOUT sort Report Agenda Item Nq, 17J July 22, r2B88 1 of 1 SHORT REPORT v" -3eneral Information Site Information ,alyst RLP Agency or Co. TR Transportation )ale Performed 31412008 ime Period AM Peak Hour Intersection Rattlesnake Rd @ Collier Blvd Area Type All other areas Jurisdiction Collier County Analysis Year 2013 Buildout Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT TH RT LT TH RT Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 _ane Group L T R L T R L T R L T R Volume (vph) 200 1 123 2 0 0 77 912 1 2 1610 221 /o Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 13HF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 pretimed /Actuated (P /A) A A A I A A A A A A A A A startup Lost Time 2.0 2.0 2.0 1 2.0 2.0 2.0 2.0 2.0 1 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 \rrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 °ed /Bike /RTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 _ane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N 0 N N 0 N N 0 N rking /Hour pus Stops /Hour 0 0 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 3hasirg I Excl. Left EB Only Thru & RT 04 1 Excl. Left NB Only Thru & RT 1 08 Timing G= 8.0 G= 10.0 G= 11.0 1 G= G= 8.0 G= 10.0 G= 45.0 G= Y= 7 Y= 0 Y= 7 Y= Y= 7 Y= 0 Y= 7 IY= duration of Analysis (hrs) = 0.25 C cle Len th C = 120.0 _ Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB 4djusted Flow Rate 211 1 129 2 0 0 81 960 1 2 1695 233 '_ane Group Capacity 716 326 277 118 171 145 716 2326 726 118 1903 1016 ✓/c Ratio 0.29 0.00 0.47 0.02 0.00 0.00 0.11 0.41 0.00 0.02 0.89 0.23 Green Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 Jniform Delay di 40.1 40.9 44.5 52.3 49.5 49.5 38.5 21.7 17.6 52.3 35.2 9.0 Delay Factor k 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.41 0.11 ncremental Delay d2 0.2 0.0 1.2 0.1 0.0 0.0 0.1 0.1 0.0 0.1 5.7 0.1 PF Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Control Delay 140.3 40.9 45.7 52.4 497 49.5 38.6 21.8 17.6 52.4 40.9 9.1 _ane Group LOS D D D D D D D C B D D A preach Delay 42.3 52.4 23.1 37.1 approach LOS D D C D Intersection Delay 33,3 Intersection LOS C opyright 0 2005 University of Florida, All Rights Reserved HCS +TIO Version 5.21 Generated: 3/4/2008 7:46 AM fileWCADocunlents and Settings \rlp \Local Settings \Temp \s2k46.tmp 3/4/2008 hort Report Agenda Item No. 17J July 22.ft@ 1 of 1 SHORT REPORT 3eneral information Site Information Analyst RLP Agency or Co. TR Transportation )ate Performed 31412008 ime Period PM Peak Hour Intersection Rattlesnake Rd @ Collier Blvd Area Type All other areas County Jurisdiction Collier County Analysis Year 2013 8uildout Volume and Timing Input EB WB NB SIB LT TH RT LT TH RT LT I TI-I RT LT TH RT Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 _ane Group L T R L T R L T R L T R Volume(vph) 346 2 110 3 2 1 149 1485 1 2 1206 296 YD Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 P H F 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 pretimed /Actuated (PIA) A A A A A A A A A A A A Startup Lost Time 2.0 2.0 2.0 2.0 1 2.0 1 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 1 2.0 2.0 2.0 2.0 2.0 2.0 2.0 arrival Type 3 3 1 3 3 3 3 3 3 3 3 snit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 °ed /Bike /RTOR Volume 0 0 0 0 0 0 0 0 0 0 _ane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 $33 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N 0 N N N 0 N 'arkir lour Sus Stops /Hour 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 �hasin I Excl. Left EB Only Thru & RT 04 Excl. Left NB Only Thru & RT 08 G= 8.0 IG= 10.0 G= 11.0 I G= JG= 8.0 G= 10.0 IG= 45.0 G= (Timing Y= 7 IY= 0 Y= 7 Y= IY= 7 Y= 0 IY= 7 1Y= Duration of Analysis hrs = 0.25 Cycle Len th C Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB %djusted Flow Rate 364 2 116 3 2 1 157 1563 1 2 1269 312 '_ane Group Capacity 716 326 277 118 171 145 716 2326 726 118 1903 1016 i/c Ratio 0,51 0.01 0.42 0.03 0.01 0.01 0.22 0.67 0.00 0.02 0.67 0.31 Green Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 Jniform Delay d1 42.1 40.9 144.1 52.4 49.6 49.5 39.4 25.4 17.6 52.3 31.3 9.6 Delay Factor k 0.12 0.11 0.11 0.11 0.11 0.11 0.11 0.24 0.11 0.11 0.24 0.11 ncremental Delay d2 0.6 0.0 1,0 0.1 0.0 0.0 0.2 0.8 0.0 0.1 0.9 0.2 PF Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 control Delay 42.7 40.9 145.1 52.4 49.6 49.6 39.6 26.2 17,6 52,4 32.2 9.8 _ane Group LOS D D D D D D D C B D C A Approach Delay_ 43.2 51.0 27.4 27.8 approach LOS D D C C Intersection Delay 29.6 _ Intersection LOS C )pyright 0 2005 University of Florida, All Rights Reserved HCS +T14 Version 5.21 Generated: 3/40008 1'.48 AN file: / /C:ADocuments and Settings \rlp \Local Sett ings\Temp \s2k46. till p 3/4/2008- Agenda Item No. 17J July 22. 2008 Page 231 of 315 RESPONSE TO INITIAL COUNTY COMMENTS TRANSPORTATION CONSULTANTS, INC. August 31, 2007 Mr. Robert Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 RE: First Assembly of God PUD Application # 12043 Dear Mr. Duane: Agenda Item No. 17J Jul 22, 2008 13661 PLriw�. Tp�p�, �q# n FORT YERS, FL 33912 -4339 OFFICE 239.276.3090 FAX 239.276.1906 TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS /DESIGN TR Transportation Consultants, Inc. has reviewed the comments issued by Collier County Staff for the proposed First Assembly of God PUD Re- zoning on Collier Boulevard at The Lord's Way. The comments and TR Transportation's response to those comments are listed below for reference. 1) Turn Lanes (LDC 10.02.05; Ord. 2003 -37) (Note: This informational comment has been placed as a rejection comment to be sure the applicant is made aware of it. The reject status for this checklist item can be changed upon acknowledgement by the applicant.) Transportation Division does not require turn lanes on private roadways, however the applicant should note that he /she will be responsible for site related improvements upon the dedication of this roadway to the Public. If turn lanes are warranted, the County shall not be held responsible for the construction of those turn lanes to serve this site. If a further agreement has been reached with regard to the acceptance of this RIW by the County that nullifies this comment, then the applicant should include that agreement in his next submittal. Acknowledged. Any necessary tan lanes on The Lord's Way will be constructed at the expense of the Developer. 3) TIS Requirements (LDC 6.02.03 D.1 -7, TIS Guidelines) No TIS was distributed until 8 /10/07 for Transportation review. Per notes from Planning Dept, personnel, the TIS submitted must be consistent with GMPA application no. CP- 2005 -13 (which is not provided). Furthermore, the land use codes demonstrated in the TIS must be consistent with the proposed uses listed in the PUD. With regard to the TIS (which may be subject to further from additional staff, the following comments must be addressed. The TIS and the land use codes are consistent with the T1S that was submitted for the GMP Amendment indicated above. TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 233 of 315 Mr. Robert Duane, AICP First Assembly of God PUD August 31, 2007 Page 2 1) Please show justification for internal capture. No documentation is provided, only a statement that staff agreed to the internal capture at a methodology meeting. The internal capture reduction for the First Assembly of God PUD was negotiated as a part of the GMP Amendment TIS previously approved by Collier County, and it was revisited as a part of the methodology meeting for the proposed PUD re- zoning. The First Assembly of God PUD is a unique development. As such, the ITB Trip Generation Report, 7°i Edition does not contain a specific land use that would encompass the entire First Assembly of God PUD. Mixed use developments such as the First Assembly of God PUD have a tendency to impact the adjacent roadway network significantly less than a series of stand alone uses. The First Assembly of God development currently serves a variety of purposes ranging from typical church related uses to on site substance abuse rehabilitation. In particular, the substance abuse rehabilitation facility houses patients on site and provides the patients with several necessary amenities. Shuttles are provided to the patients that provide them with group transportation to /from commercial developments for shopping purposes. The group transportation provided by the First Assembly of God is only one (l) example of how the site functions as a mixed use project. Based on the logical interaction between the various uses on the site, Staff felt compelled to agree with the Developer and his Team on percentages of the site related traffic that will likely be captured internally. The exact same reduction percentages were assumed at both the GMP Amendment stage as well as the proposed PUD Re- zoning. It is important to note that the internal capture reductions were not applied to the new residential use shown as a part of the proposed Re- zoning, only the church related uses. No changes to the previous analysis have been made as a result of this comment. 2) No analysis for the project trips at the intersections of CR -951 and Davis, nor CR -951 and Rattlesnake have been provided. The Developer may be required to contribute fair share towards the planned improvements at these intersections. The analyses must be included in the report. Analysis has been added for the intersection of Collier Boulevard and Rattlesnake Hammock Road. However, the proposed First Assembly of God PUD does not significantly impact either Davis Boulevard to the west of Collier Boulevard (based on six -lane conditions) or Collier Boulevard to the north of Davis Boulevard, so no intersection analysis is required at this location. Currently, Rattlesnake Hammock Road is under four - laning construction. As a result, it is not practical to collect data at this time. Therefore, a PM peak hour turning movement count performed in April 2006 was reviewed in order to perform an intersection analysis at this location. The turning movements indicated within this turning movement count were factored by the appropriate peak season correction factor (1.03) and annual growth rates (3.56% on TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22. 2008 Page 234 of 315 Mr. Robert Duane, AICP First Assembly of God PUD August 31, 2007 Page 3 Rattlesnake Hammock Road and 2.73% on Collier Boulevard) in accordance with the original TIS in order to determine the 2007 peak season turning movements at the Collier Boulevard /Rattlesnake Hammock Road intersection. Figure 2 from the original TIS has been revised to reflect the Collier Boulevard /Rattlesnake Hammock Road intersection. In addition to Figure 2, the site traffic assignment (Figure 4), the 2013 background turning movements (Figure 6), and the 2013 buildout turning movements (Figure 7) were also revised to reflect the intersection of Rattlesnake Hammock Road and Collier Boulevard. The turning movements indicated within Figures 6 and 7 were inputted into the HCS+ software in accordance with the methodology within the original report in order to determine the delay and Level of Service at the Collier Boulevard /Rattlesnake Hammock Road intersection. As a result, no Level of Service deficiencies were shown at this intersection. As such, no improvements to this intersection will be required at this time as a result of the proposed First Assembly of God PUD. 3) The project trip generation (as demonstrated minus internal capture) disagrees with the intersection analysis shown on Table 7. There is no Table 7 in the original report, so it was assumed that the comment referred to Figure 7. The volumes in Figure 7 reflect the addition of the volumes within Figure 4 to the volumes within Figure 6. Existing traffic is shown on The Lord's Way as a result of the turning movement count performed for this project. In order to perform a "worst case" analysis, the existing traffic was assumed as background even though this traffic is associated with the overall First Assembly of God site. Regardless, no Level of Service deficiencies were shown at this location. 4) Trips on Davis Boulevard are not stated by the report. This roadway segment currently fails and is not under contract to be constructed nor has the DCA been finalized. The DCA on Davis Boulevard was finalized as a part of the January 23, 2007 Collier County Board of County Commissioners meeting. As a result, the County intends to have substantial completion of the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Road by 2009, well within the three (3) year window in which improvements can be assumed completed. Additionally, it is important to note that the Developer of the First Assembly of God PUD has agreed to offer The Lord's Way to the County in order to provide a future public east /west roadway that can provide a connection between Collier Boulevard and a future north/south arterial the County is considering to the east of the subject site. Furthermore, as a result of the GMP Amendment approval obtained on the subject site, the residential units were restricted to prohibit the construction of 146 multi- family units on the site until such time as the Davis Boulevard six - laning is substantially completed, thus limiting the projects impact on Davis Boulevard even frlr'ther. TRANSPORTATION CONSULTANTS, INC. Agenda Item No. 17J July 22, 2008 Page 235 of 315 Mr. Robert Duane, AICP First Assembly of God PUD August 31, 2007 Page 4 Regardless, a consistency analysis was performed as a part of the original report. As a result of the consistency analysis, sufficient capacity was shown on a six -lane Davis Boulevard after the addition of the proposed development related traffic in the year 2013. Therefore, no additional mitigation is required as a result of the proposed First Assembly of God PUD. If you have any additional questions, please do not hesitate to contact me. Sincerely, Robert L. Price, PE ed B. Treesh Senior Transportation Consultant President Agenda Item No. 17J Page LEGEND !— 000 WEEKDAY AM PEAK HOUR TRAFFIC A- -(000) WEEKDAY PM PEAK HOUR TRAFFIC 2007 PEAK SEASON TURNING MOVEMENTS TRANSPORTATION FIgUf@ 2 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 8129/07 mausenmi 15 LEGEND /- 000 WEEKDAY AM PEAK HOUR TRAFFIC 4-(000) WEEKDAY PM PEAK HOUR TRAFFIC SITE TRAFFIC ASSIGNMENT TRANSPORTATION FIgUC@ CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 8/29/07 LEGEND !- 000 WEEKDAY AM PEAK HOUR TRAFFIC ` f (000) WEEKDAY PM PEAK HOUR TRAFFIC 2013 BACKGROUND TRANSPORTATION TURNING MOVEMENTS Figure 6 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 8129107 LEGEND !- 000 WEEKDAY AM PEAK HOUR TRAFFIC 4-(000) WEEKDAY PM PEAK HOUR TRAFFIC LV I UV IL V'VV i TRANSPORTATION TURNING MOVEMENTS Figure 7 CONSULTANTS, INC. FIRST ASSEMBLY OF GOD REVISED 8129107 Aoenda Item No. 17J July 22. 2008 Page 240 of 315 PROJECT: F0512.D7 DATE: 411!2006 DAY: TUESDAY WEATHER: ----- .. - - -. COUNT TIME: 4:DO PM - 6:00 PM HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD BEGIN SECTION - ._ 915 PM f79 1326 1 1508 6 974 222 1142 213 1 115 ]31 7 10 43 GO 3039 4:30 PM 170 1318 0 1466 4 925 225 1154 211 6 126 343 0 0 46 62 3D47 4:45 PM 164 1256 D 1420 4 930 224 1150 213 5 125 343 14 64 55 133 3054 5:00 PM 152 1235 D 1307 2 _ 941 235 1170 208 4 ti5 387 11 59 40 110 3070 PEAK HOUR 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS HOUR C LLIER BOULEVARD FR.961 COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD NORTHBOUND SOUTHBOUND EA6TBDUNO 15 MIN SECTION COLLIER BOULEVARD jc.R, 9511 RIGHT TOTAL LEFT THRU RIGHT TOTAL RATTLESNAKE HAMMOCK ROAD TOTAL 4:00 PM INTER BEGIN 226 116fi NORTHBOUND 6 Ii 51 70 _ SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT _THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:00 PM 42 342 0 3114 1 247 61 300 54 1 22 77 3 2 12 17 787 4:15 PM 49 358 1 408 2 224 44 270 57 0 25 82 0 3 4:30 PM 42 300 0 350 1 225 67 293 61 1 44 106 2 1 3 14 6 17 766 766 4.45 PM 49 335 0 384 2 238 54 294 50 1 24 75 3 5 22 30 783 5:00 PM 39 325 0 304 1 227 57 285 45 1 22 fie 2 1 4 7 724 5:15 PM 40 350 0 390 0 235 47 282 55 3 36 94 1 1 6 8 774 5:30 PM 36 246 0 282 1 230 66 297 63 0 43 106 B 57 23 88 773 5145 PM 37 314 _ 0 351 0 240 65 314 45 0 74 119 0 0 15 15 799 TOTAL: 334 2578 1 2913 B 1875 461 2344 930 7 290 727 19 70 99 1110 6T72 HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS COLLIER BOULEVARD (C.R. 951) & RATTLESNAKE HAMMOCK ROAD BEGIN SECTION - ._ 915 PM f79 1326 1 1508 6 974 222 1142 213 1 115 ]31 7 10 43 GO 3039 4:30 PM 170 1318 0 1466 4 925 225 1154 211 6 126 343 0 0 46 62 3D47 4:45 PM 164 1256 D 1420 4 930 224 1150 213 5 125 343 14 64 55 133 3054 5:00 PM 152 1235 D 1307 2 _ 941 235 1170 208 4 ti5 387 11 59 40 110 3070 PEAK HOUR SUMMARY HOUR C LLIER BOULEVARD FR.961 -- RATTLESNAKE HAMMOCK ROhD INTER BEGIN NORTHBOUND SOUTHBOUND EA6TBDUNO WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:00 PM 182 1343 1 1526 6 934 226 116fi 222 3 1I5 340 6 Ii 51 70 3102 COLLIER BOULEVARD (C.R. 951) 2702 LOCATION: COLLIER BOULEVARD (C.R. 951) 8 RATTLESNAKE HAMM( ^ DATE: 411112006 DAY: TUESDAY 38% i PEAK HOUR: 4:00 PM - 5:00 PM 1166 v I v 226 934 6 I � I s I RATTLESNAKE HAMMOCK ROAD v 14% 419 < - - -- 759 222 ---A 340 - - - - - -> 3 --- - - - - -> 11% 115 - -- - - -v vole: Percents I %) represent movement volulnee divided by the total Intersection traffic 52% 1616 Aaenda Item No. 17J V July 22. 2008 Page 241 of 315 " - - - - -- 51 2% 0% 80 � � I � 162 � I I 1343 1 I v I 1057 1526 34% 49% v 2583 Aaenda Item No. 17J V July 22. 2008 Page 241 of 315 " - - - - -- 51 2% 0% 80 Agenda Item No. 17J SHORT REPORT General Information Site Information 4nalyst RLP Agency or Co. TR Transportation Date Performed 812912007 Time Period PM Peak Hour Intersection Rattlesnake Rd @ Collier Blvd Area Type All other areas Jurisdiction Collier County Analysis Year 2013 Background Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT TH RT LT TH RT I Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 "_are Group L T R L T R L T R L T R /olume (vph) 290 5 150 10 15 65 225 1670 5 f0 1160 280 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 aHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed /Actuated (P /A) A A A A A A A A A A A A >tartup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 .xtension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2,0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Wt Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Ped /Bike /RTOR Volume 0 0 0 0 0 0 G 0 0 0 0 0 ane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 120 12.0 12.0 'arking /Grade /Parking N 0 N N 0 N N 0 N N 0 N Parking /Hour pus Stops /Hour 0 0 0 0 0 0 0 0 0 0 0 0 - linimum Pedestrian Time 3.2 3.2 1 3.2 1 3.2 Phasin Excl. Left EB Onl Thru & RT 04 Excl. Left NB Only Thru & RT 08 iming G= 8.0 G= 10.0 G= 11.0 G= G= 8.0 G= 10.0 G= 45.0 G= Y= 7 Y= 0 Y= 7 Y= Y= 7 Y= 0 IY= 7 1Y= Duration of Anal sis (hrs) = 0.25 Cycle Length C = 120.0 .ane Group Capacity, Control Delay, and LOS Determination EB WB NS SB djusted Flow Rate 305 5 158 11 16 68 237 1758 5 11 1221 295 Lane Group Capacity 716 326 277 118 171 145 716 2326 T726 118 1903 1016 'c Ratio 0.43 0.02 0.57 0.09 0.09 10.47 0.33 0.76 0,01 0.09 0.64 0.29 careen Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 "niform Delay di 41.3 40.9 45.4 52.6 49.9 51.7 40.4 26.9 17.7 52.6 30.9 9.5 elay Factor k 0.11 0.11 0.16 0.11 0.11 0.11 0.11 0.31 0.11 0.11 0.22 0.11 Incremental Delay d2 0.4 0.0 2.8 0.3 0.2 2.4 0.3 1.5 0.0 0.3 0.7 0.2 F Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Control Delay 41.7 41.0 48.2 52.9 50.2 54.1 40.7 28.4 17.7 52.9 31.6 9.6 ane Group LOS D D D D D D D C B D C A ,pproach Delay 43.9 53.3 29.8 27.5 °pproach LOS D D C C tersection Delay 31.1 Intersection LOS C ;,pynght C zuuo university or Florida, All Rights Reserved HCS +1M Version 5.2 Generated: 812912007 4:58 PM Agenda Item No. 17J SHORT REPORT General Information Site Information ialyst RLP gency or Co. TR Transportation Date Performed 8/29/2007 lime Period PM Peak Hour Intersection Rattlesnake Rd @ Collier Blvd Area Type All other areas Jurisdiction Collier County Analysis Year 2013 Buildout Volume and Timing Input EB WB NB SIB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 2 1 1 1 1 1 2 3 1 1 3 1 ane Group L T R L T R L T R L T R /olume (vph) 335 5 150 10 15 65 225 1705 5 10 1185 315 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 'HF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed /Actuated (P /A) A A A A A A A A A A A A itartup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 xtension of Effective Green 2.0 2.0 2.0 2.0 2.0 1 2.0 2.0 2.0 1 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 3 3 3 3 3 3 Jnit Extension 3.0 3.0 3.0 1 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Ped /Bike /RTOR Volume 0 0 0 0 0 0 0 0 0 0 0 0 .ane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 larking /Grade /Parking N 0 N N 0 N N 0 N N 0 N -Parking/Hour as Stops /Hour 0 0 0 0 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing Excl. Left EB Only Thru & RT 04 Excl. Left NB Only Thru & RT 08 -iming G= 8.0 IG= 10.0 G= 11.0 JG= G= 8.0 G= 10.0 IG = 45.0 IG= Y= 7 lyz 0 Y= 7 IY= IY= 7 Y= 0 Y= 7 IY= Duration of Anal sis (hrs) = 0.25 Cycle Length C = 120.0 _ane Group Capacity, Control Delay, and LOS Determination EB WB NB SB \djusted Flow Rate 353 5 158 11 16 68 237 1785 5 11 1247 332 Lane Group Capacity 716 326 277 118 171 145 716 2326 726 118 1903 1016 ,/c Ratio 0.49 0.02 10.57 10.09 0.09 0.47 0.33 0.77 0.01 0.09 0.66 0.33 Green Ratio 0.21 0.17 0.17 0.07 0.09 0.09 0.21 0.46 0.46 0.07 0.38 0.64 'Jniform Delay di 41.9 40.9 45.4 52.6 49.9 51.7 40.4 27.2 17.7 52.6 31.1 9.7 -)elay Factor k 0.11 0.11 0.16 0.11 0.11 0.11 0.11 0.32 0.11 0.11 0.23 0.11 Incremental Delay d2 0.5 0.0 2.8 0.3 0.2 2.4 0.3 1:7 0.0 0.3 0.8 0.2 IF Factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 11.000 11,000 1.000 1.00 11.000 Control Delay 42.4 41.0 48.2 52.9 50.2 54.1 40.7 28.9 17.7 52.9 31.9 9.9 .ane Group LOS D D D D D D D C B D C A - *\pproach Delay 44.2 53.3 30.2 27.5 pproach LOS D D C C ntersection Delay 31.4 Intersection LOS C :opyright ® 2005 University of Florida, All Rights Reserved HCS +TM Version 5.2 Generated: 8/29/2007 4:55 PM Agenda Item No. 17J July 22.. 2008 Page 244 of 315 Moved from Item #17B D. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) Ordinance 2007 -28 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. Resolution 2007 -38 Re- appointing James A. Pusateri and John Barlow - Adopted 5/0 B. Appointment of member to the Radio Road Beautification Advisory Comrnittee. Resolution 2007 -39 Appointing David R. Clemens - Adopted 5/0 C. Appointment of member to the Lake Trafford Restoration Task Force. Resolution 2007 -40 Appointing David Bishof - Adopted 5/0 D. A Resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the State Legislators' efforts regarding state insurance reform. (Commissioner Coyle) Resolution 2007 -41 Adopted - 5/0 10. COUNTY MANAGER'S REPORT This item to be heard at 1.05 p.m. This item was continued from the January 23 2007 BCC Meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and 10B) Chairman suggested that items #8B, 410A and #10B be voted on all at once: Approved with Item #8B and Item #10B - 5/0 B. This item to be heard at 1.05 p.m. This item was continued from the January 23 2007 BCC Meetinu, Recommendation to approve a Page 7 February 13, 2007 Agenda Item No. 17J July 22. 2008 Page 245 of 315 EMAIL CORRESPONDENCE WITH COUNTY STAFF REGARDING THE USE OF THE UNIVERSITY /COLLEGE LAND USE FOR TRIP GENERATION R- 12043; First Asscnlbly of God Price, Robert From: PodczerwinskyJohn [John Podczerwinsky @colliergov.net] Sent: Monday, March 03, 2008 11:08 AM To: Price, Robert Cc: GreeneMichael Subject: AR- 12043; First Assembly of God a Agenda Item No July 22. 64 1 of 1 Page 246 of 315 referencing this morning's phonecall, go ahead and use LUC 550 (Univ /College) for the trip generation instead of LUC 535 (K•12 'rivate School). I've verified this with Nick, that we want to use the LUC with the higher PM Peak impacts for consistency review. .,so, after reviewing the data plot's in ITE, I agree that the average rate (T= 0.21x)should be used due to the constant that is used ;T=O. 19x + 125.35) (it seems to weight the fitted curve for a school that is significantly larger than 300 students). ,e copied Mike Greene on this in case he has any disagreement on this part of the methodology. tanks, lohn Al Podezerivfusky roject Manager, ransportatiw: Planning 3/3/2008 Aaenda Item No. 17J July 22, 2008 Page 247 of 315 TRIP GENERATION EQUATIONS Agenda Item No. 17J July 22. 2008 Page 248 of 315 TRIP GENERATION EQUATIONS FIRST ASSEMBLY OF GOD PUD ITE TRIP GENERATION REPORT, 7"' EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Weekday Residential Condominium (LUC 230) Lit (T) = 0.80 Ln (X) + 0.26 Ln (T) = 0.82 Ln (X) + 0.32 Ln (T) = 0.85 Ln (X) + 2.55 17 %entering 83 %exiting 67 %entering I 33 %exiting T =Trips, X= dwelling units Congregate Care Facility T 0.06 (X) T = 0.17 (X) T = 2 02 (X) (LUC 253) 59 %entering 42 %exitin 55% entering 1 45 exiting T =Trips, X= dwelling units Assisted Living (LUC 254) T = 0.14 (X) T = 0.22 (X) Ln(T)= O.SGLn(X) +3.07 65 %entering 35 %exiting 44 %enterin° 66 %exitin° _ T = Trips, X = beds Campground /RV Park (LUC 416) T - 0.20 (X) T = 0.37 (X) N/A 42% entering 58% exiting 69% ente -ing 1 31 %exiting T = Trips, X = H of carnp sites University /College (LUC 550) T = 0.21 (X). 80 %enter1 n I 20 %exiting _ T = 0.21 (X) 30 %entering 70 %exitin T = 2.38 (X) __ students Church (LUC 560) f = 0.72 (X) T= 0.66 (X) T =9.11 (X) 54 9bentering 46 1Aexiting 52 %entcrinP 48 %exiling T ='rri s, X = 1,000's ofsq. R. GLA Day Care Center (LUC 565) T_ = 0.73 (X) +- 5.24 Ln (T) = 0.87 Ln (X) + D.32 T - 4.55 (X) - 5.64 53 %entering 0% 4 i _ ' "(' = _'Trips, X = H of students Agenda Item No. 17J July 22, 2008 Page 249 of 315 JUSTIFICATIONS FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS MPUD REZONE TO EXHIBIT E - LIST OF REQUESTED DEVIATIONS FROM LAND DEVELOPMENT CODE (LDC) 1. The justification for Deviation No. 1 is to allow sufficient area to accommodate multi- family units on Tract G and to compensate for area lost for the right -of -way reservation for The Lord's Way for both Tracts A and C. (See also Exhibit C MPUD Master Plan). Furthermore, additional plantings will be incorporated into this buffer for landscape enhancement. (See also Exhibit F development commitments, landscaping.) 2. The justification for Deviation No. 2 is to enhance the ability of the motoring public to identify the location of the proposed multi - family development on Tract G that is not visible from C.R. 951. (See Exhibit G for sign detail.) 3. The justification for Deviation No. 3 is to enhance the ability of the motoring public to identify the location of the proposed multi - family development on Tract G that - is not readably visible from C.R. 951 and to allow the size of the existing sign to be exceeded. (See Exhibit G for sign detail.) 4. The justification for Deviation No. 4 is to allow the existing 20 foot tall sign to remain. This deviation will provide a convenience to the motoring public to identify the location of the multi - family tract, Tract G that is not visible from C.R. 951. 5. The justification for Deviation 5 is to allow the existing 20 foot tall sign located at the southwest entrance to the project to remain to provide a convenience to the motoring public. 6. The justification of Deviation No. 6 is to allow the motoring public to be aware of the location of the multi - family tract as a convenience. 7. The justification for Deviation No. 7 is to provide for pedestrian access along The Lord's Way to be provided while recognizing the constraints posed by existing conditions on Tract A and G after the reservation of right -of -way for The Lord's Way. 8. The justification for Deviation No. 8 is to allow a sidewalk on one side of the access drive because buildings are only on one side of the access drive. 9. The justification for Deviation No. 9 is that the existing sidewalk can provide pedestrian access until C.R. 951 is widened and a new sidewalk connection is constructed to the County's proposed pathway along the east side of the CR 951 canal. Furthermore, Page 1 Justification for the Deviations 5/20/08 Agenda Item No. 17J July 22 2008 Page 250 of 315 allowing the 7 foot sidewalk to remain on Tract A to satisfy pedestrian access requirements allows the existing pedestrian access system to function as planned and without disturbing the existing pavement area. 10. The justification for Deviation No. 10 is to allow private access to both the church campus and multi - family development to be private entrances and to not require interconnection between the two uses. 11. The justification for Deviation No. 11 is to allow care units to be grouped in one or more buildings with other accessory uses without computing a separate floor area ratio for the care unit component of the project. There is a maximum limitation of 368,000 for all institutional and other non - residential uses set forth in the Collier Boulevard Community Facility Subdistrict of the GMP. The development intensity for the care units, therefore, is adequately provided by the GMP. 12. The justification for Deviation No. 12 is to reduce this parking requirement for care units on Tracts A or C in this MPUD is that residents only have occasional access to motorized vehicles thus lessening the demand for parking for the care units. Furthermore, residents of the care units are members of the church and their parking has already been accounted for in church related facilities. Based on the 18 residents in rehabilitation at First Assembly, only one individual has a motorized vehicle. 13. The justification for Deviation No. 13 is to accommodate the proposed improvements within the constraints of existing site conditions, including existing utility and access improvements. Furthermore, where the buffers are proposed to be reduced in width —along Celebration Blvd. and behind the proposed multi - family /multi- purpose building on Tract A —the view is less intensive. The adjacent uses are a roadway with no vertical structures proposed in the background and a residential /care facility with architecture similar to that of the proposed multi - family buildings on Tract G. The proposed increases in buffer width are conversely located where future residents of Tract G (Fountain Lakes) would most benefit from additional screening adjacent to views of the job training and rehabilitation services center on Tracts A and C. 14. The justification for Deviation No. 14 is that this standard was allowed by the existing zoning prior to the adoption of this Ordinance to promote on -site bicycle and pedestrian traffic. 15. The justification for Deviation No. 15 is that the parking space requirement of one space per four seats is currently allowed by the existing PUD and the site development plan for the existing church, was approved according to this standard. All future church seating requirements will be required at one space per seven seats after the adoption of this ordinance. Page 2 Justification for the Deviations 5/20/08 Agenda Item No. 17J July 22, 2008 Page 251 of 315 SIP 1953 ORDINANCE 99. 59 RECENEU clerk si Board AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER _ COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 061314 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND TUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS POD, FOR PROPERTY LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION BETWEEN C.R. 951 AND THE LORDS WAY, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 79.1± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96 -58, AS AMENDED, THE FORMER FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning, representing Rev. David Mallory and the First Assembly of God Church, petitioned the Board of County Commission= 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; The Zoning Classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map number 061314, as described in Ordinance Number 91 -102, the Collier, County Land Development Code, are hereby amended accordingly. C SECTION TWO' r -> Ordinance Number 96 -58, as amended, known as the First Assembly MinWrid8' JgdumioOo 'n 1 0 Rehabilitation Campus PUD, adopted on October B, 1996 by the Hoard of County Co r£op4r`�'ssitiners oof ti Collier County, is hereby repealed in its entirety. Drn -1- Agenda Item No. 17J July 22, 2008 Page 252 of 315 This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Lq�Way 04494�" 1999. ATTEST:36 a ui DWIGHT E ,BRO13r, Clerk AWst. as. to ollir'am's signaturi'Only; Approved as to Form and Legal Sufficiency Marjol M. Student t Assistant County Attorney g/adm n /sa6VUD- 96- 10r2)10RDMANCW BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /) ?� PWMFLA S. MAC ^KJE, Chairw man This ordinance filed with the S�Crefary of of tqn. ,fNgaie.e- and ockncwiedgement of that fi ecai"d this 'M* day 3,M -2- Agenda item No. 17J July 22, 2008 Page 253 of 315 FIRST ASSEMBLY MINISTRIES EBOCATION & REHABILITATION CAMPUS A PIAMMEM OMIT MEMEIMPMEMT PREPARED FOR: REV. DAVID MALLORY FIRST ASSEMBLY OF GOD CHURCH 2132 SHADOWLAWN DRIVE NAPLES, FLORIDA 34112 PREPARED BY: WILLIAM HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34106 and BEAU KEENE, P.E. KEENE ENGINEERING 638 NINTH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILE `Apr8 T. 1929 DATE REVISED Au»ast 19. 1999 DATE REVIEWED BY CCPC August19.1999 DATE APPROVED BY BCC ORDINANCE NUMBER -S EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE Agenda Item No. 11J July 22, 2003 Page 254 of 315 PAGE I 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION It PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III CAMPUS AREAS PLAN g SECTION IV PRESERVE AREAS PLAN 16 SECTION V DEVELOPMENT COMMITMENTS 17 Agenda item No. 17J July 22, 2008 Page 255 of 31.5 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B PUD WATER MANAGEMENT PLAN EXHIBIT C TYPICAL INTERNAL ROAD SECTION FOR TTRVC LOTS R .Aaenda Item No. 17J July 22, 2008 Page 256 of 315 STATEMENT OF COMPLIANCE The development of approximately 79.1 acres of property in Collier County, as a Planned Unit Development to be known as the First Assembly Ministries Education and Rehabilitation Campus PUD will be In compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The community facilities of the First Assembly Ministries Education and Rehabilitation Campus PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is designated as Urban Residential Fringe on the Future Land Use Map of the Collier County Growth Management Plan, which permits the proposed land uses. 2. The subject property is located at the northeast corner of the intersection between C.R. 951 and The Lord's Way. This strategic location allows the site superior access for the location of land uses for community and residential facilities, as permitted by the Future Land Use Element. 3. This proposed rezoning is In the form of a Planned Unit Development as required by the Urban Residential Fringe Subdistrict. 4. The proposed project will be responsible for all its necessary water management improvements, including the routing of all appropriate water through the project's water management system, as required by the Urban Residential Fringe Subdistrict. 5. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. e. Group Housing, which includes care units and adult living facilities, is permitted in the Urban Designated Areas per Policy 5.8 of the Future Land Use Element. 7, Travel Trailer Recreational Vehicle Parks are permitted within this Urban Designated Area, since the project has direct access to an arterial roadway (C.R. 951) and Is compatible with surrounding land uses, as required in the description of the Urban Designated Areas in the Future Land Use Element. S. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 9. The project shall be In compliance with all applicable County regulations Including the Growth Management Plan. Agenda Item No. 17J July 22, 2008 Page 257 of 315 10. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 11. The density of the TTRVC, care unit facility, and adult living facility shall be guided by the Land Development Code while the proposed 57 dwelling units and density of 1.5 dwelling units per acre for the multi - family units is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density: Maximum Allowable Acre sue Maximum Density Maximum Units Land Use 10.0 12.0 Units Per Acre 120 Campsites TTRVC Park 15.5 400 Rooms Adult Living Facility 15.5 400 Beds Care Unit Facility 38.1 1.5 Units Per Acre 57 Units Multi - Family 79.1 Total Acreage 'Development standards and density are subject to Section 2.8.28 of the Land Development Code. Maximum allowable acreage and the number of units will not be exceeded. Residential density shall apply only to residential development tracts and not to tracts developed for non-residential purposes as required by Section 2.2.20.3,1 of the Land Development Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 17J July 22. 2008 Paae 258 of 315 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of First Assembly Ministries Education and Rehabilitation Campus PUD, 1.2 LEGAL DESCRIPTION The subject property being 79.1± acres, and located in Section 14, Township 50 South, and Range 26 East, is described as: The Southern half of the Northwest Quarter, less right -of -way, of Section 14, Township 50S, Range 26E, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by the First Assembly of God Church, 2132 Shadowlawn Drive, Naples, Florida 34112. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast comer of the intersection between County Road 951 and The Lord's Way (unincorporated Collier County), Florida. B. The property is currently vacant, The entire project site currently has PUD Zoning, except for the eastern 10.3 -acre parcel being added and the 8.64 acres closest to the intersection of County Road 951 and The Lord's Way which is zoned United Methodist Church 951 PUD (PUD 93 -3) and approved for a 20,000 square foot church. The entire project is proposed to be rezoned to a new PUD with the same name. 1.5 PHYSICAL DESCRIPTION The elevation of the property is approximately 10' NGVD based on the USGS Belle Meade 7.5- Minute Quadrangle Map. The site is within Flood Zone "X" per Flood Insurance Rate Map (FEMA FIRM Panel #120067- 0610 -0 date June 3, 1986). 1.6 Agenda Item No. 17J July 22, 2008 Page 259 of 315 The predominate soil type of the site is #49- Hallandale and Boca Fine Sand according to the current Collier County Soil Maps. There is also an area in the Northwest comer of the site identified as #14 - Pineda Fine Sand, Limestone Substratum. The site vegetation is primarily hyddc pine flatwoods with an area of cypress in the northwest corner of the property. The majority of the site has been heavily invaded with melaleuca trees; eradication of this exotic species onsite is underway as of the date of application of the PUD rezone package. The First Assembly Ministries Education and Rehabilitation Campus PUD will include a mixture of land uses for religious, community social services, and residential uses in a campus -type setting. This wide mixture of land uses is also intended to provide some services on -site, which will provide convenience for the many non - mobile residents and minimize traffic generation from the campus. The key facilities at build -out will Include a maximum of: an auditorium for predominantly church use with 1800 seats, a chapel with 600 seats, a private school for 300 students in grades kindergarten through high school or Bible college, a childladult care facility for 450 childrenladults, a care unit facility with 400 beds, TTRVC for 120 travel trailer or park model lots, an adult living facility for 400 group housing units, and 57 multi - family units. If not all of the 120 lots within the TTRVC or all of the 400 units of the adult living facility are constructed, those unused units would be replaced with multi - family units at a density of 1.5 units /acre. Some of the more visible accessory uses for residents and students include: numerous inside and outside recreational facilities, cafeterias, infirmary for residents and students, printing shop, a radioltelevision broadcasting studio, a 500 -foot high radioltelevision tower, library, collection and distribution of used clothing and furniture, hair salon, labor pool for the on -site homeless, bus/vehicle maintenance garage, cemetery, and facilities management offices. The First Assembly Ministries Education and Rehabilitation Campus PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and faoilites as landscaping, signage, lighting, roadway treatments, fences and buffers. Furthermore, a similar architectural theme wilt be maintained throughout the campus for all structures and signage, as described In Section 4.8B of this PUD Document. The Master Plan is illustrated graphically on Exhibit "A ", PUD Master Plan, A Land Use Summary indicating approximate land use acreage Is shown on the plan. Agenda liem No. 17J July 22, 2008 Page 260 of 315 1.7 PHASING PLAN The project is intended to be developed in 2 major phases with the first phase being initiated in 1999 At this time, Phase I is intended to be constructed for the following described uses: a care unit facility for 400 persons, TTRVC park for up to 120 units, children's weekly summer camp, 57 apartments, church with a chapel of 600 seats, adult living facility for up to 120 units, chitdladult care for 225 children /adults, and a private school for 150 students. All of these principal use facilities may not be initially constructed to their limits, but would likely be constructed In several minor phases within Phase I. Phase II is planned at this time for the follow ng: expansion of the childladult care facility to 450 childrenfadults, expanding the adult living facility to 400 units, expanding the school to 300 students, and adding an auditorium that would seat 1800 persons beyond the 600 seats provided in the church chapel. Phase 11 would likely be initiated in three to four years with completion of the principal facilities by approximately the year 2003. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "First Assembly Ministries Education and Rehabilitation Campus Planned Unit Development Ordinance ". ��itiI.7:IIl PROJECT DEVELOPMENT 2.1 PURPOSE Agenda Item No. 17J July 22. 2008 Page 261 of 315 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the .respective land uses of the tracts Included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the First Assembly Ministries Education and Rehabilitation Campus PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fall to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions Imposed and graphic material presented depicting restrictions for the development of the First Assembly Ministries Education and Rehabilitafion Campus PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for In this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit Issuance applicable to this development. Aoenda item No. 17J July 22. 2008 Page 262 of 315 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A ", PUD Master Plan. B, Areas Illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow depressions for water detention purposes. Such areas, lakes and dry areas shall be of the same general configuration and contain the same general acreage as shown by Exhibit "A ". Minor modification to all areas, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific Items shown in Exhibit "A", easements such as (utility, private, semi - public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be In compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructurai improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided In Section 2.7,3.5 of the Land Development Code. 2.9 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling In preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project Agenda Item No. 17J July 22, 2008 Page 263 of 315 site are such that there Is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off -site removal shall be limited to 10% of the total calculated excavated volume to a maximum of 20,000 cubic yards. 2. All other provisions of Division 3.5 Excavation of the Land Development Code are applicable. 8 gz0f]i 11•1711 CAMPUS AREAS PLAN 3.1 PURPOSE Agenda Item No. 17J July 22, 2008 Page 264 of 315 The purpose of this Section is to identify specific development standards for Tracts A, B, C, and D of the site as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM PERMITTED DENSITY /INTENSITY Development on the project shall not exceed the following limits: a multi- purpose auditorium with 1800 seats, chapel with 600 seats, private kindergarten through high school or Bible college for 300 students, child /adult care for 450 children /adults, care unit facility for 400 persons on 15A acres, TTRVC for 120 travel trailer or park model lots only (at 12 lots /acre on 1D acres), adult living facility of 400 units on 15.4 acres, and 57 multi - family units (1.5 units /acre on 38.3 acres). If not all of the 120 lots within the TTRVC or all of the 400 units of the adult living facility are constructed, those units may be replaced with multi- family units at a density of 1.5 units /acre. 3.3 GENERAL DESCRIPTION 3.4 The PUD Master Plan has been designed to provide religious services, educational and rehabilitation social services, and residential homes within a Christian campus atmosphere. Generally the more aesthetic and least Intensive land uses have been planned for the western half of the site. The 79.1± acre site is located at the northeast corner of the intersection between County Road 951 and The Lord's Way. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than shown below. Following the permitted use In parenthesis Is the designated Tract(s) on the PUD Master Plan where such use is permitted. Accessory uses, shall be of such nature to serve the principal uses, on -site residents, and campus visitors directly associated with the principal uses. A. Permitted Principal Uses and Structures: 1. Church. (Tracts A, B, C, and D) 2. Private school (kindergarten through high school or religious Bible college) (Tracts A. B, C, and D). Agenda Item No. 17J July 22, 2008 Page 265 of 315 3. Child care /adult day care center (Tracts A, B, C and D), 4. Care unit facility (Tracts A and B), subject to Section 2.6,26 of the Land Development Code. S. Multi- Famlly units (Tracts A, B, C and D). 6. Travel Trailer Recreation Vehicle Campground (residents must be directly involved with the campus facilities and no tent campsites permitted)(Tracts A and B). 7. Adult living facility/nursing home (Tracts A and B), subject to Section 2.6.26 of the Land Development Code. B. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document (Tracts A, B, C, and D). 2. Guard houselcampus security office (Tracts A, B, C, and D). 3. Cafeteria (shall be an Integral part of a principal use for on -site residents and visitors utilizing permitted principal uses on the campus only) (Tracts A, B, and C). 4. Labor Pool (for on -site care unit residents only) (Tract A). 5. Library (Tracts A, B and C), 6. Collection and distribution of used clothing and furniture (within the care unit or facilities management building only) (Tract A). 7. Infirmary (shall be an integral part of a principal use for on -site residents and students only) (Tracts A, B and C). 8, Vehicle maintenance garage (to service vehicles providing campus bus and van transit only and to provide classes on vehicle maintenance) (Tract A). 9. Overnight bus parking (for campus buses only or for buses whose passengers are utilizing permitted principal uses on the campus) (Tract A). 10, Daytime bus parking (for campus buses only or for buses whose passengers are utilizing permitted principal uses on the campus). 10 Agenda Item No. 17J July 22, 2008 Page 266 of 315 Permitted in Tracts A, B. C, and D, with a minimum setback of fifty (50) feet from PUD boundaries and from the C.R. 951 Canal. 11. Printing shop (to serve permitted principal uses on the campus only) (Tracts A, B and C). 12. Recreational and church camplyouth ranch (Tracts C, and D). 13. Radio and television tower (a 500 -foot guyed -tower (Tracts A, 8, and that portion of D located east of the F.P.L. Easement). 14. Radiottelevision broadcasting studio (Tracts A, B and C). 15. Facilities management office (Tracts A, B and C). 16. Counseling canter (Tracts A, B and C). 17. Conferencelconvention facilities (must be in nature with the campus religious, educational or recreational facilities) (Tracts A, B. C and D). 18. Hair salon (within the care unit, and facilities management building and adult living facilities only) (Tracts A and B). 19. Recreational facilities, iricluding but not limited to: gymnasiums, football fields, baseball fields, soccer fields, basketball courts, swimming pools, tennis courts, shuffle board courts, waterways for canoeing, gazebo, boattfishing docks, boardwalks, horselpony Illama stables and children's petting zoo (Tracts A, B, C, and D). 20. Carports/garages (Tracts A, B, C and D). 21. Cemetery (Tracts A, B and D). 22. Any other accessory uses and structures deemed comparable In nature by the Development Services Director. 3.5 DEVELOPMENT STANDARDS A. Minimum Yards: (1) Principal structures: (a) Yards Along C.R. 951- One hundred (100) feet. Agenda Item No. 17J July 22, 2008 Page 267 of 315 (b) Yards Along The Lord's Way - Thirty-five (35) feet plus one (1) foot for each foot of building height over thirty-five (35) feet. (c) Yards Along the Northam and Eastern PUD Boundaries - Thirty -five (35) feet plus one (1) foot for each foot of building height over thirty -five (35) feet. (d) Side Yards Between Two (2) Tracts Within the PUD - None, as long as the minimum building separation requirements are met as described in Section 3.58. of this PUD Document. (e) Yards from the internal paved vehicular use areas - Ten (10) feet unless attached to carports, garages or porticos. (f) The radio /television tower will be separated from all property boundaries by a minimum distance of fifty percent (50 %) of the tower height or certified fall zone radius, whichever is greatest. (2) Accessory Structures: (a) Yards Along C.R. 951- Fifty (50) feet, except for fishing docks which have no setback requirements. (b) Yards Along The Lord's Way - Twenty-five (25) feet. (c) Yards Along the Northam and Eastern PUD Boundaries - Twenty-five (25) feet except ten (10) feet for guy-wire anchors. (d) Side Yards Between Two (2) Tracts Within the PUD - None. (e) Carports, garages and porticos are permitted within parking areas. B. Distance Between Principal Structures; (1) Fifteen (15) feet or one -half (1/2) the sum of their heights, whichever Is greater, unless the structures are attached. 12 Agenda Item No. 17J July 22, 2008 Page 268 of 315 (2) The radio /television tower shall be separated a minimum of its fall - zone radius from any residential structures housing residents on a permanent basis. No guyed wires shall be permitted over any residential structures housing residents on a permanent basis. C. Minimum Building /Unit Size; (1) Care unit facilities shall be a minimum of fifteen hundred (1500) square feet plus one hundred fifty (150) square feet per live -in person, beginning with the seventh (7th) live -in person. (2) Guardhouses, storage facilities, and other accessory structures shall not have to meet a minimum size requirement. (3) Care unit facilities shall be designed not to exceed a floor area ratio (FAR) of 0.45, as specified in Section 2.6.26 of the Land Development Code. (4) Child care centers/adult day care centers shall meet all applicable development standards of the Land Development Code. D. Maximum Height: (1) Church, adult living facility, and care unit facility shall be limited to sixty -five (65) feet. (2) All other buildings shall be limited to forty (40) feet. E. Travel Trailer Recreational Vehicle Campground ReouiremenW The campgrounds, of an approximate 10 acres overall park size, shall meet all the TTRVC requirements described in Section 2.2.11 of the Land Development Code, unless specified differently within this PUD Document. The TTRVC park may be operated throughout the year, at the discretion of the property owner, but permanent residency shall not be permitted. TTRVC residents shall not occupy the same site more than six (6) consecutive months unless the residents are directly affiliated with an on -site religious or social program. TTRVC residents directly affiliated with an on -site religious or social program shall not occupy the same site more than twenty-four (24) consecutive months except for volunteer and paid staff. Accessory camping cabins are not permitted. All lots must be at least 2,800 square feet in size and utilized for travel trailer /park model lots only, and all lots shall permanently remain rental lots (not subdivided and sold). An annual report showing TTRVC residency shall be 23 Agenda Item No. 17J July 22, 2008 Page 269 of 315 submitted with the annually required PUD Monitoring report. Such TTRVC annual report shall show the following for each TTRVC site: name(s) of residents, residents' affiliation with any on -site programs and the length of such programs, status as volunteer or paid staff, and dates residents moved -in and moved -out. F. Off-Street Parking Old Loading Reouirements: (1) Based on the requirements, that the campus be designed to promote residents and visitors to travel on -site as pedestrians or bicyclists and the campus management to provide bus /van transit for residents to the on-site Sunday church services and everyday convenient buslvan transit to off -site key traffic attractions, the parking for the following uses shall be as shown below: (a) Parking for the care -unit facility shall be one (1) space for each six (6) beds. (b) Parking for the church chapel and auditorium shall be one (1) space per four seats in the chapel or assembly area. (c) Parking for the vehicle and general maintenance building shall be one (1) space per seven hundred fifty (750) square feet. (d) Parking shall not be required for the on -site accessory recreational uses. (e) The Development Services Director may administratively approve joint parking in Tract C between the church and private school and /or child /adult care facility, similar to that described in Section 2.3.5.4 of the Land Development Code, where the applicant can demonstrate that the parking supply will suffice for all of the proposed uses at all times in Tract C. The credit for this joint parking shall not exceed fifty (50) percent of the required parking for the private school and /or child /adult care facility. (2) All other land uses shall meet the standards of Division 2.3 of the Land Development Code in effect at the time of building permit application. G. Open Space Reouirementr: 14 Agenda Item No. 17J July 22, 2008 Page 270 of 315 A minimum of thirty (30) percent open space of the gross area for the entire PUD shall be devoted to open space, as described in Section 2.2.20.3.5 of the Land Development Code. The petitioner shall submit data at the time of each Site Development Plan application demonstrating that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD totals a minimum of thirty (30) percent open space. H. Bufferinq Requirements: (1) A twenty (20) foot wide Type 'D' Buffer shall be provided along County Road 951, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type "D" Buffer shall be provided along The Lord's Way with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (3) A fifteen (15) foot wide Type 'B" Buffer shall be provided along the eastern and northern PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (4) Buffering between internal parcels of the campus shall not be required so as to encourage on -site pedestrian and bicycle traffic. (5) Buffering and landscaping shall be provided around the perimeter of the tower and anchors, per Section 2.6.35 of the Land Development Code. Signs (1) As described In Section 2.5.5.2.4.1 of the Collier County Land Development Code the entire project shall be limited to one (1) pole or ground sign, with a maximum sign area of one hundred (100) square feet, a minimum fifteen (15) foot setback from all rights -of -way and easements, maximum height of twenty (20) feet, and with changeable copy permitted. (2) Signage shall also meet the architectural standards further described In Section 4.88. of this PUD Document. 15 SECTION IV PRESERVE AREAS PLAN Agenda Item No. 17J July 22, 2008 Page 271 of 315 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit 'W', PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, nature trails and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. 16 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE Aaenda Item No. 17J July 22, 2008 Page 272 of 315 The purpose of this Section is to set forth the regulations for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is subject to the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan Illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Cade, ad may be amended from time to time. B. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 17 Agenda Item No. 17J July 22. 2008 Page 273 of 315 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shaft be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. 6. Monitoring Reoort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be Issued unless and until approval of the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a stone event of 3- day duration and 25 -year frequency. D, Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Use of grassed surface with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles serving required parking spaces shall be paved. F. Prior to Final SOP approval a Big Cypress Basin (SFWMD) Right -of -way Permit, to allow discharge into the C.R. 951 Canal, shall be submitted. 5.6 UTILITIES A. Water distribution, sewage collection and transmission, and interim water and sewage treatment facilities to service the project are to be designed, IB Agenda Item No. 17J July 22. 2008 Page 274 of 315 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88.76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed in accordance with the County's established rates. Should the County not be in a position to provide water and /or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to service the project until the County's off-site water and/or sewer facilities are able to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and /or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and /or receive the project's wastewater at the time development commences, the Developer, at his expense shall Install and operate interim water supply and/or interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer his assigns or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County prior to the approval of construction documents for the project and be In conformance with the requirements of Collier County Ordinance No. 88 -76, as amended. D. If an interim on -site water supply, treatment and transmission facility Is utilized to service the project, it must be properly sized to supply average peak day domestic demand, In addition to fire flow demand at a flowrate approved by the appropriate ere control district serving the project area. E. Public Service Commission Territories: Prior to approval of the construction documents by the County, the Developer must present verification that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and /or water service to the project until the County can provide these services through its water and sewer facilities, 5.7 TRAFFIC A. Improvements to The Lord's Way shall be detailed at the Site Development Plan stage. Paving and drainage requirements will be as required by Appendix B of the Collier County Land Development Code for 19 Agenda Item No. 17J July 22, 2008 Page 275 of 315 a collector street within a sixty (60) foot right -of -way. Improvements to the C.R. 951 Canal crossing may be required during permitting with the Big Cypress Basin and shall be in conformance with the requirements of the Big Cypress Basin Board. At a minimum, the roadway crossing shall be upgraded to at least 36 feet of pavement to accommodate two way traffic as well as a left turn lane. Guardrails shall be provided if the culvert end walls are coincident with the edge of the shoulders. The actual design shall be reviewed by the Collier County Transportation Services Department prior to final approval. B. The Developer shall provide a right turn lane and a left turn lane at the The Lord's Way /CR -951 intersection prior to the issuance of any Certificates of Occupancy. Ordinance 93 -64 (Section III.A.t.b.(1) sets forth the requirements for this left turn lane. C. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the CR -951 access location when deemed warranted by the County. Prior to making this determination, the petitioner shall provide a traffic signal warrant analysis prepared by a Professional Engineer familiar with the warrant analysis procedure. Such study shall be signed and sealed by the professional engineer preparing it. This Department reserves the right to review and advise the Board of County Commissioners as to whether or not any such signal is warranted. The signal will be owned, operated, and maintained by Collier County. D. The Developer shall provide arterial level street lighting at the project access points onto The Lord's Way and at The Lord's Way's access onto C.R. 951 prior to the issuance of any Certificates of Occupancy. E. Road Impact fees shall be as provided in the schedule contained in Division 4.1 of the Collier County Land Development Code, as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners (BCC). F. Access improvements shall not be subject to Impact fee credits, and excluding traffic signals, shell be in place prior to the issuance of any certificates of occupancy. A full median opening at the Intersection of C.R. 951 and The Lori's Way Is consistent with the location criteria of the County's Access Management Policy. However, there shall be no right vested in this development toward the preservation of that median opening. Any such median opening should be the subject of an application for a Work Within The Right -of -Way Permit and shall meet all of the requirements of the Access Management Plan. The County 20 Agenda Item No. 17J July 22, 2008 Page 276 of 315 reserves the right to modify any median opening if, in the County's opinion, an operational or safety hazard becomes evident. G. Ail traffic control devices, excluding street name signs, shall conform with the Manual of Uniform Traffic Control Devices. 5.8 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be Immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, signage, landscaping and visible architecture Infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar In design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. C. The care unit facility may be eligible for impact fee waivers or deferrals with approval of the Board of Collier County Commissioners, D. The church or school shall be made available to the Supervisor of Elections for a poll site. E. Residential density shall apply only to development tracts being developed as residential and not to tracts developed for non - residential purposes, per Section 2.2.20.3.1 of the Land Development Code. 5.9 ENVIRONMENTAL A. This PUD shall be in compliance with the Collier County Land Development Code and the Growth Management Plan Conservation and Coastal Management Element In effect at the time of final development order approval. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis in the conservation/preservation areas, 21 Agenda Item No. 17J July 22, 2008 Page 277 of 315 shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. C. Environmental permitting shell be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation alone, shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. D. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Permit rules and be subject to review and approval by Current Planning Environmental Staff. E. Petitioner shall minimize the effects of the tower on wildlife in conformance with F.A.A. regulations. 22 e N �Y i m M - !I caimxo rx -xn ewu r x TRACT 'D" YY H C! a y�y y� YO'�VI Agenda item No. 17J July 22, 2008 Page 278 of 315 \ U a C+7 s qq C H —� nn curvar � 1j l b Y M z� �Fr H W W x FA bi g 1� On e� s audt ; {µ {[ i f ( � FF2EF I f e N �Y i m M - !I caimxo rx -xn ewu r x TRACT 'D" YY H C! a y�y y� YO'�VI Agenda item No. 17J July 22, 2008 Page 278 of 315 \ U a C+7 s qq C H —� nn curvar � 1j l b Y M z� �Fr H W W x FA bi Agenda Item No. 17J July 22, 2008 Page 279 of 315 6� �nmm�nem mmmmna.mnum T'- �� ��. - - -- i11; I i I I 1 it r m 7m nr ua+ort rtr ra.w � a 8m - -- z -- ------------ - - - - -- - a. ' . r N Z D f x ik a i - x+wa vry m aY# Y y vvraY Wn f � _ Agenda Item No. 17J July 22, 2008 Page 280 of 315 EXHIBIT eC" 15 ROADWAY AREA SEWER TYPICAL INTERNAL ROAD SECTION FOR TTRVC LOTS N.T.S. Dale: September 15, 1996 Keene. Engineering 240 Aviation Drive North Naples, F(orido 34104 1941) 403 -0123 Agenda Item No. 17J July 22, 2008 Page 281 of 315 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99 -59 Which was adopted by the Board of County Commissioners on the 14th day of September, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of September, 1999. �u5tna DWIGHT E, BROCK .1 �• '? M Rill ty; °• Clerk of Courts and cgk!' "= ''I� =' "fit + "i(': Ex- officio to Board ofd n`p� County Commisssiiooners� �, {5 ;_y 1.�� �b By; Ellie Hoffman, -- -- Deputy Clerk rx r7 1 v E5O -f '^ nm -.e Agenda Iter N g 171 iUtyP 5� f 1 Page 282 of 315 DeselernKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Cc: bellows _r Subject: FW: Assemembly of God From: fiala_d Sent: Mon 6/23/2008 7:53 PM To: Susan Couzens Cc: IstenesSusan; Ted Beisler Subject: RE: Assemembly of God Thank you so much for writing and expressing your views, which I agree with, by the way. I will forward them to our Community Development Department for their records. Donna Fiala From: Susan Couzens [mailto:scouzens @twmi.rr.com] Sent: Monday, June 23, 2008 7:12 PM To: Fiala d Subject: Assemembly of God As major tax payers in your district, we strongly support a limitation of 249 units in the Assembly of God project across from Naples Lakes CC. Further, we urge the removal of the mobile homes and the allowing of overnight bus parking. Jack and Susan Couzens 6/24/2008 DeselemKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Cc: bellows _r Subject: FW: The Lord's Way proposed building From: fiala_d Sent: Mon 6/23/2008 7:57 PM To: pain Cc: amold_m; IstenesSusan; Ted Beisler Subject: RE: The Lord's Way proposed building Agenda Iter��J� �7�r j July 2�� 0� Page 283 of 315 Thank you so much for writing and expressing your views. I will pass along your noise complaint to our code enforcement division, and your concerns about bed limitations to our community development department. I agree with you, and will do all I can to protect your community and other communities in the area. Donna Fiala From: pain [mailto:bpagill @aol.com] Sent: Monday, June 23, 2008 6:19 PM To: fiala d Subject: The Lord's Way proposed building Dear Ms. Fiala, My husband and I would like for you to do your very best to hold the building proposals for The Lord's Way, across from our community of Naples Lakes Country Club, to a 249 bed facility. We would like to see limitations on the type of vehicles to be allowed to park therefor anymore than a few hours. We were unaware that that property could handle all the proposed activity that has been planned. Sunday is one thing, but everyday traffic would put a strain at our entrance. By the way, isn't there a noise ordinance for Naples as there is on Marco Island after 11: 00. The Lord's Way music can be heard well after I1: 00 PM. We are registering a formal complaint. Thank you for all you can possibly do. Sincerely, Pam and Bob Gill 4963 Shaker Heights Ct. #202 Get the Moviefone Toolbar. Showtimes, theaters, movie news, & morel 6/24/2008 Agenda Iter A 7„r j July 0(JJ�$ Page 284 of 315 DeselernKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Subject: FW: First Assembly of God Zoning Change Request From: fiala_d Sent: Mon 6/23/2008 6:12 PM To:Istenes5usan Subject: PN: First Assembly of God Zoning Change Request For your records. Donna Fiala From: Kathy Barkulis [mailto:barkulis @earthlink.net] Sent: Monday, June 23, 2008 3:57 PM To: fiala d Subject: First Assembly of God Zoning Change Request We are owners living near the First Assembly of God property and oppose some of their zoning change requests. This is what we hope you'll do: PLEASE HOLD THE PETITIONER TO 249 BEDS NOT 249 UNITS. (PASTOR MALLORY STATED 249 BEDS AT THE NEIGHBORHOOD INFORMATION MEETING). WE NEED TO ESTABLISH A TIME FOR THE MOBILE HOMES TO BE REMOVED. WE ALSO OPPOSE A GARAGE AND OVERNIGHT BUS PARKING SO AS NOT TO HAVE A BUNCH OF MOTOR HOMES, ETC. PARKED OVER THERE ALL THE TIME. Warm Regards, Kathy Barkulis & Tom Barkulis 4863 Hampshire Ct. #206 Naples, FL 6/24/2008 DeselemKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Subject: FW: Re: First Assembly of God - Collier Blvd From: fiala d _. . Sent: Mon 6/23/2008 6:20 PM To: Patricia Dudley Cc: IstenesSusan; Ted Beisler Subject: RE: Re: First Assembly of God - Collier Blvd Agenda Ite� 17 #2 July 0 Page 285 of 315 You bet I'll stand strong on this issue. I totally agree and am very concerned myself. Thank you so much for writing. I will forward your message on to our Community Development Department so that it will be included in the record. Donna Fiala From: Patricia Dudley [mailto:kelly- dudley @msn.com] Sent: Monday, June 23, 2008 4:54 PM - To: flala d Subject: Re: First Assembly of God - Collier Blvd Shinnecock His Ct FL 34112 23, 2008 Dear Commissioner Fiala; We are new voting residents to the Naples area , although we have owned property at Naples Lakes Country Club since 2003, we only declared it our domicile this year. We have watched and supported you over the years. Now we have a personal issue we would like to bring to your attention. Pastor Mallory and the First Assembly of God will be bringing a proposed rezone to the Collier County Commissioners in the next couple of weeks. The First Assembly of God is located directly across 951 from NLCC. At the Neighborhood Information meeting Pastor Mallory stated 249 "Beds" not "units" in the care _ unit. and we want that to stick. We would also like to voice our disapproval of a garage and overnight bus parking. I understood that the mobile homes would also be removed and they are still there. We appreciate all that you have done in the past and hope you will stand strong on these issues when they come to a vote. We can be reached on either of our telephone numbers for further discussion: 239 - 774 -7737 or 617- 285 -1948 cell. 6/24/2008 Agenda IterruNp��7�f2 July 2 , ��00 Page 286 of 3115 Thank you. James and Patricia Dudley 6/24/2008 DeselemKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Subject: FW: First Assembly of God rezoning petition From: fiala_d Sent: Mon 6/23/2008 6:18 PM To: vjscron @aol.com Cc: IstenesSusan; Ted Beisler Subject: RE: First Assembly of God rezoning petition Agenda !UIY7*N91 1 July Page 287 of 315 Thank you so much for writing and expressing your views. I totally agree, by the way. I will forward your message on to our Community Development Dept. so they may add them to the record. Donna Fiala From: vjscron @aol.com [mailto:vjscron @aol.com] Sent: Monday, June 23, 2008 4:50 PM To: fiala d Subject: First Assembly of God rezoning petition Board of County Commissioners: The petition proposed by the First Assembly of God, to alter Ordinance 99 -59, must be fine -tuned or defeated. There are several items which are totally unsuitable, given the location of the country clubs on Collier Boulevard, and most especially to Naples Lakes Country Club, directly across from the church. Having overnight bus parking, and a garage, is totally unacceptable! This is not a commercial area! We were misled, and/or lied to at the last meeting. Replacing a 400 bed facility with a 249 unit facility, is using words that are intended to confuse and mislead. We want no more than 249 BEDS in use at any given time. Such wording must be clear and unambiguous! We also must establish a time frame for the removal of the four mobile homes, serving as temporary care units. Please understand that we are absolutely opposed to this request for zoning change, unless our interests are protected and our quality of life unaltered by any further density at this facility, much less turning the area into a bus depot. Warren and Victoria Cronacher Naples Lakes Country Club Get the Moviefone Toolbar. Showtimes, theaters, movie news, & more! 6/24/2008 Aa°nda ItepNyy q? j July _�,2000� Page 288 of 315 DeselemKay From: IstenesSusan Sent: Tuesday, June 24, 2008 7:01 AM To: DeselemKay Subject: FW: First Assembly of God Ordinance # 99 -59 From: fiala d Sent: Mon 6/23/2008 6:16 PM TO:tedannehenning Cc: IstenesSusan; Ted Beisler Subject: RE: First Assembly of God Ordinance # 99 -59 Thank you so much for writing and expressing your concerns. I have the same concerns! I am forwarding your concerns to our community development department for their records. Donna Fiala From: tedannehenning [ mailto :tedannehenning @comcast.net] Sent: Monday, June 23, 2008 4:02 PM To: fiala_d Cc: HalasFrank; henning_t; Coyle Fred; ColettaJim Subject: First Assembly of God Ordinance # 99 -59 Ms. Fiala I am writing to you as our representative and copying the balance of the Commission. We live across the street from the First Assembly of God on 951 at Rattlesnake. The minister did his job in submitting plans for approval in 1999 but we are learning of the plans as we go as they were never fully disclosed when small issues arose. Now that we are privy to those plans he is proposing changes. Two changes that we strongly disagree with. 1. He wants to reduce the size of the 400 bed undefined care facility and replace it with 249 residential care units as allowed in SICM code 8361. If he wants to reduce it to 249 beds - thats fine but not 249 residential units as they can accomodate 4 beds or a total of 996. 2. He now wants to maintain a repair garage with overnight bus parking. We are strongly against the garage & overnight parking of buses as that will eventually include RV's and the like. Garages historically wind up not looking well kept and with overnight parking since they never get all the work done in a day. We - as well as others - bought in Naples Lakes CC with a church across the street with a feeling of first class facilities in the area. Upon disclosure we find all kinds of things that we were not aware of back in 2000 -2001 going in across the street. We ask that you represent us in refusing the garage & overnight parking and the rewording of the reduction of the care facility. We just want to make sure the area maintains its attractiveness at all times and does not detract from the values in NLCC. Sinvicerely, Ted & Anne Henning 4899 Cerromar Dr Naples, FI 34112 6/24/2008 Agenda Item No. 17J July 22. 2008 Page 289 of 315 ORDINANCE NO. 08 - 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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A 69 +/- ACRE PROJECT KNOWN AS THE FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS MPUD TO ALLOW MULTI - FAMILY UNITS, COMMUNITY FACILITIES AND CHURCH - RELATED USES ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -59 WHICH ESTABLISHED THE FORMER 79.1 + /- ACRE FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Monies, Inc., representing J. David Mallory, President of First Assembly of God of Naples, Florida, Inc., and William L. Klohn, President of MDG Capital Corporation, Managing Member of MDG Fountain Lakes, LLC, 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: PUDA - 2007 -AR -12043 Page I, of 3 REVISED 6 -17/08 KD Agenda Item No. 17J July 22, 2008 Paae 290 of 315 SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project known as the First Assembly Ministries Education and Rehabilitation Campus MPUD to allow multi - family units, community facilities and church - related uses in accordance with Exhibits A through I 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: Ordinance Number 99 -59, known as the First Assembly Ministries Education & Rehabilitation Campus PUD, adopted on September 14, 1999, by the Board of County Commissioners is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IS , Deputy Clerk C TOM HENNING, CHAIRMAN PUDA - 2007 -AR -12043 Page 2 of 3 REVISED 6 -17/08 KD Approved as to form and legal sufficiency /Morie M. Student - Stirling Assistant County Attorney PUDA- 2007 -AR- 12043 /KD /sp Exhibit A: Permitted Uses Exhibit B: Development Standards /Typical Building Layout Exhibit C: Master Plan/Typical Cross Sections Exhibit D: Legal Description Exhibit E: List of Request Deviations from LDC Exhibit F: List of Developer Commitments Exhibit G: On -site & Off -site premises signage Project History: Ordinance Number 93 -57 (repealed) Ordinance Number 96 -58 (repealed) Ordinance Number 96 -86 (repealed) Ordinance Number 99 -59 PUDA- 2007 -AR -12043 REVISED 6 -17/08 KD Page 3 of 3 Agenda Item No. 17J July 22, 2008 Page 291 of 315 Agenda Item No. 17J July 22.. 2008 Page 292 of 3 5 EXHIBIT A FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS MPUD CHURCH RELATED USES AND DEVELOPMENT INTENSITY I. CHURCH RELATED PERMITTED USES (TRACTS A -E) The First Assembly Ministries Education and Rehabilitation Campus MPUD will include a mixture of land uses for religious, community social services, and residential uses in a campus -type setting. This wide mixture of land uses is also intended to provide some services on -site, which will provide convenience for the many non - mobile residents and minimize traffic generation from the campus. The key facilities at build -out will include a maximum of an auditorium for predominantly church use with 2200 seats, a chapel with 200 seats, and a private school for 300 students in elementary and secondary schools or Bible College, a care unit facility with 249 care beds and a facility for 300 day care units. The care beds will be located in the educational complex on Tract A (183), 66 beds in the Rehabilitation Center on Tract A and 20 beds will be located in the multi - family /multi - purpose facility on Tract A until such time as the rehabilitation center on Tract A is completed. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES AND STRUCTURES AND SIC CODES: (TRACTS A -E) Land Use Type Tract 1. Religious organizations (Group 8661, limited to churches and religious organizations). A 2. Private elementary and secondary schools (Group 8211, limited to vocational high school and colleges, universities and professional schools) (Group 8221, limited to theological seminaries). A 3. Residential care units (Group 8361 — maximum of 249 beds, limited to: a) Alcoholism rehabilitation centers, residential, with health care incidental; b) Drug rehabilitation centers, residential, with health care incidental; c) Homes for children, with health care incidental; and d) Homes for destitute men and women). A 4. Child daycare services (Group 8351, limited to child care centers). A 5. Rehabilitative service center specialty outpatient facilities, not elsewhere classified (Group 8093, limited to outpatient detoxification centers). A a) Job training (Group 8331, limited to job training). A, C b) Individual and family social services (Group 8322, limited to: 1) Adult day care centers; 2) counseling centers; and 3) hotlines). A c) Specialty hospitals, except psychiatric (Group 8069, limited to: 1) Alcoholism rehabilitation hospital; and 2) drug addiction rehabilitation hospital). A d) Social services — not classified elsewhere (Group 8399, limited to social service information exchange, e.g., alcoholism, drug addiction). A A -1 First Assemblies, AR 12043 revised 6/10/08 Agenda Item No. 17J July 22, 2008 Page 293 of 315 6. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the Land Development Code (LDC). *Principally for on -site residents only, however, an incidental component of the program is to allow past program residents or social service agency referrals to attend programs comprising no more than 10% of program participants. B. ACCESSORY USES AND SIC CODES (TRACTS A -D) Accessory uses are uses that are only accessory to permitted religious or institutional uses, temporary or periodic in nature. Accessory uses shall be of a lesser area than the size of the principal uses in which they are located. Accessory uses are principally for on -site residents only, however, an incidental component of the program is to allow past program residents or social service agency referrals to attend programs comprising no more than 10% of program participants. Accessory uses shall principally generate their activity from the principal permitted uses for the subject property, including their traffic's trip generation so as to minimize external impacts to adjacent properties and the external roadway network. Land Use Type Tract 1. Coin-operated laundries (Group 7215, limited to coin - operated laundries). A, C 2. Radio broadcasting stations and tower (church use) (Group 4832, limited to one only). A, C 3. Television broadcasting station and tower (church use) (Group 4833, limited to one only). A, C 4. Book stores for church and school only (Group 5942, limited to a maximum of two). A 5. Cemetery, including mausoleum, accessory to the church use only. A 6. Christian memorial per MPUD Master Plan. A 7. Guard house /campus security office. A 8. Cafeteria (shall be an integral part of a principal use for on -site residents and visitors utilizing permitted principal uses on the campus only). A 9. Help supply services for residents only (Group 7363, limited to labor pool only and limited to residents only). A 10. Overnight parking for visitors in recreational vehicles or busses (see Exhibit B, Table W.C.). C 11. Recreational facilities, including but not limited to: gymnasiums, football fields, baseball fields, soccer fields, basketball courts, swimming pools, tennis courts, shuffle board courts, waterways A,B, for canoeing, gazebo, boat/fishing docks and boardwalks. C,D 12. Grassed parking area for overflow parking within FPL right -of -way. 13 13. Administrative services for principal uses including offices, meeting and conference rooms for the church and rehabilitative center. A 14. Ten multi - family units for church employees in the multi- family /multi - purpose building. A A -2 First Assemblies, AR 12043 revised 6110/08 7yyytos- Agenda Item No. 17J July 22, 2008 Page 294 of 315 15. Motor vehicle dealers, (Group 5211, with sales limited to used vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D.). C 16. Recreational vehicle dealers, (Group 5561, with sales limited to used recreational vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D.). C 17. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC. C. PRESERVE SUBDISTRICT USES AND STRUCTURES (TRACT E) No building or structure or part thereof shall be erected, altered or used, or lands used in whole or part other than the following: A. Permitted Uses and Structures: 1. Passive recreation areas. 2. Water management facilities in wetlands and water management structures. 3. Mitigation areas. 4. Boardwalks and trails. 5. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC. A -3 First Assemblies, AR 12043 revised 6/10/08 7TnY✓;-;1- Agenda Item No. 17J July 22, 2008 Page 295 of 315 II. RESIDENTIAL PERMITTED USES (TRACT G) No building, structure or part thereof located on Tract G, shall be erected, altered or used, or land used, in whole or part, for other than shown below: A. PRINCIPAL USES AND STRUCTURES: 1. Multiple- family and two family dwellings. 2. 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. B. ACCESSORY USES AND STRUCTURES: 1. Recreational facilities that serve as an integral part of a residential development, including but not limited to a walk path, docks, community center building and office, pool and playgrounds. 2. Uses and structures that are accessory and incidental to the residential permitted uses within this MPUD Ordinance including swimming pools, boat docks recreational building and a tot lot for children. 3. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC. C. DEVELOPMENT INTENSITY: A maximum of 296 multi - family units are allowed on Tract G that may include three two - family multi- family dwelling units. III. RIGHT -OF -WAY EASEMENT (TRACT F) Use of this tract is limited to rights -of -way. A -4 First Assemblies, AR 12043 revised 6/10/08 7)147'✓' '" t�genda item No. 17J July 22, 2008 Page 286 of 315 EXHIBIT B FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS MPUD RESIDENTIAL DEVELOPMENT STANDARDS LISTING OF TABLES TABLE I - RESIDENTIAL MULTI- FAMILY INCLUDING TWO - FAMILY DWELLING UNITS DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES, FOR TRACT G 2 TABLE II - RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES, FOR TRACT G.. 3 TABLE III - DEVELOPMENT STANDARDS FOR CHURCH RELATED PRINCIPAL STRUCTURES, FOR TRACTS A, B, C ... 4 TABLE IV - DEVELOPMENT STANDARDS FOR CHURCH RELATED ACCESSORY STRUCTURES, FOR TRACTS A, B, C. 5 B- i First Assemblies, AR 12043 revised 6/10/08 7 %� Aaenda Item No, 171 July 22.. 2008 Page 297 of 315 TABLE RESIDENTIAL MULTI - FAMILY INCLUDING TWO - FAMILY DWELLING UNITS DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES For Tract G A. MINIMUM FRONT YARD 125 FEET MINIMUM SIDE YARD NONE, AS LONG AS MINIMUM DISTANCE BETWEEN STRUCTURES IS MET MINIMUM REAR YARD 1 25 FEET MINIMUM FLOOR AREA 850 SQUARE FEET PER DWELLING UNIT MINIMUM SETBACK FROM NORTHERN, 35 FEET PLUS ONE FOOT FOR EACH FOOT OF BUILDING HEIGHT SOUTHERN AND EASTERN MPUD BOUNDARY OVER 35 FEET MINIMUM YARD FROM INTERNAL PAVED 10 FEET UNLESS ATTACHED TO CARPORTS, GARAGES OR VEHICULAR USE AREAS PORTICOS" MINIMUM DISTANCE BETWEEN STRUCTURES I GREATER THAN 20 FEET MAXIMUM BUILDING HEIGHT MULTI - FAMILY STRUCTURES -- FOUR STORIES NOT TO EXCEED 52 FEET AS ZONED AND NOT TO EXCEED 56 FEET ACTUAL TWO - FAMILY STRUCTURES -- TWO STORIES NOT TO EXCEED 25 FEET AS ZONED AND NOT TO EXCEED 35 FEET ACTUAL MINIMUM DISTANCE FROM LAKES 20 FEET . This standard does not apply to travel ways that include public rights -of -way but may include parking areas and driveways. See Exhibit BI typical sketch for distance of principal uses, carports, garages or porticos from travel ways. B. DEVELOPMENT INTENSITY A maximum of 296 multi - family units are allowed on Tract G that may include three two - family dwelling units in separate structures. C.ROOFTREATMENTS All the roofs for multi - family units including two family dwelling unit structures shall be constructed of tile. D. TWO- FAMILY DWELLING UNITS The two - family dwelling units shall be subject to the standards of the LDC for Cluster Residential Design and approved as a Site Development Plan along with other multi - family structures. GENERAL: Except as provided for herein, all criteria shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, residential cooperative and/or homeowners' association boundaries shall not be utilized for determining development standards. B-2 First Assemblies, AR 12043 revised 6/10/08 — YiITYba- Agenda !tem No. 17J July 22, 2008 Page 298 of 315 TABLE II RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES For Tract G MINIMUM FRONT YARD 20 FEET MINIMUM SIDE YARD NONE AS LONG AS MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES IS MET MINIMUM REAR YARD 20 FEET DISTANCE FROM PRINCIPAL STRUCTURE 20 FEET OR 10 FEET FOR CARPORTS MAXIMUM BUILDING HEIGHT TWO STORIES NOT TO EXCEED 25 FEET AS ZONED AND NOT TO EXCEED 35 FEET ACTUAL BUILDING HEIGHTS MINIMUM SETBACK FROM MPUD BOUNDARY 1 25 FEET MINIMUM DISTANCE FROM INTERNAL PAVED 110 FEET UNLESS ATTACHED TO CARPORTS OR GARAGES" VEHICULAR USE AREAS' MINIMUM DISTANCE FROM LAKES 20 FEET • See Exhibit BI depicting location of carport areas adjacent to vehicular use arca/travel ways. B- 3 First Assemblies, AR 12043 revised 6/10/087A41p� A. Agenda Item No. 17J July 22, 2008 Page 299 of 315 TABLE III DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES For Tracts A, B, C MINIMUM FLOOR AREA FOR CARE 1 275 SQUARE FEET UNITS FAMILY UNITS FLOOR AREA FOR MULTI- 1 700 SQUARE FEET MINIMUM SETBACK FROM 35 FEET PLUS ONE FOOT OF SETBACK FOR EACH FOOT OF ZONED BUILDING NORTHERN, SOUTHERN AND EASTERN HEIGHT OVER 35 FEET MPUD BOUNDARY MINIMUM FRONT YARD 1 100 FEET ALONG CR 951, 35 FEET ALONG THE LORD'S WAY AND 25 FEET ELSEWHERE MINIMUM SIDE YARD I NONE AS LONG AS DISTANCES BETWEEN STRUCTURES ARE MET MINIMUM YARD FROM INTERNAL 10 FEET PAVED VEHICULAR USE AREAS MINIMUM DISTANCE BETWEEN I GREATER THAN 20 FEET STRUCTURES FIVE STORIES NOT TO EXCEED 67 FEET AS ZONED BUILDING HEIGHT AND NOT TO EXCEED 74 FEET ACTUAL BUILDING HEIGHT FOR CHURCH, MAXIMUM BUILDING HEIGHT EDUCATION FACILITY AND CARE UNITS. ALL OTHERS - THREE STORIES IN HEIGHT NOT TO EXCEED 40 FEET ZONED HEIGHT AND NOT TO EXCEED 45 FEET ACTUAL HEIGHT. THE HEIGHT TO THE TOP OF THE STEEPLE OF THE WORSHIP CENTER SHALL NOT EXCEED104 FEET. SHALL BE SEPARATED A MINIMUM OF ITS FALL ZONE RADIUS (BASED ON SETBACK RADIO TOWER THE HEIGHT OF THE EXISTING STRUCTURE) OF 170 FEET FROM ANY HABITABLE STRUCTURE PRESERVE AREA 1 25 FEET SPECIAL MINIMUM SETBACK 3 FEET FROM TRACT BOUNDARY; AND NO STRUCTURE IN THAT PORTION OF TRACT A LOCATED EAST OF THE FPL FOR THE MULTI- FAMILY/MULTI- EASEMENT SHALL BE CONSTRUCTED WITHIN 60 FEET OF ANY RESIDENTIAL PURPOSE BLDG. ON TRACT A EAST OF STRUCTURE (SEE ALSO EXHIBIT B -1 DEPICTING THE MULTI-FAMILY/MULTI- PPL EASEMENT PURPOSE BUILDING SETBACK) LAKESETBACK 20 FEET B-4 First Assemblies, AR 12043 revised 6/10/08 A. Agenda item No. 17J July 22, 2008 Page 300 of 315 TABLE IV DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES CHURCH RELATED USES For TRACTS A, B, C MINIMUM FRONT YARD 125 FEET ALONG THE LORD'S WAY; 50 FEET ALONG CR 951 EXCEPT FOR FISHING DOCKS . MINIMUM SIDE YARD I SAME AS PRINCIPAL STRUCTURES MINIMUM REAR YARD 1 20 FEET DISTANCE FROM PRINCIPAL 20 FEET STRUCTURE MAXIMUM BUILDING HEIGHT TWO STORIES NOT TO EXCEED 30 FEET ZONED BUILDING HEIGHT AND NOT TO EXCEED 35 FEET ACTUAL BUILDING HEIGHT" PRESERVE AREA 10 FEET MINIMUM SETBACK FROM MPUD 125 FEET OR FRONT YARD SETBACK, WHICHEVER IS GREATER BOUNDARY MINIMUM DISTANCE FROM LAKES 1 20 FEET `Fishing docks shall not intrude into the landscape buffer. "The monument honoring the National Christian Armed Forces will have a maximum height of thirty -five (35) feet and it shall be located no no closer than 50 feet from the western edge of this MPUD on the Master Plan. B. SIGNAGE REQUIREMENTS Accessory uses shall have no signage visible from The Lord's Way or CR 951 and signage shall only be permitted at entries to their respective buildings with on- premise directional signs. No advertising shall be permitted for accessory uses other than with materials directly associated with principal uses, such as church bulletins, flyers and circulars available to residents, employees, members, program participants and patrons of the principal uses (see also Exhibit A pertaining to accessory uses). C. PARKING OF RECREATIONAL VEHICLES (RV'S) Parking for RV vehicles is limited to Tracts A and C only and there shall be no more than three consecutive night stays permitted for each vehicle. A maximum of 25 RVs may be parked at any one time. This parking area shall be only for self - contained vehicles that include sanitary facilities. The developer shall provide a dump station on -site for use of residents only that is sufficient to serve the maximum number of RVs that may be parked at one time. D. SALE OF RECREATIONAL VEHICLES (RV'S) AND USED CARS Combined sales of RVs and used cars shall be limited to a maximum of 10 sales per year. A maximum of 3 vehicles may be stored or held for sale at any one time on Tract C at the repair site. No vehicles shall be stored on any other Tract. All storage, repairs and sales must be conducted inside a fully enclosed structure limited to Tract C only. Compliance with this provision shall be submitted as part of the annual PUD Monitoring Report. B- 5 First Assemblies, AR 12043 revised 6/10/06 7717W)a- r m ti c m Q fi E . 2/\ � \�\ ƒ Qe� } in ol I + < \u z / ) F- = Z \j| ce w{ \k Z n 2 \:E LU � \| F- 21 ?LU � f \ e V) 101 P ----------- . » � , �Z » 7 < / § � , \ � � I `, / I e j� � < \| �\ �K , § \ � 101 P ----------- . » � , �Z » 7 < / § � , \ � � I `, / I e j� � < \| �\ �K & R U / � E l |mm. & R U l |mm. �, (| � [ � § ) !I =, [ )) : }2 \ % || R /�q / � 2 ( $/• >� ~ \ j 4n n�' Itom N� 991 July 22, 2008 Page 303 of 315 PUDA- 2007 -AR -12043 First Assemblies PUD LEGAL DESCRIPTION: (AS FURNISHED BY CLIENT) THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE WEST 100 FEET THEREOF: AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALL SITUATED AND LYING IN COLDER COUNTY, FLORIDA. kroyv� THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00. 49'12 -W. (STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, 83/90) ABOVE GROUND IMPROVEMENTS EXISTING ON THIS PROPERTY HAVE BEEN LOCATED HEREON AS SHOWN. ABOVE GROUND INDICATORS OF UNDERGROUND UTILITIES EXISTING ON THIS PROPERTY HAVE BEEN LOCATED HEREON AS SHOWN. UNDERGROUND UTILITIES HAVE NOT BEEN LOCATED ON THIS SURVEY. ALL OTHER IMPROVEMENTS EXISTING ON OR ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED OR SHOWN ON THIS SURVEY. ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR. THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PROPERTY AREA: 68.78 ACRES, MORE OR LESS. CERTIFIED TO: FLORIDA COMMUNITY BANK FIRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INC., A FLORIDA CORPORATION T18 BANK OF THE KEYS FIRST TITLE AND ABSTRACT, INC. CHICAGO TITLE INSURANCE COMPANY Legal Description Exhibit D Agenda Item No. 17J July 22, 2008 Page 304 of 315 EXHIBIT E FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS MPUD REZONE LIST OF REQUESTED DEVIATIONS FROM LAND DEVELOPMENT CODE (LDC) 1. Deviation No. 1 seeks relief from LDC Section 4.06.02 CA, which requires a 20 foot wide Type D buffer along The Lord's Way, to allow this buffer to be reduced from 20 feet to 10 feet in width along Tract G, the Multi- Family Tract. This deviation will also allow the existing 10 foot wide buffer to remain on Tract A adjacent to The Lord's Way prior to the widening of The Lord's Way and to allow this Type D buffer to remain 10 feet in width after the widening of The Lord's Way and to be relocated to the north of the existing sidewalk. The plantings in the 10 foot Type D buffer area on Tract A shall be located just to the north of the sidewalk. (See Exhibit I, The Lord's Way Typical Cross Sections for Tract A and G.) 2. Deviation No. 2 seeks relief from LDC Section 5.06.04 C.I6.b.i, to allow a off- site premises sign in the southwest corner of the subject property on Tract A. The deviation is to exceed the maximum area of 12 square feet to allow the off -site premise sign to be a maximum size of 32 square feet as an addition to the existing sign. (See MPUD Master Plan and Exhibit G depicting proposed sign detail.) 3.A. Deviation No. 3A seeks relief from LDC Section 05.06.04 C.Lc, that allows a maximum sign area of 80 square feet, the deviation is to allow a maximum size of 132 square feet in area. The sign is currently 100 feet in area. (See Exhibit G for sign detail and also Deviation no. 2.) 3.B. Deviation No. 3B seeks relief from LDC Section 05.06.04 C.16.b.ii., that limits the height of the sign to 8 feet above the lowest center grade of the arterial roadway and to allow the existing sign to remain 20 feet in height. 3.C. Deviation 3C seeks relief from LDC Section 5.06.04 C. La, that limits the size of signs to 15 feet to allow the existing 20 foot tall sign to remain. 4.A. Deviation No. 4A seeks relief from LDC Section 5.06.04 C.I6.b.v, which requires an off -site premise sign be located within 1,000 feet of the intersection of the roadway to allow the sign to be 1,400 feet from the property it serves on Tract G. 4.B. Deviation No. 4B seeks relief from LDC Section 6.06.02 A.1, Sidewalk and Bike Lane Requirements to allow relief from the requirement that a 6 foot wide sidewalk and bike lane be provided along The Lord's Way (a requirement for The Lord's Way upon becoming an arterial roadway in the future). The deviation is to allow the northerly most WCurrentOESELEMIPUD RezonesTirst Assembly of God Naples, PUDA - 2007- AR- 12043TUD does for BCCIEXHIBIT E List of Deviations 5- 9- 08.doc Page 7 Agenda Item No. 17J July 22, 2008 Page 305 of 315 existing 7 foot wide sidewalk to remain west of the existing entrance into First Assembly Ministries on Tract A to satisfy the pedestrian access requirements of LDC Section 6.06.02 A. 1. This deviation will also allow a 5 foot wide sidewalk to be constructed within a five foot easement area on Tract G, the multi - family tract, to satisfy this LDC requirement. (See also Exhibit I, The Lords Way Typical Cross Sections.) 4.C. Deviation No. 4C seeks relief from LDC Section 6.06.02 A.1, Sidewalk and Bike Lane Requirements that requires sidewalks on both sides of the street and to allow a sidewalk on only one side of the internal access drives for the multi - family Tract G as buildings are proposed only on one side of the access drive. Furthermore, the project includes a proposal for an extensive internal pedestrian circulation system for access throughout the MPUD. (See MPUD Master Plan.) 4.D. Deviation No. 4D seeks relief from LDC Section 6.06.02 A.1, which requires a 6 foot wide sidewalk and bike lane along C.R. 951, an arterial roadway, to allow an existing 7 foot wide sidewalk along a portion of the C.R. 951 road frontage on property belonging to First Assembly Ministries to satisfy this requirement or by providing money in lieu of providing a sidewalk. A connection will be provided from the sidewalk on The Lord's Way to the sidewalk which the County will construct on CR 951 east of the canal at the intersection of The Lord's Way and CR 951. 5. Deviation No. 5 seeks relief from LDC Section 6.06.01 B, Street System Requirements, which requires that layout of all developments to be coordinated with surrounding properties to provide interconnections. The deviation is to allow private access to both the church campus and multi - family development to be private entrances and to not require interconnection between the two uses. A provision has been made for a potential future access to the east. 6. Deviation No. 6 seeks relief from LDC Section 5.05.04 D.1, Group Housing which requires a maximum floor area that shall not exceed 0.45 for care units. The deviation is to allow the care units to be developed within the 368,000 square feet of floor area for all uses. 6.A. Deviation No. 6A seeks relief from LDC Section 5.05.04 D.3.b. that requires 0.75 parking space per assisted living unit, to allow .75 parking space per 10 care units. 7. Deviation No. 7 seeks relief from LDC Sections 4.06.02 DA and 5.03.02 E.3, pertaining to minimum landscape buffer width and minimum wall setback, respectively. The LDC requires that a 15 foot wide Type B landscape buffer and a 10 foot wide Type A landscape buffer to be provided along the property boundary between Tract G, the multi - family tract, and Tracts A and C of First Assembly Ministries' campus, with the 15 foot Type B buffer to be provided for the more intensive use (i.e., on Tracts A and C) and the 10 foot Type A buffer to be provided for the less intensive use (i.e., on Tract G). The LDC also requires that the non - residential use provide a minimum 6 foot high concrete _ (precast or masonry) wall a minimum of 6 feet from the residential zoning district G:1CurrenADESELEfd\PUD Rezones \First Assembly of God Naples, PUDA- 2007 - Aft- 12043\PUD dots for BCC\EXHISIT E List of Deviations 5- 9- 08.doc Page 2 Agenda Item No. 17J July 22, 2008 Page 306 of 315 boundary (i.e., at least 6 feet inside Tracts A and Q. The LDC allows for reductions in required buffer widths to a minimum width of 10 feet provided that compensating increases in width are made elsewhere in the buffer. The deviation is to locate the buffers within platted easements as depicted on Exhibit C, the MPUD Master Plan, departing in places from the property line and with portions of either buffer encroaching onto an adjacent tract(s). Areas depicted in the legend represent reductions in buffer width and include compensating increases in buffer width. Portions of the 10 foot Type A buffer on Tract G — Phase 2 (i.e., adjacent to Celebration Boulevard, the existing entry road into Tract A) are shown with a reduction in width to less than 10 feet, severed in some places, due to the encroachment of proposed impervious improvements. The required wall shall be located a minimum of 6 feet from the residential side of the 15 foot Type B buffer. 8. Deviation No. 8 seeks relief to LDC Section 4.06.02 C, Table 2.4, which requires buffering internal to uses within Tracts A and C. The deviation is to allow no buffering between uses internal to Tracts A and C. See also Deviation no. 7 that provides buffering between Tracts A and C. 9. Deviation No. 9 seeks relief from LDC Section 4.05.04 G., Table 17, Parking Spaces Required which requires 3 parking spaces for each 7 seats in the chapel or assembly area, to allow a reduction of this standard to a minimum of 1 space for each 4 seats that is typically only for the expansion allowed due to congregational growth so as to allow this standard to apply only to previously approved church - related structures in existence prior to the adoption of this Ordinance. Any future church - related parking area will require the standard of 3 parking spaces for 7 seats. GACurrent\DESELEWPUD Rezones \First Assembly of God Naples, PUDA- 2007- AR- 12043TUD dots for BCCEXHIBIT E List of Deviations 5- 9- 08.doc Page 3 Agenda Item No. 17J July 22. 2008 Page 307 of 315 EXHIBIT F FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS MPUD REZONE LIST OF DEVELOPER COMMITMENTS 1. GENERAL Development of the First Assembly Ministries Education and Rehabilitation Campus MPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan (SDP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2. AFFORDABLE HOUSING GMP COMMITMENTS A. A minimum of 147 of the 296 affordable- workforce and market rate housing units, as they become available, will be offered first to persons involved in providing essential _ services personnel (ESP) as defined in the LDC, as further defined in the County's Local Housing Assistance Plan. The period of time that the dwelling units will be reserved for persons providing essential services will be a minimum of 60 days from the date of issuance of a certificate of occupancy for the initial offering and 60 days from the date a unit is offered thereafter. The developer shall comply with the following affordable housing commitments upon approval of the SDP for Tract G, the multi - family tract. B. The developer of Tract G, the multi - family tract, shall comply with one or more of the following: i. The Affordable- Workforce Housing Density Bonus provisions in the LDC, in effect as of February 19, 2008, the date of adoption of the GMP provisions affecting the subject property; or, ii. State law applicable to the designation as a Community Workforce Housing Innovation Program (CWHIP) Project by the State of Florida. 1.) the developer shall provide a minimum of 80 ESP dwelling units comprised of a minimum of 10 dwelling units for those earning less than 80% of the median income for Collier County, and 2.) a minimum of 70 dwelling units for those earning between 80% and 140% of the median income for Collier County; or, iii. The developer shall enter into an agreement with Collier County assuring that no fewer than 147 affordable- workforce and market rate housing units are constructed and, as they become available, will be offered first to ESP, persons F- 1 First Assemblies, AR -12043 revised 6/9/08 7� f.genda :tern No. 17J July 22. 2008 ?age 308 of 315 involved in providing essential services in Collier County. Such agreement shall be in effect for not less than 15 years. Such an agreement shall provide that a minimum of 35 dwelling units shall be provided for those earning no more than 150% of the median income of Collier County, and a minimum of 25 dwelling units shall be provided for those earning no more than 80% of the median income of Collier County. C. No more than 57 market rate dwelling units shall be constructed prior to the construction of all affordable- workforce housing (AWH) dwelling units and the following phasing schedule shall apply, however, more AWH units may be included in any one phase. Development of the project will be phased, as follows: Phase lA 60 AWH units + 57 market rate units= 117 ESP units Phase lB 30 market rate ESP units Phase 2 149 housing units D. The maximum primary occupancy per dwelling unit in the 296 non - church- related dwelling units for two and three bedroom units (one bedroom units are not permitted) shall be as follows: 1. Two bedroom units -five occupants. 2. Three bedroom units -seven occupants. C. All but 4 mobile home units currently located on Tract A east of the FPL right -of -way shall be removed from the subject property prior to the construction of any housing not reserved for church - related employees, staff and program participants. The 4 remaining mobile home units may serve as adult care units for program participants, and shall be removed as they are replaced by permanent multi - family residential structures, 20 temporary adult care units and related accessory uses, or within 24 months from the date the GMP Amendment is adopted (February 19, 2008), whichever is sooner. 3. TRANSPORTATION A. Up to 55 feet on Tract G and approximately 50 feet on Tract A up to the existing 7 foot wide sidewalk shall be reserved along the southern portion of this MPUD for Collier County for an east/west public right -of -way corridor, a portion of which currently includes a 30 foot easement for The Lord's Way. The right -of -way shall be dedicated to Collier County in fee simple title and free of any encumbrances upon request by Collier County based upon a demonstrated need for the roadway. Incorporation into the Collier County Capital Improvement Element shall constitute demonstrated need. The right -of -way shall be dedicated at no cost to the County. The right -of -way shall be dedicated to Collier County within 120 days of such demonstrated need. (See also Exhibit C -1 and Tract F on the MPUD Master Plan.) F- 2 First Assemblies, AR -12043 revised 619/08 7YrrrvA Agenda Item No. 17J July 22, 2008 Page 309 of 315 B. Signalization at the Collier Boulevard/The Lord's Way intersection shall be provided when warranted and a fair share contribution shall be provided by the developer of this MPUD. C. The right -of -way reservation for The Lord's Way shall satisfy the developer's mitigation requirements pursuant to Policy 5.1 of the Transportation Element of the GMP so the project can be found consistent with the GMP. (See also Exhibit C -1, The Lord's Way Typical Cross Sections for Tracts A and G.) The mitigation will not alter the phasing requirement set forth in Exhibit F.3.D. D. Residential development shall be phased. Phase One development is limited to 147 dwelling units and 10 church - related dwelling units and will commence upon SDP approval. (See also Exhibit F.21.) Phase Two development will permit construction of the remaining 149 units for any prospective property owner, plus any units allowed but not constructed during Phase One. For the 149 dwelling units in Phase Two, no certificate of occupancy shall be issued until improvements to the deficient segment of Davis Boulevard are complete from CR 951 to Radio Road. E. The existing throat length on Tract A shall remain the same after the widening of The Lord's Way and the gatehouse shall remain in its present location. F. A sidewalk interconnection shall be required between Tracts A and G in the vicinity of The Lord's Way and church gatehouse. (See MPUD Master Plan.) G. The cost of any (potential, future) turn lanes onto The Lord's Way created to serve this development shall be bome by the developer, its successors, or assigns. This commitment shall remain valid after such time that The Lord's Way has been publicly dedicated. H. A 5 foot sidewalk will be constructed within the 5 foot easement dedicated to Collier County along The Lord's Way on Tract G, the multi - family tract. The existing 7 foot sidewalk on Tract A shall be deemed sufficient to satisfy pedestrian access requirements on the church's property. (See also Exhibit E, 7.) I. The developer of Tract A shall be responsible for relocating landscaping from the existing buffer to the new buffer north of the existing sidewalk at no cost to the County and with no claims for any future disruption to the landscaping in the event of The Lord's Way widening. F- 3 First Assemblies, AR -12043 revised 6/9/08 'Yn')77 ':gen -a Iiem Na, 17J July 22 2008 Page 310 of 315 4. LANDSCAPE/BUFFERING /WALL REQUIREMENTS A. The plantings within the Type D buffer area on Tract G shall consist of trees on 15 foot centers. This provision is designed to implement GMP provisions pertaining to enhanced landscaping in the Collier Boulevard Community Facility Subdistrict. B. When the existing 10 foot buffer is relocated on Tract A, it shall consist of trees on 15 foot centers. This provision is designed to implement GMP provisions pertaining to enhanced landscaping in the Collier Boulevard Community Facility Subdistrict. C. A continuously running 6 -foot high concrete wall shall be provided by the developers of each respective portion of the site along the entire western boundary of Tract G. Said wall must be in place prior to the issuance of the first certificate of occupancy in Tract G. 5. RECREATIONAL FACILITIES A tot lot shall be provided on Tract G for children 2 to 12 years of age, which meets ASTM standards. The tot lot shall be constructed prior to the issuance of the first certificate of occupancy for the first multi - family building. First Assemblies, AR -12043 revised 6/9108 77?Y1;`4 F- 4 0 0 cv Agenda Item No. 17J July 22 2008 Penn 41 ? of �t F - 24' X18 „; i� 5 4 ro 950 Encore way ON —SITE & OFF —SITE R.D. ` 2005.05M Na lea. FL 34110 DRANK BY : CAD FlLE NAIAc 39) 254 -2000 PREMISE SIGNAGE JON SIGN Phone: 2 Florida Certificate of DAIS : E%M&T - MU fl9Efl1511NIfl69A�E1>p5 Authorization No.1772 EXHIBIT G ,Fl„„ Agenda Item N4'a '' 1 I of I July 22, 2668 Page 312 of 315 DeselemKay From: IstenesSusan Sent: Monday, July 07, 2008 2:10 PM To: DeselemKay Subject: FW. OrdinanceNo. 99 -59 and petition by First Assemly to amend subject PUD For the file ij.'' '31E. &5'CIP, - Di'�t'�' From: fiala d Sent: Sunday, June 29, 2008 10:14 PM To: IstenesSusan Subject: FW: OrdinanceNo. 99 -59 and petition by First Assemly to amend subject PUD From: Roedmon @aol.com [mailto:Roedmon @aol.com] Sent: Sunday, June 29, 2008 12:30 PM To: Fiala d Subject: OrdinanceNo. 99 -59 and petition by First Assemly to amend subject PUD We are residents of Naples Lakes located on Hgy 951. As regards the above petition we request that you: {1 j Hold the petitioned to 249 beds not 249 rooms. {2} Establish a specific timeframe for the removal of the mobile homes. {3 }0ppose the construction of a garage and that there not be any overnight parking of buses or RV's. We are not opposed to the other elements of the petition to change the PUD. Thank you for your consideration of our request. Edward J Monahan and Rona J Flaherty Gas prices getting you down? Search AOL Autos for fuel - efficient used -cars. 7/8/2008 Agenda item Njla` M of 1 July 22, 20008 Page 313 of 315 _ peselemKay rrom: IstenesSusan Sent: Monday, July 07, 2008 2:11 PM To: DeselemKay Subject: FW: First Assembly of God Ju. 'x'x .. (TS C P, From: fiala_d Sent: Sunday, June 29, 2008 10:24 PM To: JKelly5329 @aol.com Cc: IstenesSusan Subject: RE: First Assembly of God Thank you so much for writing and expressing your views. I agree. Donna Fiala From: JKelly5329 @aol.com [mailto:JKelly5329 @aol.com1 Sent: Saturday, June 28, 2008 11:45 AM °i: fiala_d; HalasFrank; henning_t; CoyleFred; Colettalim; District5-J imColettaJimColetta @colliergov.net; fiala_d; District2- ankHalasFrankHalas @colliergov.net; District3- TomHenningTomHenning @colliergov.net; Dlstrict4- FredCoyieFredCoyle@colliergov.net Subject: First Assembly of God Re First Assembly of God request to repeal ordinance # 99 -59. Please deny the petioner's request to revise the petition allowing 249 units Vs 249 beds. I also request that a time be established for the removal of the existing mobile homes and deny the construction of a garage and overnight bus parking to prevent continued use of motor home parking. Thank you James Kelly 5076 Castlerock Way Naples, FL 34112 Gas prices getting you down? Search AOL Autos for fuel - efficient used cars. 7/8/2008 Agenda Item N(p. eI l of 1 July 22, 2CM8 Page 314 of 315 DeselemKay From: IstenesSusan Sent: Monday, July 07, 2008 2:11 PM To: DeselemKay Subject: FW: Zoning Changes �Dcyw.c,..u�t o� b u,a .iar,a �c.ve.�c�amari.t C From: fiala d Sent: Sunday, June 29, 2008 10:34 PM To: dtura @comcast.net Cc: IstenesSusan Subject: RE: Zoning Changes Thank you so much for writing. I really appreciate you offering your concerns. I agree. Donna Fiala From: dtura @comcast.net [mailto:dtura @comcast.net] Sent: Friday, June 27, 2008 2:53 PM To: fiala d Cc: napleslakescc @mailer.memfirst.net Subject: Zoning Changes Donna, with respect to the proposed repeal of Ordinance 99 -59 by the First Assembly of God, I would like to state that in that ordinance the 400 bed facility cannot be allowed to be replaced by a 249 unit facility. This change could allow up to 996 beds which to me is out of the question. Also the introduction of a vehicle maintainance garage, overnight bus parking does not bode well for the community. It would look like a motor home stop over. Lastly with respect to the 4 existing mobile homes, a timeline needs to be established for thier removal. In other words a No Later Than date. 7/8/2008 Agenda Item N� 1 of 1 July 22, Page 315 of 315 _.DeselemKay From: David Mallory [bigmals @msn.comj Sent: Wednesday, June 25, 2008 8:11 PM To: DeselemKay Subject: FW: Letters of Concern J. David Mallory From: bigmals @msn.com To: donnafiala @colliergov.net Subject: Letters of Concern Date: Wed, 25 Jun 2008 20:09:07 -0400 Dear Commissioner Fiala, I am writing you in regards to issues that were brought to your attention by a few of our neighbors living at Naples Lakes. I will address each one separately: 1. Noise after 11 pm - Our services are generally over by 9 pm. We have never had loud music late into the night. The Swamp Buggy Park rents out their facilities and perhaps the noise was coming from there area. 2. 249 Beds - We have already agreed to 249 beds if this issue remains on the Board Of Commissioners Consent Agenda. 3. Abundance of construction vehicles, pipes etc. on property - These belong to the county project that is putting in new wells down 951 and does not pertain to our project. 4. The proposed °Transportation Building" -This building will act as a facility management building. It is for the purpose of upkeep to our property and properly maintaining the vehicles used by the church to provide transportation for our children, teens, seniors and guests. It is an aesthetically beautiful facility that is in keeping with the other architecturally appealing buildings on our property. Naples Lakes has a facility management building that is a green metal structure seen from Rattlesnake Hammock Road. These facilities are necessary for the upkeep of any project. Although it will have a service function, it will be stucco and barrel tile to hold to our personal structural standard. It has been, and will remain our intent to be Good Neighbors. We are an alcohol and drug free campus that holds to high standards of conduct. Our activities are beneficial to the community and have been in place for more than 20 years under consistent leadership. This letter (e -mail) is being sent to those who wrote to you for the purpose of open communication. I will be sending you a personal letter regarding comments you made at a Kiwanis meeting regarding First Assembly Ministries. These are of great concern to our n staff, board, congregation and business associates. Sincerely, Pastor David Mallory 7/8/2008