CCPC Agenda 09/03/2009 R
AGENDA
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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
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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
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Exhibit D
SIENA LAKES
LEGAL DESCRIPTION:
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTHERLY 30 FEET.
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
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6. No special events shall be permitted on the site past 11 p.m.
F. PRESERVE AREA
No preserve area is required.
G. EXISTING TOWER
Only one tower shall be permitted on Tract B, which shall be limited to the height of the
existing tower.
August 25, 2009
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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
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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
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APPROXIMATELY 200:!: FEET OF
ROW SHALL BE CONSTRUCTED
AT TIME OF DEVELOPMENT OF
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SUNSET BLVD
ACCESS EASEMENT
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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
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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
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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
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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