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CCPC Agenda 09/03/2009 R AGENDA {cu{ ~ ~~~el COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 3, 2009, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - AUGUST 6, 2009 6. BCC REPORT-RECAPS - NO MEETINGS IN AUGUST 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: PUDZ-2008-AR-1409L LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Y ovanovich, Esq., of Goodlette, Coleman, Johnson, Y ovanovich and Koester, is requesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a 764,524 square-foot continuing care retirement community (CCRC) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located in Section 1, Township 49 S, Range 25 E, Collier County, Florida. (Coordinator: John-David Moss, AICP) 1 B. Petition: PUDZ-2009-AR-14141, The Naples-Italian American Club, Inc. represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard Y ovanovich of Goodlette, Coleman, Johnson, Y ovanovich & Koester PA, is requesting a Rezone from the Agriculture (A) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow up to 20,000 square feet of civic, social or fraternal organizations and 34,000 square feet of commercial and professional office uses. The approximately 5.0- acre subject property is located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: John-David Moss, AICP) 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2007-AR-l1100, Highland Properties of Lee and Collier, Ltd., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., is requesting a rezone from the Rural Agricultural (A) zoning district with a Special Treatment (ST) overlay to the Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the Taormina Reserve MPUD, to allow construction of a maximum of 528 residential dwelling units and up to 262,000 square feet of commercial uses on approximately 82.51 acres. The subject property is located in the southeastern quadrant of the Santa Barbara Boulevard and Davis Boulevard (SR 84) intersection, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: John-David Moss, AICP) (CONTINUED FROM AUGUST 20,2009) B. Petition: CU-2009-AR-14231, Peace Lutheran Church of Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LP A, requesting three Conditional Uses for a church, child care center, and private school in the Rural Agriculture (A) zoning district pursuant to subsection 2.03.01.A.l.c., of the Land Development Code. The subject property is located at 9824 Immokalee Road (CR-846), in Section 25, Township 48 South, Range 26 East, Collier County, Florida (Coordinator: Melissa Zone) C. Petition: PE-PL-09-260, Collier County Airport Authority represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons of the Marco Island Executive Airport. Subject property is located on a 1:f: acre tract within Section 26, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 15. CONTINUATION OF THE FLOODPLAIN MANAGEMENT MEETING OF MONDAY, AUGUST 24,2009 A. Discussion of a new meeting date 8/6/09 eepe Agenda/Ray Bellows/cr 2 ~ UI ~ - - 0) - en c :::s ~~Q~ - - UI g~- ~ =0-- -0 ~ "CI.... 51 :l!! .. rl~rl -= i: n 15 ~ ; t">>~ 0 ~~~ :::s C ~g.~ ... ~ .. = Ro m ~ ~ - 0-- In ........ 0 W I ~ o~ CD n n ~ =~ ~ - ........ ,... 0 = = o 3 ~ 1:1 0) .. ... - ~ Clo" = t'> t:i t'f'j ... ~ cr _. = rIJ :> .. :> (") ft) :s t"" (") n' Q. to 'OQ 1:1 '" :r (JCI ~ t: - .- ~ ~ - frl 0) "" 0 - - ,...; - - ,"';" - I;; ,':: ~&. .- 0 ;.;;.. I -0 ~ a." UI , - ::: .~ r:: '" -< - :::~ - .'"' - ~ ..... "S' - "'" --0 - ;'ri -I )> ,.... ;~ , ,- 1:1 .. ::r (JQ 51 .. C 1:1 - ... n ,... -. 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AGENDA ITEM 8-A ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, 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 THE ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD), OAK GROVE PLANNED UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) ZONING DISTRICTS TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW A CONTINUING CARE RETIREMENT COMMUNITY FOR A PROJECT KNOWN AS THE SIENA LAKES CCRC CPUD, LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, CONSISTING OF 29.25:1:: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole Montes, Inc. and Richard Yovanovich, Esq. of Coleman, Yovanovich and Koester, PA, representing LCS-Westminster Naples 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: SECTION ONE: The zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, in Collier County, Florida, is changed from the Orange Blossom Gardens Planned Unit Development (PUD), Oak Grove Planned Unit Development (PUD) and Agricultural (A) Zoning Districts, to a Commercial Planned Unit Development (CPUD) known as the Siena Lakes CCRe CPUD in accordance with Exhibits A through G, attached hereto and incorporated herein and by reference made part hereof. The appropriate PUDZ-2008-AR-14091 REV. 7/27/09 Page 1 of2 ._. ."n' ll_ 4..101 .. -4.1Ili U __^,""H"_"'_".~__...'" zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C-I - Master Plan Exhibit C-2 - Line of Sight Exhibit C-3 - Landscape Buffer Elevations Exhibit C-4 - Cross Sections and Details Exhibit C-5 - Site Amenities Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Develoner Commitments CP\08-CPS-00919\25 PUDZ-2008-AR -14091 REV. 7/27/09 Page 2 of2 EXHIBIT A LIST OF PERMITTED USES Siena Lakes CCRC CPUD Continuing Care Retirement Communities (CCRCs) CCRCs offer several services in one locution, Vi'hich gives people the chance to stay in one place even if their needs change as they age. These services may include nursing care or other health services, meals, housekeeping services, transportation and emergency assistance and also a variety social activities and educational opportunities on the CCRC campus. The CCRCs shall also provide residents '.'/ith a contract that says the CCRC will offer residents '"'lith housing and services for life. PERMITTED USES A maximum of 764,478 square feet shall be permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Residential uses for persons aged 62 and over shall be permitted consisting of 340 independent living units and an assisted living facility comprised of 20 assisted living beds, 45 skilled nursing beds and 15 memory (dementia) care beds. A minimum of 72,000 square feet of various associated amenities shall be provided so residents may age in place. Personal support services shall also be provided to the independent living residents. Density shall be permitted at a combined maximum floor area ratio (FAR) of 0.60. A. Principal Uses: 1. Independent living units (ILU). Units such as houses, duplexes, town houses or apartment residences for residents who do not require special medical assistance; however, the same services offered to the dependent population shall be made available if they choose to use them. 2. Assisted living units (ALU). Assisted living is a long-term residence that provides care in a residential setting. 11 is designed for those who need help in their day-to-day lives but who do not require 24-hour skilled nursing care. 3. Alzheimer Special Care or Memory Care Units (SCU). SCUs are usually a floor or units inside of a much larger ALU to meet the special needs of residents with dementia. 4. Skilled Nursing units Facility (SNF). A residence that provides a room, meals, and help with activities of daily living and recreation. Residents would generally have physical or mental problems that keep them from living on their own and, therefore, usually require daily assistance. August 19. 2009 5. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. B. Indoor Accessory Uses, Structures and Amenities: 1. The following uses shall comprise a minimum of 10.75% of the total floor area of the project (approximately 72,257 square feet): Maintenance Building; Lobby; Administrative Offices; Housekeeping; Public Restrooms; Coat Room; Main Dining Room; Cocktail Lounge; Private Dining; Central Kitchen; Bank; Postal Outlet; Library; Game/Card Rooms; Business Center; Billiards Room; Arts Studio; Beauty/Barber Shop; Resident Social Director's Office; Receiving Room; Nurse Practitioner's Office; Woodworking Studio; Convenience Store; Coffee Shop; Ice Cream Parlor; Auditorium; Exercise Studio; Physical Therapy; Physician Office; Locker Room and Showers; Swimming Pool (enclosed); Aerobics/Group Fitness Room: Resource Center/Classroom; Massage/Spa Therapy; Beauty Salon (AL& SNF); Exercise Physiologist Office; Resident Services Director's Of1ice; Resident Services Staff's Office. August 19.2009 c. Outdoor Accessory Uses, Structures and Amenities: 1. Parking facilities; covered loading dock; guard house; outdoor recreational facilities such as swimming pool and deck and similar facility; walking trails; signs and water management facilities; hardscape, seating, trellis and decks; lawn games - croquet, badminton and lawn bowling; deck and trellis; putting greens; courtyard, garden and landscaping; swimming pool and deck. D. Miscellaneous Accessory Uses, Structures and Amenities: 1. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. Augus119,2009 EXHIBIT B DEVELOPMENT STANDARDS Siena Lakes CCRC CPUD Table I below sets forth the development standards for land uses within the Siena Lakes CCRC CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT PRINCIPAL STRUCTURES ACCESSOR Y USES MINIMUM LOT AREA N/A N/A MIMINUM FLOOR AREA: ALU* 609 sq. ft. N/A SNr 305 sq. ft. N/A ILU 830 sq. ft. N/A ---.---.------------ MINIMUM SETBACKS 3-, 4- and 5-story structures From south property line ] 00 feet 25 feet From west property line 60 feet 40 feet From east property line 90 feet 25 feet From north property line 80 feet 25 feet All other structures 25 feet 25 feet -----.-..---.--- INTERNAL DRIVE I I 0 feet o feet , SETBACKS I (from edge of pavement) LAKE SETBACKS I 20 feet (except where adjacent to 20 feet J__ boardwalk) MIMINUM DISTANCE 35 feet N/A BETWEEN STRUCTURES _._._------~-"--,_._._-- MAXIMUM HEIGHT ALU (2 stories)* 42 feet ZH and 45 feet AH SNF (2 stories) 42 feet ZFI and 45 feet AH 30 feet ZH ILU (3 story) I 41.5 feet ZH and 48 feet AH 35 feet AH ILU (4 story) 60 feet ZH and 69 feet AH ILU (5 story, incl. parking) 60 feet ZH and 69 feet AH Commons (2 story) 42 feet ZH and 45 feet AH -~--_.__._------- *ALU-Assisted Living Units (which includes Memory Care Units) SNF-Skilled Nursing Facility ILU-Independent Living Units ZH = ZONED HEIGHT AH = ACTUAL HEIGHT II. LANDSCAPING STANDARDS 1. To provide an enhanced buffer, trees shall be installed at less than 25 feet on center (OC) to allow for clustering to provide a more effective buffer. 2. The quantity of trees proposed shall be an additional 20%) over what is required. June 23, 2009 3. Tree heights shall exceed the required 10-foot overall height (OAH) minimum. Canopy trees shall be at 16-18 feet OAH and Slash Pines 14-18 feet OAH. Cabbage Palms shall exceed the required 10-foot clear trunk (CT) minimum by specifying 15-20 feet CT with an additional 10 feet of crown. 4. Plantings shall occur on both sides of the required buffer walls with the additional plantings being installed on the residential side of the walls. Ultimately, this will create a staggered "green wall" to effectively screen the buildings. The type D buffer along the western property line shall meet LDC requirements. The following standards have been added to each buffer along the north, east and south property lines (see also Exhibits C- 2 and C- 3 for further details): NORTH PROPERTY LINE IS-foot wide Type B buffer with trees spaced no greater than 25 feet OC and a single row hedge of 10 gallon material, at a minimum of 5 feet in height (HT) with a 3-foot spread, placed a maximum of 4 feet OC. i:1672 linear feet (LF) = 67 Trees, 418 Shrubs required 81 Trees, 2:418 Shrubs provided, using lesser spacing EAST PROPERTY LINE IS-foot wide Type B Buffer with trees spaced no greater than 25'OC and a single row hedge of 10 gallon material, at a minimum of 5 feet HT with a 3' spread, placed a maximum of 4' OC. + 728 LF = 30 Trees, 187 Shrubs required 36 Trees, 2:187 Shrubs provided, using lesser spacing SOUTH PROPERTY LINE (Enhanced Type B buffer to be installed vs. the required Type D buffer, for improved screening) IS-foot wide Type B buffer with trees spaced no greater than 25 feet OC and a single row hedge of 10 gallon material, at a minimum of 5 feet HT with a 3-1'oot spread, placed a maximum of 4 feet OC. + 1677 LF = 67 Trees, 420 Shrubs required 81 Trees, 2:420 Shrubs provided, using lesser spacing WEST PROPERTY LINE IS-foot wide Type B Buffer with trees spaced no greater than 25'OC and a single row hedge of 10 gallon material, at a minimum of 5 feet HT with a 3' spread, placed a maximum of 4' OC. +721 LF = 30 Trees, 187 Shrubs required 36 Trees, 2:187 Shrubs provided, using lesser spacing July 22, 2009 \\ ~ , I ;] , I ffi , ~ , I > ~ . ~ z : \ 3 ~ g > 5 ~ ! ~ I ~ ~ ~ z ~ 0 , I ~ ~ . ~ ~ , I . 0 z II 0 . , z ~ .. z ~ .. @ 0 ~ . z ~ ~ ~ ~ . ~. ~ < ~ 0 ~ i ~ 1 : 0 ~ ~ ~ ~ ! 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EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC Siena Lakes CCRC CPUD 1. A deviation from LDC Section 5.03.02.E. 2. and 3, which requires that a wall and/or fence be a minimum of six (6) feet in height and a maximum of eight (8) feet in height and that it be located a minimum of six (6) feet from a residentially zoned district. This deviation is to allow a currently existing six foot wall located on the Lakeside of Naples at Citrus Gardens PUD (north ofthe subject property) satisfy the requirement and not require the construction of an additional wall). (See proposed CPUD Master Plan.) (Deviation No. 1.) 2. A deviation from LDC Section 6.06.02.A.2, to require a sidewalk on only one side of the proposed internal access drives and entrance to the project as shown on the CPUD Master Plan. (Deviation No.2.) 3. A deviation from LDC Section 4.06.0S.N.I.a, Configuration of water management areas, which requires the shape of a manmade body of water, including retention and detention areas, to be designed to appear natural with curvilinear edges. See "Body of Water Shapes" Figure Y in subsection 4.06.02 D. to allow an alternative design where the lakes are internally related to the proposed building envelopes as shown on the Master Plan. (Deviation No.3.) 4. A deviation from LDC Section 6.06.01.0, which requires a width of 60 feet for a private roadway, to allow a private roadway width of24-JQ feet within an access easement along the western edge of the property. This easement will provide two lanes for access to the Lakeside of Naples at Citrus Gardens PUD. (Deviation No.4.) 5. A deviation from LDC Section 6.06.02.A.], which requires sidewalks on both sides of a local street that is adjacent to the site, to allow the;:M 30-foot wide, two lane access drive located on the western edge of the property to have flB sidew::llks a six foot wide combination bike path and sidewalk on the east side of the access road. (Deviation No.5.) 6. A deviation from LDC Section 4.06.02. CA, which requires that a Type D landscape buffer of 20 feet in width be provided adjacent to any road right-of-way, to allow the required buffer to be reduced to 15 feet along the ;:M )0- foot wide roadway access easement located along the western property line. (Deviation No.6.) August 7, 2009 EXHIBIT F DEVELOPMENT COMMITMENTS Siena Lakes CCRC CPUD 1. TRANSPORTATION REQUIREMENTS 1. Within 30 days of the issuance At the time of the application of the first building permit, the developer shall provide a non-exclusive public access easement, ;M 30 feet in width, along the west property line and shall construct a two lane access road (as outlined in no. 6 below). There shall be no maintenance responsibility and no cost to the County. 2. Compensating right of way will be conveyed to Collier County, at no cost, in the form of an easement as shown on the CPUD Master Plan. 3. The 40' right of way reserved to construct the additional lanes along Siena Lakes Orange Blossom Drive frontage will be conveyed to the County in exchange for a negotiated value of not to exceed $150,000; which excludes the value of compensating right of way within the reservation that is required for the necessary turn lane. Conveyance of the reserved right of way shall occur within 30 days of issuance of the first building permit. Any additional right of way outside of the 40' required to construct turn lanes along Orange Blossom Drive frontage will be conveyed to the County in fee simple and at no cost to the County. 4. The developer agrees to provide, at no cost to Collier County, any necessary temporary construction easements needed to perform the following work along Orange Blossom Drive, including but not limited to: driveway restoration, utility connections, slope and backfill, and drainage. 5. Payment of Road Impact Fees: a. Road impact fees will be paid once the SDP for phase one is approved according to LDC provisions. A COA for phase one would be issued at this time. b. Payment of road impact fees for phase one and phase two upon pulling the application of first building permit. These payments would total approximately $1,400,000. Phase one by itself is approximately $1,000,000. Accordingly, the developer is pipe lining their road impact fees in advance of the County code requirements. Upon payment of the road impact fees, the project August 7, 2009 will be vested, and all impact fees will be considered fully paid and a COA for phase two will be issued. c. Prior to approval of the first building permit, the developer agrees to pay its fair share of the Airport Road/Orange Blossom Drive improvements, not to exceed 5.31 % of the total cost of the intersection improvements as determined by the County's estimated project costs. 6. The developer agrees to obtain a temporary construction/fill easement from the Greek Orthodox Church, prior to the CO at the time of application of the first building permit. If the easements are not obtained from the Greek Orthodox Church, the developer shall employ alternative design and construction techniques that allow for the 30' access drive and sidewalk to be constructed without encroaching onto church property. The developer will dedicate and construct an ingress and egress drive to the Lakeside development to provide access to and from Orange Blossom Drive. The developer shall not be responsible to construct or maintain gates that would control access to the Lakeside PUD. The ingress and egress drive will be 24 feet wide along with a six foot wide sidewalk on the east side of the roadway and in accordance with Exhibit E deviations and commitment 1 above., and for which side\valks are not required. The developer, and the adjacent property ovmer to the 'Nest, shall not be precluded from connection to the ingress and egress drive, provided that a proportionate share for maintenance is contributed by any party accessing the easement. Prior to application for the first Certificate of Occupancy, the developer agrees to construct (or provKl€-a bond co'.'ering the cost of construction) the 24' wide roadway and 6' wide sidewalk. when the necessary easement is obtained. If provided, the bond requirement shall not expire less than five years from the date of issuance of the first certificate of occupancy. The bond shall be subject to any third party maintenance agreement(s) related to this casement. The developer shall be responsible for the maintenance of the roadway. 7. Upon the developer fulfilling the obligations above, the developer may apply for COs as appropriate. The developer is responsible for self managing all payments and conveyance at the times outlined in this exhibit. From the time of the first SDP the developer shall provide updates on the status of the building permits every 6 months. If any of the conditions have not been met no COs will be issued until conditions have been met to the satisfaction of the County. 8. All items as listed in this exhibit shall be clearly identified in the SDP for phase one. August 7, 2009 9. The CCRC shall be required to provide pedestrian and vehicular connections to the 30-foot wide access road along the western property line. II. CONTINUING CARE DEVELOPMENT COMMITMENTS The developer of the independent living units and retirement community, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 62 years of age and older. 2. There shall be on-site dining for the residents. 3. The uses on-site shall be for the exclusive use of residents and their guests on a continual basis. 4. Daily morning, afternoon and evening group transportation services, by a 20-24 seat community passenger bus or a private car shall be provided for residents for the purposes of grocery and other local shopping, church and medical office visits shall be provided on a daily basis. 5. There shall be an on-site manager or activities coordinator to assist residents with their individual needs. This manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on- site clubhouse on a daily basis. 6. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents on a daily basis. The facility shall be in operation at the time of issuance of the first Certificate of Occupancy for the first habitable structure. 7. Each unit shall be equipped with pull cords designed to notify emergency service providers in the event of a medical or other emergency. 8. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. III. LANDSCAPING AND SITE DESIGN 1. Buffer areas and walls shall be constructed in accordance with Exhibit C-3, landscape buffer elevations. August 7, 2009 IV. ENVIRONMENTAL 1. The minimum native vegetation retention is 20 native trees. A maximum of five cabbage palms can be used towards the requirement; the remaining shall be native canopy trees. The native trees may be relocated into the proposed buffer areas. V. PUD CLOSE OUT DETERMIN.^,TION h A PUD build out/close out determination shall be filed for the Oak Grove PUD by the developer prior to the i~suance of Certificates of Occupancy for Siena Lakes for lands that were removed from the Oak Grove PUD and incorporated into the Siena Lakes CPUD. V. ARCHITECUTRAL REVIEW The CPUD is subject to the architectural and site design standards of LDC Section 5.50.00. VI. UTILITIES 1. Any cost of relocation, changes or modifications to the existing utilities required or incurred during the road improvements within the Orange Blossom Drive ROW are the sole responsibility of the developer. 2. All water and wastewater utilities constructed or extended within the public ROW shall be conveyed to, owned by, and maintained by the Collier County Water Sewer District and shall be required to be appropriately sized to service parcels that installation will affect. August 7, 2009 AGENDA ITEM 8-6 ORDINANCE NO. 09- 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 REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5+/- ACRE PARCEL TO BE KNOWN AS THE IT ALIAN- AMERICAN CLUB CPUD, LOCATED AT 7035 AIRPORT-PULLING ROAD (SR 31), IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Naples Italian-American Club, Inc., represented by Robert L. Duane, A.I.c.P., of Hole Montes, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnson, Y ovanovich & Koester, P A petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at 7035 Airport- Pulling Road (SR 31) in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5 +/- acre parcel to be known as the Italian-American Club CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. Page 1 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: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman By: Approved as to form and legal sufficiency: v\{~ Heidi Ashton-Cicko Assistant County Attorney Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Permitted Uses Development Standards Master Plan Legal Description Requested Deviations from LDC Developer Commitments 09-CPS-0092814 HF AC 1/22/09 Page 2 EXHIBIT A PERMITTED USES IT ALlAN AMERICAN CLUBHOUSE CPUD COMMERCIAL AREA 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: Principal Uses and Structures - Tract A: 1. Permissible Land Uses: SIC Group 1. Civic, social and fraternal associations (8641 ) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract A: 1. Uses and structures that are accessory and incidental to the above principal uses including recreational facilities for a civic, social or fraternal organization, including bocce ball outdoor area, signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. Principal Uses and Structures - Tract B: 1. Permitted Principal Uses and Structures: Permissible Land Uses - C1 (Modified): Commercial Professional & General Office Permitted Use (SIC Group in Parenthesis) 1. Accident & Health Insurance Services 2. Accounting services 3. Adjustment services 4. Advertising (consultants) agencies 5. Architectural services 6. Auditing service, accounts 7. Banks, Federal Reserve 8. Banks, commercial: national 9. Banks, commercial: not chartered 10. Banks, commercial: state August 25, 2009 (6321) (8721 ) (7322) (7311 ) (8712) (8721 ) (6011) (6021 ) (6029) (6022) 11. Banks, savings: Federal 12. Banks, savings: not federally chartered 13. Barber Shops, except for barber schools 14. Beauty Shops, except for barber schools 15. Bookkeeping Services 16. Business Consulting Services, not elsewhere classified 17. Civic, social and fraternal associations 18. Collection Services 19. Commodity Contracts Brokers & Dealers 20. Computer maintenance and repair 21. Computer processing services 22. Computer programming services 23. Credit clearinghouses 24. Credit Reporting Services 25. Credit unions, Federal 26. Credit unions, State: not federally chartered 27. Data processing consultants 28. Data processing services 29. Debt counseling, no other miscellaneous services 30. Dentist office/clinic 31. Direct mail advertising service 32. Doctors - Medicine offices & clinics 33. Doctors - Osteopathy offices & clinics 34. Doctors - Chiropractors offices & clinics 35. Engineering services: limited to industrial, civil, electrical, mechanical, marine and design 36. Essential Services, subject to LDC 2.01.03 including existing radio and television broadcasting and communications equipment 37. Fire, Marine & Casualty Insurance Services 38. Health practitioners - not elsewhere classified 39. Home health care services 40. Hospital & Medical Healthy Services 41. Insurance Carriers, not elsewhere classified 42. Investment Advice 43. Life Insurance Services 44. Land Subdividers & Developers 45. Landscape architects, consulting & planning 46. Legal services 47. Loan brokers 48. Management Services 49. Management Consulting Services 50. Mortgage Bankers & Loan Correspondents 51. Miscellaneous Business Credit Institutions 52. Membership Organizations, not elsewhere classified 53. Optometrists - offices & clinics 54. Pension, Health and Welfare Funds Services 55. Personal Credit Institutions 56. Photographic Studios, Portrait 57. Podiatrists - offices & clinics August 25, 2009 (6035) (6036) (7241) (7231 ) (8721 ) (8748) (8641 ) (7322) (6221) (7378) (7374) (7371) (7323) (13 23) ( 6061 ) (6062) (7379) (7374) (7299) (8021 ) (7331) (8011) (8042) (8041 ) (8711 ) (3663) (6331) (8049) (8082) (6324) (6399) (6282) (6311) (6552) (0781 ) (8111 ) (6163) (8741) (8742) (6162) (6159) (8699) (8042) (6371) (6141) (7221 ) (8043) 58. Public Relations Services 59. Radio, Television & Publishers Advertising Representatives 60. Real Estate Agents and Managers 61. Secretarial and Court Reporting Services 62. Security Brokers, Dealers & Flotation Companies 63. Security and Commodity Exchanges 64. Services Allied with the Exchange of Securities or Commodities, not elsewhere classified 65. Shoe Repair Shops and Shoeshine Parlors 66. Short-Term Business Credit Institutions, except agricultural 67. Surety Insurance Services 68. Tax Return Preparation Services 69. Title Abstract Offices 70. Title Insurance Services 71. Travel Agencies (no other transportation services) 72. Veterinary Services, excluding outdoor kenneling (8743) (7313) (6531) (7338) (6211) (6231) (6289) (7251 ) (6153) (6351) (7291) (6541) (6361) (4724 ) (0742) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract B: 1. Uses and structures that are accessory and incidental to the above principal uses including signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. August 25, 2009 EXHIBIT B DEVELOPMENT STANDARDS ITALIAN AMERICAN CLUBHOUSE CPUD Development of the Italian American Clubhouse CPUD shall be in accordance with the contents of this Ordinance and applicable sections 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, the C-l, Commercial Professional and General Office District, of the LDC shall apply. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or final subdivision plat. TABLE I COMMERCIAL DEVELOPMENT STANDARDS A. PRINCIP AL STRUCTURES MINIMUM LOT AREA N/A MIMINUM LOT WIDTH N/A MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet MINIMUM REAR YARD 25 feet MIMlNUM DISTANCE BETWEEN 12 the sum of the building height PRINCIP AL STRUCTURES MAXIMUM BUILDING HEIGHT 3 stories, not to exceed 40 feet zoned building height or 45 feet actual building height B. ACCESSORY STRUCTURES FRONT SETBACK 15 feet SIDE SETBACK 1 0 feet REAR SETBACK I 0 feet MINIMUM DISTANCE BETWEEN 10 feet ACCESSORY STRUCTURES MAXIMUM BUILDING HEIGHT NOT I story, 25 feet zoned building height and 30 TO EXCEED feet actual building height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. August 25, 2009 C. DEVELOPMENT INTENSITY Tract A: The maximum size of the Italian American Club or similar other civic, social or fraternal associations shall be 20,000 square feet gross leasable floor area. Tract B: The maximum development intensity for limited commercial and professional offices and related uses shall be 34,000 square feet of gross leasable area. Of the 34,000 square feet for professional offices and limited commercial uses, the maximum size of financial institutions within the overall general office area shall be 4,000 square feet. Additional square footage beyond the allowable 4,000 square feet is permitted as administrative office space to support the financial institution on a second floor or area that is not accessible to the general public to support the financial institution. D. PARKING Parking for the Italian American Club or other civic, social or fraternal association is based on 1 space per 3 seats to meet their onsite parking needs. (See Exhibit E, Deviation No.1). Parking for special events computed at 1 space per 100 square feet over and above the requirement of 1 space per 3 seats shall be met on the adjacent office building parcel located to the east of the Italian American Club on Tract B to meet their offsite special events parking needs. The Italian American Club or similar type of fraternal organization shall enter into a shared parking agreement within the owner of Tract B of this CPUD to meet their parking requirement for special events. E SPECIAL EVENTS 1. "Special events" shall be defined as those events open to the general public, such as but not limited, to fairs, celebrations, festivals and other such events that require parking on Tract B. 2. Except for "special events," the maximum capacity at the social club on Tract A shall be limited to 300 people. 3. The applicant shall use the shared parking for any special events on Tract A that necessitate more than 100 parking spaces, and shall seek a temporary use permit to do so to determine whether adequate parking is available. 4. Temporary grass parking spaces for users of Tract A shall be permitted on Tract B until Tract B is developed. These temporary spaces shall be located along the perimeter of Tract B and shall be compacted, stabilized, well-drained and surfaced with a durable grass cover. In addition, all driveways, access aisles and handicap spaces shall be paved. 5. Once Tract B is developed, parking on Tract B by users of Tract A shall be prohibited during any of the operating hours of the uses permitted on Tract B. including weekends and holidays. August 25, 2009 _,u _ -.,~..- ... _ ll. b4,loIl1i1 ~_,""",,,",,"'__"""'_"_'_..'" ~~_._-~""_.~..,-_ 6. No special events shall be permitted on the site past 11 p.m. F. PRESERVE AREA No preserve area is required. G. 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",_ _". - _... _" '_l _, _-,_,_~....,__.~... ~ U AR.-14141 ITALIAN AHERIOAB CLUB Exhibit D LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.02014'OO'W., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, FOR A UISTANCE OF 2038.10 FEET; THENCE RUN S.89051'42'W., PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2, FOR A DISTANCE OF 100.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD NORTH, STATE ROAD 31, HAVING A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE CONTINUE S.89051'42'W., FOR A DISTANCE OF 660.00 FEET; THENCE RUN N.02014'00"W., FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ORANGE BLOSSOM DRIVE, HAVING A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE RUN N.69051'42"E., ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID ORANGE BLOSSOM DRIVE, FOR A DISTANCE OF 660.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH; THENCE RUN!S.02014'OO"E., ALONG THE WEST RIGHT-OF-WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH, FOR A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5.00 ACRES, MORE OR LESS. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC IT ALlAN AMERICAN CLUBHOUSE CPUD 1. Deviation No.1 seeks relief for Tract A from LDC Subsection 4.05.04.0, Table 17, which requires a minimum of one parking space per 100 square feet for private clubs; or one space per every three seats set up at any given time, whichever is greater to allow the less stringent parking calculation method to prevail so that 83 parking spaces are required for Tract A instead of 200. 2. Deviation No: 2 seeks relief from LDC Section 4.05.04 D, parking space requirements, which requires that developers providing parking lots in excess of 200 parking spaces may surface fifteen percent (15%) of the required off-street parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover to provide additional overflow parking for special events on Tract B. All grass parking spaces shall be located along the outlying perimeter of the parking lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed parking spaces shall be included in the water management calculations for site development plan review. This deviation is to provide additional overflow parking for special events on Tract B. The proposed grassed parking area will be subject to SDP approval. 3. Deviation No.3 seeks relief from LDC Subsection 5.04.05.A.1, Temporary Events, which allows non-renewable permits of up to 14 days' duration for special promotional sales or other similar uses, such that during any calendar year, the sum total of all permits for such events on the site does not exceed 28 days, to permit special events on the site up to eight times a year and up to five days' duration, for a total of 40 days during any calendar year. Such events would be permitted only on weekends, legal holidays and after 5:00 pm weekdays. EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ITALIAN AMERICAN CLUBHOUSE CPUD 1. TRANSPORT A nON REQUIREMENTS -h An Orange Blossom Drivel Airport Road intersection improvement plan prepared by owner must be a viable project and approved by the Transportation Division prior to any zoning action or development order approval; and construction pursuant to an approved plan must be completed prior to the issuance of any certificate of occupancy for any permitted uses other than the Italian American Club or similar civic, social or fraternal organizations, as limited in the TIS. +fie Italian .^.merican Club CPUD fair share is estimated to be 1.81% and payable at the time of issuance of the first building permit. 2. The clubhouse facility and accessory uses for the Italian American Club or similar civic, social or fraternal organizations shall be excluded from the requirements set forth in Section 1, if it can be demonstrated that the transportation impacts of the facility and accessory uses do not require the initiation or construction of Orange Blossom Drivel Airport Road intersection improvements. This determination will be made at the time of SDP approval. 3. The Developer agrees to provide required pedestrian and vehicular interconnections to the parcels to the South and West of this project as approximated by Exhibit C in this document. 01 ehicular interconnection to the West is not required). 4. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed-off by the property owner prior to the issuance of any certificate of occupancy for any further development or redevelopment of the site. 5. Any combination of allowed uses stated in Exhibit A of this PUD shall not be allowed to exceed the maximum square footage or units listed for each category of use. The trip generation stated in the Traffic Impact Study (TIS) used for the approval of this zoning action shall be construed as a maximum trip generation (184 total PM peak hour trips; or 126 adjusted, PM peak hour net new external trips) for any combination of the allowed uses. The Fair Share payable at the time of issuance of the first building permit shall be 4.84% of the improvements to the intersection of Airport and Orange Blossom Drive. August 25, 2009 II. DEDICATION OF RIGHT OF WAY 1. The Developer agrees to dedicate at no cost to Collier County two apportioned tracts of roadway easement right of way in fee simple deed, free of any liens or encumbrances, to Collier County within 60 days of the County's written request, as approximated by Exhibit C - CPUD Master Plan, in this document. COMMON SIGNAGE AND ARCHITECTURAL ELEMENTS 1. Development within the CPUD shall have common site, signage and building architectural elements, including on-site directional signs assisting motorists toward southbound egress through the property to the south should access to the south be available onto Airport Road. These commitments will be satisfied at the time of SDP approval. August 25, 2009 EXHIBIT G CONDITIONS OF APPROVAL August 25, 2009 1. Parking on Tract B by patrons of the private club on Tract A shall only be permitted during the club's special events, at which time parking on Tract B shall be permitted by patrons from 6-11 p.m. on weekdays; and on weekends and legal holidays until 11 p.m. 2. No more than 8,500 square feet of the 34,000 square feet of gross leasable area permitted on Tract B shall be used for medical offices. AGENDA ITEM 9-A Co~r County ~~~ -- SUPPLEMENT AL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 3, 2009 SUBJECT: PUDZ-2007-AR-l 1 100: TAORMINA RESERVE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/AGENT: OWNER: Highland Properties of Lee and Collier County, Ltd. 2223 Trade Center Way Naples, FL 34103 AGENTS: Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via del Rey 4001 Bonita Springs, FL 34134 Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. Tamiami Trail North Naples, FL 34103 REQUESTED ACTION: The applicant requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject properties from the Rural Agricultural (A) zoning district with a Special Treatment (ST) overlay to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as Taormina Reserve MPUD, which would allow the construction of a maximum of 528 residential dwelling units, including senior group housing, and up to 262,000 square feet of commercial uses. This petition was heard by the CCPC on August 20, 2009, at which time the applicant requested a continuance in order to address the concerns outlined by staff in the original staff report as well as additional issues raised by the CCPC. Attached to this supplemental report is the applicant's revised MPUD document, which incorporates all of the requested changes except for those contained in the conditions of approval (Exhibit H to the MPUD document), restated below. RECOMMENDATION: Zoning and Land Development Review staff recommends that the CCPC forward Petition PUDZ- 2007-AR-lI100 to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. As shown on Exhibit F-l of the MPUD document, the developer shall provide a minimum 30- foot wide dedicated public right-of-way reservation, which shall accommodate two, 10 to 12- foot wide travel lanes and one 5 to 6-foot wide sidewalk. 2. No outdoor music or other amplified sounds shall be permitted within 500-feet of the southern boundary of the MU tract. 3. Mixed-use buildings in the MU tract depicted on the Master Plan shall only contain the uses from Exhibit A.1l that would normally be permitted by right or as a conditional use in the C-l through C-3 zoning districts. 4. Any freestanding building of solely multifamily units that is located adjacent to a commercial use normally permitted by the LDC in the C-4 through C-5 zoning districts shall provide a minimum IS-foot Type B buffer and the LDC-required fence or wall. 5. No home improvement superstore, warehouse superstore or discount retail superstore shall be allowed on any parcel occupied by multifamily residential uses. Should any such superstore develop, no multifamily residential uses shall be developed above it. Additionally, no residential uses shall be permitted adjacent to it unless it is buffered by a Type B buffer and a wall as described above. 6. An updated red-cockaded woodpecker survey shall be submitted at the time of the first development order application if required by the Florida Fish and Wildlife Conservation Commission (FWCC) or the U.S. Fish and Wildlife Service (USFWS). 7. Florida black bear and Big Cypress fox squirrel management plans shall be provided as part of the next development order application. 8. At the time of the next development order application, a hydroperiod analysis (or whatever LDC requirement that may be in effect for the evaluation of stormwater discharge into upland preserves) shall be provided for the project site. 9. A preserve management plan shall be required as part of the next development order application and shall include provisions for annual monitoring to determine the potential impacts of stormwater on the preserve area's vegetation. Preserve vegetation adversely impacted by stormwater shall be replaced by the property owner with other vegetation that is suitable for the conditions. 10. A coordination meeting between the developer, the representative engineer, and the Public Utilities Department shall be required at the time of SDP and/or the preliminary plat review process to discuss a location and size of a well site easement. PREPARED BY: r: '/..--~ (~:-..\ "/.1 .~. 1 IJ ""1 . . & , '>'. /"- .. JOHN;PA VID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ,a RA YM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~\jn.~ ./SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW g)2-~/OI I DA Tt ?,ft 6/07 (DATE 2/U? loc, I DAtE Tentatively scheduled for the September 29, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE EXHIBIT A FOR TAORMINA RESERVE MPUD PERMITTED USES The 82.51::f: acre mixed-use project shall not be developed with more than a maximum of 262,000 square feet of commercial/office uses, a maximum of 528 residential dwelling units and assisted living facilities (ALF), continuing care retirement communities (CCRC) and independent living units for age 55 plus and senior housing. A maximum of 400 dwelling units are permitted within the R1 and R2 tracts and a maximum of 128 dwelling units are permitted in the MU tract. For each acre developed for group housing uses (CCRC, ALF, Skilled Nursing or Independent housing for persons aged 55 and over) the maximum number of conventional dwelling units authorized in the PUD shall be reduced by seven (7) units per acre. 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: I. RESIDENTIAL TRACT USES: A. Principal Uses: 1. "R1 " a. b. c. d. e. f. 2. "R2" a. b. c. c. d. e. Single family detached. Duplex. Multiple family dwellings. Townhouse dwellings. Two family dwellings. Group housing to include assisted living facilities (ALF), continuing care retirement community (CCRC), independent living facilities for seniors over age 55. Duplex. Multiple family dwellings Townhouse dwellings. Model homes and model home centers including offices for project administration, construction, sales and marketing. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. Group housing to include assisted living facilities (ALF), continuing care retirement community (CCRC), independent living facilities for seniors over age 55. Page 1 of20 8/24/2009 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: pools, tennis, spas. II. MIXED-USE TRACT USES: A. Principal Uses: 1. Amusement and recreation services Groups 7911 - Dance studios, schools, and halls 7922 - Theatrical producers (except motion picture) and miscellaneous theatrical services 7929 - Bands, orchestras, actors, and other entertainers and entertairunent groups 7941 - Professional sports clubs and promoters 7991 - Physical fitness facilities 7993 - Coin-operated amusement devices 7997 - Membership sports and recreation clubs 7999 - Amusement and recreation services, not elsewhere classified, limited to billiard parlors, bingo parlors, day camps, moped rentals, gymnastics instruction, judo! karate, yoga instruction, sporting goods rental, and sports instruction 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 - Men's and boys' clothing and accessory stores 5621 - Women's clothing stores 5632 - Women's accessory and specialty stores 5641 - Children's and infants' wear stores 5651 - Family clothing stores 5661 - Shoe stores 5699 - Miscellaneous apparel and accessory stores 3. Auto and home supply stores (Group 5531) 4. Automotive repair, services and parking Groups 7514 - Passenger car rental 7515 - Passenger car leasing 7521 - Automobile parking 7542 - Carwashes, as an accessory to convenience stores only 5. Building construction - general contractors and operative builders (restricted to offices for these users only, with no outdoor storage of materials) Page 2 of20 8/24/2009 Groups 1521 - General contractors - single-family houses 1522 - General contractors - residential buildings, other than single-family 1531 - Operative builders 1541 - General contractors - industrial buildings and warehouses 1542 - General contractors - nonresidential buildings, other than industrial buildings and warehouses 6. Groups 5211 - Home improvement superstores (no unroofed or unenclosed outdoor storage permitted) 5231 - Paint, glass, and wallpaper stores 5251 - Hardware stores 5261 - Retail nurseries, lawn and garden supply stores, including home improvement superstores 7. Business services Groups 7311 - Advertising agencies 7312 - Outdoor advertising services 7313 - Radio, television, and publishers' advertising representatives 7319 - Advertising, not elsewhere classified 7322 - Adjustment and collection services 7323 - Credit reporting services 7331 - Direct mail advertising services 7334 - Photocopying and duplicating services 7335 - Commercial photography 7336 - Commercial art and graphic design 7338 - Secretarial and court reporting services 7352 - Medical equipment rental and leasing 7359 - Equipment rental and leasing, not elsewhere classified 7361 - Employment agencies 7363 - Help supply services 7371 - Computer programming services 7372 - Prepackaged software 7373 - Computer integrated systems design 7374 - Computer processing and data preparation and processing servIces 7375 - Information retrieval services 7376 - Computer facilities management services 7377 - Computer rental and leasing 7378 - Computer maintenance and repair 7379 - Computer related services, not elsewhere classified 7384 - Photo finishing laboratories 7389 - Business services, not elsewhere classified Page 3 of 20 8/24/2009 8. Communications Groups 4812 - Radiotelephone communications 4813 - Telephone communications, except radiotelephone 4822 - Telegraph and other message communications 4832 - Radio broadcasting stations 4833 - Television broadcasting stations 4841 - Cable and other pay television services 9. Construction - special trade contractors (restricted to office use only; no on- site storage of equipment) Groups 1711 - Plumbing, heating and air-conditioning 1721 - Painting and paper hanging 1731 - Electrical work 1741 - Masonry, stone setting, and other stone work 1742 - Plastering, drywall, acoustical, and insulation work 1743 - Terrazzo, tile, marble, and mosaic work 1751 - Carpentry work 1752 - Floor laying and other floor work, not elsewhere classified 1761 - Roofing, siding, and sheet metal work 1 771 - Concrete work 1781 - Water well drilling 1791 - Structural steel erection 1793 - Glass and glazing work 1794 - Excavation work 1795 - Wrecking and demolition work 1796 - Installation or erection of building equipment, not elsewhere classified 1799 - Special trade contractors, not elsewhere classified; restricted to offices only, with no outdoor storage or assembly 10. Depository institutions Groups 6011 - Federal reserve banks 6019 - Central reserve depository institutions, not elsewhere classified 6021 - National commercial banks 6022 - State commercial banks 6029 - Commercial banks, not elsewhere classified 6035 - Savings institutions, federally chartered 6036 - Savings Institutions, not federally chartered 6061 - Credit unions, federally chartered 6062 - Credit unions, not federally chartered 6081 - Branches and agencies of foreign banks 6082 - Foreign trade and international banking institutions 6091 - Non-deposit trust facilities 6099 - Functions related to depository banking, not elsewhere classified Page 4 of 20 8/2412009 11. Dwelling units, multi-family 12. Eating and drinking places Groups 5812 - Eating places (including indoor and outdoor seating with amplified music or televisions. Any outdoor amplified music or televisions must cease no later than 11 :00 pm. 5813- Drinking places (alcoholic beverages; however cocktail lounges and similar uses shall only be permitted in conjunction with a restaurant or hotel use) (including indoor and outdoor seating with amplified music or televisions. Any outdoor amplified music or televisions must cease no later than 11: 00 pm. 13. Educational services Groups 8231 - Libraries 8243 - Data processing schools 8244 - Business and secretarial schools 8299 - Schools and educational services, not elsewhere classified 14. Engineering, accounting, research, management, and related services Groups 8711 - Engineering services 8712 - Architectural services 8713 - Surveying services 8721 - Accounting, auditing, and bookkeeping services 8741 - Management services 8742 - Management consulting services 8743 - Public relations services 8748 - Business consulting services, not elsewhere classified 15. Executive, legislative and general government, except finance Groups 9111 - Executive offices 9199 - General government, not elsewhere classified 16. Food stores Groups 5411 - Grocery stores 5421 - Meat and fish (seafood) markets, including freezer provIsiOners 5431 - Fruit and vegetable markets 5441 - Candy, nut, and confectionery stores 5451 - Dairy products stores 5461 - Retail bakeries 5499 - Miscellaneous food stores, including convenience stores with fuel pumps and carwash 17. General merchandise stores Groups 5311 - Department stores 533 1 - Variety stores Page 5 of 20 8/24/2009 5399 - Miscellaneous general merchandise stores, including warehouse stores and discount retail superstores 18. General warehousing and storage Group 4225 - Indoor mini storage only 19. Health services Groups 8011 - Offices and clinics of doctors of medicine 8021 - Offices and clinics of dentists 8031 - Offices and clinics of doctors of osteopathy 8041 - Offices and clinics of chiropractors 8042 - Offices and clinics of optometrists 8043 - Offices and clinics of podiatrists 8049 - Offices and clinics of health practitioners, not elsewhere classified 8071 - Medical laboratories 8072 - Dental laboratories 8082 - Home health care services 8092 - Kidney dialysis centers 8099 - Health and allied services, not elsewhere classified 20. Holding and other investment offices Groups 6712 - Offices of bank holding companies 6719 - Offices of holding companies, not elsewhere classified 6722 - Management investment offices, open-end 6726 - Unit investment trusts, face-amount certificate offices, and closed-end management investment offices 6732 - Educational, religious, and charitable trusts 6733 - Trusts, except educational, religious, charitable 6792 - Oil royalty traders 6794 - Patent owners and lessors 6798 - Real estate investment trusts 6799 - Investors, not elsewhere classified 21. Home furniture, furnishings, and equipment stores Groups 5712 - Furniture stores 5713 - Floor covering stores 5714 - Drapery, curtain, and upholstery stores 5719 - Miscellaneous home furnishings stores 5722 - Household appliance stores 5731 - Radio, television, and consumer electronics stores 5734 - Computer and computer software stores 5735 - Record and prerecorded tape stores 5736 - Musical instrument stores 22. Hotels and motels (Group 7011) 23. Insurance carriers Groups 6311 - Life insurance Page 6 of 20 8/24/2009 6321 - Accident and health insurance 6324 - Hospital and medical service plans 6331 - Fire, marine, and casualty insurance 6351 - Surety insurance 6361 - Title insurance 6371 - Pension, health, and welfare funds 6399 - Insurance carriers, not elsewhere classified 24. Insurance agents, brokers, and service (Group 6411) 25. Justice, public order, and safety (Group 9221 (police protection) 26. Legal services (Group 8111) 27. Membership organizations Groups 8611 - Business associations 8621 - Professional membership organizations 8631 - Labor unions and similar labor organizations 8641 - Civic, social, and fraternal associations 8651 - Political organizations 8699 - Membership organizations, not elsewhere classified 28. Miscellaneous repair services Groups 7622 - Radio and television repair shops 7623 - Refrigeration and air-conditioning service and repair shops 7629 - Electrical and electronic repair shops, not elsewhere classified 7631 - Watch, clock, and jewelry repair 7641 - Reupholstery and furniture repair 7692 - Welding repair 7694 - Armature rewinding shops 7699 - Repair shops and related services, not elsewhere classified 29. Miscellaneous retail (no adult oriented sales) Groups 5912 - Drug stores and proprietary stores 5921 - Liquor stores 5932 - Used merchandise stores 5941 - Sporting goods stores and bicycle shops 5942 - Book stores 5943 - Stationery stores 5944 - Jewelry stores 5945 - Hobby, toy, and game shops 5946 - Camera and photographic supply stores 5947 - Gift, novelty, and souvenir shops 5948 - Luggage and leather goods stores 5949 - Sewing, needlework, and piece goods stores 5961 - Catalog and mail-order houses Page 7 of 20 8/24/2009 5992 - Florists 5993 - Tobacco stores and stands 5994 - News dealers and newsstands 5995 - Optical goods stores 5999 - Miscellaneous retail stores, not elsewhere classified 30. Museums and art galleries (Group 8412) 31. Non-depository credit institutions Groups 6111 - Federal and federally-sponsored credit agencies 6141 - Personal credit institutions 6153 - Short-term business credit institutions, except agricultural 6159 - Miscellaneous business credit institutions 6162 - Mortgage bankers and loan correspondents 6163 - Loan brokers 32. Personal services Groups 7212 - Garment pressing, and agents for laundries and drycleaners 7215 - Coin-operated laundries and dry-cleaning 7219 - Laundry and gannent services, not elsewhere classified 7221 - Photographic studios, portrait 7231 - Beauty shops 7241 - Barber shops 7251 - Shoe repair shops and shoeshine parlors 7261 - Funeral service and crematories 7291 - Tax return preparation services 7299 - Miscellaneous personal services, not elsewhere classified 33. Public finance, taxation, and monetary policy (Group 9311) 34. Real estate Groups 6512 - Operators of nonresidential buildings 6513 - Operators of apartment buildings 6514 - Operators of dwellings other than apartment buildings 6515 - Operators of residential mobile home sites 6517 - Lessors of railroad property 6519 - Lessors of real property, not elsewhere classified 6531 - Real estate agents and managers 6541 - Title abstract offices 6552 - Land subdividers and developers, except cemeteries 35. Security and commodity brokers, dealers, exchanges, and services Groups 6211 - Security brokers, dealers, and flotation companies 6221 - Commodity contracts brokers and dealers 6231 - Security and commodity exchanges 6282 - Investment advice 6289-- Services allied with the exchange of securities or commodities, not elsewhere classified Page 8 of 20 8/24/2009 36. Social services Groups 8322 - Individual and family social services 8331 - Job training and vocational rehabilitation services 8351 - Child day care services 8399 - Social services, not elsewhere classified 37. Transportation services Groups 4724 - Travel agencies 4725 - Tour operators 4729 - Arrangement of passenger transportation, not elsewhere classified 38. United States Postal Service (Group 4311, excluding major distribution centers) 39. Video tape rental (Group 7841), no adult-oriented sales B. Accessory Uses 1. Accessory uses and structures customarily associated with the permitted principal uses and structures. 2. Group 7542 - Carwashes, as an accessory to convenience stores only III. PRESERVE TRACT USES No building or structure or part thereof, shall be erected altered or used, or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Any conservation and related activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or designee determines to be compatible in the Preserve Area. Page 9 of 20 8/24/2009 EXHIBIT B FOR TAORMINA RESERVE MPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the MPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS . SING~LE .. ... ; F~MIL y, . .OETACHEO. TWO-FAMILY . & DupLEX CLUBHOUSE( .. .. R~P~RA"J"ION, ; .0. SUlLDINGS' MINIMUM LOT WIDTH *1 150 feet NA ! MINIMUM FLOOR AREA NA i PER UNIT 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 750 sq. ft. 1,000 s . ft. *5 MIN FRONT YARD 20 feet 20 feet *4 20 feet *4 20 feet 20 feet NA MIN SIDE YARD 6 feet o feet and o feet and 6 feet 15 feet or Y2 BH NA 6 feet *2 6 feet *2 MIN REAR YARD 15 feet 1 5 feet 15 feet 15 feet 15 feet NA MIN PUD BOUNDARY 25 feet 25 feet 25 feet 25 feet 25 feet NA SETBACK MIN PRESERVE 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet SETBACK MIN. DISTANCE 12 feet 12 feet 12 feet 20 feet 20 feet 20 feet BETWEEN STRUCTURES *3 MAXIMUM ZONED 35 feet 45 feet 35 feet R1 35 feet 45 feet 35 feet HEIGHT *6 R2 50 feet NOT TO EXCEED 3 stories 3 stories MAXIMUM ACTUAL 45 feet 55 feet 45 feet 55 feet 45 feet HEIGHT NOT TO EXCEED 3 stories 3 stories ACCESSORY ,,--......,.'..0'_.,'..:-..-.,.....-... STRUCTURES FRONT 20 feet *4 20 feet 20 feet *4 SIDE o feet and o feet and 1 0 feet 10 feet 1 0 feet 6 feet *2 6 feet I REAR 10 feet 10 feet 1 0 feet 1 0 feet 15 feet Page 10 of20 8/24/2009 MIN PUD BOUNDARY 15 feet 1 5 feet 15 feet 15 feet 1 5 feet NA SETBACK PRESERVE SETBACK 1 0 feet 1 0 feet 10 feet 1 0 feet 1 0 feet 25 feet DISTANCE FROM 10 feet 1 0 feet 1 0 feet 10 feet 1 0 feet 20 feet PRINCIPAL STRUCTURE MAXIMUM ZONED S.P.S. S.P.S. S.P.S. 25 feet 25 feet 25 feet HEIGHT MAXIMUM ACTUAL S.P.S. S.P.S. S.P.S. 35 feet 35 feet 35 feet All distances are in feet unless otherwise noted. *1 - Minimum lot width may be reduced by 20% for cul-de-sac lots or lots on the radius of a curve provided the minimum lot area requirement is maintained. *2 - Zero foot minimum side setback on one side of building as long as a minimum 12-foot separation between principal structures is maintained and all other setbacks are respected. *3 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *4 - Front entry building garages shall be set back a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *5 - 1,000 square feet shall be applicable to ground floor of the building and not individual unit size. *6 - For the area shaded on Exhibit C, Master Plan, the actual heights shall be 35 feet above finished grade. S.P.S.: Same as Principal Structures. BH: Building Height Page 11 of20 8/24/2009 TABLE II MITXED USE DEVELOPMENT STANDARDS COMMERCIALIMIXED MULTI-FAMILY ACCESSORY USE RESIDENTIAL RESIDENTIAL USES PRINCIPAL USES I PRINCIPAL USES MITNIMUM LOT AREA 10,000 sq. ft. I 9,000 sq. ft. N/A MINIMUMLOT WIDTH 75 ft. , 75 ft. N/A MITNIMUM YARDS (External) From Future Ext. of Santa Barbara Blvd. 25 ft. N/A SPS From Davis Boulevard 25 ft. N/A SPS From Eastern Project Boundary 25 ft. N/A SPS MITNIMUM YARDS (Internal) Front 20 ft. 20 ft. 10 ft. Rear 15 ft. 15 ft. 10 ft. Side 10 ft. 6 ft. 10 ft. Preserve 25 ft. 25 ft. 10 ft. MIN. DISTANCE BETWEEN Minimum of 20 ft or the Minimum of 20 ft or I N/A STRUCTURES required separation the required compliant with local fire separation compliant codes* with local fire codes* MAXIMUM HEIGHT Zoned 50 ft. for buildings 45 ft. N/A including residential 50 ft. for commercial buildings only Actual (inclusive of any under building 60 ft. for buildings 55 ft. N/A parking) including residential 60 ft. for commercial I buildings only MINIMUM FLOOR AREA 700 sq. ft. ** I 700 Sq. Ft. ** N/A MAX. GROSS BillLDING AREA i 262,000 Sq. Ft. N/A N/A * Whichever is greater * * per principal structure, on the finished first floor. S.P.S.: Same as Principal Structures. BH: Building Height Page 12 of20 8/24/2009 Co I I I! , II 1- 11- l---J~ ~ I I , I l__ _....J to SANTA BARBARA BOULEVARD II. .Ii ~ ~~ ::lci ,.:.'" w ~! ili .. o 3l: "ZM ~8~ i3a::w o!!!~ ~~.... en" ,. o '" 0: ~ ~ '" !o w 0. ~ w Q ;'; !!! ~ \ll~ ~~ ;tn X w '.'If'.."",,^,,,,,_...-;.w,,""'.~_""::!::'.-..',:~' ~'~'''-''~'__'''''''''''' ....-.--e-.-- Ii " i:!! !<~ ;j::J "w >if fij Z o N ~ ~~3 :s"'U w~~ a:~!z x:::J:;:l ",00 ~ou W oo p w ~ w o j; ~ i:!! ;;; .. 0- ffi~ o 0: W .. WI~ $~ 0::: U' ,,::: ~~ rHo en WOO o:W ,,0: "U oll" ~~ N~ ",,,, www", .x:IXWW 000:.0::: ol(<(Uc) ~!~~ :!re~~ &' en is !5a;~ 0:~1r ~~~ ~"w ~p.~ ~lf~ ~~5l wo~ Q~~ ~!e~ o w '" g ~ '" 0: o iSo:~ ~~!5 ~"'~ <~~ ~CL~ ~~o w:!i~ oj;:l< iinffi b-I- _ W o W '" o !:; ~ w " i o ~ 0: C ~ ~~ ~w uo. 00 0:0: 1-0.0 ~~ir 000: Uu ffiCi OW ZZ ~o N ~'~~-:-:--r~~ ::="~"~1:':"" 0: '.: i laC I!! .---j - ~ ffi, ~o u' :;:w I ,,~ : ~N ! ~ I ~-- <II"'" !:l~::.. 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I _ _ -_ ~u~SE]" B~Vp -_ -_ -_ -_ -_ -_ W 0. ~ w o i: ~ ~ u- ~ '" !o W ~ W o i: !!? :l<0 i:!!': "'I- )ow "'~ ~~ f!:--' ",,,, " ~~ 0: Z 8~ 0 0 u:i..J Z 5 0 :; zo I- l?" w 0"; ;;: w 1-1- 15 lrliS "- Z W t;~ 0 "'''- ~- J 0: Ww :l< ~~~ " all!; 0 ::> >- "::Ii 0 ~~ I- <ri~~ '" "'0 0 @il: 8 ",w ~ -0: I~~ 0" ~ zz ~ ~~ en.J :l<!!! en 0" o~s I- W 0:", 'g Z 0: ;.: 2~ wo: g~~ ~ 0 >-0. ~ " ~ ::!,. ~!1c .JI-" N en zu ~~~ <II ~ W -z ~~ " ~ ;iW ~ ~~ 0:'" . .,; 0 ~iS IJ..:JZ " " 0 0.0 tt~~ Z Z '" WI- ::J::t::t ~ ;l Ow w" ; 0:0 :::ilf):r ui~~ 0 Zo "", wwen is 00 is-- 0: Oz ~~ a:x~ w ;tB m :l< !a0 lOw (I)~() M :l< ~~ ~~ lli~~ ~8:e '" 0 i:' 0 (/)u)~ ~ w.- '" 0.,,- ow I 0 in en ",15 "" -!z..:. ;;; ill 0 ~~ j~ w~ r i:!&' 0: "" in Z:l<O 0 " OW" ~ "'~ I- :l< Z ~~iS ~ 0 ~. ~ ~ in ~ ~ ::E-~ ::E ii;O.J ~O::l< ~ i:!! :$ W.J 0 0 > 00:" ::E g: Z --' N ~<8 01 EXIllBIT D FOR TAORMINA RESERVE MPUD LEGAL DESCRIPTION OFFICIAL RECORDS BOOK 1087, PAGE 841 WEST 1/2 OF NW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS RIGHT-OF-WAY, CONTAINING 18.87 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA NW 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING 10 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA. SOUTH 1/2 OF NE 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE WEST AND SOUTH 30 FEET, CONTAINING 4.34 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA OFFICIAL RECORDS BOOK 1186, PAGE 2060 THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ALSO KNOWN AS TRACT 45 OF ENCHANTED ACRES. LESS THE WEST 30 FEET TO USED FOR ROAD RIGHT-OF-WAY PURPOSES. OFFICIAL RECORDS BOOK 1192, PAGE 1700 THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO KNOWN AS TRACT 47. OFFICIAL RECORDS BOOK 1116, PAGE 333 THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4353 AT PAGE 1085 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A RIGHT-OF-WAY TAKING FOR PROJECT: 60091-SANTA BARBARA BLVD. EXTN. MORE PARTlCULARL Y DESCRIBED BY METES AND BOUNDS A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89051'22" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1,307.72 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN NORTH 00051'25" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 34487 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 89044'49" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 654.23 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF Page 14 of20 8/24/2009 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN NORTH 00055'16" WEST, ALONG THE WEST LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 343.63 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 89038'17" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 554.60 FEET TO A POINT ON THE EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4353 AT PAGE 1085 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG SAID EAST LINE FOR THE FOllOWING SEVEN (7) COURSES: 1) THENCE RUN NORTH 00059'07" WEST, FOR A DISTANCE OF 792.98 FEET; 2) THENCE RUN SOUTH 89000'53" WEST, FOR A DISTANCE OF 20.00 FEET; 3) THENCE RUN NORTH 00059'07" WEST, FOR A DISTANCE OF 506.24 FEET; 4) THENCE RUN NORTH 11057'26" EAST, FOR A DISTANCE OF 100.77 FEET; 5) THENCE RUN NORTH 00000'53" EAST, FOR A DISTANCE OF 476.24 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS SOUTH 89059'50" EAST, A DISTANCE OF 97.00 FEET THEREFROM; 6) THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 97.00 FEET, THROUGH A CENTRAL ANGLE OF 90011'21", SUBTENDED BY A CHORD OF 137.40 FEET AT A BEARING OF NORTH 45005'51" EAST, FOR AN ARC LENGTH OF 152.69 FEET TO THE END OF SAID CURVE; 7) THENCE RUN NORTH 00058'17" WEST, FOR A DISTANCE OF 11.48 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF DAVIS BOULEVARD (150 FOOT RIGHT-OF-WAY); THENCE RUN NORTH 89001'43" EAST, ALONG SAID SOUTH RIGHT-OF-WAY, FOR A DISTANCE OF 446.52 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 00056'22" EAST, ALONG SAID EAST LINE, FOR A DISTANCE OF 1,299.05 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWES QUARTER OF SAID SECTION 9; THENCE RUN NORTH 89025'14" EAST, ALONG SAID NORTH LINE, FOR A DISTANCE OF 1,966.06 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 00043'50" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1,389.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 82.51 ACRES, MORE OR lESS. Page 15 of20 8/24/2009 EXIllBIT E FOR TAORMINA RESERVE MPUD DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 6.06.01.J. Street System Requirements, to allow that cul-de-sacs in excess of one thousand feet (1,000') in length. Streets with block lengths of greater than six hundred feet (600') shall have traffic calming devices installed at an approximate spacing of three hundred feet (300'). Page 16 of20 8/24/2009 EXHIBIT F FOR TAORMINA RESERVE MPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Taormina Reserve MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. ENVIRONMENTAL 1. Approximately 59.46 acres of native vegetation exist on-site; therefore, a minimum of 14.87 acres of preserve is required. The MPUD will provide a minimum of28.88 acres of preserve as shown on the Master Plan. B. TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: 1. No certification of Occupancy shall be issued until after the following milestones have been met: 1. Completion of Davis Boulevard from Radio Road to CR-951. 11. Completion of Santa Barbara extension to the project entrance. 2. Access to Davis Boulevard is subject to a shared single access point with the adjacent property owner and FDOT approval. 3. The developer, its successors, or assigns shall contribute proportionate fair share monies to Collier County for the following intersection improvement when signal warrants are met and prior to the installation of the signal: i. Signalization of Cope Lane at Santa Barbara Extension. 4. The developer, its successors, or assign shall construct, or provide payment in lieu to Collier County for any turn lanes, constructed by the County during the Santa Barbara Blvd project, serving this project prior to the first development order approval. 5. The developer, its successors or its assigns, shall provide for the potential interconnection to Sunset Boulevard. The developer shall be responsible for the costs of design, permitting and construction of approximately 830 feet of limited access roadway of which 200' shall be built concurrent with development in the R2 tract. The remainder of the roadway shall be Page 17 of20 8/24/2009 constructed if the necessary access rights are obtained. The roadway shall be designed as a two lane roadway with a sidewalk on only one side of the roadway. This requirement for the construction of the "remainder" of the connection to Sunset Boulevard shall remain valid for five years from the date of PUD approval. The complete, permitted roadway design shall be included with the first SDP that encompasses this portion of the development for inclusion in the County's files. 6. The developer shall construct a 6-foot high privacy wall constructed of materials along the frontage of 2380 Sunset Boulevard. The developer shall receive a credit for the construction cost of the wall against the payment required pursuant to item seven below. 7. Prior to the approval of each individual SDP or Plat, the Developer, its successor, or assign shall make their proportionate payment for compliance with policy 5.8 of the Transportation Element of the Growth Management Plan. 8. Any combination of allowed uses stated in Exhibit A of this PUD shall not be allowed to exceed the maximum square footage or units listed for each category of use. The trip generation stated in the Traffic Impact Study (TIS) used for the approval of this zoning action shall be construed as a maximum trip generation (1,308 total PM peak hour trips; or 910 adjusted, PM peak hour net new external trips) for any combination of the allowed uses. 9. The developer, or successors and assigns, shall provide a stabilized emergency turn-around, meeting local fire prevention code criteria, approximately midway along the cul-de-sac of the primary internal roadway. C. LANDSCAPE 1. An enhanced IS-foot wide landscape buffer shall be provided along the eastern property boundary adjacent to Naples Heritage PUD for a distance of approximately 550 feet south from the northern Taormina Reserve MPUD boundary. The enhanced buffer shall contain native canopy tree species such as Live Oak or Pine that will be a minimum 14 feet in height at the time of planting and planted 20 feet on center. Cabbage Palms, with a minimum height of 16 feet at the time of planting shall be planted in clusters of at least 3 trees planted on 20 feet centers between the row of canopy trees. A shrub row of native plants such as Buttonwood shall also be planted within the buffer. The shrubs shall be a minimum of 5 feet tall at the time of planting and shall be spaced on 5-foot centers. This buffer shall be installed concurrent with clearing and filling of the site in the area adjacent to the eastern property boundary. A minimum 4-foot high chain link fence shall be installed within or adjacent to the enhanced buffer. Page] 8 of20 8/24/2009 [.1,.IL MU 111, ~1i L ,I ' \ - i . i it~l ,'1\ ~ \ ~~~==-_. _=~_~==.__-~~;:~7.--\~~,,_~_____,-.-~: -,--- ....."i:!~m~\ " I , f.f' ._T_.____..____~ ,.., '" E 1;c. ,J . 1< .~, 1-t--- ~rf~~~;~~~~:;;;~::;::;;;;;;;:;~~~,:<~~~~-;~~~.-. i Iii, I hi,' ..------, ~.-- ------ "I "'~, '<::-':.: i I" .'11 .1. ~\\- ,) ~_."".":~>., .'::::< J I ";' / - "<,\\,::;',-. \\, i !' , , . . I I .. ~., '"' '. -\.(,0.. \\, ; ~I il\! I ::r< 5"1 (L_.__._._.__...J I (;,,":-.~:\ \'Y. '! ~i ill ill / \-!---' \. ':~~~, ";\" lij 1 ~._., ,_~' n i ,'i '. .1', (_J 0,"'>, U . rill \, ,\~~:"., r:.:. :"".1 !! I ,I \ j ~, "~< , fl! ill f\ i i (I ~ n ' bJ I I. '.'\ J i.f I." \, l-lm' i (\ 'II , i \ il/ IllI c: R 2 ':'i r ;'; If 1 ! '\ I . 0 ~ \ ~-: . t Z ~I )1\ 1III ,_ i ':11 II'" I ,,' i 'I ~ \1 I [i i ,. lJ ) Ti \ 1\1 ti (, Ii i,1-lili ill~ '; fi ,__3D~~~~;;;::~C r , lil I'. ',/1 '..., \,j RESERV~T,ION ! I ill I s'",~,___ i~,-,------o-=--=Jl-___~._//vRETEI\ITION " I, I l-- ___ _ --- __ - -- --- -- -- III --.--,--1[--. iiii Iii Iii i' 1 ~ N '= -~ - =1=-- ~ I o 75' I 150' 150' SCALE: l' = APPROXIMATELY 200:!: FEET OF ROW SHALL BE CONSTRUCTED AT TIME OF DEVELOPMENT OF THE R2 TRACT W iijj 'ili:l: ~" it; 340't LAt< E /:-:"'~7 '... J r-/ ,.I~;<'.<;i.",<"",-",",, ." :-.,; POTENTIAL VEHICULAR. ) ~,j AND PEDESTRIAN IN]ERC,9NNECT , /F /r" ./r'~ , \.' r :'.1 ,...." ["-." ,.. ;..".., i, ,I \ 10' (,yIDE TYPE !.A" BJFF~R [~- , ." " . if"\ .. f=" ,./ ,.../ ...-""'/ 7" i\\'" :) .... C'h..'.... .0_. ..,.,j ) ,,/~ .~ '{'-~'-:\,_:\. ;:-i- , ...-",-., .'\0 ';l- ',.; ~ :J " .~:, (>=<~:::z"'".._ " " ,. .; ~ :~ .~ ~ :..l';l' ;:j ':~ .i'-~....~....::...-.,:..;;_._~,.:.~_...:~,~.':l_..~ ,:\",,":.\_..~,_..;;..._~~L....,~~_~..~_;..::-,,-,~_,, )< ::i :3. :: hil nl \'[! i I 1 I ! r ' , ..;;;::::. _m-=-- "':':::-1( ~ ..-:.:.... EXISTING 30' WIDE PRIVATE EASEMENT 60' WIDE SUNSET BLVD ACCESS EASEMENT ~ ,-.,- 1011"",,", -... DAm ... 2001 ........... DN8TF-t SIIEI!:T 1 or 1 EXHIBIT G WILDLIFE HABITAT MANAGEMENT PLAN RED-COCKADED WOODPECKER MANAGEMENT PLAN For the protection of red-cockaded woodpeckers ("RCW"), precautionary measures will be undertaken when construction involves clearing pine habitat. Prior to clearing pine habitat, a qualified biologist will review the impact areas for the presence of RCW cavity trees. The inspection area will include an area 100 feet from clearing limits. Construction will be allowed to commence when the biologist has completed the site review and determined that no RCW cavity trees will be harmed or destroyed as a result of the intended activity. Should the biologist observe an RCW cavity tree within areas to be cleared, or within 100 feet of clearing limits, contractors and workers will be instructed to stop construction activities that are within 100 feet of the cavity tree. The biologist will also be responsible for notifying the USFWS ofthe situation and asking for guidance. Prescribed burning is an available management technique that may be permitted, as applicable, within the upland and wetland preservation areas. The feasibility of conducting prescribed burns will take into consideration the ability to obtain local and state authorizations, the ability to create adequate firebreaks at the burn site, and impacts to listed wildlife species. Prescribed burning may only be conducted by a certified prescribed burn manager and in accordance with the applicable rules and regulations of the Division of Forestry. The use of prescribed burning may necessitate the creation of adequate firebreaks resulting in removal of native vegetation within the preserve areas. The removal of native vegetation in the preserve areas for the purpose of creating fire breaks will be pre-approved by County Environmental Services staff. Page 20 of 20 8/24/2009 EXHIBIT H CONDITIONS OF APPROVAL August 25, 2009 1. As shown on Exhibit F -1 of the MPUD document, the developer shall provide a minimum 30-foot wide dedicated public right-of-way reservation, which shall accommodate two, 10 to 12-foot wide travel lanes and one 5 to 6-foot wide sidewalk. 2. No outdoor music or other amplified sounds shall be permitted within 500-feet of the of the southern boundary of the MU tract. 3. Mixed-use buildings in the MU tract depicted on the Master Plan shall only contain the uses from Exhibit A.II that would normally be permitted by right or as a conditional use in the C-l through C-3 zoning districts. 4. Any freestanding building of solely multifamily units that is located adjacent to a commercial use normally permitted by the LDC in the C-4 through C-5 zoning districts shall provide a minimum IS-foot Type B buffer and the LDC-required fence or wall. 5. No home improvement superstore, warehouse superstore or discount retail superstore shall be allowed on any parcel occupied by multifamily residential uses. Should any such superstore develop, no multifamily residential uses shall be developed above it. Additionally, no residential uses shall be permitted adjacent to it unless it is buffered by a Type B buffer and a wall as described above. 6. An updated red-cockaded woodpecker survey shall be submitted at the time of the first development order application if required by the Florida Fish and Wildlife Conservation Commission (FWCC) or the U.S. Fish and Wildlife Service (USFWS). 7. Florida black bear and Big Cypress fox squirrel management plans shall be provided as part of the next development order application. 8. At the time of the next development order application, a hydroperiod analysis (or whatever LDC requirement that may be in effect for the evaluation of stormwater discharge into upland preserves) shall be provided for the project site. 9. A preserve management plan shall be required as part of the next development order application and shall include provisions for annual monitoring to determine the potential impacts of stormwater on the preserve area's vegetation. Preserve vegetation adversely impacted by stormwater shall be replaced by the property owner with other vegetation that is suitable for the conditions. 10. A coordination meeting between the developer, the representative engineer, and the Public Utilities Department shall be required at the time of SDP and/or the preliminary plat review process to discuss a location and size of a well site easement. AGENDA ITEM 9-B Co~T County ~~ - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 3, 2009 SUBJECT: CU-2009-AR-14231, PEACE LUTHERAN CHURCH OF NAPLES, INe. PROPERTY OWNER/AGENT: Owner: Peace Lutheran Church of Naples, Inc. 5659 Strand Court, Suite 103 Naples, FL 34110 Agent: Margaret Perry, AICP Wilson Miller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 R. Bruce Anderson Roetzel & Andress, LP A 850 Park Shore Drive Naples, FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for three Conditional Uses pursuant to the Land Development Code Section 2.03.01.A.l.c, in the Rural Agricultural (A) zoning district. The conditional uses being requested are as follows: LDC subsection 2.03.01.A.l.c.7, to allow a church; LDC subsection 2.03.01.A.l.c.10, to allow a private school; and subsection 2.03.01.A.l.c.11, to allow a child care center on 9.35:f: acres. GEOGRAPHIC LOCATION: The subject parcel is located on the south side of Immokalee Road (CR-846), approximately 1,000 feet east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 15,500 square foot church sanctuary 8/5/2009 Page 1 of 10 C ::::l a. 15 ~ " >- ~ f- I z :::J 0 U w -~L- w --' IJ ~ lei ~ ~ , , < ~ I '1 10 f I I I I \ o~\ "\ \ ~<, I ~" "I ----.-~----r a ~ ~ oc, -" "< ---- '" ~ a; " v a ., o ~ z o w- I:::!;( <nO o --' 3/l1~Q lS3~jOOOM N ~ ~ \ \ \ \ \ J- ' ~ ~ ::; f--Z 00 w- -,!;( 00 0:0 0.--, g ~ ~ :;: ;5 '. ~8 ~ ~ a ., ~ ~ ~ 3lY:)S 01 ION / ____ - --- ~o ~5~ ~ " <O~: o~ z~ ~ " - ~ ~ ~:o ~ ~ "n ('.0;>- '-'~ OeJ\fA31n08 l:J31110::> ~ ". ~ ~ ~ ~' ~ < i; ~ z' ~ ~ ~: ~ ~ = ~ r a.. <( ~ (9 Z Z o N T"""! (")! N '<t ~ , n:: <l: O"l o o N ::::l U 'It Z o l- I- W Il.. a.. <( ~ z o r- <( o o -...J ..0 .......-. J ~..o_. E~ .~....,.;.o_... 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"- to " ~g II '" w ~ "'" "...,...~ -...._-- .~-._-. ""- -....--:.. i_I I ~.. g I i ~ l$ i ~ ~ I' ~ ~ ~ ",. .. . , . ~, ~ ' , '~ ~d , liii~' .B ~~~ ~ , ~'f ' \' .3- ~~~ i ~I !i I o ....! .a ~ a .[:0 \ ,\ '; , 'R \ , I \:j \ .'.(J ' , C be ~i!~ ri !!~W ~~oc 8 /:Om ~ ~ (Mlll:D1Y>lOlO.. CNUSlXJ g~ .. , ~ i . ~ 12 :" "- h ~j ~% e . ;: :;;';; '''' (S ~ :~:~ ;:; rH~ ~ ~ :~. I ~~ 2 ~ ~ ~ S~ ~~ ~: ::; ,,~ i- ~~ ffio d ~< ~ .. d ~~ g ~ k' ~ ~ ~ ~ ~ ~~ ~~ ~ ~ 0: lHl ~ ~ ~~ gi!' I ~ li - N :;! ",j I~ ~ ~~ ~~ ~i ~ ~- ~ ~ ~ ~ ~ ;!;M ~ ~I ~~ ~~ !: lin~ ~ h '" ~ ~ ; ;j ~ Iii ;~ ~ ~u da ~~ q I HI: !!l!il ii' I n I! I ~!Ii 11, with a seating capacity for approximately 600 congregants and a 31,850 square foot multi-use structure that will accommodate the day care center and private school along with church related offices. The church has one congregation but it is anticipated that additional activities may be held at the church, such as study groups, youth groups and fund raising activities. The TIS for this petition evaluated the impacts of the church, school and day care use, but they also provided a trip generation summary for a complete range of uses planned for the site in order to accurately evaluate the impacts of the proposed use on surrounding properties, traffic, and utilities, pursuant to the requirements of the LDC. The total combined area cannot exceed 47,350 square feet. The conceptual site plan (see attached) indicates that the ingress and egress will be from Immokalee Road (CR-846). The applicants are providing paved sidewalks from the public right-of-way (ROW) all the way through to the structures and through to the parking areas that will have designated pedestrian crosswalks. Furthermore, the applicant will be providing 5.33:1: areas of open space comprised of the required buffering, water management and native vegetation preserves. Currently the site contains a single-family dwelling unit with an abandoned aviary/petting zoo that may be demolished prior to the construction of the church. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family home and aviary/petting zoo, zoned Rural Agriculture (A) SURROUNDING: North: East: South: West: single-family/Multi-family residential, and golf course, zoned Heritage Bay PUDIDRI Calusa Pines Golf Course, zoned Rural Agriculture (A) Calusa Pines Golf Course, zoned Rural Agriculture (A) Calusa Pines Golf Course, zoned Rural Agriculture (A) AERIAL 8/5/2009 Page 4 of 10 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is located within "Receiving Lands" of the Rural Fringe Mixed Use District [RFMUD], as identified on the Future Land Use Map [FLUM], and as further described in the Future Land Use Element [FLUE] of the GMP. The Receiving Lands are, "those lands within the Rural Fringe Mixed Use District which have been identified as being most appropriate for development. . . . . ." The following standards contained within the "Receiving Lands" provisions of the RFMUD are relevant to this conditional use application are written in italic and followed by staff comments and analysis. 4. Emergency Preparedness: a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Collier County Emergency Management has determined that this site is within the Category 4 Storm Surge zone for Collier County and therefore is not desirable for, or required to provide the shelter requirement." Therefore, this application may be found consistent with the RFMUID. Impacts on evacuation routes, if any, must be considered as well. Collier County Emergency Management has reviewed the potential evacuation route impact of this project and found it to be minimal. Therefore, this application may be found consistent with this provision. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. " The applicant prepared and submitted a Wildfire Prevention and Mitigation Plan in accordance with the RFMUD requirements to the Division of Forestry who reviewed the plan as revised and found it acceptable. 5. Allowable Uses: Uses within Receiving Lands are limited to the following: q) Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. w) Private schools. " 8/5/2009 Page 5 of 10 The applicant has requested a conditional use to permit the construction of a church, child care center and private school with a multi-purpose building and recreation space and offices to be used by the child care center. In view of the above listed allowable conditional uses in the Receiving Lands of the RFMUD, this proposed conditional use may be found consistent with paragraph 5 above. 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. " No internal roads are proposed as both the small size of the site and the type of project make a loop road not feasible. This project may be found consistent with this policy. Policy 7.3: "All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type." The Conditional Use Conceptual Site Plan does not show access to the adjoining Calusa Pines Golf Course which directly abuts the subject property to the east, south and west. Due to the small size of this project, the absence of local streets, the nature of abutting property, and the proposed preserve over the south portion of the property, this project may be found 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. " The Conditional Use Conceptual Development Plan indicates that an internal on-site sidewalk system will be provided which will also connect to the existing sidewalk located on the south side of Immokalee Road as required by County regulations. This project may be found consistent with this policy. Consistency with the Conservation and Coastal Management Element (CCME) of the GMP Policy 6.1.2: "For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40 percent of the native vegetation present, not to exceed 25 percent of the total site area shall be preserved" The petitioner has provided 40 percent (2.05::!: acres) of native vegetation along the southern property boundary and this is consistent with the CCME policy of the GMP. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the FLUM and FLUE. Transportation Element: The Transportation Services Department has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period upon provision of mitigation. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). 8/5/2009 Page 6 of 10 Immokalee Road Impacts: The first concurrency link that is significantly impacted by this project is link 44, Immokalee Road (CR-846) between Collier Boulevard (CR-951) and Wilson Boulevard. The project generates 350 total PM Peak Hour trips on a weekday, resulting in 119 PM peak hour, peak direction trips being distributed on Immokalee Road (CR-846). These 119 Westbound trips represent a significant 3.14 percent impact on Immokalee Road (CR-846). This segment ofImmokalee Road (CR-846) currently has a remaining capacity of 1,971 trips, and is currently at LOS "B" as reflected by the 2008 Annual Update and Inventory Report (AUIR). No subsequent links of Immokalee Road (CR-846) are significantly impacted, thus no further analysis was required for weekday PM Peak Hour impacts. A Sunday analysis of the church has been included in the Traffic Study as well. The project produces 366 total Sunday Peak Hour trips, 134 of which compose the peak Sunday impact on Immokalee Road (CR-846) in the eastbound direction. Collier Boulevard (CR-951) Impacts: The second concurrency link that is significantly impacted is link 30.1, Collier Boulevard (CR-951) between Immokalee Road (CR-846), and Vanderbilt Beach Road (CR-862). The project generates 58 PM peak hour, peak direction trips being distributed on Collier Boulevard (CR-951). The 58 northbound trips represent a significant 2.37 percent impact on Collier Boulevard (CR-951). This segment of Collier Boulevard (CR-951) currently has a remaining capacity of 735 trips, and is currently at level of service LOS "B" as reflected by the 2008 AUIR. No subsequent links of Collier Boulevard (CR-951) are significantly impacted, thus no further analysis was required for weekday PM Peak Hour impacts. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1.c, of the LDC permits conditional uses in the rural agricultural zoning district. The requested uses for a church, private school, and child care centers are permitted as conditional uses in the rural agricultural (A) zoning district, subject to the standards and procedures established in section 10.08, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As explained in detail under the GMP consistency review, the Comprehensive Planning staff has found that this petition is consistent with all applicable elements of the GMP. It will also be in compliance with the applicable provisions of the LDC subject to the conditions of the approval listed on page 9 of the staff report. 8/5/2009 Page 7 of 10 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the conceptual site plan, the ingress and egress to the subject property is limited to lmmokalee Road (CR-846). As mentioned above, the applicants are providing paved sidewalks from the public right-of-way (ROW) all the way through to the structures and through to the parking acres that will have designated pedestrian crosswalks. Lastly, staff from the Transportation and Fire Departments has indicated that this project will not adversely impact traffic flow and control, and that the access is adequate in case of fire or other catastrophe. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The proposed church, day care center and private school will not have an impact on the neighboring properties in relation to noise, glare, economic or odor effects because the neighboring properties are limited to the Calusa Pines Golf Course on three sides and lmmokalee Road (CR-846) to the north. A Type "D" landscape buffer is also required along lmmokalee Road. Landscape buffers or walls are not required where this property abuts the Calusa Pines Golf Course. Conversely, the church may be used by outside charitable organizations, such as Boy Scouts and Girl Scouts of America and this may create some noise and glare from vehicles arriving and departing the site during the weekday. However, the impact from noise and glare is expected to be minimal and the intensity of their activities is not significantly more than what was approved in the surrounding area. The conceptual site plan indicates the southern portion of the subject site will be the preserve area which will screen any activity from the subject property to the golf course. The 30-foot minimum side yard setback should minimize any impacts the proposed project might have in relation to the golf course. 5. Compatibility with adjacent properties and other property in the district. The maximum zoned building height is 35 feet as provided for in the rural agricultural zoning district. The petitioner indicates that the actual height will not exceed 45 feet for the principal structures. The zoned height for accessory structures will be 20 feet and the actual height will not exceed 30 feet. The minimum front yard and rear yard setback will be 50 feet and the minimum side yard setbacks will be 30 feet. Since the proposed development is adhering to all setback and height requirements per the rural agricultural zoning district, staff is of the opinion that this petition is compatible with the adjacent properties. The proposed church is compatible with the approved land uses within the Heritage Bay PUD/DRI that is developed with single-family and multi-family residential homes and with the Calusa Pines golf course that is located along the southern, eastern and western property boundary. 8/5/2009 Page 8 of 10 Based on the above findings, staff is of the opinion that this conditional use should, with stipulations, be recommended for approval to the Board of Zoning Appeals (BZA). ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was held on May 12,2009 at Collier County, University of Florida Institute of Food and Agricultural Sciences Extension. Five people from the public attended, as well as the applicants and their team Margaret Perry, Jeff Perry, Tom Trettis, and Raymond Piacente of Wilson Miller Inc, Attorney Bruce Anderson of Roetzel & Andress, along with county staff, Melissa Zone. The main concern for one of the property owners was in regard to drainage issues that might come about from the development of the subject site which might cause flooding in the surrounding neighborhood. The applicant's agents and county staff eXplained that all new development has to adhere to State and County regulations, and the property owner was content with the agents response and had no other concerns with the church request. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-2009-AR-14148 on August 20, 2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- 2009-AR-14231 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost for planned intersection and signalization improvements at CR-951 and Immokalee Road (CR-846) at the time of the next Development Order application. 3. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriffs Department, at any location that is determined by either entity to experience operational or safety deficiencies as a result of this project's peak-event traffic. 8/5/2009 Page 9 of 10 REVIEWED BY: 2?- 17~O? RA YMO V. BELLOWS, ZONING MANAGER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~Lrn,/~ '1/W/oCJ strSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ~h lor PH K. SCHMITT, ADMINISTRATOR DA TE I MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK STRAIN, CHAIRMAN DATE Tentatively scheduled for the October 13, 2009 Board of Zoning Appeals Meeting Attachments: A. B. C. Conceptual Site Plan "FOUND ON PAGE 3 OF 10" Wildfire Mitigation and Prevention Plan GMP Consistency Memo 8/5/2009 Page 10 of 10 " y Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner The Capitol Tallahassee, FL 32399-0800 Victor A. Hill Wildfire Mitigation Specialist Caloosahatchee Forestry Center 10941 Palm Beach Blvd. Fort Myers, FL 33905 (239) 690-3500, Ext. 104 June 4, 2009 Melissa Zone, Principal Planner Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 Peace Lutheran Church submitted a Wildfrre Mitigation and Prevention Plan to the Florida Division of Forestry for review. The property is part of Section 25, Township 48 South, Range 26 East, in Collier County. It is owned by Peace Lutheran Church of Naples, Inc. The plan as revised and received on June 4, 2009 is acceptable. Sincerely, CHARLESH.BRONSON COMMISSIONER OF AGRICULTURE vVtA1 Wildfire Mitigation Specialist Attachment A WILDFIRE MITIGATION AND PREVENTION PLAN FOR PEACE LUTHERAN CHURCH Background The Peace Lutheran Church (herein referred to as "Project") is located on Immokalee Road, approximately 1.25 miles east of the intersection of Collier Boulevard (CR. 951) and Immokalee Road, and is part of Section 25, Township 48 South, Range 26 East, Collier County, Florida. The Project falls under jurisdiction of the Golden Gate Fire Control and Rescue District (GGFD). The site, owned by Peace Lutheran Church of Naples, inc., encompasses approximately 9.35 acres and previously served as a single-family residence and a privately owned aviary and zoo. The land has been partially cleared. Peace Lutheran Church of Naples, Inc. is currently seeking approval via a Collier County Conditional Use Application to use the property for a church and associated uses including a child development center and private school. Since the property lies within the Rural Fringe Mixed Use District - Receiving Area, as designated within the Future Land Use Map in the Collier County Growth Management Plan, a Wildfire Mitigation and Prevention Plan (Wildfire Plan) must be prepared in coordination with Collier County Emergency Management Department and the Florida Division of Forestry. This Wildfire Plan addresses access, vegetation, building construction, fire protection, utilities and additional factors, so as to appropriately cover the requirements in the Collier County Growth Management Plan. Access Ingress and egress will be accommodated via a 24-foot wide, two-way travel way, which will provide access to/from the eastbound lane of Immokalee Road. This travel way will provide access to all structures located on-site, and access to all parking areas on-site. The drive aisle width and turning radii have been designed to accommodate emergency vehicle access, including the largest trucks used by the Golden Gate Fire Control and Rescue District. Vegetation Bordering woodlands to the east and south are the greatest areas of wildfire concern for the Florida Division of Forestry. Forestry officials may conduct wildfire mitigation and community outreach efforts in the area. The Project is bordered on the north side by Immokalee Road, and on the south, east and west sides by the Calusa Pines Golf Course. Structures within the Project will be designed to conform to a minimum 30' setback from Project boundary, thereby providing the recommended 30' defensible space as outlined in the "Developing a Wildfire Mitigation and Prevention Plan" document. The southernmost +/- two acres of the Project have not been previously cleared or developed, and are currently comprised of native vegetation. A portion of this area will be preserved to satisfy Collier County Native Vegetation Preservation requirements, and will therefore not be developed. Per Collier County Land Development Code Section 3.05.07, all principle structures must maintain a minimum 25' setback from the boundary of any native vegetation preserve. The 6/1 Q.009. 211598. Ver: 3 - DHARTLEY 06B26-00(H)Ol - PWRK - 32602 preliminary site layout for this Project, however, provides for a minimum 30' setback from this preserve area, thereby providing adequate defensible space for those structures. Please note that planting of non-highly flammable vegetation/landscaping will be encouraged within the 30' setback, so as to provide for a more efficient defensible space adjacent to all structures. Vegetation around the buildings will consist of typical southwest Florida cultivated landscaping such as palms, live oaks and grass with some shrubbery (note that all vegetative plantings shall be in conformance with the Collier County Land Development Code). Building Construction All structures will be constructed of materials in accordance with the Florida Building Code. Although the final building construction type for structures within the Project has not yet been determined, it is anticipated that all structures will include fire sprinkler systems, and that a 30' defensible space as discussed in the vegetation section above should be adequate for the proposed construction. Continuing maintenance of all structures, including the periodic removal of flammable debris from roofs, will be the responsibility of the owner, their successors or assigns. Fire Protection The Project falls under jurisdiction of the Golden Gate Fire Control and Rescue District (GGFD). The nearest fire station, Station 73, is located at 14575 Collier Boulevard (less than three miles from the Project) and is the district's headquarters. The GGFD is staffed by paid professionals, and is a professional company with the training and planning required to handle a large wildland fire. The GGFD has over fifteen trucks equipped to handle fires and other emergencies, with Station 73 housing at least one engine truck, a brush truck and a special response vehicle. The district also has three pumper trucks on reserve status. The Project's fire protection system will include at least two fire hydrant locations on-site, which will be pressurized by either a ground well and pump system or a tank system. Additionally, there is a Collier County owned fire hydrant located on Immokalee Road approximately 100' from the Project boundary, although this hydrant is not yet active. It is anticipated this hydrant will be active in the year 2018. Utilities The Project will be constructed in phases, with the first phase being serviced by a septic system for sanitary sewer, ground wells for potable water, and a ground well or tank system to accommodate fire protection. The build-out phase of the Project will be serviced by Collier County utilities. However, there will be no Collier County owned utilities on-site other than the potable water meter located near the northern Project boundary. Therefore, there will be no utility easements and/or right-of-ways granted within the Project, other than around the potable water meter. Once the Project is serviced by Collier County Public Utilities, the fire protection""'sys'tElrirwillbe connected to the Collier County owned 36" water main which runs along the north side of Immokalee Road. 6(1(2.009 - 211598 - Ver:;3 - DHARTI.EY 06826-000-001 . PWRK . 32602 .'1>.- 4"- 11_.1, Additional Factors 1) Adjacent areas of wildland vegetation and fuel management programs already in place or planned: Please reference the Vegetation section of this plan, which addresses adjacent areas of wildland vegetation. There are no existing fuel management programs in place. 2) Homeowner association structure and education: The Peace Lutheran Church will not include a homeowner's association. The owner, his successors or assigns will be responsible for the implementation of this plan. 3) Other barriers to wildfire access such as canals or ditches: The water management system for the Project will include a system of dry detention areas, which are similar in nature to ditches. These dry detention areas will run along the Project boundary, and may serve as additional barriers to wildfire access. 4) Community density: Not applicable. The Peace Lutheran Church will comprise the entire site. 5) Vacant lots in the community: Not applicable. The Peace Lutheran Church will comprise the entire site. 6) Wildfire history of the area including main causes: According to the Florida Division of Forestry, the main causes for wildfires in the area are lightning, escaped burning debris, escaped yard trash and equipment (mowers, etc.). The Division of Forestry did not provide information on the wildfire history of the area. 6/1/2009 - 211598 - Ver: 3. DHARlLEY 0682 6-000-001 - PWRK - 32602 ~~T <;?ou:nty Memorandum ~: Melissa Zone, AICP, Principal Planner, Zoning and Land Development Review Department From: Thomas Greenwood, AICP, Principal Planner; Comprehensive Planning Department Date: June 17,2009 Subject: Future Land Use Element Consistency Review-Memo #2 PETITION NUMBER: CU-2009-AR-14231 PETITION NAME: Peace Lutheran Church of Naples, Inc. Conditional Use Application REQUEST: Conditional use application proposing the construction of two structures containing a new church, private school and day care center with an initial approximate total 47,350 square feet of new building space allocated as follows: · 15,500 square foot building for the sanctuary; and · 31,850 square foot building containing a child development center, multi-purpose and recreation space, and office space to be used by church and employees. LOCATION: The subject property contains :1:9.35 acres and is located on the south side of lmmokalee Road 1.5 miles east of Collier Boulevard having a physical address of 9824 Immokalee Road and located in Section 25, Township 48 South, Range 26 East. It is_surrounded on three sides by Calusa Pines Golf Course with Immokalee Road and Heritage Bay PUD to the north. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within "Receiving Lands" of the Rural Fringe Mixed Use District [RFMUD], as identified on the Future Land Use Map [FLUM], and as further described in the Future Land Use Element [FLUE] of the Growth Management Plan [GMP]. The Receiving Lands are, "those lands within the Rural Fringe Mixed Use District which have been identified as being most appropriate for development. . . . . .". Consistency with the FLUE of the GMP ,'" "."~.~,,. ,.0",....,. The following standards contained within the "Receiving Lands" provisions of the RFMUD are relevant to this conditional use application. Staff comments and analysis is shown in bold. "4. Emergency Preparedness: 1lPage Attachment B a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Mr. Von Rinteln of the Collier County Emergency Management Office on Aprill, 2009, indicated in an email to Melissa Zone, Principal Planner, the following: "The Peace Lutheran Church Consistency Review (dated March 23, 2009) mentions the potential requirements of its facilities being built to hurricane shelter specifications. Collier County Emergency Management has determined that this site is within the Category 4 Storm Surge zone for Collier County and therefore is not desirable or required for the shelter requirement." Accordine:ly, this application may be found consistent with the RFMUID. Impacts on evacuation routes, if any, must be considered as well. In response to the March 23, 2009, consistency memo in which staff stated that the application did not address impacts on evacuation routes, Melissa Zone, Principal Planner, on Aprill, 2009, received an email from Mr. Von Rinteln of the Collier County Emergency Management Office as follows: "Collier County Emergency Management has reviewed the potential evacuation route impact of this project and see it as minimal." Accordine:ly, this application may be found consistent with this provision. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. An Emergency Preparedness Plan is not required for this project. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands." The applicant has indicated that it will prepare a Wildlife Prevention and Mitigation Plan in coordination with the Florida Division of Forestry and the Collier County Emergency Management staff and will submit the Plan as part of the site development plan application process. Staff points out that waiting for Plan approval until the site development plan approval process, MAY result in the relocation of buildings to locations substantially different than those shown on the Conditional Use Conceptual Plan, which MAY then require a re-submittal for a Conditional-lJ~e.Accordingly, Staff recommends this plan be prepared now"!is'lnt~'''--_'''''''''''d'' of this CD petition. As a follow-up, on April 22, 2009 the applicant prepared and submitted a Wildfire Prevention and Mitigation Plan in accordance with the RFMUD requirements to Mike Weston from the Division of Forestry who is reviewing the plan, according to a May 12, 2009 email submitted with the revised 2lPage application. Subject to approval of this Plan by Collier County and the Florida Division of Forestry, this application may be found consistent with paragraph 4b) above. "5. Allowable Uses: Uses within Receiving Lands are limited to the following: q) Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. w) Private schools. " The applicant has requested a conditional use to permit the construction of a church, child care center and private school with a multi-purpose and recreation space and offices to be used by the child care center. In view of the above listed allowable conditional uses in the Receiving Lands of the RFMUD, this proposed conditional use may be found consistent with paragraph 5 above. "D) Additional TDR Provisions: Collier County has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process includes the following provisions: 2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance the rural character within the Rural Fringe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishing buffering standards for developments adjacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishing a minimum project size below which these requirements shall not apply; the degree to which water features, including water management lakes and canals, may be a part of this buffer; credits for existing native vegetation that is to be retained; and, credits toward any open space and native vegetation preservation requirements." The proposed conditional use is adjacent to Immokalee Road and, as such, is required to develop and maintain a buffer consistent with the previous paragraph, with def'mitive language provided in Chapter 4 of the Land Development Code (LDC). The LDC requires a IS-foot wide Type "D" buffer. The Conditional Use Conceptual Development Plan does include a notation related to the proposed I5-foot wide type "D" buffer. Subject to approval of this buffer by Collier County, this application may be found consistent with paragraph D2 above. The following address other policies contained within the FLUE. Each policy below is followed by staff anal ysis in bold print. FLUE Policv 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding lands uses, as set forth in the Land Development Code. " New developments shall be compatible with and complementary to the surrounding land uses as set forth in . .'~<C'~tW"L11naDevelopment Code. It is th'e ."respoiis'i13Uity' of the Zonm~tandDever()pment Review staff as part of their review of the petition in its entirety to perform the compatibility analysis. 3lPage Objective 7: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. " Policy 7.1 "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. " As depicted on the Conditional Use Conceptual Site Plan, this project has one existing ingress/egress direct access onto Immokalee Road, an arterial road, which is the only vehicular access to the property and may be found consistent with this policy. 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 needfor traffic signals. "No internal roads are proposed as both the small size of the site and type of project make a loop road not feasible. This project may be found consistent with this policy. Policy 7.3 "All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. " The Conditional Use Conceptual Site Plan does not show access to the adjoining Calusa Pines Golf Course which directly abuts the subject property to the east, south and west. The subject property has no local streets, having just internal private driveways and parking. Due to the small size of this project, the absence of local streets, the nature of abutting property, the proposed preserve over the south portion of the property, this project may be found 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. " The Conditional Use Conceptual Development Plan indicates that and internal on-site sidewalk system will be provided which will also connect to the existing sidewalk located on the south side of Immokalee Road as required by County regulations. As this is a non- residential use, this policy is mostly not applicable and this project may be found consistent with this policy. Consistencv with the Conservation and Coastal Mana2:ement Element rCCMEl of the GMP "Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: 4lPage Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. " Staff leaves the determination of consistency with this standard of the CCME to the Environmental Services staff. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the FLUM and FLUE and subject to the approval of the Wildfire Prevention and Mitigation Plan by Collier County and the Florida Division of Forestry. (ON CD PLUS) cc: Susan Istenes, AlCP, Zoning and Land Development Review Department, Director Ray Bellows, Zoning and Land Development Review Department, Planning Manager Randy Cohen, AICP, Comprehensive Planning Department, Director David Weeks, AICP, Comprehensive Planning Department, Planning Manager 5lPage RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENf OF A CONDITIONAL USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRNATE SCHOOL WITHIN AN AGRlCUL TURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.l.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 som, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0 I.A.l.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection to.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public r.1eettng assembled and the Board ha,.ring ('l)nE"idered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: CU-09-AR-1423 1 REV. 8117/09 lof2 Petition Number CU-2009-AR-14231 filed by Brooke C. Gabrielsen ofWilsonMiller, Inc. and R. Bruce Anderson of Roetzel & Andress, LPA, representing Peace Lutheran Church of Naples, Inc., with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0LA.1.c of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this _ day of , 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and IORAFT Steven T. Williams Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions 09-CPS-00938/9 CU-09-AR-14231 REV. 8/17/09 20f2 LEGAL DESCRIPTION THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHlP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT TIIE NORTII 100 FEET THEREOF; FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA.e Exhibit A i~:,:-~_- .--'-' '-----_ ~:ig(~r:;&r' t" ..:J'1~~'--.__._ -', ". -~~g /' '-. --.'\.;: I.~ "'- '~ ".,' ---. -, .;.~~.:.-,::.:~:; "" -:.~ ". -- ----. -.. - (" '''', -, ""'" ,J.. \~st -----, __. ':> ' '-- -', _~_ ., 1 I! '! 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".. ~ ~ ~~ ~~~ ~ ..g; ~:> 3 s"i ! c: .... % ~ g~ !l ~ ~~~ .. ~ D:u .; n I ~oa I ~3 S ..,IN;t I . '" ~a ~ ~ ~I ~i ~ ~..~ 11 ~i ! " "'0: 'i I i" 15 J:.=' z: 52 ~ ~~ e: !l ~ 5 1 . If ~ ~i i~ .. e I . I ;!; , I ~ I ! h . . c J : ~ ~ ni I Ii 8 ~ ~I I .; ~ ~. II: " is ~ ~ lJI ~ :! :> ~ "- Ii In C '" ~ : ~i ~ ~~ I: ~ 2 ; i I! II .. ~I ~i ~ ~ ~ ~ ~ i~!fi II: iH~ ~, ~~ Ilw ~ ".; "':! ~l J; .;..; ~:i ~~ ~I -~ ~~~,~ ~~ ~. h~ I:e ~E i iiiii ~ hi'h :;: n ~ ~~: n~ ! i III Ii I ~lilir. . I I j i ~ I ~~ i i~ ; ii n ~ J 3 i ~ ~ U'l :: CONDITIONS of APPROVAL CU-2009-AR-14231 Peace Lutheran Church 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), and included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations.. 2. Applicant will be required to contribute proportionate share cost for planned intersection and signalization improvements at CR-95 1 and Immokalee Road (CR-846) at the time of Development Order application. 3. Applicant will be required to contribute proportionate share cost for planned intersection and signalization improvements at Immokalee Road (CR-846) and Woodcrest at the time of Development Order application. 4. Applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Dept or the Collier County Sherriffs Dept, at any location that is determined by either entity to experience operational or safety deficiencies as a result of this project's peak- event traffic. 8/5/2009 Exhibit C AGENDA ITEM 9-( Co~T County - ,--~ - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 3, 2009 FROM: SUBJECT: PE-PL2009-260; MARCO ISLAND EXECUTIVE AIRPORT PROPERTY OWNER/AGENT: Owner: Collier County 3301 Tamiami Trail East Naples, FL 34112-4961 Applicant: Collier County Airport Authority 2005 Mainsail Drive Suite #1 Naples, FL 34114 Agent: Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Parking Exemption to allow construction of a 71-space off-site parking lot on property not zoned commercial pursuant to Section 4.05.02 K.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The total subject site consists of 66.0:!: acres and the proposed off-site parking lot consists of 1.0:!: acre, Both sites are located at the eastern end of Mainsail Drive, with the proposed parking lot located to the north of the airport entrance, which is located at the terminus of Mainsail Drive in Section 26, Township 51 South, Range 26 East, Collier County, Florida. (See location map on following page) PURPOSEIDESCRIPTION OF PROJECT: The applicant seeks a Parking Exemption to replace the existing 74-space parking lot that will be converted into an aircraft parking apron to allow construction of a new parallel taxiway. Section 4.05.04 of the LDC requires one parking space per each aircraft tiedown/storage/maintenance area for a general PE-PL2009-260 Revised 8/10/09 Page 1 of 8 ... .. % o " ... .. % o " N ~ :; ~ ~ ~ III ~ ~ '" ~ ~~~ N .~~ ~_s, is .- ~ :c L ,~ r i ~ ~~ ",.,. O! 'ON / ___ - ~- " ~~ ~~[ ~ ~~ ~ o ~ :; N~ ~ ~ ~~ ~ ~ 61'> ~ ~~ (lS6cfS) ~ ~ :!' ~ a.. <( ~ CJ z z o N o to N Ol o o N -l a.. w a.. 'It Z o l- I- W a.. a.. <( ~ z o ..... <( U o -.J EXISTING RUNWAY . _ . LEX)2TIN...Q. T~X.'W~Y o..--w - rcMW\ '0 a a L ~ osll= I ~ Q: o l1, es -.: ~ S u ~ ~ ~ ~ 8 ~ z o i= "-z 21:5 ~"- C>~ ~Ui rc < "- ~~~~ a~~~ ~~;~ " ~~ ~~3 ~~ ~ ~I ~ !l f . ~ ~=' ~: .. ~ ~ 0:: :;.. c U f ~ ~~ ~.i t f ~ 5 ~ ~ ~~ I ~ii .:\. = : ~ ~ ~H s...... ~ HH f- f- rc rc 0 ~~~ 0 "- aR: arc ~~=4: ~,,~ ~~< c: ::>~~ O-~i :::>!<?~ ~ gg5 d~~ ~D=> ~o:;;r ...JUu 0- wcrG3 CDrew 0: 1r~G5 ~:~ :::><x ;;r "-"-'w ~ Iji .. i:i <.) i:i i:\g~ w.. w" zw Zw Oln Oln N:::> N:::> AIRPORT PROPERTY LINE V> w,. reo ore :J: Vl~ ~~ ~...J ~~ a~ :::>< "-"-' V> i:i w f- w" re 0 Zw 0 ...J Oln :J: W N:::> In " 2: oEil Z re U"- "" D reo re ...J ~...J ~ <i' ~~ In ...J Z DD < ~ :::>Z Z "-:::> 5!' rc i:i I=' w.. i5 Zw Oln Z N:::> ~ Z o In Z :J: ~ Z o ~ f-~ Inw IIn ZZ 00 uu i:i w" Zw Oln N:::> . I ~ ~ ~ i ~ ~ ~ ~ rz ~ o 0 ~ I , Ii" . " : Ii { 'it '1~: i :' : . :! ~ , , :.~: ii. 11 J, Iflr ; 'j I~ 11 I,."". '~~ :~: . l~: ,a z o i1I. ~p ~~ ~w ~~ oz r ~ o . o ~ .... Q t:i ~ -0 CO .... C..:;l . II "t ii; =~ Qi.-, ~E :s:i "e I i ~ P I P I &: ! f j j ! @ I ~: i aViatIOn airport. According to the petitioner's application, there will be 53 tiedowns/hangers, so 53 parking spaces would be required. The applicant proposed to provide 71 spaces, with three of the spaces designated as loading and unloading spaces only. In actuality therefore, the petition will be providing 68 actual parking spaces. The airport property has a zoning designation of Public Use (P) and the parcel intended to be used for the offsite parking lot has a zoning designation of Planned Unit Development (PUD), as part of the Marco Shore Golf Course Community PUD, which is governed by Ordinance Nos. 81-6, 85-56 and 94- 41, with the Master Plan amended in PDI Resolution 01-29. The overall Marco Shores Golf Course Community PUD was rezoned to PUD prior to the separate use designations for different PUD zoned projects such as residential or commercial PUDs (RPUD and CPUD). However this particular PUD is described in Ordinance No. 81-6, Section 2.02 in the General Plan of Development as follows: The general plan of development of Marco shores is for a planned residential community of multi-family dwelling units and golf course. Although the project has been amended to include residential uses other than multi-family dwellings, the development focus is still residential in nature with a maximum of 1,580 units allowed in the project. The parking lot tract is shown on the Master Plan of that PUD as a portion of a larger tract that is designated as a park site but with an additional notation that it is a temporary utility site. The PUD does not establish any uses or development regulations for the Park designated areas shown on the site plan. r~ 1'r=:r'n roposed Parking Lot Site (approximate) NIlibJ3.1 1'1e...rv< GC Malrlt.",UO& Faeillly Excerpt from Approved PUD Master Plan SURROUNDING LAND USE AND ZONING: North: Lake Marco Shores, then state-owned lands with a zonmg designation of CON-ST, preserve area PE-PL2009-260 Revised 8/10/09 Page 2 of 8 East: South: Marco Island Executive Airport with a zoning designation of Public Use Mainsail Drive then state-owned lands with a zoning designation of CON-ST preserve area, and to the southeast the golf maintenance area The remainder of Tract Q of Marco Shores Unit One (Plat Book 14, Pages 33-38) is vacant land owned by Collier County, with a zoning designation of PUD (Marco Shores Golf Course Community shown with a use designation of park and temporary utility site) and then a utility site operated by the City of Marco Island. West: AERIAL PHOTO (subject site highlighted in yellow) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Coastal Fringe Subdistrict) on the Future Land Use Map (FLUM) and within the text of the FLUE of the Growth Management Plan (GMP). The subject property is a portion of the lands addressed by the Deltona Settlement Agreement (Unit 27). In that agreement, the developer was allotted certain developable tracts while other acreage was placed into State ownership. The proposed Parking Exemption may be deemed consistent with the relevant goals, objectives and policies of the GMP. ANALYSIS: Transportation Review: The Transportation Services Division staff has reviewed this petition and has offered no objection to the proposed use at this location. Zoning Review: Section 4.05.02.K.3 (a) 2, of the LDC allows a Parking Exemption to be sought when a lot proposed for off-site parking is not zoned for commercial uses. As noted above, the PUD governing the subject site is a residential PUD. As part of its review of this application, staff has completed a PE-PL2009-260 Revised 8/10/09 Page 3 of 8 comprehensive evaluation of the Parking Exemption criteria outlined in Section 4.04.02.K.3 (b), of the LDC, upon which a determination for any Parking Exemption must be based. The criteria are italicized, followed by staffs comments below. This evaluation will form the foundation of the Collier County Planning Commission's (CCPC) recommendation, which is then forwarded to the Board of Zoning Appeals Board (BZA) for a final decision. (1) Whether the amount of off-site parking is required by IDe Section 4.05.04 G. and 4. 05.09, or is in excess of these requirements. The proposed 71-space parking lot would serve the patrons and employees of the Marco Island Executive Airport. While the LDC only requires a minimum of 53 parking spaces, the petition believes there is a need to provide additional parking spaces. Note the parking lot to be replaced provides 74 parking spaces, so the petitioner is proposing a slight reduction in the parking spaces available at the airport. Staff is recommending a condition that will limit this parking lot's use to only employees and patrons of the airport; the parking lot could not be utilized for golf course maintenance or the City of Marco Island employees or visitors. Due to the more remote location of the airport and its smaller size, staff does not anticipate misuse of this parking lot by the general public. However, because the parking lot may not be used to its maximum potential for patrons and employees during off peak hours or seasons, staff does have concerns that the parking could be misappropriated either by the airport authority, the City of Marco who operates a utility site nearby, or the developer or his employees of the Marco Shores golf course. Staff therefore has included conditions that will prohibit use of this parking lot for storage or parking of vehicles or equipment other than airport employees' and patrons' vehicles. Staff has not offered any limitation on the hours of operation for the parking lot because other conditions limit the use to airport patrons and employees. Since persons who fly in and out of the airport could leave vehicles in the parking lot overnight, hour of operation limitations would not be appropriate. (2) The distance of the farthest parking space from the facility to be served. According to the petitioner, all parking spaces will be located within 275 feet of the existing terminal building. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. The proposed parking lot is not separated by any collector or arterial roadways. (4) Pedestrian and vehicular safety. The site plan for this Parking Exemption shows a walkway will be provided from the parking lot to the terminal building. In addition, the site plan indicates a passenger loading and unloading zone is to be provided near the sidewalk. There should be no other vehicles or pedestrians within the parking lot. The site plan indicates a security fence will be provided along the eastern parking lot boundary and along the walkway to separate patrons and employees from the proposed aircraft apron area. The applicant has indicated that the parking lot will be lighted. The parking lot, PE-PL2009-260 Revised 8/10/09 Page4of8 sidewalks, crosswalks, circulation striping and signage will be in compliance with all the LDC requirements. (5) The character and quality of the neighborhood and the future development of surrounding properties. The surrounding area is developed with utility and maintenance uses within the PUD and with the airport to the west. Marco Shores Golf Course Community has built the maximum number of residential units allowed within the PUD; any proposal to increase the number of units would require an amendment to the PUD. Aerial photography and the PUD Master Plan show the golf course separates residential structures from the proposed parking lot by approximately 4,000 feet. (6) Potential parking problems for neighboring properties. As shown above, the proposed parking lot is not proximate to any residential uses therefore staff does not anticipate any overflow parking issues for the residences within Marco Shores Golf Course Community PUD. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. PE-PL2009-260 Revised 8/10/09 Page 5 of 8 The proposed parking lot will be the only access patrons and employees will have to the airport. It is not anticipated that there will be any internal traffic flow between this parking lot and any other airport property. (8) Whether vehicular access shall be from or onto residential streets. Although a portion of Mainsail Drive does provide access to residential uses to the west of the proposed parking lot, vehicles operated at this terminus of Mainsail Drive should not be residential use oriented. The Transportation Planning Department has approved the ingress/egress to the site. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. In this particular situation, the adjacent tracts are not designated for residential uses, therefore the 15 foot wide buffers that include walls is not an appropriate requirement. The site plan demonstrates that a 15-foot wide Type B buffer with a hedge will be provided along the western boundary of the parking lot, a I-foot wide type A buffer will be provided along the north boundary, and a 15-foot wide type D buffer will be provided along Mainsail Drive. (10) Whether the off-site parking area will be used for valet parking. The parking lot exemption area will not be used for valet parking. (11) Whether the off-site parking area will be usedfor employee parking. The applicant has indicated that this off-site parking area is to be utilized by employees as well as patrons. (12) Whether there are more viable alternatives available. Staff believes the proposed parking lot offers the most viable alternative to allow construction of the aircraft apron. (13) Off-street parking areas must be accessible from a street, alley or other public right-oi-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. The parking lot has been designed so motor vehicles will not be required to back onto the adjacent streets. NEIGHBORHOOD INFORMATION REQUIREMENTS: For Parking Exemptions, the LDC only requires the petitioner to notify all neighboring property owners by mail of the proposed action. No Neighborhood Information Meeting (NIM) is required. The petitioner provided documentation to show that the required letter was sent on July 1, 2009. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff repOlt for PE-PL2009-260 revised on August 10, 2009. PE-PL2009-260 Revised 8/10/09 Page 6 of 8 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PE-PL2009- 260 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staffs recommendations of approval. 1. The Parking Exemption approval shall be limited to that which is depicted on thf> Slite plaIl, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals through all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. PE-PL2009-260 Revised 8/10/09 Page 7 of 8 PREPARED BY: t/flf:! KA D SELEM, AlCP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: ;-2.9-0, DATE RA YM V. BELLOWS, ZONING MANAGER DEP AR MENT OF ZONING & LAND DEVELOPMENT REVIEW ~yn,~v /SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW 1- 30 c_ 09 DATE APPROVED BY: ~ ~!~~I I . J S PHK.SCHMITT,ADMINISTRATOR DATE o MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the October 27,2009 Board of Zoning Appeals Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE PE-PL2009-260 Revised 7/22/09 Page 8 of 8