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CCPC Backup 03/05/2009 R CCPC REGULAR MEETING BACKUP DOCUMENTS MARCH 5, 2009 AGENDA Revised /I COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH S, 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 S 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 PRESENTATION 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 -JANUARY 28,2009 RSLA, JANUARY 30, 2008 RSLA, FEBRUARY 5, 2008 RSLA, FEBRUARY 5,2009 REGULAR MEETING 6. BCC REPORT. RECAPS - FEBRUARY 24, 2009 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: CU.2008.AR.13661, Center Point Community Church, represented by Matthew McLean, P.E., of Agnoli, Barber and Brundage and Doug Lewis, Esq., of Roetzel and Andress, is requesting a Conditional Use in the Estates (E) Zoning District for a youth ministry sanctuary with supporting offices and youth member social activities relating to the existing religious facility, as specified in Section 2.03.01.B.1.c.l of the Collier County Land Development Code (LOC). The 4.58.acre subject property is located in Tract 85, Golden Gate Estates, Unit 29, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: John.David Moss, AICP) B. Petition: PUDZ.2007.AR.12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bankl NA, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone from the Residential Single.family (RSF.1) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with the Master Plan to allow a maximum of BOJOOO square feet for a house of worship, including day care facilities, a Pre-K through third grade school, and various accessory uses for Tract A; and an additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through third grade school and accessory uses for Tract B. The lS.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. (Coordinator: John.David Moss, AICP) , C. County Planning Commission report and suggested text changes in response to the review of the Rural Lands Stewardship Area Committee report. 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2007-AR-11320, 5embler Family Partnership #42, represented by Robert Mulhere, AICP of RWA, Inc and R. Bruce Anderson, Esquire, of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed-Use Planned Unit Development (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use development. The rezoning petition allows for a maximum of 122,000 square feet of medical office and medical support facilities, and up to 48 multi-family dwelling units, with allowances for modifications of commercial activates and residential uses for additional permitted commercial uses. In no case shall the commercial square footage exceed 185,000 square feet. The subject property is generally located one-half mile east of Collier Boulevard (CR 951) on Rattlesnake-Hammock Road Extension, the south one-half of the Southeast one-quarter of the Southwest one-quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) READVERTISED FROM 1/15/09 10. OLO BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 3/5/09 cepe Agenda/Ray Bellows/cr , COLLIER COUNTY PLANNING COMMISSION GENERAL COMMENTS & This first document is in two parts in response report. The first area of discussion is GE SPECIFIC LANGUAGE recommendations to t SPECIFIC LANGUAGE RECOMMENDATIONS TO RLSA REVIEW March 5th 2009 This report of the CCPC consists of TWO separate documents. I, Section 2 cond area lists the MP language. The second document attached as p GMP recommendations with he " represented by specific text ch strike throul!h. These the recommendations of the R chan e AND underline or te n the "SPECIFIC LANAGUAGE" their actually placement within the L COMMENTS 1) for the RLSA, insert an acronym list specifically for that section 2) One of the mo rsial suggestions by the CCPC was the concept of "capping" (maximizing) credits in lieu of capping acreage. Should the Board of County Commissioners accept the concept of capping the Stewardship Credits at 315,000 maximum credits in lieu of capping acreage, we suggest that an opportunity be provided for the RLSA Committee to reconvene with the purpose of recalibrating the methodology of credit distribution within that credit cap, including re- considerations to strengthen Agricultural incentives. Since the RLSA will be reviewed in the future at regular EAR time periods, any reconsideration of the maximum credits allowed could be considered during those intervals as circumstances mayor may not justify. 3) Reinsert the Existing Overlay Map as currently found in the GMP and update that map to as-built conditions. The Overlay Map proposed on page 68 with the Phase II report has been acknowledged as "distorted". Acreage calculations used in the Phase I report were based upon the Existing Overlay Map. 4) Correct attachment titled: STEWARDSHIP CREDIT WORKSHEET as follows: 1) a. Correct STEWARDSHIP CREDIT WORKSHEET to reinstate the Recreational Uses layer with its original value of 0.1. b. Correct STEWARDSHIP CREDIT WORKSHEET to reinstate th ort Uses layer with its original value of 0.1 c. Correct the proposed STEWARDSHIP CREDIT WORKS Restoration and Natural Resources Uses with a value 0 d. Correct STEWARDSHIP CREDIT WORKSHEET t matching original program. Residential s ul Uses should be 0.1 not 0.2; Agricultur e. Review methodology to include a c the text of the GMP to avoid er wh in #3, #4, #5, #6 and #7 abov onsor, as described 5) Determine who is paying for th 6) Policy 4.9 & 5.1: a. Define the mea apply to the added language. GUAGE CHANGES first 6 months after adoption for existing SSA's that have not been used, sold, trans any way modified from original acceptance to opt out. Suggested additional paragraph be added at end of Policy 1.6.1: "For SsA's approved prior to this Policy 1.6.1 being adopted but have not changed ownership in whole or part since the creation of the SSA and have not transferred, sold or utilized credits generated from the SSA, the property owner may withdraw the SSA designation provided an application for such withdrawal is implemented within 6 months of the adoption of this Policy 1.6.1." b) Remove sections of 1.6.1 after introductory paragraph and move to LDC. 2) Policy 1.7: a) Retain multiple agency references in number (2) 3) Policy 22: a) Remove from the middle of the paragraph the sentence "Open Lands are those lands described in Policy 4.2." Open Lands are actually described in the sentence immediately prior to this one. b) Consider variable Ag land base credits to reflect primary panther areas. Suggest adding language to the end of the sentence referring to (2.6) Credits per acre within the ACSC: "...or Open Lands determined to be primary panther habitat." 4) Policy 2.3: a) Reinstate policy. 5) Policy 2.4: a) Reinstate policy. 6) Policy 3.11: a) (2): Clarify last sentence requirement that th of all of the land needed for a viable corri changing last sentence to read: "Once established for such corridor, is de ted completed by the land Owner(s) all be b) (3) Add to the end of the 4th sent restoration...") of this secti awarded per acre." c) (3): remove last se 7) Policy 3.13: a) Remove t 8) Insert new po "...used a . Add after second reference to WRA: ment for the SRA...". t pa Icipating in the RLS program shall be compatible with year of the effective date of this policy LDC regulations shall be Ighting using standards modeled from the Dark Sky ogram to protect the nighttime environment, conserve energy, and urity.>I 9) Policy 4.2: a) Use maximum credits of existing program as reported in Phase I as basis for maximum development in lieu of establishing maximum development acreage. Review the recalculation of credits and possibly reprioritization of credits but require the total credits generated to remain within the 315,000 credits established as the maximum from the original program. This provides for the maximum protection of existing and accepted property rights as established by the initial program. Suggest changing new added sentence concerning SRA designation to: "Total SRA designation shall be a maximum creation of 315,000 stewardship credits." 10) Policy 4.5: a) Remove "To the extent practical". b) Replace "be consistent" with "comply". c) Insert after County Build Out Vision Plan: "as may be amended". d) In the second paragraph, second line inside the parenthetical, remove the word "parks". 11) Policy 4.6 a) In 4th line remove the words "...not less..." and replace with "greater". b) In 4th and beginning of 5th line remove the words "...or more than..." and replace with "and up to". 15) Pol a) b) R 16) Policy 4. a) Add to acreage: fl... sidential uses are included. CRD's allowed. Suggest the following to f CRDs of 100 acres or less to Villages and 00 acr ss may be approved as SRAs prior to the reafter not more than 5 additional CRDs of 100 acres or equent Village or Town. " 12) Policy 4.7.1: a) After new language "Towns" add "and villages greater than 13) Policy 4.7.2 a) In 2"' line remove the words "...not less..." and replace wit b) In 3" line remove the words "...or more than..." a lace c) In 4th line remove the words "...not more tha d) Add the following sentence to the end of mobility plan, which shall include a tran located within the village to serve transportation." 14) Policy 4.7.3: a) Remove new sentence tha b) Add language to CRD uses to I c) Retain language th d) Establish a cap on dist be added "sustainabilityand" ter the first sentence. nce to note that all open space is included within SRA maximum e counted as part of the SRA acreage." 17) Policy 4.14: a) In first sentence of second paragraph, replace "primary town or community" with "SRA" in both places where this occurs. b) Remove from last line of last paragraph: "that are anticipated to be expanded or constructed". 18) Policy 4.15.1: a) Add new language at end of 3" sentence to clarify that SRA's cannot be dependent upon facilities in other SRA's unless capacity is proven to exist in the other SRA. Suggested: "..., provided the capacity of those adjoining area's facilities as described in Attachment C to be utilized by the newly created SRA can demonstrate sufficient capacity exists for their desired uses per the standards of Attachment c." 19) Policy 4.16: a) Add at the end of third line after "The capacity of": "essential services and" b) Add language in 5th line after the word "includes": ",but not limited to," c) Remove language in middle of paragraph after CRDs: "that are one hundred (100) acres or less in size". (redundant language) 20) Policy 4.17: a) Remove references in second line: "... for Category A public faciliti following: "and public facilities pursuant to Policy 1.1 in additi enforcement, emergency medical services, fire service, gov 21) Policy 4.18: a) Replace beginning words in second paragraph "It is recogn remove "in the RLsA". b) Remove "and" in first sentence of second par c) Modify language in second paragraph to r included in the analysis to determine if event that the SRA development, i. ding those directly generated by the , In the RL 22) Policy 4.20: a) Change the first sentence and public benefit..." b) Remove in 5th line: 23) Policy 4.21: a) Clarify 5th the word form of V 24) Poli " and replace with the he following: jails, law i1dings and libraries." o the SRA are to be d language: "In the unty outside of exceeding thirty five percent es in ACSC. Modify sentence beginning with more than 1000 acres of SRA development in the t participating in the RLS program shall be compatible with -year of the effective date of this policy LDC regulations shall be lighting using standards modeled from the Dark Sky gram to protect the nighttime environment, conserve energy, and 25) Policy 5.1: a) After the reference to FSA's at the end of the third sentence, sixth line, add language from policy 4.9 that reads: "Infrastructure necessary to serve permitted uses may be exempt from this restriction, provided that designs seek to minimize the extent of impacts to any such areas." 26) Policy 5.3: a) Replace the words in the fourth line "..., the following regulations are applicable,..." with the following: "these Group 5 Policies shall apply and" 27) Policy 5.4: a) Modify the added language in the third line that states "used in evaluating" and replace with: "shall be incorporated into". 28) Policy 5.5: a) (1) Replace added language "protected species "with specific species of special local concern (ssLC) (SSLC's to be defined in the LDC within i-year of adoption of this policy)". This occurs many times within this policy. Begin the introduction language of this policy with a definition of the species of special local concern (SSLC) and use that acronym throughout the policy. b) (1) Replace in third line the word "observed" with the word "utilizi c) (2) (a) (ii) Replace the words "directly observed on" with "utiliz' d) (2) (a) (ii) (a) remove the reference to "parks" in the parent 29) Policy 5.6:. .. .\!~!L a) (3)(f)(lv) End sentence after the word "mitigation". Delete- remaining sentence after the word "...may..." add 30) Policy 5.7: a) Strengthen outdoor lighting language. Ad date of this policy, LDC regulations shall modeled from the Dark Sky (www. sky. "Outdoor lighting shall be reaso !lj,S ~.()VERLAY Preface Section 2 of this Report includes the full RLSA Overlay Program as evaluated. The Review Committee determined that most of the policies in the RLSA Overlay did not require an amendment so often took action to "leave policy unchanged." Those policies that were amended, including those set forth in Section 1, and those with minor language corrections, are shown below with stFihe thrsugh and underlines. In addition to all RLSA text, the following are attached with recom~th4!a,mendments. );. Stewardship Overlay Map );. Attaclunent A - Stewardship Credit Worksheet );. Attachment B - Land Use Layers Matrix >- Attachment C - Stewardship Receiving A;r.~ara~t.L The RLSA overl~v R~~~:,,~~~eil'Amen.~!.illints ~;lli~~eC~:;'~;d::eak:e:::~D~.. ~.'e. !~.'.s.!j: t. b~""I~n.~:\ilM~!.Iil~~~s nr residents and property owners witbin the Immokal "A Hill' ,boWWdary of the Collier County Rural and Agricultural Area'I~~~es~" l~"Colli' County's goal is to pt'6feet U!!in land for agricultural activities~ I ' '." , 't) ~""ii'" ompatible uses away from wetlands and upland habitat, t .'i_f'l' re habitat connectivity, to enable the conversion of ruralla. ~iMMip~h.. !iI%,!e. s.. .in priate locations, to discourage urban sprawl, and to encolljllll!~I"~l\~~!.'opib~~t. that ..- emolovs creative land use planning techniq*s and thr6~~h -tWeJuse of established incentives. Q~J;e~tiv ~commeDd~~ amendment} _ rr8!1fl1eet t l,d7sc,g~ed above, Collier County's objective is to create an incentive based land use overlay 1WIt'llhl!rein referred to as the Collier County Rural Lands Stewardship Area I o.....ve.r1ay, b."'....!.~.,:.d on the principles of rural land st.ewardshiP as defined in Chapter 163.3177(11), " ,F.S. The p~ ies that will implement this Goal and Objective are set forth below in groups rc;J~ting to e.~ aspect of the Goal. Group I policies describe the structure and organization of the Cb-TU~i~~~nty Rural Lands Stewardship Area Overlay. Group 2 policies relate to agriculture. Group 3 policies relate to natural resource protection, ftftd" Group 4 policies relate to conversion of land to other uses and economic diversification. Group 5 are regulatory policies that ensure that land that is not voluntarily included in the Overlay by its owners shall nonetheless meet the minimum requirements of the Final Order pertaining to natural resource protection. I" Group 1 - General purpose and structure of the Collier County Rural Lands Stewardship Area Overlay Policy 1.1 To promote a dynamic balance of land uses in the Collier County Rural Lands Stewardship Area (RLSA) that collectively contribute.2 to a viable agricultural industry, protect.2 natural resources, 11 P age and enhance~ economic prosperity and diversification, Collier County hereby establishes the Rural Lands Stewardship Area Overlay (Overlay). The Overlay was created through a collaborative community::based planning process involving county residents, area property owners, and representatives of community and governmental organizations under the direction of a citizen oversight committee. Policy 1.2 The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to low-density smgle use development, and provides a system of compensation to private property owners for the eliminatiol1.of certain land uses in order to protect natural resources and viable agriculture in exchang7.KOt', " !, transferable credits that can be used to entitle such compact development. The strategies~Cij!l], are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter J:~~(3177UI) F.S. The Overlay includes innovative and incentive based tools, techniques and,~trategies thl:,a~.e not dependent on a regulatory approach, but will complement existing local, regi~~al, state ail\:t :~~:?eral regulatory programs. J~ : ii,i""I,,> :"!'I Policy 1.3)1'[1 'Lh'l ,I ,:'1:,,111(1':11, This Overlay to the Future Land Use Map ~.j,;,,~ ,""icted on ti\'.'~':;lew,ardShiP Overlay Map (Overlay Map) and applies to rural designated lands::t~~:d wiM1!n the r" ,.okalee Area Study boundary of the Co~lier ~ounty Ru~aI, and ~gricultural~~a ~,Ii~ssme~t re ~ed to in the St~te of Florida AdmmlstratlOn ComrmsslOn Flllal No: ;.~!lt,.;99-002. JJbe RLSA generally mc1udes rural lands in northeast Collier co, unty . h" and" ~~~,Of,,~~'~~n Gate Estates, north of the Florida P~nther National Wildlife Re,fu, , " ,,(;;;, '~,'l' ',F".e, ss ',' ItJ,Hitlal Preserve, south of the Lee ~ounty Lme, and south and west 9f t I~'i !" Ll e, and mc1udes a total of approximately 195,846 acres, of which apl!#ox,ima ,334, " es is pnvately owned. The Overlay Map is an ado~ted overlay to the Futu'r~'~J;fl~:,use fr{,~!~~,~' M). Pohcy 1.4 :!1:',; I;, i Except as pro~i,~e~,~~:I~'I~ii~'i' there shall be no change to the underlying density and intensity ?,filP~fWi1ij;~", f land within the RLSA, as set forth in the Baseline Standards, as defined i~Hipolicy 1.5;1 :;,~nl ,;~nd until a property owner elects to utilize the provisions of the Steward~~~p Credit SY~'~ . ItIJis the intent of the Overlay that a property owner will be compensa~f1 for the vo'q~tary stewardship and protection of important agricultural and natural ~~j;t~~es. "i~,9,lTlpensati~n: to the property owner shall occur through one of the following ; :d1'mec~a~sms:I~~~..,~ transfer o.f Stewardship Credits, acquisition.o.f.conservation e.asements, ;ii',' acqUISItion ;~f less than fee Interest m the land, or through other acqUiSItIOn of land or mterest m 1 i,l land throug~.;a willing seller program. '''IL, I>i '11; .!! ;~;fi;~~i:~~~~t~~~commended amendment) As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP- Growth ManaQ"ement Plan (GMP), Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that ewftef5 owne.r's consent. 2lPage Policy 1.6 (recommended amendment) Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in pennanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which acknowledges the property owner's request for such designation and assigns Stewardship Credits or other compensation to the owner for such designation. Collier County will update the Overlay Map to delineate the boundaries of each approved SSA. Designation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the atJ9pted Overlay Map during the ~AR based amendment process whe~ it p.eriodically occurs.;:~i~t,~w~rdship .S~ndinll Area Credit Agreement shall be developed that Identifies those allowab~ reS]d~tlal densIttes and other land uses which remain. Once land is designated as a SSA a~Credits orioIDer compensation is granted to the owner, no increase in denSity or additional usij! IHospecified !i~:,the Stewardship Sendinll Area Credit Agreement shall be allowed on propel1Yl;ynless the S~~ is tenninated as Drovided elsewhere herein. 'I! i,"11 i, init:J,i: roval of a Stewardshi Sendin shed for a i enn of five ears "Conditional Easel t. The Conditional Period ma be :! ' vidin written notice to the Coun 'Ions and restrictions of the Stewardshi conditions inc din a I a ernent full force throu out the Conditional Period. If e followin events occur then the Conditional Stewardshio Easement which shall be finaJ., "the terms set forth therein: Policv 1.6.1 (recommended new policy) Notwithstandin an rovision herein to th Area "$SA" the Stewardshi Easement Period" and shall be deemed a extended for one additional rior to the ex ir ti n of the Easem t related to nain obli ations of the owner of at an time durin the Co Stewardshi Ease sh etual and non-r I. m the Save been assi ed to entitle an aooroved Stewardshio and the SRA has received all necessa final and non-a ealable or other discretion a rovals necess to commence subd vision lat and site develo ment Ian a roval but not b ildin ;' Credits from the SSA have been assi ed to more than one SRA then the overnmental final and non-a ealable develo ment orders ennits or other disc'r "' _ _ ovals necessa to commence construdion of any SRA shall automaticallv cause tbe Cond-itional Stewardshio Easement to_become a Pennanent Stewardshin Easement: 'I, of the SSA lands h sold or transferred an Stewardshi Credits to another erson or ludin a Stewardshi Credit Trust as described in Polic 1.20 the c10sin has occurred e owner has received the consideration due from such sale or transfer but not exoresslv excludinl!: (a) a sale or transfer of the Stewardshio Credits ancillarv to the sale or transfer of the unda-lvinp fee title to the land or (b) instances where a landowner establishes an SSA for a soecific SRA whether the SRA is owned or develoned bv a sroarate or related entity. and the Stewardshio Credits are transferred as roouired bv the Growth ManaQement Plan or Land Develooment Code for SRA aoorova!; or 31Page 3. The owner of the SSA lands has received in exchang:e for the creation of the Stewardshin Easement Ag:reement other comoensation from local. state. federal or nrivate revenues (collectivelv the "Events"). The LDC shall snecifv how. assuming: a Notice of Termination (as hereafter described) has not been recorded. the Conditional Stewardshin Easement shall automaticallv conva1 to a Pennanent Stewardshio Easement unon the earliest to occur of (a) any of the foreg:oing: Events during: the Conditional Period. or (b) 180 davs after the last dav of the Conditional Period as and to the extent extended hereunder. In the event that none of the foreg:oiol! events has occurred durin!! the Conditional Period then the owner of the SSA lands mav within 180 daxs after the last day of the Conditional Period tenninate the Conditional Stewardshin Easem . . recordin a Notice of Termination. In addition if a challen e and/or a eal of a evelo ment order ennit or other discretionarv anDToval is filed. the owner_of the 5S a elect to extend the Conditional Period until the challent;!e or anneal is finally resolved. . hall en e or a eal is not resolved such that the construction a c mmence undeti s ace ta to the owner of the SSA lands. the owner of the SSA lands may within 180 of the tirua iP osition of the challeng:e or anneal record a Notice of Terminati U on ill rdin 0 '[.such Notice of Termination the Stewardshi Easement A cement! tewardshi S din Area Credit Al!reement shall exnire and t 'nate te ated b the SSA shall cease to exist the ri ts and obli ation i i1h in th' wardshi shall no Ion er constitute an encumbrance on the r, . and e S ~ Memorandum shaH be revised according:lv. The Qy.rner of the SSA land: a conv ofithe Notice of Tenmnation to the County. In the event that the Stewards ovals but none of the 1'0 Notice of Termination credits from the SSA another sou ce and suc Notice of Tenn' ofTennination. ~'been used to obtain one or more SRA durin the Conditional Period then the of an SRAs that have been assi cd obtained sufficient Stewardshi Credits from av een a Ii to the SRA. I e event that a the ownel' of the S lands shall 'oin in the Notice aI Stewardshi Easement is tenninated all benefits rig:hts. nrivileg:es. iated with e SSA shall be null and void and the la d shall classificati free and cI r of an cumbrance from the Easement and SSA Credit A rcement. If r uested b the owner of the and the other rantces under the Stewardshi Easement A eement elease and termination of easement and credit a cements for recordin in the u 'c ci within 15 da s of r uest from the owner of the SSA lands. Collier Coun shall uri~e the oVf2"lav man to reflect the tennination of any SSA or SRA. 1,(This o~dv shall be imDlemented in the LDC within 12 months after adootion hereof. "'iHlUi\if For SSA's aDDroved Drior to this Policv 1.6,1 beino adoDted but have not chanaed- ownershio in whole or Dart since the creation of the SSA and have not transferred. sold or utilized credits aenerated from the SSA the orooertv owner may withdraw the SSA desianation orovided an 8oolication for such withdrawal is imolemented within 6 months of the adoDtion of this Policv 1,6,1, 41 Page ( Formatted: Indent: Left: 0.5", First line: o~ The natural resource value of I Resource Index (Index) set fort resource value by objectively I index factor based on each:~~ara land. Both the characteristi't!lIlY.~e and analysis of detailed inform'~ so that developm be characteristics meas Species Hal~~ffl!rp~9jrsl Policy l.~" ' !: :. '<;,!1 A Natu~J Resource hi~X Map Series (Index Map Series) indicates the Natural Resource Stte~ardshin!;,Index valu~,'for all land withm the RLSA. Credits from any lands designated as I; ;SSJ.\!~l'will ti~I~~ed u~,~ th~ ~atural Resource Index v~lues in effect at ~he time of desi~ation. 1- Any change Iil,th~i<Phliractenstlcs of land due to alteratIOn of the land pnor to the establIshment 1:" O..f,....,a.,..ssA tl1..~..;,:,.."., either increases or decreases any Index Factor will result in an adjustment of the : liJact.or value :::,nd a corresponding adjustment in the credit value. The Index and the Index Map jl!kries are a ~pted as a part of the RLSA Overlay. Pofi~~!,)jjj :1 In SSAs, the greater the number of uses eliminated from the property, and the higher the natural resource value of the land, the higher the priority for protection, the greater the level of Credits that are generated from such lands, and therefore the greater the incentive to participate in the Stewardship Credit System and protect the natural resources of the land. Policy 1.7 (recommended amendment) The range of Stewardship Credit Values is hereby established using the specific methodology set forth on the Stewardship Credit Worksheet (Worksheet), incorporated_herein as Attachment A. This methodology and related procedures for SSA designation will also be adopted as part of the Stewardship Overlay District in the Collier County Land DevelopT1jl~nt Code (LDC). Such procedures shall include but 00 not be limited to the following: (l)~.l~ Credit transfers shall be recorded with the Collier County Clerk of Courts; (2) a covenant?~jp~!etual restrictive easement shall also be recorded for each SSA, shall run with the land 8pl:f sh~I!,,~e in favor of CollIer County and the Florida Fish and Wildlife conservatJ~ commiS~i D~::m: :: B8\'irslh.le8tal Prsteetis8, DeJ'IaFtme8t .sf .\grieulture a8!i.(!! tJ6,Uffier S -;. :"t' h ri 'Vater MaRagl!Jmf!8t DistFiet, Sf a reeegmzf!a statewiele Janel tRist;l:. e artm_ n(' ,E~yironmental Protection De rtment of A .culture and Consume. S ul "rid"a Water Mana ernent District or a recoQ:nized statewide land trust_app, (3 ___ -~ls~rh~, Stewardship Sendinl! Area Credit Agreement will identify the s~~nc Ian ~nagemen !~easures that will be undertaken and the party responsible for s~0~,measur~~"1 ,1::11 Policy 1.8 '1 :! i""_,,j:', i_n tlli!ji SA is l~sured by the Stewardship Natural the'\VorM~i',"dex established the relative natural iilaracteristics of land and assigning an ofthese six factors is the index value for the assigned thereto were established after review o~l:~~ ral resource attributes of land within the RLSA tea,ii~ I ay from important natural resources. The six 'p Overlay Designation, Sending Area Proximity, Listed storation Potential, and Land Use/Land Cover. Formatted: Font: (Default) Times New Roman, Not Strikethrough Policy I,ll The Land Use Matrix. Attachment B, lists uses and activities allowed under the A, Rural Agricultural Zoning District within the Overlay. These uses are grouped together in one of eight separate layers in the Matrix. Each layer is discrete and shall be removed sequentially and 5lPage cumulatively in the order presented in the Matrix, starting with the residential layer (layer one) and ending with the conservation layer (layer eight). If a layer is removed, all uses and activities in that layer are eliminated and are no longer available. Each layer is assigned a percentage of a base credit in the Worksheet. The assigned percentage for each layer to be removed is added together and then multiplied by the Index value on a per acre basis to arrive at a total Stewardship Credit Value of the land being designated as a SSA. Policy 1.12 Credits can be transferred only to lands within the RLSA that meet the defined suitability_criteria and standards set forth in Group 4 Policies. Such lands shall be known Stewardship Receiving Areas or SRAs. I' Policy I.B:,..:,;.;'!'!I;+, The procedures for the establishment and trans",f~~ of '!a,.in:~!'~~'i~ignation are set forth herein and will also be adopted as a part of~;$'t~wardship ,';ftrict in the tDC (District). tDRs creating the District will be adopted wit~llbne (l)'I~ar ir&~I:,the effective date of this Plan amendment. 't.I' ,j!' i ,I " Policy 1.14 (recommended amen~"..~j.; , Stewardship Credits will.be exch~~:'~ed, f~.r,' .~ a SRA on a per acre baSIS, ,as de~; f.1.b~l";! will thereafter differ from t~ Bas illl~lan shall not require a GMP Ame~ent. Ii', Policy I.IS ',:llh!L,:11111:1""::;;V" Land becomes desig~fced a~ ~ti1;~il~pon the adoption of a resolution by the Collier County Board of ~~f~~~~W~?ners (BCt) approving the petitIOn by the property owner seeking such desi~~'fion. A'rilt:)~ha~i~ the residential density or non-residential intensity of land use on a parceli#f land 10catC1d:iwitWu:'a SRA shall be specified in the resolution reflecting the total ,n,u,.m. b, er ~!Il.ransferable <ttedits assigned to the parcel of land. Density and intensity within the lUiPr~, or ~t~bin an SRAdshall not be increased beyond the Baseline Standards except through the iPtkovi~ions ofl~~:,~J~;:yPdship Credit System, the Affordable-workforce Housing Density Bonus as referenced iri ttielDensity Rating System of the FLUE, and the density and intensity blending Ii provision ottkh,e Immokalee Area Master Plan. Ii 11, 'Jn~licy 1.1611' ~ft~~JMI'-IReceiving Areas will accommodate uses that utilize creative land use planning techril~'&b:s and Credits shall be used to facilitate the implementation of innovative and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J~5.006(5)(1). ", dq~' ..,;,i::' i ,- it.: , ii~~htial or non-residential entitlements in . .'ill. Stewardship density and intensity The assignment or use of Stewardship Credits Policy 1.17 Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. Policy 1.18 61 Page A blend of Local, State, Federal and private revenues, such as but not limited to Florida Forever, Federal and State conservation and stewardship programs, foundation grants, private conservation organizations, local option taxes, general county revenues, and other monies can augment the Stewardship program through the acquisition of conservation easements, Credits, or land that is identified as the highest priority for natural resource protection, including, but is not limited to, areas identified on the Overlay Map as Flow way Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), Water Retention Areas (WRA.s) and land within the Big Cypress Area of Critical State Concern (ACSC). Policy 1.19 All local land or easement acquisition programs that are intended, ,FO':'work within the RLSA Overlay shall be based upon a willing participant/seller approacnjJtii(j, not the intent of Collier County to use eminent domain acquisition within this system. i!" "'1 ~~~~~:~~r~ ~~;c:I~~t8tos~~~~r~h;~:~~t:;~:~i~~,I~~~~~~h :s~~;w~~~;~; Credit Trust to receive and hold Credits un;l~'j~, I, ch tim,~,;~s di~~,,~e sold, transferred or otherwise used to implement uses within Stewardship!~ceivi'1'Il111reas. "', !iiL","j( Policy 1.21(recommended amen ~nt)l: ':';"'H~ The incentive based Stewardshi 'edit system n~~t*, PR~ projected demand for Credits As ~ the primary basis for pennane ct~NlIfi;I'c ~al I ds flowways, habItats and water retention areas. The Count~!'f,~coY'R'~F ther ay be a lack of significant demand for Credits in the early years of implerri~l1.'tion, and also r gnizes that a public benefit would be realized by the early designat!~n of SSA!S.j:l"TO ~fflii s Issue and to promote the protection of natural resources, the impl~' PHM~ /l~f ~, ,.P'.lve, rl'a)/'will include an early entry bonus to encourage the voluntary establishrri ~~~_flffll~in the RLSA. The bonus shall be in the fonn of an additional 9~Rj,~f~I1N;~r redit pe~ acre of land designated as a HSA located outside of the ACSC al' f~'ne-halfii!~, " Credit per acre of land designated as HSA located inside the .A,..".,.,c.,'.s..c.,',. i'.h..,.,.e ,earlY en .,.',.i.,b,,~n~:;sh~ll be avai~able for five years from th: eff~ctJve date of the adoption: f the Stewar~hlp CredIt System III the LDC. The early deSignation of SSAs, and r~~l:4ting I '~tection of ffowways, habitats, and Water retention areas does not require the I;, ~st~1)~ishm~l\t,1o.f.~RA~lntotherwise require the early use of Credits, and Credits generated under ,I the early entr9i'ijbl\tI~:'fuay be used after the termination of the bonus penod. The maximum I,i:! n, umber of<i:~~edits that can be generated under the bonus is 27,000 Credits, and such Credits shall rot be trans{,4i*"ed into or used within the ACSC. ~dl~H~fJlli~;~commended amendment) The RLSA Overlay was designed to be a long-term strategic plan with a planning horizon Year of 2025. Many of the tools, techniques and strategies of the Overlay are new, Innovative, incentive based, and have yet to be tested in actual implementation. A comprehensive review of the Overlay shall be prepared for and reviewed by Collier County and the Department of Community Affairs liJ'lElfl the fi.e ) ear ai~l::i'. ersaf) sf the a.elsj:ltisR eftks Ste..ardshij:l DistFiet in the LDC. ~ Dart of the Evaluation and Aovraisal ReDoct process. The purpose of the review shall be to assess the participation in and effectiveness of the Overlay implementation in meeting the Goal, Objective and Policies set forth herein. The specific measures of review shall be as follows: 1. The amount and location of land designated as FSAs, HSAs, WRAs and other SSAs. 2. The amount and location of land designated as SRAs. 7lPage 3. The number of Stewardship Credits generated, assigned or held for future use. 4. A comparison of the amount, location and type of Agriculture that existed at the time ofa Study and time of review. 5. The amount, location and type of land converted to non-agricultural use with and without participation in the Stewardship Credit System since its adoption. 6. The extent and use of funding provided by Collier County and other sources Local, State, Federal and private revenues described in Policy 1.18. 7. The amount, location and type of restoration through participation in the Stewardship Credit System since its adoption. 8. The potential for use of Credits in urban areas. Group 2 - Policies to IlfKI retain land for a rieult r activities throu the use of:' b 12 continue the viability of agricultural production throug~~he Collie Stewardship Area Overlay. (Recommended amendment) I~ ') ihi ~ , I i il'iII1!'lliilill.' .1'111'li' Policy 2.1 (recommended amendment) . 'j":: . if'l! . . 'iHll!~II'JiiijJ; Agriculturftl landowners will be ~rovided~ f\ ;' ,I EeA,ersiaH ta ether I:Ises BY ereatiHg incen~'~" tha.t.."e~~our "}h"e voluntary elimination of the property owner's right to convert agric~,:,'"e lanJilrll.O" non-a~ultural uses in exchange for compensation as described in Policies 1.4 an .., '.~~fid by the e~tablishment of SRAs. as the f-efffl . ." ,cr." . d ince 'ves in order ~~nty Rural Lands J! WI""""'" ",' Policy 2,2 (recom~t"', ,'dl~:m~UIII~Ull, AgriCUltur~lln!llij~ot-!tm thr~Wie use of Stewardship Credits shall be designated as Stewards;IfISendil\~l~feas~~SAs) as described in Policy 1.6. The protection measures for SSAs are set f*,h in Policie'~i~ii6, (i}Ll.Q, and 1.17. In ad.ditio? to D~o~ectinl! amculture activi~i~s in SSAs WI n FSA HSA';'and WRA as further descnbed III PoiLcles 3.1 3.2 and 3.3 additIonal i tiveS e desired to tain a 'culture within 0 en Lands as an alte~ative to conversion of ;ild" ;iMnds' Bas ,.., Standards as described in Polic 1.5. en Lands are those lands not desilmated ssX l~,.: RA. HSA FSA. or Dubhe lands on the Rural Lands Stewardshio Area Overlav M~ DeeR LaAes are these laRtls deseFihed iR Pelie\ 1.2, Therefore. in lieu ofusinl! the atural Re fce Index on land desillnated Onen these lands shall be assilmed two (2.0) wardshi redits er acre outside of the Area of Critical State Concern ( ACSC). and two and siX1' i' ~I' 2.6 Credits er acre within t e ACSC en Lan determine t be rima oanther habitat. All non-al?riculture uses shall be removed and the remainim! uses are limited to allriculture Land Use Levels 5 6 and 7 on the Land Use Matrix. Each laver is discreet and shall be removed seauentially and cumulatively in the order oresented in the Matrix. If a laver is removed. all uses and activities in that laver are eliminated and no lonl!er available. FolIowiOlZ aODfoval of an Alrricultural SSA. Collier County shall uodate the RLSA Zoning: Overlav District MaD to delineate the 1:::!oundaries of the Al!ricultural SSA. 'alie) 2.2 (ret8l1Ulluded deleti6B)policv 2.3 8lPage ( Formatted: Not Strikethrough J HTitmA eRe (1) )ear rfsm ilie effeeti..s aate sf tRese amsABmsAts, Cellier C8\:lAt) -will estal9lisk 8A .\gFiel:duue Aa.is6l)' CSlineil eampFisea sf net less thsa f.i e Aer mere than niRs 8)3)3eiRtea Hlflresentati, as sf the Bgriel:lltuFa inaustry, ta aa, iS0 ilie BCC 08 matters rslating ta ,\g'Fieulh:lfe. The :\.grieultHfe l.a,isef) CsuAeil (:\..\C) 'OilI . Sf);: ts ideRtif) 8)3)3afttimaes &fl6 )3TeJ3are stffitsgies ta eRk8Bse Slid prsmste the eefttiRl:IBReS, en)3sfl.sisB ana di, efsif.iestisR ef sg'Fieulttu8 iA Cellier CSl:lflt). The ,~.l.C ..ill alsa identii) 19affiers ta the eafttiooaaee, eJij3aRSis8 !lBd di. ersifieaHsA sf the 8gfieultural iRt:h:lstf) aHa ill pTtlflare reeemmeAsatisRs ta eliA.iRate ar miRimiz:e sueh llaffier3 iB Cellier Cel:lflt). The A,\C ..ill alse assess "hether elleertisns frem staR8afflS fsr susiness uses related ta agrieulrure skeuld ss aile.. sa Hader an asministrati\ e peARit flreesss aRd ma);:e reeemmsndatisRs te the BCe. Wi one I fi he ffi tiv te of th establish an A 'culture Adviso Council c III nnseJ of not I a i t r r n ive f the I st t Allriculture. The A~culture Advisorv Council A wit oreoare stratellies to enhance and orornote the cantin a lture in Collier Coun . The AAC will al id and iver ification of the a 'cultural indust wil minimize such barriers in Collier Count . T C wi standa s for business uses related to a re s Id ermit rocess and make recommendatio B lIier will e nor more than nine elatin niti s rsification of cantin nce ex sian ations to eliminate or ether exceotions from under an administrative ".1;' P8Iit~J 1.1 (r.eeoRlRl.nded deleti~~h: 2.t'r':ji!:; j;yii:' . . . . ~;:)~;:;=~~Si~~~:~l:.~~;~~::l; aetl.ltles. ti( '"dl" .- of !h~ _ AAC and f?~ilitate the imole!TIentation of b the ACC that are detennined to be a 1'0 riate. The DC that im lernent oolicies that suooort alZriculture The BCC will co strate . e nd recom Bee ma activities.,,;, r,qfj~~ 2.~i~(recomme~ed amendment) ij:"a[i~~lture l$h~,im~~~t aspect of Collier County's quality of life and economic well-being. : :,'1 Agricultural adfl~tiW5" ~hall be protected from duplicative regulation as provided by the Florida " Right-to-Fal!\l Act. ',; ;J, i-Hi jifl~cy 2.0- j:~lrecommended amendment) iJ8~Ui"~l!:~v:fcIing the special provisions of Policies 3.9 and 3.10, nothing herein or in the implementing LDRs, shall restrict lawful agricultural activities on lands within the RLSA that have not been placed into the Stewardship program. Group 3 - Policies to protect water quality and quantity and maintain the natural water regime, as well as listed animal and plant species and their habitats by directing incompatible uses away from wetlands and upland habitat through the establishment of Flow way Stewardship Areas, Habitat Stewardship Areas, and Water Retention Areas, where lands are voluntarily included in the Rural Lands Stewardship Area program. 9lPage I Formatted: Not Strikethrough J I Formatted: Not Strikethrough Policy 3.1 Protection of water quality and quantity, and the maintenance of the natural water regime shall occur through the establishment of Flowway Stewardship Areas (FSAs), as SSAs within the RLSA Overlay. FSAs are delineated on the Overlay Map and contain approximately 31,100 acres. FSAs are primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. These lands form the primal)' wetland flowway systems in the RLSA. The Overlay provides an incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated FSAs are comparable in terms of their natural resource value; therefore the index shall be used to differFPtiate higher value from lower value lands for the purpose of Overlay implementation. AnaIY~ls'6f the Index Map Series shows that FSA lands score within a range of 0.7 to 2.4; approxiHi~t~lx 96% score greater than 1.2 while 4% score 1.2 or less. The average Index score of FSA Ia:~tlls 1 :8. ;; Policy 3.2 (recommended amendment) ili Listed animal and plant species and their habitats shal rough the'~stablishment of Habitat Stewardship Areas (HSAs), as SSAs within t HSAs are delineated on the Overlay Map and contain approximately ~ are privately owned agricultural areas, which include both areas~~:fJV'natural C ,1l;?teristics at make them suitable habitat for listed species and areas witho~~:. ..,se char"terisdb~1hThese latter areas are included because they are located contiguous to hall ,il@r to, '~" form a cbntinuum of landscape that can augment habitat values. The Overla)':::w?vid~~I; I' entive ,~"permanently protect HSAs by the creation and transfer of Credits, ,I/~!~Ii;fig in I' "'on of incompat.ible uses and the establishment of protection mea~rres desc . 1 Policies. Not all lands within the delineated HSAs are comparable!:,'.. value; therefore the mdex shall be used to different.iate higher vail~'I~~, m. "', u for th,e purpose of Overlay implementation. Analysis of the Index Map Se, shows that ds score within a range of 0,6 to 2.2. There are approxlmately.~ ~:, adl:_t", eared agncultural fields located in HSAs. The average Index sco~:I~~_. 1 :;';wa'~~ignated lands is 1.3, however, the average index score of the naturally vegetate~l.~~as '",Itf.~1i:JIl!~s is 1.5. , I": i : ~ i :' ~ i "i 'I; , Policy 3.~ ~., P~~~tion for s~ace water quality and quantity shall be through the establishment of ;1;fW'ai'~rRetertfi~rfh~~~tri(~RAs), as SSAs Within the RLSA Overlay. WRAs are delineated on the 'F' Overlay Maj" an~ '&!ltitain approximately 18,200 acres. WRAs are privately owned lands that have 'i" been permit ,:1 by the South Florida Water Management District to function as agricultural water Il;~et"en,ti,o, n ar, ,:" In many instances, these WRAs consist of native wetland or upland vegetation; in ~~ C~~;\i~J . ey a~e excavated water bodies or may contain exoti.c vegetation. The Over~ay pro\il~:!<~h incentIve to permanently protect WRAs by the creahon and transfer of Credits, elimination of incompatible uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the delineated WRAs are comparable in terms of their natural resource value; therefore the index shall be used to differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that WRA lands score within a range of 0.6 to 2.4; approximately 74% score greater than 1.2 while 26% score 1.2 or less. The average Index score ofWRA land is 1.5, Policy 3.4 10 I P age Public and private conservation areas exist in the RLSA and serve to protect natural resources. Corkscrew Marsh and Okaloacoochee Slough State Forest include approximately 13,500 acres. Analysis shows that they score within an Index range of 0.0 to 2.2; with an average Index score of 1.5. Because these existing public areas, and any private conservation areas, are already protected, they are not delineated as SSAs and are not eligible to generate Credits, but do serve an important role in meeting the Goal of the RLSA. Policy 3.5 Residential uses, General Conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in J;i"SAs in exchange for compensation to the property owner as described in Policy 3.8. Condi~iHrial use essential services and governmental essential services, other than those necessary :~,iSm:;ve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Res~e Sl~W~rdship Index value of 1.2 or less. Where practicable, directional-drilling techniq~es and/orl!~~~,viOuslY cleared or disturbed areas shall be utilized for oil and gas extraction in F . order to' ~~j~ize impacts to native habitats. Other layers may also be eliminated at the of the p'1(jperty owner 10 exchange for compensation. The elimination of the shall not preclude the excavation of lakes or other water bodies if s~,* u ..Ii of a restoration or mitigation program within a FSA. I' ,'I' " Policy 3.6 ;::1 Residential Land Uses hsted 10 the Matnx s~ Areas 10 exchange for compensa[;li i\)1,ne p t layers may also be ehmmated at ~ I election of t I 11'11 "'I', I Policy 3.7 (recommeoded'fmlen _~ ~" General Conditional Uses, "l!1i p MInIng and I cessmg Uses, and Recreational Uses shall be allow~~ only on HSA lands . ~f~h" ource St~wards~lp Index value of I 2 or less Conditional use eS.1Mf~lf.es gove~lliriental essential serVices, other than those necessary to serve permitted JJ~:Jor1lrofji fety, shall only be allowed in HSAs with a Natural Resource SM=~ . , 0- !If. value 0 . or less. Asphaltic and concrete batch making plants are pro, hibite~',:IJih all . ! "w~ere practicable, directional-dolling techniques and/or previously cleared Q. disturbed ., sKiu be utilized for all and gas Extraction in HSAs in order to m,m.,im, ize(mpacts to nat,k\',.e habitats. In ad, dition to the requirements imposed in the LDC for .afm~Q,~al ~~ ,a Conditio~1 Use, such uses will only be approved upon submittal of an HS- IEtlJ\iltbnmen act tement Em which demonstrates that clearing of native vegetation has r' been minimiz' 'tti~rllse will not significantly and adversely impact listed species and their II,., habitats and:,~e use will not significantly and adversely impact aquifers. As an alternative to the . foregoing, t$ applicant may demonstrate that such use is an integral part of an approved ~~~()ra,tio~A~Jmitigation program. Golf Course design, construction, and operation in any HSA sH~UI~ly with the best management practices of Audubon International's Gold Program and the Florida Department of Environmental Protection. Compliance with the following standards shall be considered by Collier County as meeting the requirement for minimization of impact: . Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. . Areas previously cleared shall be used preferentially to native vegetated areas. . Buffering to Conservation Land shall comply with Policy 4.13. i ~(t ehmmat~ III Habttat Stewardship Sendmg ow1}~ I~IS descnbed In Pohcy 3 8 Other lowner 10 exchange for compensation Policy 3.8 Compensation to the property owner may occur through one or more of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, 11lPage acquisition of less than fee interest in the land, or through other acquisition ofland or interest in land through a willing seller program. Policy 3.9 (recommended amendment) I. Agriculture will continue to be a permitted use and its supporting activities will continue to be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture Group classifications described in the Matrix. The Ag I group includes row crops, citrus, specialty farms, horticulture, plant nurse,ries, improved pastures for grazing and ranching, aquaculture rJimited to ODen Land desilmation onlvl and similar activities, including related agricultural support uses. In existing Ag I areas within ,F!;iAs and HSAs, all such activities are permitted to continue, and may convert from,p~e' type of Agriculture to another and expand to the limits allowed by applicable Pierttl,ts. Once the Stewardship Credit System is utilized and an owner receives compensEl.tl6n a!'l'qrFviously described, no further expansion of Ag I will be allowed in FSA~ and HSAW)?eyond existing or permitted limits within property subject to a credit tran~~fr except foHtqcidental clearing as set forth in Paragraph 2 below. ' l; . 2. In order to encourage viable A~ 1 activ'~iFS,r:~~Jlt~':~~bid~~~~ the .ab.ility to convert from one Ag I use to another, lllclde, ,j~leanng i~iiYll,lo..wed to ~01n e, xlstmg Ag I areas, square up existing farm fields, or Ide ac s to '~l[rom other Ag I areas, provIded that the Ag I land Use Layer ha(.:~~n re .' on the,'~eas to be mcidentally cleared, and the Natural Resource, ,l.n, de~ Va . has.b..e e,.'i'!"? adjusted to reflect the proPos,ed ~~~;~: ~~dl~~~i~~t:~tol,1:~~,f,. t"b. ~, ~:ea 0" ! ~IS,d, ,~~n ~~ec~~~~~~a~~a~n:~~~ta~~I:~~~; impacts lands havin. g all~.~~r~~r;M~\c. e MIj~ Value in excess of t .2, appropriate mitigation shall be<I?'(9,vid~nU'i ~'.+ I", ";Il ";i- ''fli.lll::!' Policy 3.10 ':::':1:, l"I.;" Ag 2 includes uni l~a\it~8:StU~~J~{ grazing and ranching, forestry and similar activities, including re~~.!!.' I support U~es. In existmg Ag 2 areas within FSAs and HSAs, such activitiesi~"pe ',. ,_ ..'Due, and may convert from one type of Agriculture to another and expand t~! the limits' an~we'd:;bY applicable permits. Once the Stewardship Credit System is utilized ~ an owner re:~jves compensation as previously descnbed, no further expansion of Ag ~'Hfj;t?nV~~ion",O,.f.A.g" 2., i~ Ag I will be allowed in FSAs or HSAs beyond existing or permitted i:ir'IMi tSJWithift!:~:(~r:e::r;rn~~ject to a credit transfer. ,I. 1,1:'" Policy 3.Ui(~ecommended amendment) L'iJ)-,- In, certai,n,.,II,.*cations there may be the opporturuty for flow-way or habitat restoration. Examples 11~ude, but ~re not limited to, locations where flow-ways have been constricted or otherwIse im~~"m'~ past activities, or where additional land is needed to enhance wildlife corridors. PFiaFiI:) skalll1e gLen t8 resteratis8 itfiiR tRe Ca~ KeelS StFaRtI FS:\ Sf 8eHtigueu3 I1S.\s. Should a property owner be willing to dedicate land for restoration activities within a FSA or HSA the Cafl.p Keais Stf8.81i FS,A. Sf eSRtig:1;\6t:t3 HSAs, reliT two additional Stewardship Credits shall be assigned for each acre of land so dedicated. ,\8 aliaiti88al t , e Ett.. aniskifl ereaits shall be assigne<J fef eeeb sere ef laml E1edieatetl fef resteratisR aati ities ithiR ether fS:\.s and ns}.s. The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also complete restoration improvements, this shall be rewarded with fetH: additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing 12 I P age said restoration. The additional Credits shall be rewarded for either caracara restoration at 2 Credits oer acre or for exotic controllburnim! at 4 Credits oer acre or for flow wav restoration at 4 Credits oer acre. or for native habitat restoration at 6 Credits oer acre. Within the area orooosed for restoration. Land Use Lavers 1-6 must he removed. The soecific process for assilffiment of additional restoration Credits shall be included in the Stewardshin Disttict of the LDC. 2. In certain locations. as l!enerallv illustrated in the RLSA OverlaLMao. there mav be oooortunities to create restore. and enhance a northern oanther corridor connection and a southern oanther corridor connection. Should a orooertv owner be willinl! to dedicate land for the u ose of establishin and maintainin the northern or southern ant corridor 2 additional Stewardshi Credits shall be assi ed for each acre ofland so dedi .; . Sketlld 8H e.. HeT 81se aefe:- Once an entire corridor m tin minimum cri aria e dedicated as SSA's and res orati n f the en ire Owne s this shall be rewarded wi h 8 additional credits rridor is th land 3. In order to address a sil!nificant loss in Southwest bird fora in habitat restoration of these urn ab Dedication of anv area inside an FSA HS~ be rewarded with 2 additional Credits oer ~ " 'I'!" ,; I ):1. ",;,i."i:<, . Should the landowner successfullv ~~~olettl~i~t~torationJ~nd additional 6 Credits ner acre shall be awarded.('!!'!;""~i. ,iL'!' , " il.'j , shallow _wetland wadin~ .vized in the RLSAO. tland restoration shall OnI one t restoration w se Credits or each acre desi e of restoratio ated for This policy does 11;ot er~~t;:ldf compensatIon for restoration which ~ay be addressed throughii! rtnetsblp agreement such as a developer contnbutlOn agreement or stewar , een the parties involved. Also not oreduded are various rivate and restora rOlZTams such as th~ federal Farm Bill conservation orolITams,,;: e s ,,;;. ~~, for assignment of additional restoration credits shall be included in the Ste~ardship Di tr;~t offtj~ LDC. ,11~}!~:a~I,~~ilil~~a~t~~~~n~~~~~o~~~ie' :n~~~c:;:~' t:a~s:n;~~he~:t~;af~:~~:~:~a:~ ;(,. natural resqqrce protection. To further direct other uses away from and to provide additional :. il :incentive foqitPe protection, enhancement and restoration of the Okaloacoochee Slough and Camp "~ffi~.~s Str, a~dJ'alJ land within 500 feet of the delineated FSAs that comprise the Slough or Strand thal4ii'$:l~dbqherw,se included in a HSA or WRA shall receive the same natural index score (0.6) that a HSA receives if such property is designated as a SSA and retains only agricultural, recreational and/or conservation layers within the matrix. Policy 3.13 (recommended amendment) Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been pennitted for this purpose and will contmue to function for surface water retention, detention, treatment andlor conveyance, in accordance with the South Florida Water Management District (SFWMD) pennits applicable to each WRA. WRAs can also be permitted to provide such functions for new uses of land allowed within the Overlay. WRAs may be incorporated into a SRA master plan to provide water management functions for properties within such SRA, but are not required to be 13lPage ~atted: Indent: Left: 0.75" I designated as a SRA in such instances. However. if the WRA orovides water treatment and retention enehlsi. el' for a SRA. the acrealle of the WRA used as orimarv treatment for water mana2ement for the SRA shall be included in the SRA. WRA boundaries are understood to be approximate and are subject to refinement in accordance with SFWMD permitting. Policy 3.14 During permitting to serve new uses, additions and modifications to WRAs may be required or desired, including but not limited to changes to control elevations, discharge rates, stonn water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with b~~, management practices. Such additions and modifications to WRAs shall be designed to ensu[~d\at there is no net loss of habitat function within the WRAs unless there is compensating miti..M'~pn or restoration in other areas of the Overlay that will provide comparable habitat functjg'h: C~tP~.ensating mitigation or restoration for an impact to a WRA contiguous to the Camp- Keais StHh1<.i, or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slp,ugh. :1, Policv 3 15 (new Dolicv) w' v I n n.n nd uses. Wi hin 1- im I m n f r ut k . r r enhance safetv and security. ,"'" ":'::,,1 Group 4 - Policies to enable CO"\(' :...." .;;;;i~~i Of,r~r,.'"JI~.d,:~~~;;ber uses in appropriate locations, while discouraging urban spr~:: ., aiJ,~r,a, giWi:~~~elopment tbat utilizes creative land use planning techniques I)rrll~,e e " ,0, 1.'lffi~nt"'StewardShiP Receiving Areas. Policy 4.1 'ii?!;" !:'iL:'l;._il::~; Collier County mi!:g~ ,f~~' 0'. facilitate uses that enable economic prosperity and diversification of til)Willil~,: ",I'd' of the RLSA. Collier County will also encourage deve]opmeMh,' 've lan' 'use planning techniques and facilitates a compact form. of develop~'" to ,population growth by the establishment of Stewardship Receivmg Areas (S~s). Incen toe'Qcourage and support the diversification and vitality of the rural economy;~uch as flexi ; development regulations, expedited permitting review, and targeted 5apjm! irr$~:~ements s~, be incorporated into the LDC Stewardship District I ; ii, ij :i1 iJ~ ,il i I Policy 4.2 (~~commeDded amendment) Ii t-.,II..,p,riVate.I,~,!,':l!l~wned lands within the RLSA which meet the criteria set forth herein are e]igible ; (QfI,designi;\~,ijh as a SRA, except land delineated as a FSA, HSA, WRA or land that has been de~~I\~!I~s a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately -14,.WG 72 000 acres outside of the ACSC and aDDfOximatelv ~ 15 000 acres within the ACSC. Total SRA desil!l1ation shall be a maximum creation of 315000 stewardshiD credits sf 13.999 aeres. '~.~flreJ[iffi8tel) 2%, Elf these hu:uis aellie. e liFl lasen seere gi"eater thaR 1.2. Because the Overlay su h II I i n rk k r 141 P age requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional loeational standards nonnally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the flAHeirJes sf the Rural LaHas Ste..aroahifll.et as Ruther aesefi13ea nrocedures set forth herein and the adonted RLSA ZoninQ" Overlav District. Policy 4.3 (recommended amendment) Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such designation and the adoption of a resolution by the Bee granting the designation. The petition shall include a SRA master plan as described in Policy 4.5. Th~':fasis for approval shall be a finding of consistency with the policies of the Overlay, inc1udin~~uired suitability criteria set forth herein, compliance with the LDC Stewardship District,~~;:~,urance that the applicant has acquired or will ac~uire sufficient Stewardship Cre~its to irnPleme~~I; e SRA uses. -Wttkffi imvaets, ana flfS . isisRS for 131:1Blie Reties sf esnsiaeratisFI s) tlie Bee ef sIJeh a aesig'Hatis8. Policy 4.4j h Colher County wlll update the Overlay M~ ,to deh,l~,*e the baiil'gl~anes of each approved SRA Such updates shall not reqUIre an amendm~t~9Ilhe Growth Management Plan, but shall be retroactively mcorporated mto t~'IItd~~d ~fay Ma~ IflBflng the EAR based amendment process when It penodlcally occlt I I , , 11' Policy 4.5 (recommended ',mcri ,~Mt>H,,'1 III Ii I I "~ [!I'll!' To address the specifics of ~I,:-; ;SRA, a master n of each SRA will be prepared and submitted to Collier County as a part . . designation as a SRA. The master plan will demonstrate that t .comp applicable policies of the Overlay and the LDC Stewardship Distri that incompatible land uses are directed away from wetlands a en FSAs and HSAs on the Overlay Map. Te the ell:tent Plan shall se esnsistentc m I with the Countv's then-adooted LRTP the Count Build Out Vision Plan as ma e amended of the Future Trans ortation Element and Access ManalZement Lon R and refe ster Ian shall include a Mana ement Plan with rovisions for minimizin human nteractions. Low intensit land uses e. . assive recreation areas olf ve etation reservation r uirements inc1udin a . culture shall he used to e~ fer areas between wildlife habitat areas and areas dominated b human activities. Consl' eration shall be Q:iven to the most current lruidelines and relllilations on techniaues to reduce human wildlife conflict. The manatZement Dlans shall also reauire the dissemination of infonnation to local residents businesses and 2:ovemmental services about the Dresence of wildlife and DracticesCsuch as aDDroDriate waste disoosal methods) that enable resoonsible coexistence with wildlife while minimizinll ODDortunities for ne2:ative interaction. Policy 4.6 SRA characteristics shall be based upon innovative planning and development strategies referenced in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(l). These planning strategies and 15lPage techniques include urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed~use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. The SRA shall also include a mobility olan that includes esft8ideMtiSR sf vehicular. bicvcle/oedestrian Dub lie transit internal circulators and other modes of travel/movement within and between 5Ms and areas of outside develooment "and land uses. The mobility clan shall QIovide mobilitv stratelries such as bus subsidies route snonsorshin or other incentives which encoura2e the use of mass transit services. The develo ment of SRAs shall also consider the needs iden . in the Countv Build Out Vision Plan and Dlan land uses to accommodate services that W9 iincrease internal canture. and reduce trip lemrth and lonl! distance traveL Such developme~r, ~Pj?~egies are recognized as methods of discouraging urban sprawl~. .encoural!inl! altemlltive m9des of transnortation. increasinl! internal cantore and reducinll vehicle miles travelecJ..il ' Policy 4.7 (recommended amendment) 'I, There are fetIf three specific forms of SRA permittijll~, .,,', .."t~~;.,[;~".;]er,lay. These are Towns, Villages, Hamlets, and Compact Rural Devel en~!l... }i:_l:....acteristics of Towns, Villages, -Hamlets; and CRD are set forth i acbm k~.,c and'~" <, 'enerally described in Policies 4.7.1, 4.7.2, and 4.7.3 &fld ~h' ",' . , .specific regulations, guidelines and standards withi~l~ e LDe dsW ~fPistrict te guide the design and development of SRAs to include innovative' lopment strategies as set forth in Chapter 163.3177 (11), F.S. and ~~~~.!(j06,{5) . . ase density of each form shall be consistent with the standards set,'~~h on A,Jt~ . e maximum base residential density as set forth in Attachment C m~,only J?'~~l:if>>llt~. e gh the density blending process as set forth in density and intensi~~ blerauA~ip\1)visio -, ~f the Immokalee Area Master Plan or through the affordable-work,force h(Hj~~frg denSity, b.on..~~~Ij'~ refere~ce.~ in the Density R.at~n~ System of the Future Land Use. Element.' e b~ll~~~ tlal denSIty IS calculated by dlvldmg the total number of residenti~l~~,jn, ~.. y toe bverall area therem. The base residential density does not restrict net resideHtiM-Ji.'f~ti~i ,rls within a SRA. The location, size and density of each SRA will ~9:'~'~~Wli,ned'~~ian IOdiVI 1'1 basis during the SRA designation review and approval process. . i I ! ,': ..,., ij., Policy 4'1'.1 (recomm~ed amendment) r~;v:ns are::~le largest a~(tmost diverse form of SRA, with a full range of housing types and mix I(~~~S' T~.hav~.~~an level servIces and infrastructure that support development that is ; [." compact, mixed'Juseli,llUman scale, and provides a balance of land uses to reduce automobile trips 11;, and increas~~vability. Towns shall be iWlkLfIM-fess than -I-,OOG I 500 acres and un to 6f-fftefe 'l.i!pJUHl, 1,89B ~OO acres and are comprised of several villages andlor neighborhoods that have 11 ;itp,ividual i,~~tity and character. Towns shall have a mixed-use town center that will serve as a fd88111J?;'ll_m!4ior community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall include an internal mobility Dlan which shall include a transfer station or Dark and ride area that is aDnrooriatelv located within the town to serve the connection ooint for internal and external oubhc transDortation. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, ffi--fH:etie as ~ describeq In Policy ~ 4.15.1. Towns may also include those compatible corporate office research. development comoanies and light industrial uses .;:;uch as those permitted in the Business Park 16lPage and Research and Technology Park Subdistricts of the FLUE. and those included in Policy 4.7.4. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located abutting each other to allow for the sharing of recreational facilities and as Drovided in Policies 4.15.2 and 4.15.3. Design criteria for Towns are ~ included in the LDC Stewardship District. Towns shall not be located within the ACSC. Policy 4.7.2 (recommended amendment) Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be ~Ret-less than 100 acres and un to Sf fR8Fe theft 1,000 acres inside the Area of ~~tical State Concern and UD to flet mare fil8R 1 500 acres outside the Area of Critical St~!i Concern. Villages are comprised of residential neighborhoods and shall include a mixe~1~*Ii,Yillage center to serve as the focal point for the community's support services and facil,it.i~) vlnlk~~ S,h, all be designed to encourage pedestrian and bicycle circulation by includin.g:l!~ inter~dbrrEted sidewalk and pathway system serving all residential neighborhoods. Villages: II have #it~~, or public green spaces within neighborhoods. Villages shall include neighborhoo led retaill~tt office uses, in a ratio as provided in Policy 4.15. A fO riatel sea in Polic 4.7.4 shall also be Dermitted in VilIa1!es. Villages are an approp . te ,ge of schools. To the extent possible, schools and parks shall be loc adjace "ach 0 0 allow for the sharing of recreational facilities. Design criteria fo ges ,llall B tf:, eluded in the LDC Stewardship District. V' i lit I w" I i n fi ti r v'l rv h nn c i n in fi r Folie) 1.:.3 " I ,." '" ~!1",,~~ese~fiflt '.'illage:QF Ta.. fl. ,J .. ii, ;,1 , i;-' ~ : :i:L Policy 4rl,4ii .7.3 (recommended amendment) Ih]>l <!~~~~act.Ri! I Development (CRD) is a form ofSRA that ,.ill j9f8\iae f:leltil9ilit) ..itk respeet Hamde1t ~r Village. shall SUDDort and further Collier Countv's valued attributes of arnculture. natural resources and economic diversity. CRDs shall demonstrate a uniaue set of uses and SUDDort services necessarY to further these attributes within the RLSA. PrimarY CRD uses shall be those associated with and needed to support research education convenience retail tourism or recreation.l~BBf8Bfiatel. sealed eSfflSI8tiele lises elesefi1:leel iR Palie. 4.7.1 me. 8158 he B!FfHittecl ~. A CRD may include, but is not required to have permanent residential housing,. ftfld.-.tfte seBiees afui faeilities (.flat Sl:IppSR pemumeftt fe.sieleflts. jUd_ t11C~ servic_es and f~cilities th~tSUDDort Dennanent residents. The number of residential units shall be eauivalent with the demand lZenerated bv the Drimarv CRn use but shall not exceed the maximum of two units ner ~oss acre. A CRD shall be a maximum size of 100 acres. f.8 e:Lample sf a eRD is aft eestsliRSffi . iIIage tHat 17lpage formatted: Font: Times New Roman, Not Strikethrough ,. sl:da ha. e a uRi(;j,ue set sf uses aRa sUJ3pert sen iees different frem a traditisnal resiaential .illage. It . 8lild eSflteHa transient leaging faeilities aHa serviees 8fI13Fe13Aate ts ees tSHAsta, Imt may flst )'lrs.iae fer the F8age Elf ser.iees that are aeeessaJ) ta sliJ3)'lsft )'lefR'laaeRt residents. Elteel3t as aeseAsed aBs e, a CRD ..ill eenMm. ta the eharasteAstiea sf a Village sr Hamlet as set feRh en AttaeRalent C eased en the size sf the CRD. As resiaeAtial HAits are nst a reqliires use, these gees3 afla sef\ iees tkat sl:lfl)'leR resideRts stleh as retail, eAise, eh ie, ga. effiffiefltal Elfld instirutieflal uses saalI alse nst lie re.EiHired, < like.", SHr, fer an) CRD t:kat €lees iaehu4e )'lBfR'IaRBnt resiaential aeHsing, tas )'lre)'lsFtisftB.te Sl:lPI'SR sef"\iees listed alle.8 shalls!:! pre.iaee in aeeer-eanee v. ith .".UaelHRent C. Te mailltaiR a J'lTeflsrtisfI €If CRDs af ] 00 aeres E1r less ta '/illages ane Te..fls, Ret mere than 5 CRDs sf lOG aeres ar less, in e~19inati8R ..ita lIamlets, mal be aJ'l]3Fs'. ea as 8R}.s )'lAsr te tae 8flJ'lrs .al sf a Village sr Te ,rn,'ana thereafter flet ffiere than 5 ssEiitienal CRDs ef lOG aeres ar less, iR eeml:liRstisn . it~J1atn1~ts, me) Be apflFe,ea fer saeh Sl:l.l:lseEJ.lient '.Tillage sr Te ^R. There saall be FIe mere tha...,~ltR:tj~'~rffi8re than 199 aeres ~.( T() m~in!ain orti n f CRDs of to a r r I 0 ViII I" Towns n t m re th n s f 100 acre or e s e v f Viii or Town and thereafter not more than 5 additional RD f 100 are a' ';a roved r to ~e~ch_ subsequent ViIlalle or Towfi. 'I 5 ) eaF5 flUfS1iBnt tEl Velie) 1.22. Policv 4.7,4 (.-ecommended new policy) Existin urban areas Towns and Villa within the RLSA to further romote econ and 'ob creation. ,T, I.." "Ii]: II~il'H(i!i'I" , ":1 Policy 4.8 "'1\-' '" 'f, rj:,I:,,'j~::!il :'\""!!\!:-,'i An SRA~" ,'Itiijj;~ti~~,~o a FSA or HSA, but shall not encroach into such areas, and shall buffer Sl,l" 'Iareas asild~~,cri~~,)n Policy 4.13. A SRA maybe contiguous to and served by a WRA WI ,out requirin~'il~e wRiA to be designated as a SRA III accordance with Policy 3.12 and J,13, , :1 ,U Ii i" ,:, 'H;!J", "jl:' "IIUk;!"" Policy 4,9 (rfCommended amendment) ,A., SRA" ,m,i"l:Jcontain sufficient suitable land to accommodate the planned development in an ~~ironme I': h~ ~ccepta~le ~alll1er. T~e. ~rimary m~ans of di~ecting development away from JI'elO~~ cntlcal habItat IS the prohibItIon of locatmg SRAs m FSAs; and HSAs, aRa wa \3. To furt~e;' direct development away from wetlands and critical habitat, residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within a SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. In addition, conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. Infrastructure necessarv to serve oermitted, uses_ mCl~ exeJ]1.1!t from this restriction, orovided that desilrns seek to minimize the extent of imoacts to anv such areas. The Index value of greater than 1.2 represents those areas that have a high natural resource value as measured pursuant to Policy 1.8. Less than 2% of potential SRA land achieves an Index score of greater than 1.2. 18lPage Formatted: Font: Times New Roman, Not Strikethrough Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: foot: Times New Roman, Not Strikethrough Formatted: font: Times New Roman Formatted: font: Times New Roman Formatted: font: Times New Roman, Not Strikethrough Formatted: Font: Times New Roman, Not Strikethrough ,. Policy 4.10 (recommended amendment) Within the RLSA Overlay, open space, which by definition shall include public and private conservation lands, underdeveloped areas of designated SSAs, agriculture, water retention and management areas and recreation uses, will continue to be the dominant land use. Therefore, open space adequate to serve the forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas proximate to their homes, open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town; QI VilIage..,--6f these CRDs eJlseeaiRg 199 aeres. Lands within a SRA greater than one acre with Index values of greater than 1.2 shall be retained as open space; exceot for the, allowW'te of uses described in Policy 4.9. As an incentive to encourage open space, such uses withil\la' RA, laeatea 8litsiae af the f.C8~, exce~ding the required thirty-five percent shall ,?QL ~e required to consume Stewardship Credits but shall be counted as Dart of the SRA acrea~t, ' Policy 4.12 Where a SRA adjoins a, delineated on the Overlay minimize adverse im acts draw down or dive' land. Detention an consistent wf~i~un ,+""rll' II " Policy 4,13 '1;1;, Open spa~'r within or co~" "guous to a SRA shall be used to provide a buffer between the SRA and }mXi:;,~~jOi~H~.F"SA, H" ~';, or ~xisting public. o~ private conservation land delineated on the 1,lf(r)V~rltly M3Ip;tl'e~en ~~ e contiguous to or wlthm 300 feet of the boundary of a FSA, HSA, or Ji:'- existing publijl,*,i~tllvKte conservation land may include: natural preserves, lakes, golf courses l,I.,.'..p..r.o.. vided nl.:.... irways or other turf areas are allowed within the first 200 feet, passive recreational I:' " !",~reas and PiS, required yard and set-back areas, and other natural or man~made open space. '~~'?ng the" ,'t boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area sdut~j9f,::$h1okalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. Policy 4.11 ". , The p~rimeter o~ e~ch SRA shall be designe~ to provide ~ trari~J;~n fro~. h.Hiher density and mtenslty uses WIthin the SRA to lower denslty.and .i~~~.'!~" ?dJolOmg property. The edges of SRAs shall be well defined and des', . ed ", .0' ~~;;ljWith the character of adjoining property. Techniques such as'~bU~'.~liml e ac s', landscape buffers, and recreation/open space placement may be ,; ,: 'it for . p . Where existing agricultural activity adjoins a SRA, the design of the S _' _ m this a y into account to allow for the continuation of the agricultural activity" an' ':~iRI' ize an:t., conflict between agriculture and 'j';jl'( .I SRA uses. <"!o' 'ii' " I;: ' 'l,l!'" .,!",.,'.;:, ,. ,>, ;',1 IIJt.. ,.. illj!'lHlit "'.!' A, ''-U!~RA ol!lexisting public or private conservation land . best manag ~t and planning practices shall be applied to esign shall demonstrate that ground water table y pact the adjacent FSA, HSA, WRA or conservation hall be established to protect such natural areas and be 1ect control elevations and water tables. Policy 4.14 (recommended amendment) The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation plalU1ing standards. At the time of SRA approval an SRA mooosed to adioin land desig:nated as an SRA or lands desilffiated as Open shall provide for the oonortunitv to nrovide direct vehicular and nedestrian connections from said areas to the County's arterial/collector roadwav network as shown on the County Build Out 19lPage Vision Plan so as to reduce travel time and travel exoenses. .Improve interconnectivitv increase internal canture and keen the use of county arterial roads to a minimum when travelimr between develooments in the RLSA. Public and nrivate roads within an SRA shall be maintained bv the er-ifR8f\ taW1\ aT SBfflffiunit\ SRA it serves. Silffialized intersections within or adjacent to an SRA that serves the SRA shall be maintained bv the eHfR&I. ta.. R aT eeRlHutRit\'SRA it serves. No SRA shall be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation'i~~1I be prepared fOT each proposed SRA to provide the necessary data and analysis. To the 't reouired to mitilZate an SRA's traffic imDacts. actions _maY be taken to include but shall. '1:) ited to rovisions for the construction and/or Dennittine of wildlife crossines. enviro~ntal r ,tion credits. neht of way dedication(s) water manallement and/or fill material w~ may be if. ,ed to ex and the existine or orooosed roadwav network. Anv such actions td:l~ft(set traffic: i~pacts shall be memorialized in a develo er contributio a eement a tions I be conslaered within the area of si 'ficant influence of the ro'ect traffic 1Wt" sed roadwa s~ antieiBstetl t6 ee enBanlieEi aT eSHstroeteli. :H'" f;J Policy 4.15.1 (recommended amendmenf)iij,.. ,! ,j SRAs are intended to be mixed uS~I~d';~all b~Jlpwed tlJR.i!ftill range of uses permitted by the Urban Designation of the FL,U,E~',:lp,'~ IDO, d"ifi,e,d b,i1ll~!j,Ci~Ili!,7, 4.71, 4,7.2, and 47.3,+.M and Attachment C. An appropria,' ,mix ,9.fI;~~ . om~~f'recreational, civic, governmental, and institutional uses will be. 5" alia . ,j!~,j~~~e t~. . daily needs and community wide needs of residents of the RLSA. Dep ",,'ng on the size, ~ hie, and character of a SRA, such uses may be provided either within the sped ~!pRA'I~~trn~JSt er SRAs in the RLSA or within the Immokalee Urban Area roy' a .lei of'mo'se ad'ointn area's facilities as described in Attachment C to I tI newl created SRA can demonstrate sufficient ca acit e" ..' he; sired use er the standards of Attachment C. By example, each Village o~!" own s~ liFrov ~for neIghborhood retail/office uses to serve its population as well as appropriate civic and;~(1stjt~titmal uses, however, the combmed population of several Villages a, n"Ii,},l. a, ftt~~ts may be req~,il:ed to support community scaled retail or office uses in a nearby Town. ~,~e~~rds'l'9r the mmirn~m amount of non-residential uses in each category are set forth in .:Il!~ttaChment'a~;'P?;~?~Jldbe also included in the Stewardship LDC District. <ii! Policy 4.15..J ";1. q!; 'iiThe Board qr:;Founty Commissioners (BCC) may, as a condition of approval and adoption of an "~ dev,e1~~ent, require that suitable areas for parks, schools, and other public facilities be set asfa~Uifflp1iltived, andlor dedicated for public use. When the Bec requires such a set aside for one or more public facilities, the set aside shall be subject to the same provisions of the LDC as are applicable to public facility dedications required as a condition for PUD rezoning. Policy 4.15.3 Applicants for SRA designation shall coordinate with Collier County School Board staff to allow planning to occur to accommodate any impacts to the public schools as a result of the SRA. As a part of the SRA application, the following information shall be provided: I. Number of residential units by type; 2. An estimate of the number of school-aged children for each type of school 20lPage 21 I P age impacted (elementary, middle, high school); and 3. The potential for locating a public educational facility or facilities within the SRA, and the size of any sites that may be dedicated, or otherwise made available for a public educational facility. Policy 4.16 (recommended amendment) A SRA shall have adequate infrastructure available to serve the propo~~ development, or such infrastructure must be provided concurrently with the demand. 1i'>>e1' level of infrastructure provided will depend on the form of SRA development, accepted c.Wi-ll~ngineering practices, and LDC requirements. The capacity of essential services and infra~Hjcta~!!f,1ecessary to serve the SRA at build-out must be demonstrated during the SRA desig9~tion procd'~:;ll}nfrastructure to be analyzed includes but not limited to. transportation, potable ~B~l!r, waste~atij~irrigation water, stonnwater management, and solid waste. Transportation infra~fture is dls*-ssed in Policy 4.14. Centralized or decentralized community wat tev'!~, utilities are required in Towns and,Vll1ages, ' . ,'_, ,:, _, ., and may be required in CRDs " ,I' . ,dep'" ng upon the permitted us.e~ ,approved within the CRD. Centraliz~~iJ~;' dee, en., ~{~li,m.,munit~ water. ~nd was.tewater uhlitles shaH be constructed, owned, ope,,~,~. a,nd,' j~\nt, :"y a pnvate utIilty serVlce, the developer, a Community Development Dlsffi.tAA, ~lj.{r'1mmOkalee Water Sewer Service District, Collier County, or other govem?~,.tQll:entitYl.I!:! )nnovati,q ~~!thtemative water and wastewater treatment systems such as decen',_',:fized,c"ommu.tu,.*.!~e,<l; ':' 't systems shall not be prohibited by this policy provided that they I~~~t all,i1~~!r.,}e it, tory criteria. Individual potable water supply wells and septic sY~JFms, lli",*_j.~\;"a ',I;' Imum of 100 acres of any Town, Village or CRD of 100 acres are permlW~ pn an interim b~_, ~ until services from a centralized/decentralized com~unit~ system ~~e avail~6'1~li"lndi.~~H~::IP,~table water supply well~ a~d septic systems are J3e~.lttea III IJaffile~i~~~~~t~ie.!~~:~tttxJl1n t':RDs of 100 acres or less 10 size. Pobcy4.17" ',", '''ii"" "':I;"I;lj' The BC\,,~N~~~w a~9 approve SRA designation applications in accordance with the provision: :Iof Pohcy"I'I;~,,2 o~~e Capital Improvement Element of the GMP and Dublic facilities ursuan; Polic 1.11" diti' to the folIowin: 'ail law enforcement em r n m ical services ,_e service " ent uil in nd lib 'esfer Categef) A puhlie faeilities. Final :~~~k~ev ~p.fllent orde~~jwill be approved within a SRA designated by the BCC in accordance I'i,i with the Cohdp.'1f~Rf~L~nagement System of the GMP and LDC in effect at the time of final .. local develop~entl()rder approval. i: 'I ~9licy 4.18 (recommended amendment) fl~'I~~WWI11 be planned and designed to be, fiscally neutral or positive to Collier County at the horizon year based on a costlbenefit fiscal lmpact analysis model acceptable to or as may be adopted by the County. The Bec may grant exceptions to this policy to accommodate affordable- workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other special districts, shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. It is reae2ftizeclln the event that a SRA develooment ia the R!..S,\ . includina any related imoacts to Collier Countv outside of those directlv aenerated bv the 8RA ffHtY llenerates sumlus revenues to Collier Countv:-6ftEI Collier County rnav choose to allocate a cortinn of such sum Ius revenues to ensure that sufficient resources are available to allow Collier Countv to resoond exoeditiouslv to economic oDDortunities and to cornoete effectively for hil.zh-value research develoDment and commercialization innovation. and alternative and renewable enerlN business oroiects. Policy 4.19 (recommended amendment) ,,' '",I Eight Credits shall be required for each acre of land included ill a SR.{\:liwhere such Credits were created from a Stewardshio Sendinl! Area deemed vested under th ", Credit ratio, Ten Credits er acre shall be re uired for each acre of land included in ai . 'e such Credits were created from any other Stewardshio SendiDlz Area. Imee)3t _,K e Qpen '~p~,: e in excess of the required thirty-five percent as described in Policy 4.10 or for f ' that is deS',! ~,ted for a public benefit use described III Policy ~ 4.20 d n t r . e use edits. In '~er to promote compact, mixed use development and provide the "lities and services to residents of rural areas, the SRA designation e_~l~~le , accessory uses and a. ssociated uses that provide,a mix of servic,e,~ s.;;;~, ,:I'and ".,' rtive to residential population of a SRA, as provided for in Policies 4,7',i~ 4.15;tjand )_chment C. Such uses shall be Identified, located and quantified in the SRINmlasterpJ!in.. 'i'i", :< Policy 4.20 (recommended amen~I'~~ : :;ii':: : The acreage of 0 en s ac . ~ _ ' . _ ft public benefit use shall ftet count toward the maximum acreage, . ts~Iit1:~J' ~\ in ,,'- y 4.7 but shall not count toward the consum tion of Stewards' Cre' _ jilH'''tbe pUnRose of this policy, public benefit uses include: public schools (preK-I2) a', - ublic or. privati\;;i~st secondary institutions, including ancillary uses; community parks exce th~JH,_ilfum acreage requirements of Attaclunent C, municipal golf cOU~~k,!,,~jjRnal __~,_:',',a. fi(11~B'vemmental facilities e)(shuIi8g esseNtial ser iees as defined in t.he. LD,C.'.'1i~~;l"O' 'c!\I!lb,tig"Il!i!,lic schools shall be coordinated with the Collier County School Boar~l~~~ onifhFi,mterloca lagreement 163.3177 F.S. and III a manner consistent WIth 235.193 fT}S, scH6161jt'flnd ~,ted ancillary uses shall be encouraged to locate in or proximate to Towns, ~ Villages, EI'~~!,lIam:t.lS subject to applicable zoning and permitting requirements. , , P,fj'I~f>: 4j,~t(recommeD~~ amendment) I' :EaWlfS:"wit~iI'!;'~Ac:S,9,itRat meet all SRA criteria shall also be restricted such that credits used to ) entitle a SRA 1~'lltiii,.J{~eSC must be generated exclusively from SSAs within the ACSC. Further, ! the only forO'). of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be ~ lie tlRti CRDs o:~ 100 acres or less and the only form of SRA allowed in the ACSC west of the ~~~a,~,o~~~e Slough shall be CRDs and Villages 8f1f1 eRns of not more than 300 acres and o ',~ifPf~vjded, not more than 1000 acres ofSRA develonment in the form of Villaees or CRDs he.. e, fr, that CR:D . ar 1. e Villages sr ClY)s sf Ret ffiSfe tha8 599 aeffS eaell, exclusive of any lakes created prior to the effeeti. e aate sf tltis amefuiffie8t June 30. 2002 as a result of mining operations, shall be allowed in areas that ha\/e a frontage on State Road 29 and that, 9S €If tlle effeeti', e aate sf these aR'leRaffieRts, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. This policy is intended to assure that the RLSA Overlay is not used to increase the development potential within the ACSC but instead is used to promote a more compact form of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy of the RLSA Overlay shall take precedence over the Big Cypress ACSC regulations and all regulations therein shall apply. 22lPage { Formatted: Not Highlight Policv 4.22 (recommended new policy) When historic or cultural resources are identified within the RLSA throullh the SRA desil!nation nrocess the anolicant in coniunction with the Florida Division of State and Historic Resources will assess the historic or cultural sill11ificance and exolore the educational and oublic awareness opportunities rel!ardinl! simificant resources, PoUcv 4.23 (recommended new ooIicv) Anv develonment on lands not narticinatiml in the RLS nrow-affi shall be conmatible with surroundiml land uses. Within 1-vear of the effective date of this oolicv LDC reaulations II I Ii' i r fr m h k k www. rk k . r r r m to t t t 'm nvir serve ener and enhance safety and security. Group 5 . Policies tbat protect water quality and quan'~, and tbe: ini~.e~aining of tbe natural water regime and protect listed animal and~,,1 a...,.t ',P, " ~.~' .a D., .d,. ..th. eir tilibitats on land tbat is Dot voluntarUy included in tbe Rural Lands!':", ., R~P" ; i program. !i' ,I,.II!i'lml;i'I.!'i' Policy 5.1 (recommended amendment) I!Lb.' , To protect water quality and quantity an 'ntenal9Jiie of~ natural water regime in areas mapped as FSAs and desi nated Restorati q~[~tie OverJ~~~ap prior to the time that they are designated as SSAs under the Stewar .tedit Pro m ~ , Residential Uses, General Conditional Uses, Earth Mining a~,!_~ssin ,s, a d eational Uses (layers 1~4) as listed in the Matrix shall be eliminated' . . Con il' essential services and governmental essential services, except those p q 'led uses or for public safety, shall eftly not be allowed in FSAs. mi m f m hi r ricti n r VI mi imiz thee nt fim n such areas. Where practicable, directional-drilling~' revlo s y cleared or disturbed areas shall be utilized for OIl or gas extraction in ' " ~,imize impacts to native habitats. Asphaltic and concrete batch makin~:JP~,_, hibi(~n areas mapped as HSAs. The opportunity to voluntanly participatlt;~ the .redit Program, as well as the nght to sell conservation easements or a free.qt lesser inter'e5:~i;JO t ~nd, shall constitute compensation for the loss of these rights. ellli~Y 5.21\ , .jl:~o-l~te.ct w~~.~a.!}M':!~n~ quantity ~nd m~inte~ance of the natural water regime and to protect ;Ii' listed arumal 'in~!~I'specles and their habitats III areas mapped as FSAs, HSAs, and WRAs on 1i'; '" ,th, , e overlaYi~,,_ ap that are within the ACSC, all ACSC regulatory standards shall apply, including ::IL~hose that st~~tly limit non-agricultural clearing. ~~iliil1!fi!a1I:ili To protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay Map that are not within the ACSC, if a property owner proposes to utilize such land for a non-agricultural purpose under the Baseline Standards referenced in Policy 1.5 and does not elect to use the Overlay, these Graun 5 policies falla..iag reglflafiaa5 fife iIIlplie&l!lle, shall be incorporated into the LDC, and shall supercede any comparable existing County regulations that would otherwise apply, These regulations shall only apply to non-agricultural use of land prior to its inclusion in the Overlay system. Policy 5.4 (recommended amendment) 23 I P age I Formatted: Font: Bold Collier County will coordinate with appropriate State and Federal agencies concerning the provision of wildlife crossings at locations determined to be appropriate. A mav of these votential crossin!! locations will be develoved within 12 months of the effective date of the Growth Mana~ement Plan Amendment and shall be inco(porated into \lsea ia e.IlIHatlfti: community cultural and historical and transnortation nlanninQ" for the RLSA. includinl! all SRAs described in Groun 4 Policies. Policy 5.5 (recommended amendment) For those lands that are not voluntarily included in the Rural Lands Stewardship program, non- agricultural development, excluding individual single family residen,cr~'Shall be directed away from the listed species and snecies of sneciallocal concern (SSLC~;i. ' e fin in the LDC within I-vear of adontion of this oolicv) and their habitats bfI't!b' ~ring with the following guidelines and standards: .. . l:!l~ I. A w.ildlife su.rvey shall be requ.i~ed f?r ~Il parcels whe.n ~~S~ sp.ecies~ji,L~'s are ~own to mhablt bIOlogIcal commumtles sImilar to those eXlstm - lte or whenc;:I!\sted species Qf SSLC's ar pretested 9fl!eiea are ~ . e site. The! survey shall be conducted in accordance with the require a Fish and Wildlife Conservation Commission (FFWCC) lJ.S"!Jir aife Service (USFWS) guidelines. The County shall notify th CC and'ijij:;VS of the existence of any listed species or SSLC'S 8f6teetea Sfl!eies. ay be;t4iscov~. 2. Wildlife habitat management plan Iis~i1~pecies or"~SLC'S shall be submitted for County approval. A plan:~e for alr~lPJ'Ojects where the wildlife survey indicated listed species or i~e ubf : or the site is capable of supportmg wildlife and can be antici d to b pi Isted species or SSLC'S. These plans shall describe how e pr OlP e land uses away from listed species QI habitatsl:!! ; s shalllt~cor;o~te proper techniques to protect listed species QI I. c1tt1'cUtllW'habitats from the negative impacts of proposed . t current and completed data and local. state. and federa , s shall be utilized to oreoare the reauired manag:ement f1resenatien requirements shall be lJsea te . .1'1 -try Provisions such as fencing, walls, or other obstructions shall be provide "to. minimize development impacts to the wildlife and to facilitate and 1, I;, encour~~ wildlife to use wildlife corridors. Appropriate roadway cTOssings, ""1~9ft~a"Sses and signage shall be used where roads must cross wildlife corridors. Mi'h~ation for impactilll! listed species or SSLC habitat shall be considered in the manaQ:ement vlaus as apoTOoriate. 1. The felle.. iag rerereRses shall Be \::I3e<:l, as appreJ'flate, te J3repare the re'l.lJirea managemeat I'la8s: 1. 8eutll. fleriea Multi Sfleeies Flees\eI) PlaH, VSf"'S, 1999. 2. Habitat HaRag8m8Rt ClJiaeliRes fer the B81el Eagle iR the Seutheast RegieR, USF\\'S, I n7. 3. E:eelegy aRa Habitat ProteetieR l>Jeeds sf GSflHer TeFl:aise (CeflHenl3 f1elYflheffltl5) PSJ'lt:i!aasfl3 fSl:lfUt 6ft LaRd.] Slatea fur Large Seale De,elElpmeRt iR fleflda, TeehRieal Refl6Ft ~le. 1, FleFida Came aRa Fresh \Hater Fish Cemmissisft, 19&7. ~. Eeeleg, ami DeyelsflmeRt Relater! lIabitat ReEl.l:IiretReHt3 sf the flerida Sefl:l1=J J8) (.\f1elseema eeeftileseefts), TeelbJ:isal RepeR Jl-le. 8, f1eRda Came aFld fresh V.'ater Fisa Cflffiffiisstefl,--l--9-9-h 24lPage 5. Eeelegy and Habitat Preteetien Needs Elf the Sel:ltheastern .^-.merieaA Kestrel (Falea Sf'ar, eril:ls Palih.iS) 88 Large seale De', elOflmeAt Sites if!. FleFiela, ~leRgaffl.e TeeluHea.1 ReflSR ~Je. 13, VlsRae Came aRa FresA \J,'ater Fii'l8 Cemm:issisn, 1993. h if:. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph 3 of this policy. !1. ill-, When listed species or SSLC'S are utilizimr a aireetl) ahsep,etl 68 site or indicated by evidence, such as denning, foraging, or other indications, a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes., ,Jhe County shall also consider the recommendation of other agencies, subject to the provisions of paragraph 3 of this policy. , ; ': ;: 'i b.Manal!ement olans shaH mclude orovislOns for!M.inil1'1q;~R2 human and wildlife interactions. Low intensi land uses e. . assiv'l!1!1 reatlOn areas olf courses) and ve etation reservation re uire' includf'-'I, 'culture shall be used to establish buffer areas between itati: 'teas and areas dominated b human activi ' iven to the most current idelines and re ula . os uce human wildlife conflict. The mana ernent nos re U1 I the dissemination of information to local resi '--=-busi vemmental services ahout the oresence of wildlife :f a co riate waster dis osal methods) that ena~l~ resoo ste~ with wildlife while minimizinl! QlW.Qrtunites fo,: 've such as aDDrooriate waste disposal oractices. :,,, !'j:lilij:1ii I tain a monitorin TO am for develo ments alse eutliae a IH!.slie li"afefl.eSS pregflim 18 eaHsate resi~ents liB81:lt the en site flrfl58F~ e liRB the Reea ts maiataiR the ssml:! egetatisR. These feEj,l:liremeRts sHall be eeasistlmt \\ ith the Upl.'S SEJl:lth FleFiaa Multi Speeies Reee\ fiT) Phm, Ma) 1999, sl:lbjee:t ta the)9fe.isiaJls af)9aragraj3h (3) efthis )9slie). a.fer the bala eagle (Haliaeeh:\3Ie\:leeee)9RaIHs), the reEjl:lifea habitat ffianagemeRt plans shall estal9lish pfeteeti\ e zaRes llf8UfHi the eagle Re3t restfletirtg seRaiR aeti ities. The plans shall Elise aaaress restAt'ltiHg eertaiH t)'Jles sf aeti .ities a1:tFing the Rest SeageR. These re~liireme8ts shall be e88sistent ith the eFWE Se\:Jth Plarida Multi Speeies Reee\ er PlaH, Ma) 1999, sl:lh-jeet to the pre. isisHS efpllf'agrBflh (3) sftms )9slie). e.Per the rea 6ssl<:aaeEl. .... 8s~esli:er I)9ieeiaes Bsrealis), the req\:lired habitat preteetiefl pia" shall 0\:ltlifle measures te 8\eifl aEherse imflaets ta aeti e elusters afl~ ta mimmize iAlflaets ta fefagiHg hallitat. Where aa.,> erse eff-ests eall net Be a. aiaea, meaSl:lfeS shall ae talum ta H't:i.nimi:;:e eft site distl::\maflee 25lPage ana eSffiJ:leHsate sr mitigate fsr iRlflaets tkat remain. Tke3e reC!.l:Iirements skall ee eensistent ..itk tke Uf'\,g EeHtk Flsfitia Multi Sfleeies Rese, eF) Plan, ~1a) 19~~, sliBjeet t6 tae flrs, isisn sf flaragJ8flk J) sf dus flslie). f. In areas "here the Flafida alaelt 1:lear (Uf5HS affierieaflus fleridanus) ma) be flfeseftt, the ffianageffieflt plaRs shall require that gafflsge ee J9laeeti iR eear flF6ef eSRtainef3, at eRe sr msre eeBtraJ. leeatieRs. The msaagemeat !'lIaR saall alse iaentify R.etheds te inferffi leeal resiaeRts sf the eSReeffiS related te iateraetisR eet., een elael[ bears and humans. HitigaaeR fer imflaetiRg habitat suitable fer elaelt bear shall be eeRsilJered in the ffiaRagemsRt fllaR. g.Fer flrsjeets leeated in Prierity I Elr PriElrit>J II P~her lIabitat areas, the =~EcE:an:r~:~E::~~~ ~W~~~=;~::;, ineluse pine f1at..eeas aRa kaffi" sea haRl",~el<s. 1ft t1:l"'.~t:hese areas shall be "Ii,r hri~Wt:~h~~le policies of this Overlay, consider and utilize chllieal assistance from the Florida Fish and Wildlife :~.ion an r "mmendations from the US Fish and Wildlife Service in t 8fq~s on property esntaiBiftg utilized bv listed species or SSLC's, It is , 'zed that t ,e agency recommendations, on a case by case basis, may effiH:tge str _ hen the requ';;I~ments contained within these wildlife protection policies and any such \l~ha ' . ... shall be d., < med consistent with the Growth Management Plan. However. no .} 11".lfbducti J f the ' life rotection olicies of Polic 5.5will be conSidered as these shall Ii constitute 'fit" tJ standards for wildlife orotection. 1 ." i i~;, i;~11 \1h,Policy S,6ltecommended amendment) 11'~.,t~,<i!~j!lands that are not voluntarily included in the Rural Lands Stewardship program, c31W~'~ounty shall direct non-agnculturalland uses away from high functioning wetlands by limiting direct impacts within wetlands, A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: flFeseF\El6 egetat!sH 1. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand and the Okaloacooehee Slough. These two systems have been mapped and are designated as FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus preserving and protecting the wetlands functions within those wetland systems. 26lPage 27lPage 2. The other significant wetlands within the RLSA are WRA's as described in Policy 3.3.These areas are protected by existing SFWMD wetlands permits for each area. 3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site clearing and alteration limitations, nonpermeable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open sp,~~~ and site preservation requirements specified within this Overlay to preselVc!'an' appropriate amount _ of native vegetation on site. Wetlands shall be prese~y,#dlja,~ part of this vegetatIOn requirement according to the following criteria: :: '1., i. The acreage requirements specified WilQm this Ove~I~K shall be met by preserving wetlands with the highest wetl~nn'i:.fi,unctionaHt~t;~cores. Wetland functionality assessment scores shall be those d' ',', ribed in pafi,graph b of this policy. The vegetative preservation~~,,; ".', '., fi !lNtrts~ sed by Policies 5.3 and 5.5 shall first be met throughm.ese' . n"SrI aving a functionality assessment score of 0.65 or,~IJlftlifonn -':Up,nd Mitlg n Assessment Method score of 0.7. or great:~ri)Wlthin one y~)~'~!tfrom the effective date of this Amendment, the coun, tYI~~~1I ',d, e",Yt~ltiP spec.'i,'hb~:~nteria in the LDC to be used to determme those ,!nstanC~$11L~. ,ii,.,,#hiCh we_q~nds with a WRAP functionality assessment scor,T::pJl'tlJ65 or a lflijform \\{mlfand Mitigation Assessment Method score ~f 0.7, o~,.I~.:':e ~ater must be P~!:'f.1'~ i~ excess of the preservation required by Policy 5,),., II, ii. Wetlandsl', nd c'c. " u",; buffers that are utilized by listed species or SSLC's, ~ I ving as corrid9",~Hor the movement of listed species or SSLC-;;: shaH be on ~ttfftl)M'I~nd flowway functlOns through the project shall iii. ~,_~,~~ ,shall demonstrate that ground water table drawdowns or 'i"i!~;'lw~ers;~p,f; will no \tersely change the hydoperiod of preserved wetlands on O-tI~fsiteJ;g~tention ~nd con.trol elevatio.ns shall be set t? protect surroun~ing wethitlds ad&qe consistent with surroundmg land and project control elevatIOns and w~ter tables. In order to meet these requirements, projects shall be design~ in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis ofJ~.~ew, January 2001. Upland vegetative communities may be utilized to '. Ii i~ the vegetative, open space and site preservation requirements of this 1[\ Overlay when the wetland functional assessment score is less than 0.65. b. r:, o~der to assess the values and .func. tions of wetlands at the time of proj:ct review, 1. phcants shall rate functlonahty of wetlands usmg the South Flonda Water I( anagement District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg-DOl, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C. Chapter 62-345. The applicant shall submit to County staff agency-accepted WRAP scores, or Uniform Wetlands Mitigation Assessment scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph 3 above. c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (f) of this policy. i Ji. 28lPage :II d. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50~foot vegetated upland buffer abutting a natural water body, and for other wetlands a minimum 25- foot vegetated upland buffer abutting the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required abutting wetlands where direct impacts are allows~. Wetland buffers shall coofonn to the following standards: i. The buffer shall be measured landward from the approved jurisdictional line. ii. The buffer zone shall consist of preserved native:vegetation. Where native vegetation does not exist, native vegetation compaHl?):cjw.ith the existing soils and expected hydrologic conditions shall be planted. !,:" '" iii. The buffer shall be maintained free of Cat~~ory I invaf;i~F, exotic plants, as defined by the Florida Exotic Pest Plant CouncI11."" '~';;[j iv. The following Ian? ~ses are consider:d to be cori\lP~W~le with Wetland functions a~~ a;:s:li~eWr:~r:~:~~~;~:r~~;~~Q~rd~;~.~~dif~ll:~!,fhelters; (2) PervIOus nature trails; , Ij', \ . (,I" (3) Wat~r.ma?agement struc~r's; '1 I" (4) MitIgatIOn areas; ::;:, , (5) Any other :o,nser:,at.ion'i~~:ll~.',.' ate~ oP,f~ space activity or use which is comparable m~.wntw]th .t~i ~!~egOmi~ses. . . v. ~i~:~~~;~~i~~~~ ma~,;~~~~l'~i:lo i~!~~;~' all, benn, or vegetative hedge with f Mitigation shaJt~e r,~IijJiid'lfor dire~~:impacts to wetland in order to result in no net loss ofwet1and'~~~r.ions. .i i:: Mitigation RequirefY1 s: i:::l,-,:_!i" i. "N ~j9.r'!' fun2tI'ons" shall mean that the wetland functional score of the If It equals or exceeds the wetland functional score of the j!",j'!"WR~ct J!tlands. rity shall be given to mitigation within FSA's and HSA's. ill'ii. LdJS~!9,',r st,o~~r'.,(or conveyance volume resulting from direct impacts to wetlands shall b~'l::omp~ated for by providing an equal amount of storage or conveyance capacltYffP site and within or abutting the impacted wetland. Ijii. Protecti911lshall be provided for preserved or created wetland or upland vegetative !li:lhFom,nw~ties offered as mitigation by placing a conservation easement over the ~t!i:lI~H perpetuity, providing for initial exotiC plant removal (Class I Invasive ::T, exotic plants defined by the Florida Exotic Plan Council) and continuing exotic '.:.:.'1::1 plant maintenance, or by appropriate ownership transfer to a state or federal "f agency along with sufficient funding for perpetual management activities. I:'iv. Exotics removal or maintenance mav also be considered acceptable mitil!ation. far tJ.u~ lass af .. etlands sr liMefl seseies kal3itfit if the!!! laMS if these hmd5 Sfe elased 1if!def a 8el'l'leNal eSRs!f'IBtiBH eS!leIM!R{ "ith BeP8!tHal M8ifttena8se f!sHiN!M!flt9 -tv y. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs ([) i, ii, and iii of this policy and SFWMD standards. If agency pennits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas "I h''1j' ", ' I~ "I i ",!,,-,,' shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and shall not include any other activities that are detrimental to drainage, flood, control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. 4. All landowners shall be encourali!ed to consider oarticinatinli! in anv oro~ams that orovide incentives. fundinli! or other assistance in facihtatimr .wetland and habitat restoration on orivate lands inc1udinli! but not limited to. federal fann bill am cultural conservation nfOiITamS nrivate or nubhc ~ants tax incentives, easements and .fee or less than fee sale to conservation Dro~ams. " Policv 5.7 (recommended new Policy) Anv develooment on lands not oarticinatinli! surroundin land uses, Wi i 1. r h h I im I m n for ut r Ii in www.darksk .or r m niu:httime environment conserve ener and en~ ,.ce 5 ,. a ,;,,,.,' ',.1; Policv 5 8 (recommended new Policy) . )U,i:i'i:> '; j:':llii;i~ When historic or cultural resources are id~F~ed ~~~~ the Rt~~. the aoolicant in conjunction with the Florida DiVision of State and Hlst' 'sources_..Yi.iH' assess the historic or cultural simificance and exolore the educ , d "i::~ware_IODDortunities relZardiOl! siJ.mificant resources. I I; ,0'::;., 'l;l! 29lPage atible with I n o rk Sk rotect the 30lPage ,'j ':"'.' I;') " ....]'1 ,,. \; " ,1 ----'--, I {\ONI COt (II U " " "'., 'j \~ ~" ,'\': , I n)~10A.tl.EE 'r~ I =.f~- '",1, wUl~'dnlL'lI ----------r---_.. I 311 p, c::-, ~,~''''''S-'''''oh",,,.....~ ....ofCsikoOStIliCor1ctm _:w-t''''''''''....-n,w"" e...........-""-"'"" ___Ar~. ~Sl_"". Pe"ritlol<l_~""""....... RLSA OVLRLAY MAP 1 N' .....". 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CD oS en If ~ ~ ~ ". -S' '" tl> n tl> :C' 5' '" l> ~ ~ o ". ~ ~ n !i !! ~. o g, if o o ~ ~ .:t '" r en l> o ~ ;; ... ~ n ". 3 tl> a o 8-A - Consent Item Petition: CU-2008-AR-13661, Center Point Community Church RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A YOUTH MINISTRY SANCTUARY wrrn SUPPORTING OFFICES AND YOUTH MEMBER SOCIAL ACTIVITIES RELATING TO THE EXISTING RELIGIOUS FACILITY WITHIN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.0I.B.I.C OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 49 SOUTH, 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 youth member . sanctuary with supporting offices and youth member social activities related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.0I.B.I.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" 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 10.08.00.D. of the Land Development Code; and lof3 ,... .,~',_.....~. .~'__.._..,,___...~_._'_'__~" _, ,_ "" _._...._. ._""d"~~.~ WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-2009-AR-1366l filed by Matthew McLean of Agnoli Barber and Brundage, Inc., representing Center Point Conununity Church of Naples, Inc, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a youth ministry sanctuary with supporting offices and youth ministry social activities related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B.l.c of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "0". Exhibits "B", "C" and "0" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED 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: , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: lvL. 7- W1L:~ Steven T. Williams Assistant County Attorney 20f3 . Exhibits attached: A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions CP\08-CPS-00873/16 30f3 " ,,-,. -,~,~--,,,-,,"..~~_...._._,,,,,,,,.,,,,,,,,,,,~_....._....,.~,",,. "'<-,' ;',"- .".A.",'''''''''''._'.'_'''_ FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 1 No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ( . , No affect or : Affect mitigated by L () ( ;) ,', ,)1~' (,~" -~. lh l.(.c, .~. Affect cannot be mitigated ;VT(~ \-?H",>,:\. (IUv,J,'e\ i'" {. ? ['I,e." " :\ D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/. No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. I ! I I' / '{ I v \)7\. ~~ DATE: : . I(t - 0 1 , , . I ! COMMISSIONER: (L lev L, Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes !/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or l Affect mitigated by -.13tlrrE1!--J 1L1:1 Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ;.//9/ (N I I . I Jti _.j COMMISSIONER: /l/I-nI1?-, .. (oY! ( c:~_ Exhibit A m". " ...._...__.,._..___"~_.___.<.._...'.^'..~.._, ..H~_ ,. "_"_"_"_"~,,_...M"__.__~'~ ,,"_....,H~, ' FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.S of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with tJ;t6Land Development Code and Growth Management Plan: / / Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &"egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /NO Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE:;;< -11~ 07 COMMISSIONER: ~. --..- - , . . / . ~ / / . Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.S of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes -tL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes vi No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ';:-11. t>f COMMISSIONER: ;?;; ~ Exhibit A ,-.,_.._-,_.._--,_.,~~._-_._.".,.- FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in thc same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~__ No u___ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safcty and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequatc ingress & egress No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by .___ Affect cannot be mitigated D. Compatibility with adjacent propeliies and other property in the district: Compatible use within district No Based on the above findings, this conditional use should, ith stipulations, (copy attached) be recommended for approval to the Board of Zoning Appe Is. DATE: COMMISSIONER: bltW ~fl~G \ '\ Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fITe or catastrophe: Adequate ingress & egress Yes1 No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use . thin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exhibit A ---..---..--.---- <--~_.__._.",_._,....~."-,_...~...,~.~-- -............_..... ,"---..~- .." _ ,_',. u__. "'~'_,~_",_,,,,_,_'____~____'__','''_''__ . . FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, this conditional use should, with stipulati ns, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: Q-- (lj COMMISSIONER: f Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency wi the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effec : No affect or Affect mitigated by Affect carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit. in district Yes No DATE: 2 1 COMMISSIONER: stipulations, (copy attached) be Based on the above findings, this conditional use shoul , recommended fo approval to the Board of Zoning App Exhibit A ". 'd..."..._~_.__.~...~_~~'_..__.d ..._. '~,'__'"o,_ .. _____.""'_.,_,."'~"..",.,__..~__,,. "~_...._.,__ , ~~_.,~--"-~~-"--""-"'--~ FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use with' district Yes No Based on the above findings, this conditional use should, with stipulations, (copy a aGh.;xJ) be recommended for approval to the Board of Zoning Appeals. DATE: -1//9 of , COMMISSIONER: / ~' / ______e- ,.-- ~.-.,.- /) f / t/ ,.,- --;. {' . u . , ~. " ,_ J? c~ ,.~j_ / / '. ~ v vc . / c:;''''v / Exhibit A 8 25'15724 ll."~ Naples Fax Paqe1 Dat01 5/12/2008 TlmEH J;59 PK '1'01 . ....., - ~.. : ..,..? :~;:,...' "':' ~- '..'. ,. . . ... . . Warrant,'} :J:JccJ /3 dill' of Feb"t'1I1U')' ,~D.I9' 8' M.A.YSONET, lhu.ba;ul cad Witt!!. as the Grantor lKC.. . rlori6a cor~or~tio~ c c :;0 = '" - C C - :>< = . :PKElIDY ltA'Csovr:r ud. cAJl.H'D" A.. .~ e.t.t~ ~J t\e antl~.ti.s GRACE atltE CKU~CR OP RAPLES. w_ ., - "" : '" ~ 'W '" N '" C> N " il! '" '" ~ !ll A.~ whose poll of&- .&L.....IIlli 659D GoUn CaU rark",ay. ...pl", f'lo;Td~~T99 WiI,..,..Ih.1M11M Gfl,ll1IOI. far Ind '" CCJnI,idal",UIQCI of 1M sum a41EN OOLLARS AND OTHER VAWABlE CONSlDEMTIONS In hal\d plicI bv IN Granl.., f!CItipl wherU is h~ KknDvIl'\edglld, herabt toIW. to Ihe Gn6tec 1M rNl proptIrty In Collier County. Florid', daaibld IS: _____The W.ar 75 f~et af tke V~st 150 f.e~ of Tract B6, Onit 29. GOLIEd elf! !stAT~$. ~ccQrdi.8 to th. pl~t tbereof rec:.cn~de. b. Plat look 1. :ra,e 57 af the Pu~llc lecorda at Collier Count Yo Flor1da.----- "0 )>0- G>'" "'''' c c = sUJJEct c >- .... 'tll U) % C => <> <.0 " V> '" Ul '" :J ... <> c u to &A...ant_. t~.trictloD. and re&ervat1ons of r~~ord. f-., ,t>:: .:.) (;0 O,e- -t- lvd In. sold (iJantllf" dau CID'J'tIftOrl' ttIQ Df QI ~ ttw:Jt lawful .wn ofandgclC:ld rid1IlDC,OII..ey ll:rrt)'.clN GnIr1tor. and lhat the GrMIor hareby hAtv IoIQtIOl'\b 1M tute 10 mid \cirtd will dcfmd Ih~ 1_ ugalnst ~.Iowful doims gf till pcnona whoI.r- SU...,. . SlpadInIMp., _J: ~~>~~~ 'UN) <sWl ~ -""..-......... STAll OF lLOI.1DA .....~...-:-~ COUNtY Of! COUlD. ~.,.,~~ I MElUY UllI...., thal ClI'o thif day p8'lOIWIlly .ppe.r.d before rNt. !In offer duly ~ to , idmInI,toer Dl.tM &rid like ~Itdgmcnts. ralDDt ~lSO.ET and CA1MER A. HAYSONtt ~ 10 me well known to tw thtt penon. described .s-.Gr.ntat .nd who exccu..o the fOtegOlng deed. ""d ~e~d before.... INt s..;d I)lt<'1Or' .lrfC;U~d In. 1_ freely .nd loIoluntll'ily 'Or '~.Put'poII! _ Q"I'M u",eued. :. .' . .... ....j.,j' . '. L.~'. [".\i'~ .:'.;: . b~~WIlN!SSmyhaM .nc:I_lhis. ).3 .:.}...p:14 i.g\'.~ o=..~,::o-=<<: ) l:'I . ...-~.!1".::1l1..CommbJlon,e....:.~ -:, .. _~~~ _,_"'f ......... i'Z~""~"'~ ~..)~9 :-~~ ~-... ..... cr:(;"'i.:i:.ti" ~c;: w CJC;:::J~ S~ -'" ~I(W""-"-'1""'- --"'"-'"'"".....'--~;,:.:l-.' . ,- ...... .' "" . "".' '.~ '. .' . .'. . . . '. ,'- . Exhibit B ....: _......n_.__ -->'.''''''-'. --'.~-'- . ..---.-.---...-....--- . .~---_. 3 ~.__.- , . Datal 6/12{2008 TimQr 2:59 PH TOt (f 25?'i/24 R."~ 'Naples Fax Paqa ~ . ~''r.!1J,.~~~. '""."":""--::"'-~~"'., . ~... - " -.' . .' _ ,.: .f~:;';~,...:.,._.~ '."'" ;.:...--.,...,1,:,- r ...." ,~'..:~ '." -.":' ';'...., -...:.-:......~..~'-:-...,..;:; ~". -'. . ."" -.- ~ W"rr,,"t{/ ~~ Q1 O"~'>O IWT lHlllND~ Mod. "'i, IV ,WD - . . . , . .. . . . '.( ._:~...'>': L....;....,... .. .e" JJecJ d~'1of FebruH' .A.O.1989 m "'tIMI~IU, lItA SA.mos. a durle VlI"lI;aD '" "'c.... ~ '" a N" 0:: lheGn:ntllf N 8 whew pos.r offil::a.ddte:u 11.\6590 Golden Gate. Parkway, Naplu, rlorida )399' '" w ~ ~ WltAo'-.th. n..lllh. Gr...tor, far II\d in COftfoldera~ at Ih4 lUtn 01 TEN DOlLARS AND OMit en VAlUABlf CONSI>fAAT1ONS in hind pIIld by the Gr,,"',",. receipt ....hlnol i& n-rtby acknowledged, ~ hetebt wnveys to tM- Gt.uea !he reII PJ~ 'ft Calliet Cc.unIy, fIoIlda, duCJibed ISI ~_.a ~"' .."..-;::~m (:' :':") O~.l'':-''.r 1-....:;....,:") " - ~;::"":;a: 0:: ,-0 _I"_<::'~ [_u ~ '. ,h ..... ,- ~...., 1-:;-- ~ _..,..,., ,.. ".. lu.-= ~ ~" '~.. .~. .... . o::~ l.hff) l';"_~ ~_} :,.;;.:::J. te. w. ClC--::>....) "'~ -<< _z = = = <0 on '" = C1ACE ItlLH CHUKca OF MAPLtS, IRC.. .11oTlda Ih.Grantor corporation 0'" ;D'" "'- o o :;>: <0 - _____Tba E~t 1S f~~t ~f the Vest ISO feet of Ir.ct 8'. COL~E. ~T' ESTATES. Dale Bo. 29. accordinl to the plat the~~of .. recorded ift Plat ~oot 1 at '.Se 51. of the !~~lic Recorda of Collier Cou~ty. Flo~id..----- SDIJXct to eale.anta. reatrictioas and reaervat!oua of record. tAX ID t3al082BQ~08 = Q ~- '" <0 lT1 _ <0 - . s~.. aM,. l~of: ~ f);. ~~WJ MA~lA .ltA SAvtOS <SWJ (SOlI STAft OF nanD.\. COUNtY O. COLL UB. ~.~ ..~.I......,...,..~~ ~ ..a/..... f\"O""; .........u""'~1. _,\if. \1:.itUJ"'c/..ts"Vo" cQ-~~", r~ ,.. duly lIuthoriu:d 10 I HERElY DUm" !hat on 1M tl.v ~y appellred before 1M. l" off'D!!l adrninbtcr CMI1hl-.,.d lib .w-!.:Igrnellts. HA~IA Rltl SA~10S 10 mr well known tu be the ~ described .u GUllror ind who e~tuted IN: fomgoing deed. fol'ld llClll'\OW1ed!Jlld beler. 1M thll' qJd person ~l!InIttd !he urN: ~y ....d voIU1lt.rily fOt ~ ~~ !httr=ln expIessed. . ~.' . .. WITNESS my !wid 6lld..lII tnit; MV CmtvnilSkIn bplm: /0 A. ~ 19~" 8;9.' .. . . :.. I . . lNOTAR"f."SEAI,) .. ..,.......... - floilwl/\lnWlCprtpl....1rJ G.ut"'K.W1..5OH.~"'u.. ....._~I'1rI;nIOt.ln<._......-:t:I104Q .~ . , '. .-'.' "7 , DaCal 6/12/2008: 1im.&, :h59 PM T01 @ 2.5:15144 U:A Naples Fax . *t* 2687314 ORi .,lO PGi 0252 ttt _II aman UlOIJI It moIlU ~/, II 111llUhllt. It:tlll JQIoIII I. I*L Q,JU cat 11I.....1 DC fD ..n D(t-." 1m." ,--.. ...;w .~ "-~--'1""" "-"~, 1Irtpt, MDaiI . A;rthur, Lt.P Ittoll'elt9"- .. .',.1...._. -.. .... ... J'... d.d~.. U10I ,.....1" . I 1110132000., GIMIIJ'IlUt. tI nmt ...., _lIlaflfll. IIlI'RlWllfI1.U'l!l 1I.1\I1'llltlll!!l Warranty Deed TIoIo......... Modo.... bt ... 01 ..t:.M~ _ ~tq....d 1Iel.... !fwl.tty, ""...."" ud vila otilor-..r OllUu ._oI IinD1II1Il1I QIIrQII or lItPlu I 1110., a norlOl ~A~lIIl . 2000 1.D.. 1Ielw... ,1/1IIIOII, .. __ .... iI:. U20 00'''.- Qat:. ~'f,. F''', It. !.t1OS or.. r-. 0( Co1.1J.u ...r I'lodda .aruteo. . Wf"-.-~16 .....ca.urrou....... " . "'__If _____~___ .-------~---1ZI ~ 1.10)------------.---------- ............. 'ii II .' ., ..GUJQtlItS........"ca.um:E........ l .IlA'it...,..&..~.. \.t... . ...._. ..............CIlANTB!...t:JlAH1QrI....JlIIU -.......1klJ......n -~. ............. ~..w.,.It._'l:", 1. II C01U.ar SIIII II' ft.ad.cia .... bOUtn . _ aut 110 _t "* ~aot II .11 r.... to t:M pla~ hb1!.o ~J:l'01'da d eo ta b""ta.. ""it< 20, llot. IaoIt ,. '- n. )"oF () ...... . .......,....-_1........,.............................-............"'.,. - L 1aW*-~...L . .....IlctJ ....~_........,..,...M'lllio. ......-..-..- .~. (SdI) tr _ or.Uq. '0..' lJ . " / .. ) ~L )D/.l.,t{;- -Woa '.!Itltty L.' """'" --. ,0.'''._ ftA.ft 0' nod.do COUNTY Of Cl..l..u... ,......l.~I' ..... _1ii"W..doiI bt. ..,.r ..!fwl.tt:y ud IIelAII !fwl.l:ty. hubu<l udllif. a.pt '-.. , 2000 ~ -..,.. '~~._...,.(_rJ' hkll' n~'E'.t.cla *1..'1:". 11~ ~ '-..1drIo-. ~ "'-""'1' ~ s1JZ.AN1oe1..l.E10H \...... W'I~"O:1lmJ ~.,~ 'XI'l1tJI.,.....,...JIIlI '-nRI/" ..... ... .... . . .~....... tMf JMI,loMHl'-J\WO.l paoe I 5 -"^,..,.._-~---<~~.__.._-,"'".,'"'._._.."~.,_.-- 'U__"','.w.'_"""'.",_",,,^'_."____'_". ._'n _____... , '-- ----,,,-',-,-~,-,,~-,-,~~---'~'-'---'--------'- EXHIBIT D CONDITIONS OF APPROVAL CU-2008-AR-13661 February 19,2009 I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc., and dated July 2008, as revised through January 28, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. The maximum area of the proposed building shall be limited to 34,551 square-feet of floor area, as defined in LDC Section 1.08.02. 3. The church shall provide traffic control by law cnforcement or a law enforcement- approved service provider for Saturday and/or Sunday, as applicable, peak hour traffic, at location(s) to be determined by the law enforcement or law enforcement- approved service provider 4. The southbound left-in at the project's northerly driveway may be closed during Sunday and/or Saturday peak-hours, as deemed necessary by law enforcement or the law enforcement-approved service provider, to maintain efficient vehicular traffic flow on public roadways. This shall be accomplished either by a barricade or by the law enforcement or law enforcement -approved service provider, as authorized by Collier County. 5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide a five- foot wide pedestrian connection to the site from the existing six-foot sidewalk along Golden Gate Parkway, with the exact location to be determined by the County Transportation Planning Department at the time of Site Development Plan (SDP) review and approval, pursuant to the requirements of the LDC. 6. Prior to SDP approval, a build-in-lieu contribution shall be made by the property owner to the County for the otherwise required sidewalks within the abutting 66th Street SW and 63rd Street SW rights-of-way. 7. No schools (821 I) or daycares (8351) shall be permitted on the site, except those accessory uses customarily associated with church uses. 8. Any SDP for the site submitted to Collier County for review and approval shall be a unified plan that includes the Center Point Community Church site, previously approved by PU 77-3-C. 9. In lieu of a masonry wall or fence, an enhanced Type B buffer shall be provided, which shall consist of an alternating double hedgerow instead of a single hedgerow. -- -._._-~- ., ----~._..._--_.,,- 8-8 - Consent Item Petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. a Florida Community Bank, NA - HEAVENLY PUD 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 COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-1) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93cC ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification ofthe 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 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-I Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page I of2 ._.-.. _ ..__.. ,_,M'~__~_' __~,_....~~.w'''' _.._ ...... '.. ."'.-...... .., .,,--, 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 COllilty Commissioners of Collier COllilty, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: t\((\~ /0'\ yV Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide of V ertical Building Height Exhibit G-l- Graphic Depiction & Guide of Vertical Building Height-Tract B Exhibit H - Conceptual Architectural Rendering Exhibit I - Conditions of Approval CPI08-CPS-00840\60 2/25/09 HF AC Page 2 of2 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I February 23, 2009 Page 1 of17 ,-- -- ._.._-,.,._*..--_.._-,,~..__.,- EXHIBIT A GENERAL: Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code (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, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED 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: A. Principal Uses: I. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-KJKindergarten / School, limited to 1st through 3'd; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. February 23,2009 Page 2 of 17 (TRACT B) PERMITTED 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: A. Principal Uses: I. One Houses of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K!Kindergarten / School, limited to 1 st through 3'd; with no more than a combined cumulative total of 220 students/individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. February 23, 2009 Page 3 of 17 EXlllBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD 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 site development plan (SDP). MIN. DISTANCE BETWEEN STRUCTURES -- MAXIMUM ZONED HEIGHT '1 PRINCIPAL USES ACCESSORY USES __n_ .. 14", acres N/A - -- - ----- 538 ft. N/A ---,. '----------------, . .- -~-- e greater of 30 ft. or the zoned height SPS structure. SPS ft. for expanded portion Oft.; except, 50 ft. from Trail Boulevard SPS - __'nO ___ ..,--'-..----- --.'-'----....--.--- 30 ft. SPS -- -...---------------.----,---- .- 'he greater of 15 ft. or V, the sum ofthe SPS -- - zoned building heights ---_._~ 35 ft. 35 ft. (IU) --- -- -- .. .. ""---50 n.li )(2) --~_.- 50ft(lTTTO) ! 2(J) 2 I SPS ----.----....------- -- 2,500 sq. ft. 400 sq. ft. -- --,--,_.- --.----------- .- , 28,000 sq. ft. 40,000 sq. ft. , 12,000 sq. ft. , -- _____.'___'..__._.___.n 25 ft. i 25 ft. , __on __on _____.._____.._____________ _.__~_ MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (from right-of- way line abutting the property) Existing Th of Expanded buildings(5) 50 New structures 20 MINIMUM YARDS (between tracts) Side MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES New Existing/Ex anded MINIMUM FLOOR AREA , I MAXIMUM-SQUARE FOOTAGE(4)- I House ofWorship(6) : Accessory U ses(7)(9) , I Circulation/Maintenance/Storage I PRESERVE SETBACKS(8)--" T .. .u _....L_ SPS= Same as Principal Structure (I) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is cstimated to be between 4 feet and 5 feet. Maximum actual height of the house of worshiQ may be exceeded by up to 30 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0] .D.l, as may be amended. (2) February 23,2009 Page 4 of 17 (3) (4) (5) (6) (7) (8) (9) (10) A. The maximum combined square footage of such building elements shall be 4,000 square feet. See Exhibit G for graphic depiction of vertical elevation measurement. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPUD exceed 100,000 square feet. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. House of worship square footage not utilized shall be available for accessory uses. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDP A application. The Child/Adult Day Care/Pre-K./KindergartenlSchool use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height, Buffers I. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. February 23, 2009 Page 5 of 17 .,. '~"".'."-"""-~'--'-" ~~''',>~. - (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress-egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space The project will provide and maintain a mllllInum of 30% of gross project area [i.e. not less than 4.8*acres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3* acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3* acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (I) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed thou h the ro'ect to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then ultimately to the Gulf of Mexico. Water management areas required for the existing facilities that arc to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be February 23,2009 Page 6 of 17 located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow nul off from the existing roads adjacent to the project to flow throu h the roO ect to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs may shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the first SDP. 1. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract February 23, 2009 Page 7 of 17 . "^.~..--._-'.__......-.'-' A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. 2. Adult care: 3. Non-worship use of the facilities: DEVELOPMENT STANDARDS FOR TRACT B Together with the text that follows are the development standards for land uses within Tract B of this CFPUD 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 site development plan (SDP). PRINCIPAL USES ACCESSORY USES . -' . -~ ._--~ .~., .- MINIMUM LOT AREA 1.9ct acres N/A ---, MINIMUM LOT WIDTH 236ft. N/A MINIMUM YARDS en --~--_._- ._._.~.._- --_..~_. -.-... --.......-.,---.-....,- ._ _..' _ 0__'_.. _..__...____._._,__.__._~ u_._~_._.__ ~. _._-~_._--~, --_._---.,.,-.-- --.----.-,--... "-'-, .~-_.__.._-----_.- ------------ ..... Front Existing The greater of 30 ft. or the zoned height of SPS structure SPS Expanded buildings(7) 50 ft. for expanded portion SPS New structures 50 ft. ---------- ---- ..---- Side SPS Existing 20 ft. New structures 30 ft. .-. ~ MIN. DISTANCE BETWEEN The greater of 15 ft. or Y; the sum of the SPS STRUCTURES zoned building heights - n"__' MAXIMUM ZONED HEIGHT 35 ft 35 ft. - MAXIMUM ACTUAL HEIGHT 45 ft.'l 45 ft. MAXIMUM NUMBER OF STORIES i3) 2 . ._~. -----.--. .-...._... ...-------.-.- --......-------.. . - . -... MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. ____n_ --------- .-..-- MAXIMUM SQUARE FOOTAGE (4) House ofWorship(51 5,600 sq. ft. Accessory Uses 12,400 sq. ft. Circulati on/Maintenance/S torage 2,000 sq. ft. -. - --------....-------..------------...-..--- --.-- February 23, 2009 Page 8 ofl7 SPS= Same as Principal Structure (I) (2) (3) (4) (5) (6) (7) (8) (9) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. House of worship square footage not utilized shall be available for accessory uses. The maximum square footage of any individual room shall be less than the square footage of the house of worship. Expansions which add square footage to any existing individual building are limited to cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square-footage of all structures on Tract B do not exceed 20,000 square-feet If Tract B and Tract A are owned or controlled or developed by the same person or entity, there will be no direct access to or from West Street. A. Buffers 1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently with the redevelopment improvements in their proximity. All right-of-way perimeter landscape buffers shall be installed with the first SDP for a new permanent building on Tract B. 2. All required buffer trees along Ridge Drive and West Street shall be shade-lrees Quercus virginiana. 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking Jots and to meeting arterial level requirements at ingress. egress drives. BoIlards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways February 23, 2009 Page 9 of17 .-,^-....._,-_._..,.._-<_.._.,..'"^_.,-._--". Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with the reconstruction, replacement or demolition and removal of the existing buildings. Thereafter, the ingress-egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8"=acres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3"= acres 1 as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross area of Tract B. E. Water Management The existing 3.3"= acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (I) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surfacc water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed throu h the ro'ect to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then Pelican Bay ultimately to the Gulf of Mexico. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non-cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry watcr management areas and not less than 1.5 inches over the entirc project. The balance of the projcct's storm water management capacity shall provide compensatory water quality for the portion ofWcst Strcet adjacent to the project. February 23, 2009 Page] 0 of 17 The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be ] 00. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. I. Hours of Operation Restrictions: ]. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and ]0:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for accommodation of special functions. 2. Adult care: 3. Non worship use of the facilities: 4. 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IIi! 3 -4<l<l f:.!1 ~ ~ l> !l,~ . o ~ < ~ u ~ ojffi ,.<> m"'~ 5:~:r ~~~ 'M ~ ~ .' 1---'--'--" .0 0 f ~ I '0 , i' 1 ",' ~; <( t!i ~o ..:ii .'8 >-il CQ ~ ~I L.~_. _._ o ~ . , , " .. 5 (~ ~ f :ii i ~ ,. , ' '! ' ; ~; lill i ~,. ~ ~ IH f ! ..~ "' =r" ," I i '~; ~ ii~:~!~ ! I' , ill il ~ I;!, I'! II , "I, 'I ~.- Il II 1 [!, lI" i~ in.! II ,. '1" I. 'I' ',I ; Ii !i' I; ! ~ I i,IIII, r.j '11 ----..-..... .. ..... ~ ~ z Lj u ~ ,." >-.. me:: ~ J:~ ., x ~ '" w < > ~ I ., II ! A.2 .!:. ~ ;:: ~ ~ "g : ~-:o ~l-' !J ~ 1..3 ..; Ijl' I I Iii 1 , I < > . ! " Ol:-c ";; " (:: i'_1 ...... "'" :::E .:- ~ ..... ';:f. n ,&;1 1il '1 i h " '" ' . A'il Il1:I ' , J\ ii' i I 1 ~ - i i I! l . 1 !I 'I ~ EXHmIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009, 67285280002, 67285360003, 67285320001 LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. February 23, 2009 Page 13 of 17 _ ""'_'W"_"_._._.~_"..._"~___.,,.,____ ._.... __._ EXHIBIT E LIST OF REQUESTED DEVIA nONS FROM LDC (TRACT A) ]. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type 0 Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and 8; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopyl shade trees. 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Rjdge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. 5. Deviation #5 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SOP, the buffer would not be required and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. February 23, 2009 Page 14 of]7 (TRACT B) I. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. February 23, 2009 Page 15 of 17 . .,..,^"__............,~_,_............"...~.'-'"._.'_~,;,.,~,~_"._~.-..""__.. .".,..."4~. ~._,_."....,._ ~_'" <.".. "-," EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) I. The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with anew lake(s) and associated dry water management areas' , b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured trom the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A west bound turn lane on Ridge Drivc, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre- K/Kindergarten / School, limited to 151 through 3cd, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (110 for the entire CFPUD), until US 4] turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of 853 tor the entire CFPUD and the 110 person Child/Adult Day Care/Pre-K/KindergartenJSchool limited to 151 through 3cd for the entire CFPUD is reached, a supplemental traffic study will bc donc to detem1ine the trips originating or leaving the CFPUD through the neighborhood {"th".J)ase"), The traffic counts for this supplemental traffic study will he taken during the first quarter of a calendar year to more accurately portray peak season loading and February 23, 2009 Page t6 of 17 will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 220 and/or the additional I 10 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragram 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) I. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee. 2. A payment-in-lieu-of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. 4. Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9 p.m. February 23, 2009 Page 17 of17 - ,,-,..,,-_. '~"~-~"-'<-'"^'-'-'""'- ,', .._........w.,...,~.-.._.< ."---------- I - , ~ . 2 u <>: o v, ~!= ! , .......~ .- .- ~ -------------. ". Roof Line / .- .- ---------- .. - ~.- .-- / ~ -.........- .......-..-Ol. , , t - Adjacent Avemge Centerline Road Elevation Front Elevation =Jl~c." .------------------- ". -~----~ Penm!ted Exclusions limIted to 4,000 s.f. Maximum -I , , ./-j .~ ,........-- .. - - L__ EXHIBIT G lOB CODE: HCFPUD SCALE: [-"'30' . , - u <>: c v , I I , .------'------ I 1 , I I I' , , I .L Adjacent Avenlge Centerline Road Elevation Rear Elevation DATE: 12.2,08 FfLENAME: E.:hjbil (J . ,I .~~~., ".- m , 1 o c. '" 1 -~ ----. MId Point of Roof 1 .. 0: ~ o C o N v I ~ - -.----.JJ 1 o " '" 1 ----- Mid Point of Roof .~- 1 ~ - 0: ~ u C o N v j Q. GRADY MINOR & ASSOCIA TES, P.A. (.'I\'ILlN(;It'EU~' U,NOSURVlYt}RS. rL^";;ERS. LMIOS(,M'f ^~aIITKTS ",,"~>s...IN(;, . ",.",,-,., . ,",,"..on "....~ ,~ -,,, -'<0" "",,"'.'U ...._""_......--"'~- .--- ,.. ..p., ,,,.,".'., '-<",,' ",',.' ~." "'''' ,v.,.,'_. "'I"W GRADYMTNOltm'>t -' " ::> 0:1- WUI- >"J: 0,;'" . ::>w ~:2:I ~- :;; ,; NON.OCCUPIABLE BUILDING ELEMENTS ELEV. = 52'.0" MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD ELEV. = 45'.0" MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV. = 35'-0- FINISH FLOOR HEIGHT ELEV. = 0'-0" AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX. ELEV. = -4'-0" A GRAPHIC EXAMPLE OF "TRACT B" - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" /" A Graphic Example of "Tract B" Florida Community Bank Collier County, Florida DATE: February 18, 2009 " "}('" "'.,' ,"', HUMPHREY'ROSAL ARCHITECTS 3200 9TH ST. NORTH (239) 263-4201 SUITE #300 FAX (239) 263-4451 NAPLES, FLORIDA 34103 '- -,." '~L'~: ~".,., [",,/.-j,bl1- 6 -- I Exhibi t H Conceptual Architectural ;~~~~>'~l~)..t.f;;~ "~IJ q. ::: ." . .........< +:,P~..i: l , .,. ,., ,.,..., '. -. ..'Ti "'...., t I '..~ "', li I I II . . '~"'" - ,",. ., - .~- . '-'. .. \: , , , , .. /?" " / \ , . , , , , \ -- , , . \ , /~. J . , --- * 'Jhis ardritB::l:ural :rm:h:inr is =nP:m.1. M:di.:Eimtilm ITEIY I::e na:B <6 :r:aJ.linrl to I::e crrsi.stml:: Hith cgilii:iliJe cp.a:rmri: IEg.i!at:ias , I , , , EXHIBIT I CONDITIONS OF APPROVAL February 3, 2009 ]. Any plan submitted pursuant to this CFPUD shall be in substantia] conformance with the approved conceptual Master Plan entitled "Exhibit C Master P]an," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through January ]6,2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.] 2-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on.site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 4], which is located at the stub-out in the median separating Trail Boulevard and US 4] as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-4], or as a stipulation of Phase Two improvements, whichever occurs first. . _ __..... .__ ,"___' "__~,_~__'.,,_~_,,,,""~U'"~_"~"_~_'_"_" _,~,,_"'__"_<'~~"'~',,"._' "'_"""",w,_,,~~,'''''' .._". ""_"~_'"_..__~~M_..."."~"""",,,___ _.. .. fytN' :- < ERRATA SHEET FOR HEAVENLY CFPUD MARCH 5, 2009 CCPC CONSENT AGENDA 1. Page 4, footnote 2 should read 40 feet not 30 feet. 2. Page 6, third paragraph in section E there is a typo. The word "though" should be the word "through." 3. Page 16 of 17, move the parenthetical definition, "the base", to after the term "CFPUD" in the 2nd line of the last paragraph on page 16 of 17. 4. Page 17 of 17, change the numberfrom "220" to "347" in the 5th line from the top of page 17 of 17. 5. Relocate item number 4 applicable to Tract B from page 16 of 17 to item I. 5 on page 11 of 17 and have it read as follows: Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to 2 times per month for accommodation of special worship functions. 9-A Petition: PUDZ-Z007-AR-113Z0 Sembler Family Partnership #4Z - McMullen MPUD <-:0 er <- :Ou.nty ,,~,;;..:~ ~~:;;;.'" A'-~'! _ "" t:~' - ~.--- ,,,,:::',T~1':':::.:~~':'~:;::~-:::::.:J STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 5, 2009 SUBJECT: PUDZ-2007-AR-11320 MCMULLEN MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/AGENT: Owner: Mr. Gregory S_ Sembler, President, Sembler Retail II, Inc. General Partner 5858 Central Avenue S1. Petersburg, FL 33707-1716 Agent(s): Robert J. Mulhere RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive, Trianon Centre- Third Floor Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 19-32010 acre site from the Rural Agricultural (A) Zoning District to the Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the McMullen MPUD. GEOGRAPHIC LOCATION: The subject PUD is located approximately one half mile east of the northeast quadrant of the Collier Boulevard (CR 951)/Rattlesnake-Hammock Road (CR 864) intersection, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See location map on following page) Page 1 of 21 ..__.....~.__.- ..---.--,..- '-'"",~",..~"_..-~-' '" " ~ , 'J,. " c, 00 Xl '3 > . 0 " ::i:'" q:8 ~ ^ <( 0 0 " C 0 , '" ~ 0 " , ~ W ~ ~ < " ~ " C , < < ~ 0 " 0 ~ w T " .---- , l'v'Nv'J '" , " J'vL lTJ~ltd is z o w >-!;' 00" o ~ Ii " " . . i' , . ,. , <( , , , , . I' " , , , : lNjV\'3SV] ~ , , il . -1 ;! " . , '" , " I ~I ,.r; "" ~..! "z <>:"J '" "u " "- " 0'" o~ >w >> <> IO U (:S6d':)) Il~1 ~ 0 w 0 " u C <>=. u __-___ ----------~_::::~ a.; n ~ " :7 ~ " < " z u o , , . , . . . . . . . . . . . , , I I I . < . . L e, ,. ." , if , . , < , . " ! -., ~!L .-. , ~ ~:i I !. " -, 0., So '., g~:i'", '~fie ~Bai5 c.<DC>U . . :::~ .0 'I L~ j . , !: ., !g ,. 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"' ,,'';:l''::) "'C'; -<.~ '\"'-0:1:_ o;;."~ "' .".l'C'" 0"''''-,.''' ," -<" ,'co.......,,,, "'.'=-,.-, ['-',,,r "'''r'='' "'." <" """',:,,,," Sn';", ''''''-''> .co--,,,, -"sm ,,,,'" " .~.~ . c > " "I.' ^'''' -' o 0> ;;o~ --- , 'J) C ,-" " " , , ""--------..--~~ .- IA5' ,Wi. .<i"'l'I",SI QlIA~":" , , --- .__~~,~,__.L, ~_" ~._~._.~-~-, U_..._.,,_ -_._==~~~~ ------"~-.~.~ -- ~ ~ " C -U n '" Pi ? ~--- .--____.____..__m__ , '-j ,-:', " c --, en l'fTl " " ';:~ " -" , " :1 'I 1'.- , ~ I , .' , , .le .. , I , -'A .~ zi'i-g'" ..., .. , . I , " :~ , , , , ;T~~ "'c''''';:,, _~J . , , , , "'~,z "- , , I 'i'i-,. o z~ , , ~ >- c .~ , , , o,~.. 0'" " , , . , ~! . < " c . , "1 ~ , - , , , , I , , , '<1'< "' ",,' (u....'" I !'I<aJElT DlXT ^ mC~i=~tiOO ".., SEMBLER F AMIL Y ."Ar'."",'~ " "' " , PARTNERSHiP, LTD I McMULLEN MPUD ,~,-",."" .._,,~ ';"~'-"'''jr'' "om I CONSULTING CivilEngirn:ering 'u,.' "'"'''''' Tmr- EXHIBIT 'C .&. '-, ,.I.. ..... Surveying &. Mapping ,""macrl."" .'~.-''''.1>' CHWE~ ,1I,1PUD A1ASTER PLAN ..".....'..D,"'.'~.""__"". ""''''''''''''"'''',,,,-007> .'m~...... ""'c.""....."""",,.,,."''''''' :".",.-,,,,,",,,,,,,,,,, , , , , nrrs ~ _\'> , , -co .uUJ ''lC- T]1.i' "r-,5: ",S: c , ~ " ,~ .".t' o " , ;j] " ".,<:: " ~ ~~ " , , ""l/; ,,'-'1 , , , 7 " ":J " -'.1 ,-~ ", .-; , "" ,_"coo (n'~ (.') "-, '.J '..' ':'-'0 " " , , , J" > ".,. > -) ,--, " ..I 7 " , , " " , - TI ;~ iI'''' :1/1 M .~ 1'< I""' ir- In o I:~ ". " , , , I I,' '-.0 I ----1 ': ','1 , - '.,0 o , ~ z " c " c " ;0 L - 'J , ~ > C' o .., '" < c " ,~, ) ,-' ell '~ .. '" j'- ,-, , , , , " /-- 7 ,,\ -~\ , , , /- , ' ,I'i" , "' ~ ,~~ II '" I , .. ""I, ',:.~ "~~ , . , , . , . 0"_ ,,' , , , , " <;,-;; " ,~ . , ~ ~ > n ~ '" '" 00 "", '00 co'; , , , " " , , , , , , w , , , ,---, , , ,'i " " " " I"~ " , , Ii " " ,'~ " " " " ,,' !I , H 9~ ~!, , , , , , ~ " f"'1 ~ ~ ~ < c, I , , , '" co n c_ ,TI " -.., I , " .. , " " , . , j '\\1' 1',1 f. :, , , I~I ~ ~, "~ i ,,1 ,.~. "1 .'1>', ,,~ '-I o~ ~ "~,' , ~~, I I'UO<:WA/,lP BUGGY O'YS z" " ,- " '" ,,<OJ " ",,,,,,,,,, O~"':rm '-"ood r ~ '-....~~--- c c. \"[I'<R'Ww,,!.1' ,;;;.. , ", I ,----- f~r , L?j'" I ~:" , , PURPOSEIDESCRIPTION OF PROJECT: The subject site is currently vegetated and undeveloped. The proposed Mixed Use Planned Unit Development (MPUD) allows a maximum of 185,000 square feet of commercial building floor area including limited "hcavy" commercial uscs, contractor/builder offices; architectural, engineering land surveying and attorney offices. These offices are limited to no more than 50 percent of the 185,000 square feet of building area. Personal indoor self storage facilities are also proposed and these facilities are limited to no more than 50 percent of the 185,000 square feet of the building area. The MPUD proposes the following accessory uses: warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limitcd to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores. These will be accessory to offices for various contractor/builder construction trade specialists, or accessory to warehouse space for various contractor/builder construction trades occupants, The MPUD also proposes offices for management associations of various types of properties, fitness centers with no limit on their building arca, medical offices and medical related uses of up to 124,600 square feet, a maximum of 48 multi-family dwelling units, or some combination of commercial and residential development, and care units consisting of independent living, assisted living and nursing homes. The intensity of the care units shall be limited to a floor area ratio (FAR) of 0.60. The proposed care units may have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses. All of the characteristics must be provided for and maintained in order to bc considered a care unit: · There shall be on-site dining facilities for the residents, with food service either on-site or catered; . Group transportation services shall be provided for the residents' needs; . There shall be an on-site manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; . A wellness facility shall be provided on-site to provide exercise and general fitness opportunities for the residents, There will be two development tracts. Tract A may consist of commercial development, or commercial and residential mixed-use developmcnt. Tract B may consist of commercial development, or commercial and residential mixed use development. Buildings containing residential land uses only may only be developed in Tract B. The buildings in Tract A will have a maximum zoned height of 50 feet and an actual height of 62 feet The buildings in Tract B will have a maximum zoned height of 40 feet and a actual height of 50 feet. The 3.23010 acre preserve area along the north property line is approximately 100 to 142 feet wide. The landscape buffer along the east and south sides of Rattlesnake Hammock Road (CR 864) extension right-of way will be 20 feet wide, and along the west property line adjacent to the FPL easement, the landscape buffer will be 10 feet wide. Page 4 of 21 The MPUD Master Plan depicts a land use tract and a land use area, preserve areas, potential lake areas, and landscape buffer areas. The MPUD Master Plan shows that Tract A is 10,22010 acres and Tract B is 5.00010 acres, Another .87010 acres is a proposed right-of-way area. Along the northern portion of the property, 3.23010 acres will be set aside as a preserve tract. The site will be accessed by two ingress/egress points from Rattlesnake Hammock Road (CR 864). The MPUD Master Plan also depicts along the eastern boundary a future vehicular/pedestrian/bicycle interconnection to an existing vehicular driveway, There are no deviations being sought as part of this MPUD rezoning petition. SURROUNDING LAND USE AND ZONING: North: Undeveloped land, with a zoning designation of Agriculture (A) East: A vehicular driveway, then the 129010 acre Swamp Buggy Grounds Planned Unit Development (PUD), and the proposed Toll Rattlesnake Development of Regional Impact (DRI/PUD), a 2,252010 acre MPUD consisting of residential, golf course, 550,000 square feet of commercial, 100,000 square feet of retail, and sports attraction land uses South: Rattlesnake Hammock Road (CR 864) extension, then undeveloped land, with a zoning designation of Agriculture (A) along with the proposed Toll Rattlesnake Development of Regional Impact (DRI/PUD) a 2,252010 acre MPUD consisting of residential, golf course, 550,000 square feet of commercial, 100,000 square feet of retail, and sports attraction land uses West: A 170-foot wide Florida Power and Light (FPL) easement, then undeveloped land, with a zoning designation of Hammock Park Commerce Center PUD, approved for 160,000 square feet of commercial and retail uses. Page 5 of 21 _"_ .__.___.,____~,,__.,".~.,__, ,," _ _ m__~~._".__".~.~'"_._, . -- ._..._.,.~<-,,-- " SUBJECT PROPERTY AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is generally located in the northeast quadrant of the Collier Boulevard (CR951)/Rattlesnake-Hammock Road (CR864) intersection, and more specifically located as follows: . adjacent to and west of Swamp Buggy Days PUD; . east of and adjacent to the Hammock Park Commerce Center PUD, approved for 160,000 square feet of retail and office uses, and, . adjoining the north and west side of the existing easterly extension of Rattlesnake- Hammock Road/Sports Park Road east of Collier Boulevard. The subject site is designated Urban/Urban Commercial District/Mixed Use Activity Center Subdistrict [#7], and Urban/Urban Mixed Use District/Urban Residential Fringe Subdistrict, both as contained in the Future Land Use Element (FLUE) and depicted on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The project is reviewed within the context of both subdistricts. Mixed Use Activity Center (MUAC): Via a private sector-initiated GMP amendment (petition CP-2002-1) approved in 2003, the subject MUAC (#7) text was amended to read as follows: "The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Page 6 of 21 Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. With respect to the 19+/- acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities - this use shall occupy no greater than 50 percent of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50 percent of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers," GMP amendment petition CP-2002-1 was submitted as an expansion of MUAC #7 with data and analysis to justify the provision of C-5 type uses to support the development industry; the petitioner asserted there was an inadequate supply of undeveloped C-5 zoning in this general area to accommodate contractors and builders. The petition was purposely not intended to accommodate the full array of C-l through C-5 commercial districts like other MUAC's, such that a community shopping center, general offices, general retail uses, personal services, etc" could not be developed here. The original submittal of the petition, as modified by staff to correlate with the submitted data and analysis, included very specific uses and building area caps (40,000 square feet of personal self-storage facilities; 70,000 square feet of offices for various contractor/builder construction trade specialties; 75,000 square feet of warehouse space for various contractor/builder construction trade specialties). However, just days prior to the Collier County Planning Commission (CCPC) transmittal hearing on the petition, the petitioner advised staff of a desire to expand uses, then at the CCPC hearing the petitioner provided revised text with expanded uses and the individual caps replaced with an overall cap of 185,000 square feet. Despite staffs recommendation to the contrary, the amendment was ultimately adopted, albeit with some additional text modifications, It is important to note that one use is restricted to serve only certain other businesses; specifically, "warehouse space" is only allowed "for various contractor/builder construction trades occupants" so it is not available to other users. And, one unique provision for this site is the allowance of "related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores" as accessory uses, only accessory to offices for various contractor/builder construction trade specialists OR accessory to warehouse space for various contractor/builder construction trades occupants." The rationale is that these related uses should be allowed within a single development - these businesses that provide goods and materials needed by the construction industry could be located proximate to construction industry businesses, such as building contractors - but would not serve the general Page 7 of 21 --, ....'- .. " -~-_.~~--,_.'. ' ___ ",.,_"._",__w,....~_. public. This goes back to the basic premise that this site was not intended to contain retail and general office uses to serve the general public, rather intended primarily to serve the construction industry. The square footage caps contained in the MUAC text are maximums; lesser building area could be imposed through the rezoning process if deemed appropriate. For example, it may not be appropriate to allow as much as half (50 percent) of the building area to contain offices for architects, engineers and surveyors, especially if the balance of the uses are solely or mostly not offices of contractors and builders. Because the specified stores (building materials, garden supply, etc.) are only allowed as accessory uses, it is appropriate to impose standards and conditions to insure they function as such (e.g, limit building area, restrict vehicular and/or pedestrian access, limit or prohibit signage, etc,). Further, because they are accessory only to specified uses herein, restrictions must be included to prevent these uses from serving other types of businesses and the general public. Though redundant, the text from MUAC #7 is listed again below; it is followed by staff analysis in bold text within brackets. · The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers, [The subject site is located within the 59 acres in the northeast quadrant; the entire site is eligible for certain commercial uses as specifically provided for herein, as well as other land uses generally allowed in MUAC's, e,g. support medical uses (addressed below), residential uses (A, 1, on Exhibit A), care unit uses (A.23. on Exhibit A)]. · With respect to the + 19 acres in the northeas1 quadrant of Activity Center #7, [This is the site ofthis proposed McMullen MPUD,] · said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: [Support medical facilities/uses are included in Exhibit A as items A,3, A.l 0, A.l7, A.18, A.20 and A.21 and are denoted with a double asterisk and the uses are found to be consistent. However, "support medical facilities" are restricted to locations as described in the Urban designation of the FLUE. See further analysis later in this memo.] · personal indoor self-storage facilities - this use shall occupy no greater than 50 percent of the total (185,000) building square feet; [This use is included in Exhibit A, item A.9 with a quadruple asterisk and governed by the 92,500 total square foot cap as shown on second page of Exhibit A, and may be found consistent] · offices for various contractor/builder construction trade specialists [These uses are included on Exhibit A as items A.4, A.5, A,6, A,7 and A,24, and may be found consistent.] Page 8 of 21 . inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50 percent of the total (185,000) building square feet; [These uses are included in Exhibit A as items A.2, A.ll, A12, A.l3, and A.14 with a single asterisk and limited to a cap of 92,500 square feet, and may be found consistent. As noted earlier, it may be appropriate to limit the building area devoted to these uses to be more restrictive than the cap specified in the MUAC.] . warehouse space for various contractor/builder construction trades occupants;" [This use is included on Exhibit A, item A,8, and is not subject to the 92,500 square foot cap, and may be found consistent.] . mortgage and land title companies; [These uses are included on Exhibit A, items A.19, A.25 and A.26, are not subject to the 92,500 square foot cap, and may be found consistent,] . related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants;" [These uses are listed on Exhibit A, items 8.2, 8.3 and B.4 with three asterisks denoting their use restriction, are not subject to the 92,500 square foot cap, and may be found consistent. As noted above, it is appropriate to impose restrictions to insure these uses function as accessory uses, only serve the specified users, and are not open to the general public,] . related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants;" [These uses are listed on Exhibit A, items 8.2, B.3 and B.4 with three asterisks denoting their use restriction, are not subject to the 92,500 square foot cap, and may be found consistent. As noted above, it is appropriate to impose restrictions to insure these uses function as accessory uses, only serve the specified users, and are not open to the general public,] . management associa1ions of various types of buildings or provision of services to buildings/properties;" [This use is included on Exhibit A, items A15 and A16, is not subject to the 92,500 square foot cap, and may be found consistent.] . and, fitness centers," [This use is included on Exhibit A, item A.22, is not subject to the 92,500 square foot cap, and may be found consistent.] More generally, the FLUE lists 12 "factors to be considered during review of a rezone petition". In an email from David Weeks to Bob Mulhere dated 2/14/07, it is explicitly stated that a market study is not necessary (based upon the GMP amendment approved in 2003 for this site) but all other factors "need to be addressed in the submittal" and that these remaining factors need to be addressed via analysis/explanation and, for one or more, submittal of data/maps. The petitioner addressed these factors - as well as FLUE Objective 7 and policies pertaining to smart growth principles - in letter dated July 27, 2007, from Robert J. Mulhere, AICP, to Nancy Gundlach, Page 9 of21 ,...._-~~--~-~.--'"-,_._.~.- ,,- _._.__._,.'"-"---_.~.__.<----.-._,~_.~.--_. _'"_""_"'"M'''_'_'_~_'__''' _ , AICP, Principal Planner. While staff does not agree completely with all responses provided, staff does find them to be adequate. The MUAC Subdistrict promotes mixed use development, and specifically states: "mixed use projects are intended to be developed at a human scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential. Street, pedestrian pathways, and bike lane interconnections with adjacent properties, where possible and practical, are encouraged." Staff notes the proposed MPUD: allows a mixture of residential and commercial uses, though some of the commcrcial uses are intcnsivc; docs not include interconnections with adjacent properties to the north and west, but this appears to be due to prescrve locations both on-site and off-site, and the site abuts a road to the south and east; Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide interconnections to the east (presently the site abuts a local road to the east) and to provide internal interconnections; does not request deviations from LDC requirement to provide sidewalks; building heights are allowed at 50 feet in the commercial/mixed use tract, however, this project does not - and cannot, per the Activity Center text specific to this site - allow many of the typical cOlmnercial uses (neighborhood retail and personal service) that would be mixed with residential in the same building. This leads to a possible compatibility issue - the allowance for mixture of intense (C-5 type) commercial uses with residential development. Other subdistricts within the FLUE that allow and/or promote mixed use development limit the conunercial use intensity to C- 3 uses. In the LDC, only the C-1 through C-3 districts allows mixed use via conditional use. Just because the MUAC Subdistrict allows mixed use does not mean it is appropriate to approve a development containing mixcd use of such disparate intensities. Density for mixed use projects may be calculated utilizing the entire acreage within the MUAC, in this case the entire 19.32010 acres in the MPUD, The MPUD does so. Urban Residential Fringe (URF): Residential density is limited to a maximum of 1.5 dwelling units per acre (DU/A), or up to 2.5 DU/A via the transfer (Transfer of Development Rights-TDR) of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending Lands and located within one mile of the URF. Exhibit B of the MPUD provides for the base density of 29 units (1.5 DU/A) and the use of TDR's to achieve maximum density of 48 units (2.5 DU/A); specific standardized text regarding TDR's has been added to Exhibit B, as requested by staff. [Exhibit B, page I, does corrcctly address the residential density limits (29 multi-family dwelling units without TDR credits and 48 dwelling units with TDR credits) as provided for in the FLUE, and may be found consistent] fuillport Medical Uses: Throughout the Urban dcsignation, the FLUE provides for support medical uses as follows: "Support medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research centcrs and medical rehabilitative centers, and pharmacies - provided the dominant use is medical related and the site is located within V. mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities." [bold emphasis added] The petitioner originally submitted a to-scale exhibit depicting the 'I. mile distance from the entire north border of the Collier Regional Medical Center PUD; this showed that a portion Page 10 of 21 (+'Iz) of the proposed McMullen MPUD lies within this V. mile area. The petitioner asserts the entire PUD is eligible for these uses if any portion of the subject MPUD is within the II. mile area. Staff disagrees with this position and is of the opinion that such a reading would result in the entirety of any given project of unlimited size (50 acres, 250 acres, larger) qualifYing for support medical uses so long as the slightest portion of proposed project were within the II. mile area - potentially hundreds of thousands of square feet or even millions of square feet of such support medical uses, If determined appropriate by the hearing bodies, a GMP amendment should be undertaken to clarifY this V. mile provision; however, staff does not believe such clarification is necessary. Staff notes the FLUE text specifically states the support medical uses "site is located within II. mile," that the point of measurement is to be from "the nearest point of the [hospital] tract" and "to the pIQject boundaries of the support medical facilities." The text explicitly states to measure from the nearest point of hospital tract but does NOT state to measure to the nearest point of support medical facilities tract, rather states to the project boundaries - plural - of the support medical facilities tract. The intent and plain reading is that the entire support medical facilities tract must be within V. mile of the nearest point of the hospital tract. Only a portion of the proposed MPUD will lie within the V. mile measured area, thus qualify for the support medical uses. As to the point of measurement from the hospital tract in the Collier Regional Medical Center PUD, staff originally posited that such measurement should be from the area labeled Tract H, Hospital, on that PUD Master Plan. However, after closer review, staff agrees with position taken by the petitioner's agent during a personal conversation that said the tract represents the actual building footprint, not the tract boundary. Staff now supports measurement from the point at which the northerly line of that PUD, running east from Collier Blvd" reaches the easterly FPL easement line where it runs north-south (at the northeast comer of the square-shaped tract that contains the hospital, vehicle use and water management areas - and west of the rectangular area containing large preserve, medical office, vehicular use and water management uses). [This portion of the MPUD is found to be inconsistent with the Urban Designation due to the lack of inclusion of the geographic II. mile limit of medical support facilities within the PUD document but may be found consistent IF such uses are restricted for location consistent with the V. mile limit Such V. mile limit should be denoted on the PUD Master Plan and the support medical uses listed on Exhibit A should note the location restriction. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the rcsolution of the location of the medical related land uses will ultimately be made by the Board of County Commissioners (BCC) as they determine GMP consistency,] FLUE Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code." The Zoning Staff is charged with making that determination pursuant to the criteria set forth in the LDC and the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. As noted previously, there is some cause for concern with the allowance for a non-traditional commercial/residential mix of uses since this PUD does not allow the typical C-1 through C-3 Page 11 of21 ,'_ _"'_"'___~~~n.~,_'~.~.~_ _._ __. ,,_ -----"-~-----_.."'.,. - retail, office and personal service uses, rather provides for C-5 commercial uses (e.g. self- storage, warehousing, offices of contractors), FLUE Objective 7 and relevant policies are stated below; each policy is followed by staff analysis. 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. [The proposed PUD does not presently abut an arterial or collector road. However, in Exhibit E, Developer Commitments, Section A,2, the developer commits to provide right-of-way for the future extension of Rattlesnake-Hammock Road and construct the north two lanes thereof, a collector road as identified in the Transportation Element.] Policy 7,2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The PUD Master Plan is very general and does not depict land use tracts or internal transportation features. However, Exhibit C, MPUD Master Plan, shows a total of three access points; by default, if multiple lots/tracts or projects are developed, they will have to have internal access. Also, Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide internal interconnections.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, MPUD Master Plan, does not include interconnections to properties lying to the north or west, due to the location of on-site and off-site preserves, and does depict access to the east (presently the site of a local road), Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide interconnection to the east.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [No deviation is requested from the LDC requirement to provide sidewalks; therefore sidewalks will have to be provided as required. Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide internal interconnections and connection to the east, including for pedestrians and bicycles. Only a maximum of 48 units are proposed, all as multifamily. The MPUD Master Plan includes 3.23 acres of preserve. Page 120f21 Economic Element: Via provision for support medical uses, this MPUD is consistent with Policy 1,2, which states, in relevant part: "Collier County will support the opportunity for development and establishment of ... additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the County." REVIEW OF PUD EXHIBITS: EXHIBIT A: The Principal Uses listed below are appropriately denoted as the "support medical uses." The double asterisk footnote shall be modified to indicate these uses are only allowed within the V. mile distance area, as determined by staffs application of that FLUE provision OR these uses shall be deleted, Petitioner disputes how to measure the II. mile distance and asserts the entire PUD is eligible for these uses. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the resolution of the location of the medical related land uses will ultimately be made by the BCC as they determine GMP consistency. A.3, Drug Stores and Propriety Stores (Group 5912); A.IO, Hospital and Medical Service Plans (Group 6324) A.17, Medical Eq:mpment Rental and Leasing (Group 7352); A.18, Medical and Dental Laboratories (Groups 8071 and 8072); A.20, Nursing and Professional Care Facilities (Groups 8051-8059); and A.21,Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy. Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011-8049) EXHIBIT C: Amend the McMullen MPUD Master Plan to depict and clearly identifY (perhaps striping or cross-hatching) only that area within the V. mile distance that is eligible for support medical uses, Petitioner disputes how to measure the V. mile distance and asserts the entire PUD is eligible for these uses. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the resolution of the location of the medical related land uses will ultimately be made by the BCC as they determine GMP consistency. Based upon the above analysis, Comprehensive Planning s1aff finds the proposed MPUD rezoning to be inconsistent with the FLUE, as noted above. However, it may be found consistent IF the above amendments to Exhibits A and C are made. It is acknowledged the petitioner desires to proceed to public hearings to debate the support medical uses issue. Transportation Element: Transportation Platming staff has reviewed the Traffic Impact Statement (TIS) atld has determined that the roadway network has sufficient capacity to accommodate this project within the five-year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 ofthe Transportation Element of the GMP. Collier Boulevard (CR-951 ) Impacts: The first concurrency link north of the project impacted is Link 34, Collier Boulevard (CR 951) between Davis Boulevard (SR 84) and Rattlesnake- Hammock Road (CR 864). The project generates 55 p.m. peak hour, peak direc1ion trips which represents a 1.68 percent impact on Collier Boulevard (CR 951). This segment of Collier Boulevard (CR 951) is currently under construction, has a remaining capacity of 1,042 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 Annual Urban Inventory and Review (AUIR). Page 13 of21 The first concurrency link south of1he project impacted is Link 35, Collier Boulevard (CR 951) between Rattlesnake-Hammock Road (SR 84) and Tamiami Trail (US 41). The project generates 29 P,J11. peak hour, peak direction trips on 1his link, which represents a 0.8 percent impact on Collier Boulevard (CR 951), This segment of Collier Boulevard (CR 951) is currently under construction, has a remaining capacity of 1,161 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 AUIR, Rattlesnake-Hammock Road (CR 864) Impacts: The first concurrency link west of the project impacted by this project is Link 75, Rattlesnake Hammock Road (CR 864) between Collier Boulevard (CR 951) and Polly Avenue. The project generates 47 p,m. peak hour, peak direction trips on this link, which represents a 1.47 percent impact on Collier Boulevard (CR 951). This segment of Rattlesnake-Hammock Road (CR 864) completed construction in 2008, has a remaining capacity of 2,550 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 AUTR. No subsequent concurrency segments are significantly impacted in the peak direction during the P,J11, peak hour by this project. Trip Generation Maximum: The applicant has proposed a mixed-use development with varying square footage proposals for each use, The applicant has also provided a "Land Use Trade-off' analysis demonstrating the maximum trip generation for three possible scenarios associated with the proposed land uses. As such, the applicant has proposed a PUD commitment limiting trip generation to a maximum of 423 p,m., peak hour, two-way trips that would allow adjustment of the square footage allotted to each use at the time the respective uses are constructed. Conservation and Coastal Management Element (CCME): This project is consistent with the objectives of Policy 2,2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and lakes to provide water quality retention and peak flow attenuation during storm events. The Project will implement Policy 2,2,2, of the CCME through the utilization of the Best Management Practices Matrix currently being promulgated by the South Florida Water Management Dis1rict (SFWMD). Water quality treatment through the use of best management practices in accordance with SFWMD criteria provide the necessary reasonable assurances that adverse water quality impacts to receiving waters will not occur. The volumetric detention and the control structures are designed so that the post-development peak discharge rate does not exceed the pre-development peak discharge rate. The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub- Element ofthe Public Facilities Element. The Project will implement Policy 2.2.3 of the CCME by the use of appropriate biological and mechanical controls in stonn water detention ponds. Manufacturers and U.S. Environmental Protection Agency (EP A) guidelines for chemical use in aquatic habitat will be followed, The Project implements Policy 6,1,1 of the CCME in that native preserves will be incorporated into the Project design. The preserve area is depicted on the MPUD Master Plan. The preserve area will be maintained tree from trash and debris and from Category 1 invasive exotic plants, as Page 14 of 21 defined by the Florida Exotic Pest Plant CounciL The Project is consistent with Policies 6,1.1 (3) and 6.2.6 of the CCME in that the Collier County native vegetation preserve area will be placed under a conservation easement dedicated to Collier County. Land uses allowed in these areas will be limited to those listed in Policy 6.2.5(5)d of the CCME and will not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation and preservation. The Project is consistent with Policy 6.1.4 in that prohibited invasive exotic vegetation will be removed from the project site. The Project is consistent with Policy 6.1.8 by submission of this EIS document. The Project is consistent with Policy 6.2,2 in that wetlands on-site have been delineated pursuant to Section 373,019, Florida Statutes. The Project is consistent with CCME Policy 7.1.2 in that a wildlife survey has been conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the US Fish and Wildlife Service (USFWS). GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed Mixed Use Plan Unit Development rezoning to be inconsistent with the Future Land Use Element, as noted in the Consistency section above. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. These criteria are specifically noted in Land Development Code (LDC) Sections 10,02.13 and 10.02.13 .BS The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for thc rccommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Attachments A and B), Environmental Review: Environmental Services staff has reviewed the PUD documents to address any environmental concerns, The petitioner was required to submit an Environment Impact Statement (EIS). The project contains 15,OH acres of SFWMD wetlands. The construction of this project will result in impacts to 14.26 acres of SFWMD wetlands, This project also contains 2.8 acres of native vegetation. A minimum of 15 percent of the native vegetation or 0.42 acres is required to meet Collier County preservation requirements. The MPUD Master Plan shows that 0.84010 acres of preserve area consisting of wetlands and uplands will be preserved. An additional 2.39 acres if other agency preserves are also shown on the MPUD Master Plan. No listed plant or wildlife species were observed during the 2007 survey. However, during the 2003 and 2004 surveys, a listed wildlife species, the white ibis (Endocumis albus) was observed, Staff recommends approval with the following commitments which have been included in Exhibit E "List of Developer Commitments." Page 15 of21 1. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the required 0.84 acre Collier County native preserve area. 2, The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. Environmental Services Staff reconm1ends approval of the McMullen MPUD subject to the following stipulation: I. The project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to the issuance of any site plan approvals. Transportation Review: Transportation Department staff has reviewed this petition and the documents that accompany this request. Staff recommends approval with the following commitments which have been included in Exhibit E "List of Developer Commitments." 1, Within 180-days of the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CAT bus shelter in a location approved by Collier County Alternative Transportation Modes (A TM) department prior to certificate of occupancy (CO). 2. Within 90-days of the County's written request, the developer shall dedicate right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County, but shall not exceed a width of 60 feet, and shall be conveyed in fee simple ownership to Collier County, Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storn1 water management for these two lanes, The fee simple conveyance of the right-of- way, construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacen1 properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles, 4. Figure 1 (shown in Exhibit E of the PUD) depicts the contiguration of the Phase One Bridge that is required to be constructed with the development of the Hammock Park Commerce Centre CPUD, The Phase One Bridge has been designed to accommodate the full build-out of the Hanm10ck Park Commerce Centre CPUD and McMullen MPUD. The Petitioner's successors, or assigns shall pay its fair share of the design, permitting, and construction costs for the Phase One Bridge depicted below in Figure I. The bridge fair share payment shall be made to Collier County prior to the first development order approval. The County agrees to Page 16 of 21 forward the fair share payment to the party, or parties responsible for construction of the Phase One Bridge within 90 days of payment receipt. 5. The driveways are conceptual and shall meet access management requirements of Resolution 01-247, as amended. (Staff note: the easternmost driveway on southerly side of project may not meet access management requirements as shown), 6. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "1" in the TIS (423 p.m., peak hour trips). The County may limit the square footage or the number of units of any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. general office to medical office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximunl impact listed in this stipulation. Utility Review: The Utilities Department Staff has reviewed the petition and notes the following: This PUD is located within the Collier County Water/Sewer District and is subject to the conditions associated with a Water and Sewer Availability letter from the Collier County Utilities Division. The Graphic Inventory Survey (GIS) shows that there is an existing 20-inch force main on Rattlesnake Hammock Road within the vicinity of this development. Flow from this development will be directed into this force main on Rattlesnake Hammock Road and onto the South Central Regional Water Treatment Plant (SCRWTP). This future development is located in the zone of the existing South Hawthorn Wellfield for the Wellfield-SCRWTP expansion to 20 million gallons per day. The Rules and Regulations for protection of wellfields shall be followed, All well sites and pipeline easements located on and close to this project shall be shown on all future Site Development Plans (SDP's), Plans and Plat's (PPL's) and any other site plan applications. Emergency Management Review: Emergency Management staff provided the following comments: The McMullen MPUD is located in a Category 3 hurricane surge zone, which requires evacuation during some hurricane events. While there is no impact mitigation required for this, it should be noted that approval of this PUD increases the evacua1ion and sheltering requirements for the county. Zoning and Land Develovment Review: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use plarming, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed uses, as stated in the MPUD Ordinance, are not consistent with the GMP, as previously noted, However, the uses could be found consistent if the medical support uses are limited to the y" mile distance from the medical center and Exhibits A and B are revised accordingly. As previously noted, this project is located on the north side of Rattlesnake Hammock Road (CR Page 17 of21 ~-_. ----_.._~_..,-- --,... .~-,-._,.._.... 846) extension and proposes limited "heavy" commercial uses; contrac1or/builder offices; architectural, engineering land surveying and attorney offices; personal indoor self storage facilities; offices for management associations of various types of properties, fitness centers, medical office offices and medical related uses, multi-family dwelling units, or some combination of commercial and residential development, and group care units consisting of independent living, assisted living and continuing care retirement communities. Group care units shall have a floor area ratio (FAR) of 0.60, The McMullen MPUD is buffered by a 100 to 142-foot wide preserve area from the undeveloped land with an Agricultural zoning designation to the north. Located to the south and west of the site is undeveloped agricultural zoned land. To the west of the site is Hammock Park Commerce Center, approved for commercial and retail land uses. To the east of the McMullen MPUD site is Swamp Buggy Days PUD and another proposed MPUD, the Toll-Rattlesnake DRVPUD, a 2,252010 acre MPUD that proposes commercial land uses on 39.6010 acres, various attractions to include "swamp buggy races" on 45.9010 acres; and a golf course residential community. To address the Swamp Buggy event noise, Zoning Staff makes the following recommendations: 1. The owner, or its successors and assigns, shall construct a berm and sound wall totaling 12 feet in height along the PUD property boundary adjacent to the Swamp Buggy grounds no later than when the residential development or care unit development receives it first certificate of occupancy. 2. In all sales documentation and literature for the sale of any portion of the PUD property, the owner, or its successors and assigns, shall disclose to potential buyers the location of the Swamp Buggy grounds, 3. All buildings and structures for residential and care unit development shall be designed and constructed to be soundproofed with a sound level reduction (SLR) of 35. The soundproofing may be accomplished by building design, choice of construction materials, and execution of construction detail in accordance with generally accepted architectural and acoustic standards. The petitioner is not seeking deviations from the requirements of the LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on December 3, 2008 and voted unanimously (8-0) to approve this petition. There were no stipulations, NEIGHBORHOOD INFORMATION MEETING (NIMh Synopsis provided by Michele McGonagle, CDES Administrative Secretary: The agent/applicant duly noticed and held the required NIM on October 8, 2008, at 5:30 p,m. at the Edison College auditorium. In attendance were the applicant's team and county staff. There were no people from the public present. Page 18 of 21 The agent, Dwight Nadeau, opened the meeting at 5:30 p,m. In the event there were people who attended the meeting late, the applicant's team and county staffremained on site until 6:00 p.m., at which time the meeting concluded. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2007-AR-I1320 MCMULLEN MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) to the Board of County Commissioners (BCC) with a recommendation of denial. Comprehensive Planning Staff has reviewed the petition and has found that the proposed development is not in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP, This petition is not consistent with the GMP because the location of the support medical facilities are located beyond a quarter of a mile of the medical center and not within a quarter of a mile as required by 1he GMP. The distance shall be measured from the nearest point of the tract that the hospital is located on or aJ2Proved for, to the QIQject boundaries of the sUQPort medical facilities. Accordingly, the location of the support medical facilities must be shown in Exhibit A to indicate that all such uses will locate wi1hin the Y. mile standard above or will be found inconsistent with this standard. Staff realizes that the petitioner understands the opinion of the Comprehensive Planning Staff and disagrecs with Staffs opinion. Therefore, the resolution of the location of the medical related land uses will be made as a policy decision by the Board of County Commissioners. Staff could recommend approval if the following changes are made to the PUD: 1, Amend the Exhibit A McMullen MPUD "Permitted and Accessory Uses" to identifY support medical uses (within the Y. mile distance from the hospital), 2. Amend the Exhibit C McMullen MPUD "Master Plan" to depict and clearly identifY (with striping or cross-hatching) only that area within the Y. mile distance that is eligible for support medical uses. 3. The project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to the issuance of any site plan approvals. 4. The owner, or its successors and assigns, shall cons1ruct a berm and sound wall totaling 12 feet in height along the PUD property boundary adjacent to the Swamp Buggy grounds no later than when the residential development or care unit development receives it first certificate of occupancy. 5. In all sales documentation and literature for the sale of any portion of the PUD property, the owner, or its successors and assigns, shall disclose to potential buyers the location of the Swamp Buggy grounds. 6. All buildings and structures for residential and care unit development shall be designed and constructed to be soundproofed with a sound level reduction (SLR) of 35, The Page 190f21 " --_.-,-'.~_._._--_._...'_.._, -,-. ~__- ._w_-. _.. .",_.,'_"'..'.""'""._.,...,,,.....___~,,_~~..,"_~,~~......._~_._.... _,." '", '.,-," - ~ - . __&_h__~___'_'_' .' _._, soundproofing may be accomplished by building design, choice of construction materials, and execution of construction detail in accordance with generally accepted architectural and acoustic standards. 7, Vehicular, pedestrian and bicycle intercOllilection shall be provided between Tracts A and B. Attachments: 1. 2. 3, Rezone Findings PUD Findings 1. Mile Border from Hospital Page 20 of 21 PREPARED BY: LAC ,PRINCIPAL PLANNER OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~ 7.L;]~' STEVEN T, WILLIAMS ASSIST ANT COUNTY ATTORNEY 2 . 1'8', ocr DATE 1. (1/ 0 D TE RAY ND. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW '/ 1f;. ~;ilJ2/)~ S SAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW :2/20 /0;7 DATE APPROVED BY: J Tentatively scheduled for the April 24, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Page 21 of 21 ---- . ~,--,-..._--" --''''~._--'.- ",. ." ,-,~.,.,-_....",,~-,,"~_._..,-_._-~-_._-- --- -- ---,'- __ ___..___~ . ___m_",""_,_,_,___,,, Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Chapter 10,03,05,1. of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: I. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Comprehensive Planning Staff has reviewed the petition and has found that the proposed development is not in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP, This petition is not consistent with the GMP because the location of the support medical facilities are located beyond a quarter of a mile of the medical center and not within a quarter of a mile as required by the GMP. The distance shall be measured from the nearest point of the tract that the hospital is located on or aQProvcd for. to the Q!Qiect boundaries of the sURport medical facilities, Stipulations to ensure that the construction of the support medical facilities is concurrcnt with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities arc not allowed under this provision if thc hospital or medical center is a short-term Icased facility due to the potential for relocation, Accordingly, the location of the support medical facilities must be shown in Exhibit A to indicate that all such uses will locate within the V. mile standard above or will be found inconsistent with this standard, Staffrealizes that the petitioner understands the opinion of the Comprehensive Planning Staff and disagrees with Staff s opinion, Therefore, the resolution of the location of the medical related land uscs will be made as a policy decision by the Board of County Commissioners. 2. The existing land use pattern. As described in the Staff Report, the subject site is surrounded by undeveloped land with an Agricultural zoning designation; by thc Swamp Buggy Days PUD to the east To the south of the subject site is the proposed Toll-Rattlesnake DRI/PUD, a 2,252010 acre Mixed-use Planned Unit Development (MPUD) for a project known as the Toll-Rattlesnake MPUD that proposes a maximum of 650,000 square feet of gross leasable conmlercial floor area on 39,6010 acres, various attractions to include "swamp buggy races" on 45,9+ acres; and a maximum of 1,889 dwelling units (at a maximum of 0,84 dwelling units per acre) within an 18-hole golf course, Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 1 of 5 Located to the south west of the site is undeveloped agricultural zoned land, To the west of the site is Hammock Park Commerce Center, approved for 160,000 square feet of commercial and retail uses, 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above, 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. The growth and development trends, changing market conditions, specifically the development of the site with mixed uses, and the development of the surrounding area, support the proposed PUD. The PUD is not necessary, per se, but it does seem appropriate. This site is located within an area of active development with a mixture of commercial and residential uses being constructed or projected. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses, 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change should not adversely influence living conditions in the neighborhood. As previously noted in the Staff Report, this site surrounded on the north, east south and west by proposed land uses that are similar to this, In addition, the required buffers are deemed to adequately mitigate any adverse impact from this project. However, concern about potential noise complaints regarding the development of residential and care units in this PUD was expressed by a representative from the Swamp Buggy Grounds. The noise generated by Swamp Buggy events would not be compatible with residential and care unit development. If Staff recommendations as listed in the Staff Report are followed, then the noise impacts to residential and carc unit development might be mitigated. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 2 of 5 Evaluation of this project took into account the requirement for consistency with the applicable policies of the Traffic Element of the GMP and the project was found consistent with those policies, Additionally, the transpOliation improvements are contained in Exhibit "E" of the PUD document and are recommended in order to mitigate the project's traflic impacts on the local road network, 8. Whether the proposed change will create a drainage problem. The proposed change should not create a drainage problem since every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities at the time of subsequent development order approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located, These development standards and others apply generally and equally to all zoning districts (i,c. open space requirement, corridor management provisions, etc,) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas, Staff is of the opinion that the proposed development standards will not adversely impact light and air to the adjacent properties, 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective detcnnination bascd upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect valucs, since value dctermination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Bccause the proposed change is consistent with the GMP (as stipulated), the project will not be a deterrent to the improvement of adjacent properties, Furthermore, the basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with thc site development plan approval proccss and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property, As previously stated, the neighboring Swamp Buggy Grounds has expressed concern over noise complaints that might arise if residential or care units are developed within the McMullen PUD. If Staff recommendations as listed in the Staff Report are followed, then the noise impacts to residential and care unit development might be mitigated, Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 3 of 5 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development does not comply with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Plan. This petition does not comply with the GMP because it allows medical uses beyond the Y. mile hospital location limit established by a site specific amendment outlined in the GMP. In light of this fact, the proposed change constitutes a grant of special privilege, Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property can be used for agricultural purposes, however, any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling, 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed development complies with the Growth Management Plan (as stipulated), a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. While there are other sites zoned for the same or similar uses, each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition, 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development of this site would require considerable site alteration with the proposed use of this site. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 4 of 5 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process, Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 5 of 5 Attachment 2 PUD FINDINGS PUDZ-2007 -AR-11320 Section 1O,02,13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Finding: Jurisdictional reviews by County staff support the manner and pattern of development approved and developed for the subject property, Development conditions contained in the proposed McMullen MPUD document give assurance that all infrastructures will be developed consistent with County regulations, The proposed amendment will not adversely impact the approved mitigation measures that assure compliance with Level of Service relationships as prescribed by the GMP, 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Finding: Documents submitted with the application provide evidence of unified controL The MPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planncd Unit Development with the goals, objectivcs, and policies of the Growth Management Plan (GMP). Finding: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found inconsistent with the overall GMP, This petition has been found inconsistent with the GMP because the medical uses have not been restricted to locations within the y,. mile hospital boundary, 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Finding: If the Staff recommendations listed in the Staff Report are followed, than this petition can be found compatible, both internally and externally, with the proposed uses and with the existing surrounding uses, Attachment 2 PUD FINDINGS PETITION PUDZ-2007-AR-11320 Page 1 of 2 5. The adequacy of usable open space areas in existence and as proposed to serve the development. finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Finding: Timing or sequcncc of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD process, but the project's development must be in compliance with applicable concurrcncy management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate . expansIOn. finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relativc to hazards, and capacity of roads, then the subject property has thc ability to support expansion based upon the cOllUllitments made by the petitioner and the fact that adequate public facilities requirements will bc addressed when development approvals are sought. 8. Conformity with PUD regulatious, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this MPUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this MPUD are similar to those standards, The petitioner is not seeking any deviations, Attachment 2 PUD FINDINGS PETITION PUDZ-2007 -AR-11320 Page 2 of 2 o ~ III oc: W ...J ...J o o RATTLESNAKE HAMMOCK RD MCMULLEN EAST MPUD 9.79 Acres COLLIER REGIONAL MEDICAL CENTER o ,. ,~ _F... DUTA"' CON"5ULT1NG ..... "" '.L .L . P",".an~ ,Vl",,,I~",,,", .Ci"" E"~"",ri.~ .S'n',yi"~ ~ M"wln~ 1.00' Medical Related / Office 1/4 Mile Border from Hospital .- .._-,,-~._-~-~..__..._~~- 6 N Prepared 8y: vjpellegTi~a Printing Dais: June5 2007 ;:ile:T:lProjeclsI200siOB-Q020 McMullen CPA HMA.mxd -- Attachment 3 ............,..,- ,,--~..~.,"...~-~._.~-~~,._~,,~ .-.,------ ._-... .- _._--="'~'"-.. ,. _ --"--..__.."'"'''"............,..._..w.-.. ~.,~._._;" ,,-,.,,_.. 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 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 RURAL AGRICULTURE (A) ZONING TO MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD FOR A MIXED-USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, AND UP TO 48 MULTI-FAMILY DWELLING UNITS, GENERALLY LOCATED ONE- HALF MILE EAST OF COLLIER BOULEV ARD (CR 951) ON RATTLESNAKE- HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19,32 010 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert 1. Mulhere of RW A, Inc., and R. Bruce Anderson, Esq., of Roetzel, & Andress, representing Sembler Retail II, Inc" and the Sembler Family Partnership #42, petitioned the Board of County Commissioners to change the zoning classification ofthe 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) Zoning District to Mixed-Use Planned Unit Development (MPUD) Page I of2 Zoning District to be known as McMullen MPUD in accordance with the McMullen MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein, 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 Florida 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 Approved as to form and legal sufficiency: L7. LJJ1~ Steven T. Williams Assistant County Attorney Attachments: Exhibit "A" - Permitted and Accessory Uses Exhibit "B" - Development Standards Exhibit "C" - Master Plan Exhibit "D" - Legal Description Exhibit "E" - Developer Commitments 07-CPS-00609/4 STW 12-29-08 Page 2 of2 -- -, --..--,....----.,..- ,--'-'-~,-~~~<.._,- _n_..>.__._.~...._.. . _ ",^"'''',..._<',>___',"'.~''''___''_'.__'_''_' _,,_ ~,_.'_'''___''_'''~_ __ ", ...., "'" ,,' ,', " ",," ., Page One " , EXHIBIT A McMullen MPUD PERMITTED AND ACCESSORY USES .. ..' ".. '.' " '.. . .:. ' . "'. ': ~ '-:.' ':"". ...." . ....::., ..::. .::.-.,. . Date: 07-27-07 (RevIsed 2-10-09) This Mixed -Use PUD may be developed entirely with cornrnercialland uses, or partially developed with residential land uses in a separate development tract with commercial land uses in another development tract, or developed as a mixed use project with residential land uses constructed over commercial land uses in the same building or buildings. Buildings containing only residential land uses may only be developed in Tract B. I PERMITTED USES in Tract A, as depicted on Exhibit C, MPUD Master Plan: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Residential Multi-Family Dwelling Units integrated into a mixed use building containing residential dwelling units above commercial land uses; 2. Business Consulting Services, Not E]sewhere Classified (Group 8748);* 3. Drug Stores and Proprietary Stores (Group 59] 2);** 4. General Contractors-Industria] Buildings and Warehouses (Group ]541); 5. General Contractors-Nonresidential Buildings, Other than Industrial Buildings and Warehouses (Group 1542); 6. General Contractors-Residential Buildings, Other Than Single-Family (Group 1522); 7. General Contractors (Group 1521); 8. General Warehousing and Storage, for use by contractor/builder construction trades located within this MPUD only (Group 4225); 9. Persona] Indoor Self-Storage Facilities:**** 10. Hospital and Medica] Service Plans (Group 6324);** 11. Legal Services (Group 8111); * 12. Engineering Services (Group 87] 1)* 13. Architectural Services (Group 8712)* 14, Surveying Services (Group 8713) * 15, Management Consulting Services (Group 8742); 16. Management Services (Group 8741); 17. Medical Equipment Rental and Leasing (Group 7352);** 18. Medical and Dental Laboratories (Groups 8071 - 8099)'* 19. Mortgage Bankers and Loan Correspondents (Group 6162); 20, Nursing and Personal Care Facilities (Groups 8051 - 8059)" 21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 - 8049);" 22, Physical Fitness Facilities (Group 7991); 23. Care Units (Group 8361, therapeutic care that may include, but not limited to Independent Living, Assisted Living and Continuing Care Retirement Communities); 24 Special Trade Contractors, Not Elsewhere Classified (Group 1799); 25, Title Abstract Offices (Group 6541); and 26. Title Insurance (Group 6361), 27. Any other principal use which is comparable in nature with the foregoing list ofpennitted principal uses and deemed to be consistent with the Future Land Use Element of the Growth Management Plan, 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: a) Water management lakes and facilities; b) Parking facilities, including parking garages accessory to pennitted uses; c) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211); limited to 5,000 square feet*** 3, Paint, Glass, and Wallpaper Stores (Group 5231); limited to 5,000 square feet'** 4. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or, to warehouse space for various contractor/builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5,000 square feet *** 5. All accessory uses permitted in Tract B; 6. Accessory uses and structures customarily associated with residential principal uses and structures when a mixed use development is pursued. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition .,,_.._~.- ...--..----.. .-,...-....-,..-.. .....- ..~._-_-.<"~-_..- ...-.. -" - '" _...~..,_ ...~,~....._. r ".....___,~...O'_..'__...._,__ -'''--'--~- EXHIBIT A "-':i::.:::...:-:v..":'n.<::-:._.,,','.::.-::.....: ", <:"1> PER"'I1TE~C:g~R~~~~fQ\USES, '. .., . ','. ::>i.,iJ':"~,y-_:.-_-:.:.'-:;+_.;'::l;;;;>,_'.-.:y::;:::.T+0:j)!:iVth::<:f:l"V::/,:;"":',,;i.>"'::;;; : .. \","" ~." ,,-.,:>.:8;;:: '<;> ,:-:;::',:'" ." .. ',,'::':>k>{;c::':""': -j!T:;:>:-::::Ek:;\n{;:~::~~f:t~:1;:~!';-:,~-':!Sf:-"::::.-;:::~:;::,':-:__::_::/{:L- <i y;'t;;..':,,:;:;' Li::;,:::';:::':::::~^' .:; : -~: ::;:,C,::; .. :;;',:',_ .. , Dale:. 1-28-09 (Revised2-1~9),. II PERMITTED USES in Tract B as depicted on Exhibit C, MPUD Master Plan: ;-.Jo building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Residential Multi-Family Buildings; 2) All land uses permitted in Tract A unless Tract B is developed as residential only; B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a) Clubhouses and other recreational facilities accessory to residential development; b) Water management lakes and facilities; 2. All accessory uses permitted in Tract A unless Tract B is developed as residential only; 3. Accessory uses and structures customarily associated with commercial principal uses and structures when a mixed use development is pursued, including, but not limited to: a) Parking facilities, including parking garages accessory to permitted uses; b) Caretaker's residence accessory 10 commercial development; 4. Lumber and Other Building Materials Dealers (Group 52] 1); limited to 5,000 square feet*** 5. Paint, Glass, and Wallpaper Stores (Group 5231); limited to 5,000 square feet*** 6. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or, to warehouse space for various contractor/builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5,000 square feet *** Limited to 92,500 building square feet. lThe Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractor/builder construction trade specialists, inclusive of the ofliccs of related professional disciplines and services that typical1y scrve those construction businesses or othen.vise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys, but limits these oflices of related professional disciplines to 92,500 total building square feet. Warehouse space for various contractorlbuilder construction trades occupants does not fall under that limitation.] ** These uses are permitted under the GMP as "support medical uses." *** Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores, are pcnnitted but only as accessory uses to offices for various contraetor/builder construction trade specialists or accessory to \varehouse space for various contractor/builder construction trades occupants. **** Limited to a maximum of92,500 building square fed. . Tobles 1 and 2 below set forth the development standards for land uses within this Mixed-Use PUD (MPUD), Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of opproval of the SDP or Subdivision plat. MAXIMUM DENSITY AND INTENSITY: This MPUD may be developed entirely with allowable commercial uses, partially with residential uses, or as a mixed commercial and residential project. Accordingly, the MPUD intensity shall be as follows: Residential Density: Residential Density shall be limited to 48 multi-family dwelling units (du). The residential intensity of 48 multi-family dwelling units shall be achieved through the utilization of Transferable Development Rights (TDRs) (19,32 ocres x 2.5 du/acre). If TDR's are not utilized, residentiol sholl be limited to 29 multi- family dwelling units (19.32 acres x 1.5 duj acre) and the commercial limit shall be increased to 124,600 square feet of medical related and medical support facilities. At time of SDP application, documentation (individual TDR tracking numbers) will be required for each TOR credit required by the SDP; Commercial (ntensity: Commercial intensity shall be limited to a maximum of 185,000 square feet of any combination of allowable commercial uses, however in no case shall the trip generation rate exceed 379 PM Peak Hour T ripsl as identified in the TIS. In no case shall the total allowable commercial intensity exceed 1851000 square feet. Various commercial uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A", Care Unit Intensity; The intensity of any care unit shall be limited to a Floor Area Ratio (FAR) of 0.60. Qperational Characteristics for Care Units Care Units may be composed of one or more types of care/housing facilities. These care/housing types include, but are not limited to independent living, assisted living, and nursing homes1 each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: . There shall be on-site dining facilities for the residents, with food service being on-site, or catered; . Group transportation services shall be provided for the resident's needs; . There shall be an onsite manager/activities coordinator to assist residents1 and shall be responsible for planning and coordinating stimulating activities for the residentsj . A wellness facility shall be provided on-site to provide for exercise and general fitness opportunities for the residents. "-_.--'_......,~~.-----"'._......_.--...... . _._.._-~_.........~...."'.'~._~. " ~..~.__,...~.._____~"M ..,_ -----....-------,--..-"'"". -. ....,..-..- ,',', , ,,' ; ~ ,,' ." , ,..,...... ",,"';,", EXHIBIT,B", i ",.;. ::' '/.....";,."'..;;:,,:,;....:'..<<':'0/>>:'.:\),,,;;\.:&/'..;>:,./:. <;..::>: :;,>'~;: ..',';:":, ;;:.,;." ,..,..,,,.." "'" ....;..;'. ,:;,' ,,,:' U:;> ,:;:('::McMullen;MPUD;~!$i;':;:,..::~<;r<lrkL\}2!"'; "i:;;::;::;<" ".. ',',:::> ::' '", ',"':. DEVELOPM~NTST~DAiU)S '~:, ",.,' ",' ' ,:.':::',:': .. :::::L;:::.~ C;" ,,',~ 'si:iiiH:;\ ;::;;:;;:;!,!::Jc:':::"":;", <T.:"ji~:,,:~;i:(iN,j,G,h,jl;r;;)!';t;:c'~(j\{::;li[::1~i,i!tR~Ii::::';,~m:i';'\':::,U:':L1:':;'[:(J;::;;:'; , Dale, 07"27.;o7:lRevlsed, 2,1 0-09) i','I,' , ," '.' ':;': '''i .~", >>;:;':';,:+:::;::;:;~:;,?:, i':;::':::~\:;'<)i::;:,;::',;:;~rL:" :;:';t,:,',[:,,: ::;,,: '" ; " ,,,,. , " ,".. .....,.", ,.i;::' :::....., ':;"';':"".,,,: .' ''''','.:'' ,', ," . " ".... "" '~",,, ".., , ,..c......_........,' ""'<.:,,< '0 "."".'".(;' ;",:?:'>-,,:,:,:,;",' '"..;':;':' ":'if:> ,"",;:<""",';:::';'-;,.' ", ........ "":':'.':.; -", ';:,;' <j::j1iig;::_:;>~:)-"i,;:iL';:t>:>:, -: .;::-::~ w' :L': :~,,?p-: 'a';'~g)~e:i:;::T<:w:j;;::aY';Y;:::>+:5_;j':~,:;::' . '" ,j'" ::::;' :<;: ''':;'Y:;'; (" ..,..,t:c.,:,,_:>_,(':r,,'::::<;Y:C,/ . X_" ","', ,- ........--,.., "".,,-- "'"",,,'''' ",..."., ,..,.......' "'V', :"'-L'<< ',:.:.,,,",0;,, GENERAL: Except as provided for herein, all criteria set forth above sholl be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. {f this project is developed in multiple plotted tracts, at the time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE I DEVELOPMENT STANDARDS FOR TRACT A, AND/OR TRACT B FOR A COMMERCIAL PROJECT, OR FOR A COMMERICAL/ RESIDENTIAL MIXED-USE PROJECT DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES Includin Residential Care Unit MINIMUM LOT AREA 10.000 SQUARE FEET N/A MINIMUM LOT WIDTH 1 00 FEET N/A --"-_....~.---~ MINIMUM YAROS (MEASURED FROM EXTERNAL PUO 25 FEET 25 FEET BOUNDARY OR RESIDENTIAL DEVELOPMENT BOUNDARY) PRESERVE SETBACK 25 FEET 10 FEET LAKE SETBACK (MEASURED FROM LAKE MAINTENANCE 5 FEET o FEET EA5EMENT) MIN. DISTANCE BETWEEN 15 FT. OR V2 THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS * . MAXIMUM ZONED HEIGHT (PRINCIPAL STRUCTURES) 50 FEET 25 FEET ,_._.~, -'- MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET MINIMUM FLOOR AREA 700 FEET N/A MIN. GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET** 100 SQUARE FEET** * Whichever is greater Not applicable to Core Unit *. .L.AtiDSCAPE BUFFER EXHIBJI THE FOLLOWING lANDSCAPE BUFFER SHAlL BE REQUIRED WHEN MIXED-USE AND/OR COMMERCIAL DEVELOPMENT OCCURS NEXT TO RESIDENTIAL DEVELOPMENT. EVELOPMENT BOUNDARY COMMERC~ OEVELOPMENT RESIDENTIAL DEVELOPMENT 25' SETBACK 25' SETBACK . .',; " (FENCE/WALL 15' BUFFER lYPE -S" 10' MIXED-USE OR COMMERC~ BUILDING 'a. 15' BUFFER lYPE "S" RESIOENTIAL BUILDING ~!! , \11 ,-\,. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at the time of the application for subdivision plot approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL LAND USE TRACT B (NOT MIXED-USE) DEVELOPMENT STANDARDS MULTI- FAMILY CLUBHOUSE/ RECREATION BUILDINGS PRINCIPAL STRUCTURES LAKE SETBACK (MEASURED FROM LAKE MAINTENANCE EASEMENT) MIN. DISTANCE BETWEEN STRUCTURES - 2,500 S.F. PER UNIT 5,000 S,F, 100 FEET 50 FEET 700 S,F,/D.U, N/A 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET N/A 15 Feet 5 FEET o FEET MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA SETBACK FROM COMMERCIAL ONLY TRACTS SETBACK FROM MIXED.USE TRACTS SETBACK FROM EXTERNAL PUD BOUNDARY SETBACK FROM RESIDENTIAL TRACTS 15 FEET or '/2 the sum of BH* 15 FEET or '/2 the sum of BH* MAX, ZONED BUILDING HEIGHT MAX, ACTUAL BUILDING HEIGHT PRESERVE SETBACK 40 FEET 50 FEET 25 FEET 30 FEET 45 FEET 25 FEET ACCESSORY STRUCTURES SETBACK FROM COMMERCIAL TRACTS 25 FEET 10 FEET SETBACK FROM EXTERNAL PUD BOUNDARY SETBACK FROM RESIDENTIAL TRACTS 25 FEET N/A 25 FEET 15 Feet MIN, DISTANCE BETWEEN STRUCTURES MAX, BUILDING HEIGHT NOT TO EXCEED PRESERVE SETBACK S.P.S. :::::: Same os Principal Structures BH :::::: Building Height 15 FEET 25 FEET 10 FEET 15 FEET 25 FEET 1 0 FEET * Whichever is Greater. -'~'._-'---~--"~ ~ --_...'~- .,. --..... ,..~"~~..,", '-'".._~_..~.. _._~,~. ."....._-~, - --".,,-_.._- -,.-..,,-- 'C< , ~ .,.,,, ", , ." " " i, , '.i' .-:J < , n ~ ,:') , , ''C) , , "~; , .. ,:", .., .. ,-, ,..~ '-'-'IX' SEMB1.ERFA,\.fn,y PAHT1\'ERSIIIP, L TD ,I\.1cMULLEN ,\1PUD EXHIBIT r .""'."'" '" ,W M ~,'~ .....'" "--"""<.'" ... ,'M"' ''''.''''0.,' ,~'" '.k,;' '.",,,"'-h ,,,-',. ,'". AIPUD MASTER Pl..Af\, *" .._> '''''', ", >'i,,_ 'T ....' EXHIBIT C , .. ,,- ~' " - , McMuJ"inMP-Uo',-" "'t>PD' MAlrE!', 'i'~l~N -'" ",' ",', "'ti,,;;;Q;r'~.",~,-" , , , -''' "" ," / '-"~' " , ,'" , ,.' ~-' ,,,, , -' . ~ , " ,)C" ",' ,,,....., -;c," , ."" ""'_.,"',~, ".0," I , , .--.~._---- , " 1 " " !: q , 'I !'... I, ',; 'I l .1 ,'T. r , , Ii ,II ,I, '.iI . :~ I .. "j /} , 1 -\".- " , "', ' , , !I;': I, -I, - \) . '" h~;:r\t--- ""1:1',, ,J!" :! \11 'il I'LlI,c. "I' "" p'i,: , 'I '.-..--.-,.- , I I 1 il 1,11 ! I L W,. ;\. ;1 :~: :, - -'I , I I , , ,," /." '.'" '" -' ,j I' 1 I I --'I ;- ':"-i " , I l \ -{ ',I . " 'iI L W.....;>,; 'I ::i' c'" I , 'I , d "i ':1 " , , " I 1 'I' , " I' 1\ II-- , , >: -' I , , .. '",( "f ,'(.,I ~, -. ".: , ~~" 1'"'1 ..' ',--- ,j , ,"".. -.".'--.--..-." .., ./, Date: 07-27-07 {Revised 2-11-09j , L ';{' " .. " ~ ,,':;' .. , , , .. ,"~ .. ~.'''' " .. .. ",-,;--',,-".''''''''.'.' -.." ".,"', -r--- ",', -,' ~" "--,, .. ." , !,-' e",C' e,.,." ",., -'" " r. ~. '" ,. " " " ..., " "n ." -, . ",: ". , \ : .. "~) ~'-f; t""-,, :\~," I' , '" , ' - .--"",,--.. .;:,J- ,.., 'i/" "i , ~'. '. ~' L 'C", ~ a ~~ ;>c . cnr ^'" "';' >-3r " , t"r1trj ~Z ~~ Z>-o C U ''',,, , O;?; "c: ,......-- D\X1A ~~~.'m CONSUL-TINO t.1..u~ .a......... ,.... ....~&Mrq""'* ----........--.."" '''''-'--~ ,--- ,---_....... -,~-,~ .....-. --.-------.--..---.-.--.---..r- , I , I, (i I ti ;~' .,____"_.___n_______..._.",.,...m~\. _...._ ~ '.! IT[ -J!' I,'J ," _\1 Ii: I ~ ( " '1'1 Ii -----------1"-.., o c o 0_ ~",. '- "'''' ,.~ ,",-' " . ,- "' , g c C ......._.__..__.m , , 1 I I ,.,is > R;f, "':. Ji _n.__~._.__ "-~..,I', I , , 'n -----1" , , ii Ii t._ ,! , ----- -- - ______. _________._______ ....u...___...._,.'___._ __._ _~_ 11 '. .. "__n~ __ .~=~_ .t;$,-~'_': ~~~~: . I -' ':! " __-"._n .__L_.._ , ..---..-- --'---.c.-- -----",..- , , -,.--~--.~"-. -- .-- ----------~-1 --.....:'>..--.-- '. , --:~:::_-::.:...-:::_~:_~-_-:-_::::-=-., -~ -..:.. -.. - , --.._-- --_.. ..__..'____..._n'__.__._____ -~'.._- , , --,,--- ---~~.--".-- I', " ;" " [, '. " __'v " , ,.,..".,<"", ~~--'" ,--,'" nn..".~..'..._n___n".. , . , , , '. " .., '. I , , I , , I . , I , , I , , I , I . , L , .. , , I " , -- I I I , , I , I , , I , , \ I , , I , .. L ' , I , /, 1 , I ,.. " ,,\ . . , ~: , 1 , . ~ l' I! , .. .. . , .;I . i: , I ,I , \, 'I 11 ;, , \ , .. " . ,,;!: "..."-- " .. / I , , .......;~ (') o z 8~ ""0 ;;~ ~e ::;r tTlr ;:Om ~z z 6~ tTl"'t:1 ~e :;;0 r ;J> Z '. " . .. .. - - ~ ^ > - , . I , , , " . , " , " i~ (--- . , " .. '\, , , :[ I, , , , i' . , ~p :::;~ '.1 ~i'; 1 -<~ I .1 , '. 'c ... > . 1"::::'" ,.~~ ~;~'" . .. "-'''' .g r;"", .,> '" ':/ , .. '-," ~~ c, 1:.; '" , l' , .,,-..- ~ ~ I . o ., , , , , , , ( I , I' , , , , .' _.-' '. " ,U"_ ': I' , \1 1,1 II .1 (' i] II !! i; , . ., , . . .. '"'' , "', -- .. ~ , , " , , , . " " , , ---~ I' , .. . . " , ,.' . "'-, , . . ~~; ~ t,.> i~i tt:k ~~~ ,,-., .. ;; . r,~ ~~l " , . , " ) (" , , I , . I , I . , I . I , ' " i ~ \.; \1 , , I ,"-"'~ , , ! , o o ~ . o ~: ".,; ""~ " co ~~ Q ;;;:;'i' '.>':"',,~ ""'l <;7:0;;; .;, ".... "~ '" ,., " '."',s'" j:.l.c!i:; .'/;-"" rp'j ;."" _,C;" ";,;..\:,.,, t'","'Fi "',.~~ ';:';:;::; ;'" 1i'~ ;;;;::~;;; ,0 'ii ~ ".".- ;":~ ~; ( , , , " .. , , , , '. , '.! , , . , , , ~ , .. , , ...I' .,!' , ~n ~ 'I , , ,~ / !i .. Ii J J / . , I -,-~ J I I ," ,----;:,1 ,J ! ,\ " .. ,'" ]', , i ; , ! I' I :[ " ::'[ , " , , ~i~ .. ~,il '. ;i, r . , , , _n_i ,!O,. z'_' . ~ 'fX!.'>I"",. , " t";,..,-"",..,,...",,~.~, . , .. --.-'.' - -.---....,---. '..-,,-----"--,,;:, --------'...... ".---'-..,~---J.~".--.,__._,_ ..----..;;- - ----.:;0;.:-- -----;--< . -------~_-- '"-".--,----'~~__.._ . ....~... ... ,-- "'--=-~~~-=...,...--- -~,-" . 3, -.-~_..---- ~------"'=.,'-'==--;!"'-' -, ~ '. ,....-- . --.----0, -..-'-----. ., '. .' e ,'" ~i~ ", "'--'- ,.s:::r\j<_nn,., ~--... >" '"~,." " ,.",.". ,~" "',-" ....,."., SEMBLER FA,\-Jn_ Y PARTNERSHiP "'42, LTD CONCEPTUAL {-VATER MANAGE1HENT PLAN RlIL\,' f",,"~_,=&M'N<' ......... "".L Plallocn.Proj<<! ~''"ll'-'" .....----...--,.... ....'-"""...""'-""'- -......-...--- -,...,.,. ,.. "",,"'...... ,"'l''''''~~ ,,,,' ~.~,"~ ,...,,;J McMULLEN'MPUD '''''.,",;''',';~ /',"" '",.M' -.'V""""." -., ''''-''. .'-1.." "'''''''', -'.'~-" , , '''~ ....._...-_~--,--_._-~ -_..,_..._", "."'--,,- .___....m''"'''..~.~~.,''_,___ ,.~",.~.,,--;....~~,..---=<-----_.~...,,-- ,.. ....'"."..U_'~""3..'___"_,__,..,.,"' _,...., "~~_.."'---,,~, , , /', , , ,-.:E'I ;:-,;; , :::; -~ 1 "" '(';'; , _,"::l", .' ~. ~ :;;=).. >='l;;! : "1 ,:~. .' % " +;a : ':- ~;;; 1 \- _..?]~ " "'0- r '.. .. .~ "I -..., L, "_::. : t-]:; ;:~ 1 ;;;;::' ," .,-- ,II '/ , 'i , I 1'1- , illl"' , I \ r:::: \- \I-m :- \1::: 1,k- : ,'I> ,,-- ','.' . - -'. , ~::.., 1 !-- ;,:;3 ," ;..:-- I I;'. z 0:' il~ ~ \(/; , , , , . I ;, I I , . , ! . . I "':; <::,:] , ~ . , I I I . N N ='" -re- :,;': , c,'..... " - z ~'-- :;:;.'0 ":0.. "'''' ".",. - - >z 2:; , ~.., '7.~ , ' x 'i-' Co;:: ~~ :'::; ~ o > :;: _\: , , ~ . "',.c)_ ~~~ '<;7.C ,~. "" '" "".-- "': "" .f': "r-.<,!> L"" .~'-< ...::::",'" "':=:::c:- :;; " :;.: ~, "',:~:: .."",;0- ;C:-',;: ~ '-' ~ " -, ".-~...., , , , , , , , ,",- :=,? ~ >;.:.: Z-< > -'" '.....> >Z "J'J:;: z::C '-" " > :.r. - Z , , ~~ , -:::. >i-" "!~- :::;"" :.>i::> c _ -"': '"- " ;:c ,~ ~ 'S "'::: J::'"" ::::2 "'.: . ~ "'- - ~, :;l ~. '" , ;::;, ,~- - -'; . , , , . - C --I ~ r< ~ --I ~ rr1 C/O 'T1 >~ (j ~ t:(') ~~ C/Oc ~I 0' ..,,(l) c5:::l ~ ~~ Z'i::;j ~C, >' u I () ! rr1 rr1 >< ::r: ~ Cd ~ --I c-""_ ;::::::'':'-, "' "" '" - "":: ,-... " , , , , , , , , , , , , " '^ ~ ~ - ;':0 , '"":0.' ? _____'-'..;.;0 '''',''',' I "-.. Li'L: i', " \i'i'} / . - .~^' , c , , ""'--;:;-.:0',;;:.'.:::='00'- - ~~. ~- . . \ - ~,,-,-~,,~-- ~~~ ;';:"\ "":.:' , ." ""- -",-' "e''': ::~?- ,,;?'::; ,- C"" ;." ~; ~ ,-,,,." .,....c" :;7- ..; .~ .-'" OC" ...... "':-'0:: - "",,, :::;:::.". ,.,.,_.-- ",C:;' Cc,';:' , " , :/;:::~ - '-- " ." .. . , c' o a N "" ~ " - ... '" - ~ - " - ", ~ " Z CO ~ ~ > - '"' - - ~ ..; - - - <C ~ - '" - - ..; > 'l. Z 0 ~ - ~ Z z I !l I nl ~ ~ I . ~ , , , . -~- - . - - ~ - ~- N , ~ ... , "" ! " . , --" ! ,~"." .' """''''' , , , -.., .. S"f.:\JULER FAJ!J/ y UWTK , _H , ",' PA!rr\LHSIIJP. L'{1) , _\JcHLLLEV \fPLD N..'-- . "., , ..c,' , '.'- ."" .....,~ , CONS1tl~L~ING 1'>'1"""'" S~r<-...)..-,,, If< M';'i"'<' ,"" ~"., . " (:TJUTlLS' FA( fLlTlL~'" ! ......... ..1-...... I~...",f,...l'",!,,-, .\Ia"'~~'; ~"...-,_. ,""',", " ()Fl-:..nE l.vTERFACh F,X/1/Wr , '.,"_.~_.-."",~ """"",-- -, .~ .. '~."_.".~ ", .>".~..",. . .. , .. , ""'---',",''"^ '.."",.,' ':,.,""~ ". ;'".''''''' , ! .. .. " EXHIBIT D ,.. ' " McMullen MPUD, ' ' . ~;:'<:!T;<<':i>:;<i'>i",',ic;;:;::><J:/i<;:;<::;; ,. , ", LEGAL OESCRIP.TION :..,.'....v/.....q....)",:..",,,,,,,......,,,;;>,,,,.,,,.,,:::",. ';...,..."....sy::'<.,';..:"',...,,,.,.,..;....::.:;:::>::,">-;-;"'::<Y;, ""',,-, :._,-;, ,..,..,."....," ';,;;;;.' ,.,....,..,.,....,." ,",' '-",i'" ,"_,h_:: "", , -::'- , .. -;- ,/:' :: ',." :'C'.::..<..,::'::>.":' " .,._<: :"'><>ii'c"',:/-:" -- ,.. ,y;" ::!i:;, ,,,-,,",",',",,' .... h",,_d: ""',:', :,: , ' , ,......,."." '--", ",', ,",,"',-- "",':,,', ,"', ,- """., :Y;::-<<',':"":;,,-,-: :,,:',;",-,.:<.':.:,.,"", ',,, "', -""",)\J;;; '" '";';',':,::;:';,,,,:::',::::::Yiij;j:,,:,,:;/J,UU>:;"ij:.{:::;','''-;',,; ,......,......:....:.::..:..:.......:.:...:..:.P."..........:,.....::'.".........:... 07-27-07 {Revised 08~2S-08) THE S 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The toto 1 acreoge is opproximotely 19.32 acres. ~~,.~."_._._._...- '" ----~ ....~..~-----~.._. , ---." , .'------..-- " -- ,..-....-. ,,-......-.,"-'^~~.. . EXHIBltE , ' " M M/jj ..'lYIpuo> ':" '. . ,...:>_.>>.._/_,.<_._,_,JL.,. ~t..~n,...__,,,_L_"'_"'c"'~'_"'_-;':'i';:'::,,,:,, :':'-:.,"'" ,........",,,.., ',',':',..,:::',":> - ",,'0.- ,..,' ',- ;:::i.i~_~)'~~~~f-~;~gi!i~~-lj!~)],;~:1t;:;:;';: ::'::_~:;::::_::::':;j ':._.;.-::::--j:;..Y'i1t;;;~_i_:;g~;t,:;_:.:-::!-[:';t;r:i:::~~,:;:; , ',::' . ';-; -,-:.". '-"e':-:""-" ::'",:-; ::-:;;:'::_:!::':::":",_:;:_'::;']_bt,;;_'!~':,ji:;;il;:;,i;::'."<:i!,:0',.::';::;:i::;-:itU::i:_'::',.';':[:-:;.:1;:1,;'jj;:::::';-j_.:_:~fi:; _,~::;:~;j_::::_ .~. ~ .. 07 2?';OrJ~e"l(l.e!i 1 1 ~~J, .' '.I ". A. TRANSPORTATION 1. Vv'ithin 180-days of the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CAT bus shelter in a location approved by the Collier County Alternative Transportation Modes (ATM) Department prior to certificate of occupancy (CO). 2. Within 90-days of the County's \vritten request, the developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be detennined by Collier County, but shall not exceed 60 feet in width, and shall be conveyed in fee simple ovmcrship to Collier County. Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total Janes of Rattlesnake Hammock Extension, and agrees to accommodate stann water management for these two lanes. The fee simple conveyance of the right-of-way, construction of the two lanes, and accommodation of water management shall he at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacent properties to the cast as generally depicted on the McMullen .MPlJD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles. 4. Figure l, below, depicts the configuration of the Phase One Bridge that is required to be constructed with the development of the Hammock Park Commerce Centre CPUD. The Phase One Bridge has been designed to accommodate the full build-out of the Hammock Park Commerce Centre CPUD and McMullen MPUD. The Petitioner's successors, or assigns shall pay its fair share of the design, pennitting, and construction costs for the Phase One Bridge depicted below in Figure 1. The bridge fair share payment shall be made to Collier County prior to the first development order approval. The County agrees to forward thl;: fair share payment to the party, or parties responsible for construction of the Phase One Bridge \vithin 90 days of payment receipt. EXHIBIT E '. , McMullen MPUD,: ' ,. , , '. ..;"-,.'''.,',.;.:.)',.::-'-,r ..........:;k.,.:.::. <,-;.A<-.... " DEVELOPER COMMITMENTS "' ." _,,/.," '" - "".'.k,', ''_______,.:._._<'_:>>,_. ::::"+>L',., ;'-;C-;-"-"-';,";" ,..,;:<>;;,- ,..'-" """, ""., <; --........, ',. .;>;." - <-,'- - ",.- ,..Co.. , ,"'-,- -",.'.,' :,",,-,-', ,...".,-....,.-- )';"'.,',', Page Two - ;c.:: , , --" ;;." ""., ',T ..,';'"',',, ""',:<:::;' _ " '-'/<<>:< :;:::.; " " "",' ,....." ""..:;-:;;V:.',' ,-,:;:..;',/" --"T""" ,",__"_ 07~27~07Ute'(i~ed 2-11-69) _.,.",'.....,..,' ',::.,', ..'..'.....'......,.,..;.'..,.;;: -,," 0; ';;'_;;>,_:~ --"',,', ',,'no. .. _,;<- --,,-- --'-".,"',,", - .,.,.....--........;- .,.-,..,......d ..............,.. ....,.......,..... ....0'.. '>,..,;;" .....n. . ....,.... ",;; ....,.. .................... ......... .."" ............. ......' ....., , ..,"" ,...' "....'. ,.... I I " .. .. . 1,[ , "I ill II "I' ". I' , I, '.i1 U .4'''' ---"",,/ /' II . , I '0' PATHWAY,.. ~' BIKE LANE '\ 2"'" CU~~ {;' SIDEWALK. j ; I , ;, C[NrERUNE~, ... - - =i - '" ~ I I .. 2' "F' CLlRaJ ~..---~, '--"",,,-'~<.., '\ 1:1 , II :,-1', II , , .' "'" " , I , , I 10>PAT!fNA'(j Figure 1 TRANSPORT A nON (Continued) 5. The driveways are conceptual and shall meet access management requirements of Res. 01-247, as amended. 6. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "I" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVIRONMENTAL 1. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this 'MPUD. There shall be a minimum of 0.81 acres of created native preserve within the required 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. ,_......_.m._ ~_.___.__~~~_.__. ...._M...... '''' -.--'- - .. ~,,-,"'~..~.._.-- .. ""'--._~,~,'-'~.""'''^'-- ....,-^-".,"~_."---_.,,+--,-_..,,_..> "".--+--- fIIJIIIiIII ~ ... ORDINANCE 84-~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE ZONING ATLAS HAP NUMBER 50-26 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2. A-2ST & RO-PU TO "POD" PLANNED UNIT DEVELOPMENT FOR RECREATION AND SPORTS PARK; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, Swamp Buggy Days. Inc., petitioned the Board of County COllllDissloDers to change the Zoning Classification of tbe herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 14, Township 50 S. Range 26 E, Collier County. Florida 18 changed from A-2. A-2ST and RO-PU to "PUO" Planned Unit DeveloplDent in accordance with the pun document attached hereto 88 Exhibit "At! which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Hap Number. Number 50-26. 8S described in Ordinance 82-2, ie hereby amended accordIngly. -- ;~~ -'" '., ..') "1 " '''' ~ -c.. ~7 :.::J 100' OUI'" 113 -._---_..~_._~.-_._-_..-..~ ) -........'f,:-.'- .Y: ~~~~~ DAVlD C. BROWN. CHAIRMAN which was R,<far,ted by the Board of County Camtissianers during regular session the 13th day of March, 1984. ~ ' l ; WTINE:$S my hand and the official seal of the Board qf 'COunty 'Coornissioners of Collier County, Florida, this 13th day of March, 1~,4'... '.,~ . : ",'" p!!IIlll!I r.. _J _U'--' '" , SECTION TWO: This Ordinance shall become effective upon receipt of notice that Is has been filed with the Secretary of State. DATE: March 13. 1984 BOARD OF COUNTY COMHlSSIONERS COlJ.IER COlINTI. FLORIDA ,../.rlEllir'l,/, .~ ..WILL~.J'.' REAGAN. CLERK ?;:":'By:~':~~~~ '. ~ II \ \' APPRM FORM AND LEGAL SUFFICIENCY . ~. --A.. COUNTY ATTORNEY R-83-24C Pun Ordinance srATE OF FLORIDA CXJUNl"{ OF COlLIER ) I. \..rn..r.rAM: J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit. Collier County, Florida, do hereby certify that the foregoing is a true original oL ORDINANCE NO. 84.26 1 I I WILJ..IAM J. REA~. Clerk of Cwrtll and Clerk Ex officio to Bo~d of , _. County ~:S'iooers.. ..... By~-~" :~ ty {,; erk l Tnll ordInance filed wIth the Secretory of State's Olhce tho ~doyof"',u-~i~ and ocknowledgement of thot filing received fh~~ Of7n'A~ ,:...lUjl:. .. By ""..... ~~."AJ.._:_ -., ... 100< 0110;", 144 i '.J .:r:l ~\ -. ..... , I ; , C1 PLANNED UNIT DEVELOPMENT DOCUMENT for SWAMP BUGGY DAYS RECREATION AND SPORTS PARK Prepared By: CH2M HILL 1063 Fifth Avenue, North Naples, Florida 33940 For: Swamp Buggy Days, Inc. P. O. Box 3105 Naples. Florida 33939 Date Issued: 11/10/03 Date Approved by CAPe: 1118184 Date Revised: 1/24/84 Date Approved by Bee: 3/1.1/84 Counly Ordinance No.: 84-26 lon, 01R", 145 "I .... r::1 fIl!I!lI CONTENTS Paqe SectioJl 1 - Purpose and Intent 1-1 Section 2 - property Ownership and Legal Description 2-1 Section 3 - Statement of Compliance 3-1 Section 4 General Development kegulations 4-1 Section 5 - General Development COMmitments 5-1 Ib/NAT81100 i 100' OHh, Hfi >:t:-.-. .,._~-._,--"--..,........,.-,.,,,.,..~-- ..- .. '~~""""'"::Jo'it1>' ... r::::1 ~ .,,".<.,"""1 SEC'flon 1 PURPOSE AND INTENT The purpose of this document is to set forth the conditions ot development and provide other information required in accordance with the pun ordinance. It is the intent of swamp Buggy Days, Inc., a non-profit organization, to develop a multiple-purpose Recreation and Sports Park on approximately 129 acres of land located in Section 14, Township 50 South, Range 26 East, Collier County, Florida. The activities of Swamp Buggy Days, Inc. have been a unique and integral part o! the Collier County community for some 35 years. The Swamp Buggy races have become world-renown through media cover~ge such as CDS's "Sports Spectacular" television program. This recognition has generated both national and international interest 1n Collier County. In addition, Swamp Buggy Days has traditionally served the community by making its facilities available to Borne 25 clubs and organizations for activities such as the Collier County Fair and Indian Days. The purpose of this development is to improve and expand upon these activities by providing more varied, useful, and appropriate facilities; thereby enhancing the recreational opportunities available in Collier County. This planned unit development shall be limited to uges that are compatible with and interrelated to sports and recre- ational activities. The project facilities shall generally consist of swamp buggy, stock car, and motocross race tracks and related facilities, target ranges, a fairgrounds area, fTlultiple-use areas (picnic, sports fields, unpaved parking, etc.), onsite roadways, and related structures to house offices, ticketing, exhibition activities. spectator and u~er conveniences. and facilities maintenance. This devel- opment shall provide for an integrated recreation/open space land use by combining the project facilities with open/green space areas and the preservation of important natural features. Swamp Buggy Days has not established a schedule for uev~lopment of the property, nlthough it is expected to be phased. In general, the Owner would like to proceed with development activity ~s soon as possible. The swamp buggy facilities and associated parking, \ltilities, roadways, Rnd the like have the highest priority. The nature, Gequence, alld timing of the actual development com:;truction work are dependent on a valiety of factors. In any phasing of the Ib/NA'l'B/IOO 1-1 lCD- 01R" 147 - .. development, the Owner shall comply with all County ordinances and regulations. 1b/NATB/100 1-2 IOOlOUh'H8 ~.-, " ,"\:',c'- ~ L &'iN .-"' ""'" r--l --, 1 SECTION 2 PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.1 PROPERTY Oh~ERSHJP The subject property is owned by Swamp Buggy Days, Inc., a non-profit organization. The Owner's mailing address is P. O. Box 3105, Naples. Florida 33939. 2.2 LEGAL DESCRIPTION The subject property i8 described as: All that part of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as; Commencing at the westerly ~ corner of Section 14, Township 50 South, Range 26 East, Collier County, Florida, run North 870 33' 46" East, 2,673.55 feet to the center point of said Section 14, said point being the Point of Deginning to the parcel herein described; thence North O. 50' 21" East, 1,341.66 feetl thence North 870 30t 50. East, 1,336.55 feet: thence South 00 49' 36M West, ],342.78 feet; thence North 870 33' 46w East, 334.19 feet: thence South 00 491 24" West. 671.53 feet; thence South 870 35' 13" West, 334.22 feet: thence South 00 49' 36M West, 2.014.15 feet; thence South 890 39' 37" West. 1,337.24 feet; thence North 00 50' 21" East, 2,683.29 feet to the Point of Beginning of the parcel herein described; being a part of Section 14. Township 50 South. Range 26 East, Collier County, Florida; subject to easements and restrictions of record; containing 128.53 acres of land more or less. Ib/NAT8/l00 2-1 !oo' 01R 'I 1~9 , -- -- .~._--,- ......,.....-..~.,-~.,-----.-----~..., -.". L .... ~ ....... SECTION 3 STATEMENT OF COMPLIANCE The development of approximately 129 acres of land located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development is to be known as Swamp Buggy Days Recreation and Sports Park, and will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The recreational and special use facilities of the project development will be consistent with the growth policies and land development regulations of the Comprehensive plan and other applicable documents for the following reasons: 1. The project development combines compatible, multi-purpose facilities and programs to provide a variety of needed recreational opportunities for Collier County residents of all ages. 2. The project development encourages shared capabil- ities and cooperation between the public and private sector in the development of recreational resources in Collier county. 3. The project development is located in ~n area that is within a reasonable distance of residential development without conflicting with those residential uses. 4. The project developmen~ is compatible with the surrounding land uses. 5. The project development will include adequate support facilities and will have a minimal impact upon community services and facilities. 6. The project development will place emphasis on minimal alteration of any environmentally-sensitive lands and will produce significantly less impact than other potential u~e6, such as agriculture. 7. All improvements will be in substantial compliance with applicable regulations. ; ~ 1 ) , l I \ , i Ib/NAT8/l00 )-1 lOO' 01/\" 1')0 '--....- L ~ r.., ""'"""" SECTION 4 GENERAL DEVELOPMENT REGULATIONS The purpose of this section is to set forth the regulations for development of the project. 4 . 1 LAND USES For the purpose of gross land use area, the subject project development contains approximately 129 acres. The project shall consist of and be limited to the land uses described herein. The general arrangement of the project facilities is as illustrated on the PUD Master Plan. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following. A. Permitted Principal Uses and Structures: 1. "Swamp Buggy" race traCK. 2. County fair and similar expositions, including circuses, carnivals, and other recreation/entertainment activities. 3. Exhibition hall/community center. 4. Amateur soccer, softball, and similar outdoor recreational sports and activities. 5. Target ranges, including archery. 6. Stock car race track. 7. Motocross (including bicycle and motorcycle) race course. 8. Stadium, training, and practice facilities for professional baseball. lb/NAT8/100 4-1 100' 01R', iC1i ~'""~~~----.-..~--~._-- -- - L ;] ,f! ~ f . ., .1 i 1 ...1 1 I I 1 I I I p!lIII!lII ~ ~ 9. Administrative offices and supportive service facilities. B. 10. Any other use or structure that is comparable in nature with the foregoing and that the Zoning Director determines to be compatible. Permitted Accessory Uses and Structures: 1. Any accessory uses and structures that are inci- dental to and customarily associated with those permitted herein. 2. Onsite water management, utility, and service facilities. 3. Signs as permitted or required by the applicable Collier County Zoning Ordinance at the time of application for construction permits. 4. Residential facilities for housing of security personnel or caretakers whose work requires residence on the property. 5. Concessions, ticketing, bleachers. and other spectator-related facilities. 6. Picnicking and playground areas. C. Permitted Provisional Uses and Structures: 1. Fuel storage and related facilities. 4.3 MINIMUM SETBACK REQUIREMENTS The distance from the property line to the edge of the stock cnr track shall not be less than three hundred (300) feet. The distance from the property line to the edge of any motor vehicle race track or course shall not be less than one hundred fifty (ISO) feet. The minimum setback for all structures shall be fifty (50) feet from the prr)erty line. 4.4 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand 11,000) square feet, ey.cept that wcdular units, trailers, tewers, and the like shall have no minimum floor area requirement. lb/NAT8/l00 , -2 100' 01R., .1::)2 .~ __~_n__ _ _...___....,._.._,'~,~_._.__.__~.__.__ L ,...,. r-l --, 4.5 MAXIMUM HEIGHT OF STRUCTURES Seventy-five (75) feet above finished grade. 4.6 SIGNS AND MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As permitted or required by the applicable Collier County Zoning Ordinance in effect at the time of application for a permit. Ib/Nl\T81100 4-3 100< OUk'153 --------- ... r::--, -, SECTION 5 GENERAL DEVELOPMENT COMMITMENTS The purpose of this section is to set forth the standards for development of the project. 5. 1 MASTER PLAN The Master Plan is an illustrative, preliminary development plan and shall be understood as flexible within the applicable limits of this Document and applicable Collier County ordinances. Minor design changes shall be permitted subject to County Staff approval. 5.2 GENERAL PROVISIONS A. l-lotor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than 11:00 p.m. B. Operation of the target ranges shall he limited to daylIght hours, provided that night trap and skeet shooting may be conducted no more than two nights per week and shall cease not later than 11:00 p.m. C. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. D. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. E. The stock car track shall be constructed so as to provide for noise abatement through the use of earthen berms, vegetation plantings, other physical measures, or combinations thereof so as to reduce offsite noise to the extent reasonable and practical. , i I , I 1 , I I I I I i Ib/NI\T8/l00 5-1 'do< 01R" 154 l__ r"""""I :-1 J 5.3 ROADWAYS AND TRAFFIC A. Roadways within the subject property shall he private roadways and shall be maintained by the Owner. "Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. The Owner shall provide for construction of the main entrance road within the eXisting right-of-way, including canal crossing, turn lanes and other improve- ments at its intersection with County Road (CR) 951. The main entrance road shall he limerock or asphalt surfaced, as permitted by the County Engineer. Said construction and improvements shall be as described herein and as permitted by the County Engineer. c. The main entrance roadway, for a distance of not less than 200 feet to the east of the east right-of-way line of C.R. 951, shall be wide enough to accommodate three lanes of traffic, the center lane being reversible if desired, and shall have an all-weather surface capable of retaining pavement markings for traffic control purpose~. D. The Owner shall provide a southbound left turn lane and a northbound deceleration lane on C.R. 951 at the project main entrance. E. The Owner shall provide a fair-share contribution toward the capital cost of a traffic signal at the intersection of Rattlesnake Ha~ock Road and C.R. 951 when deemed warranted by the County Engineer. The signal shall be owned, operated, and maintained by Collier County. F. The Owner shall provide arterial level street lighting on C.R. 951 at the project. The cost of operating and maintaining these units shall be assumed by the County. G. The existing access path to the site located approximately one-half mile to the North of Rattlesnake Hammock Road shall he maintained at all times in a Ruseablc" condition for access by emergency vehicles. If used as a general access to the site, it shall be improved to the same extent as required for the main access at Rattlesnake Hammock Road. H. The Owner shall pay a fair-share contribution for traffic improvements in accordance with any lawfully-adopted regulation applicable to this property. Ib/NAT6/l00 5-2 \00< OUh 155 L ,..... :--l -, I. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the inter- section of the main entrance road with CR 951 and Rattlesnake Hammock Road. 5.4 WATER MANAGEMENT A. Detailed water management plans shall be submitted for review and approval by the County Water Management Advisory Board and the County Engineer prior to the issuance of construction permits. B. The Owner shall reimburse the County for reasonable and normal additional costs that may be incurred in enlarging the proposed new Henderson Creek canal crossing, if and when canal improvements planned by the County are implemented. C. The Owner acknowledges that areas of the project site are presently subject to periodic annual flooding, and that, after development, certain areas will, by design, continue to be unusable during the normal wet season. 5.5 UTILITIES AND SERVICE FACILITIES A. The potable water supply source for the project shall be the County regional water system. B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets (provided by n licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or St~te regulatory ag~ncies. D. The OWner shall comply with applicable stipulations per memorandum dated November 29, 1983, from Utilities Manager to Plan Implementation Department, referencing lb/NATB/lOO 5-) lOOt OHI" 15fl L ,-. ~ this Document, and consisting of three pages as attached hereto. E. Telephone and power service shall be made available to all required areas of the project. F. Onsite water well or wells may he constructed (as permitted) for flooding of the Swamp Buggy track and other nonpotable uses. G. Waste products shall be collected and periodically removed from the site and disposed of in accordance with applicable codes and ordinances. IJ. All necessary casements, dedications, or other instru- ments shall be granted to provide for the continued operation and maintenance of all utilities and service facilities. 5.6 LANDSCAPING hND BUFFER AREAS A. The Owner shall comply with applicable zoning regulations for required landscaping. Landscaping plans and/or lists will be submitted to the County Environmentalist for review prior to construction. B. To the extent possible and practical, native vegetatioll shall be incorporated into any landscaping on the project. c. The Owner shall maintain a buffer of natural vegetation on the property perimeter as generally illustrated on the Master Plan. In general, this buffer shall be a minimum of fifty (50) feet wide, except on the west property line, where the minimum width shall be twenty (20) feet. 5.7 CLEARING, GRADING, AND EARTHWORK A. Clearing, grading, and earthwork shall be performed in accordance with applicable state nnd local codes and ordinances. Plans for site clearing shall be submitted to the Count.:/ ::nvironmentalist for review prior to construction. B. To the extent possible and practical, natural vegetation will be left in place as generally illustrated on the Master Plan and as approved by the County Environmentalist. lb/NATB/lOO 5-4 IOO( 01R".157 ) L """" r:l ~ ." , \ o , ~ j I I j ! I I , i i I ; ! I ! I I C. In areas of natural vegetation not designated as cypress or palm forest on the Master Plan, removal of underbrush and shrubs shall be permitted as approved by the County Environmentalist. 5.8 PRESERVATION AREAS A. Preservation areas shall consist of the. cypress forest and palm forest areas on the southern portion of the site, as generally depicted and delineated on the Master Plan. B. To the extent possible and practical, the OWner will make good-faith efforts to maintain the preservation areas and discourage long-term degradation through invasion by exotics, etc. lb/NIIT8/l00 5-5 Ica, 0IS" .158 '-'-.~-._--_..""'------'--~--_._. L I"""""!t :-1 1 MEMORANDUM DATE: November 29 1983 TO: Ann Obert Plan Implementation Dept. FROM:I L Berzon Utilities Manager RE: Petition R-B3-24C, Swamp Buggy Days, S14. T50S, R26E We have reviewed the PUD document for the project referenced above and have no obj eetian to the rezone as requested. However, we require the following stipula- tions as a condition to our recommedndation for approval: 1) All construction plans and technical spec- ifications for the proposed Utility Fac~lities must be reviewed and approved by the Utility Division prior to commencement of construc- tion. 2) All on-site and off-site Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sewer Dis- trict. in accordance with applicable County Ordinanc~s and regulations. 3) All cust~mers connecting to the water dis- tribution facilities will be customers of the County Water-Sewer District and will be billed in accordance with a rate structure approved by the County. 4) All construction on the proposed sanitary sewage collection system shall utilize proper methods and materials to insure water tight conditions. 5) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed Water facilities to be con- structed. when they do not lie within publLc rights-of-way or Utility Easements. 6) An executed agreement between Swamp Buggy Days nnd an approved sewage Disposal Facility to be utilized for treatment of the on-site sanitary wastes generated must be. submitted with the Utility Construction' Plans, in accordance with the requirements of County Ordinance 80-112. 100< OUh, F!9 ." .. -----____ .' ._.___,_~_~4~._______..._______._. ____u __.~ ,- ,....... :--, ---, TO: Ann Ober, Plan Implementation Dept. Page 2 November 29. 1983 8) 7) All non-potable water sources constructed on- site must be clearly identified with approp- riate warning signs and must be secured to pre- vent possible access for potab~e consumption or cross-connection with the potable water facilities planned on-site. We require a written Agreement with the owner of the project, legally acceptable to the County Water- Sewer District, stating that: a) The proposed on-site wastewater collection and holding facilities to be constructed as part of the proposed project must be regarded as in- terim; they shall be constructed to State & County standards and be ovmed, operated and maintained by the owner, his assigns or succ- essors until such time as the County's Central Sewer Facilities are available to service the project;. b) Connection to the County's Central Sewer fac- ilities will be made by the owners. their assigns or successors at no cost to the County or to the County Water-Sewer District within 90 days after such facilities become available. c) Upon connection to the County's Central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim se\.1age holding facility. All work related with this activity shall be per- formed at no cost to the County or the County. Water-Sewer District. d) All construction plans and technical speci- fications related to connections to the County's Central Sewer faeili ties \.;ill be submitted for review and approval prior to commencement of construction. e) The owners, their assigns or successors shall agree to pay all system development charges at the time that Building Permits are required, Pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit re- ques t. Ir.o. 0111, 1(;0 ...... r:""'1 "'""""" TO: Ann Ober. Plan lmplemenatation Dept. Page 3 November 29. 1983 Any items within the PUD document which conflict with the above listed stipulations must be revised acc- ordingly _ 10) As stated in the PUD docuoent. this development plans to obtain potable water service from the Collier County Regional ~ater System. Connections in this system will not be available until the construction of the water supply. treatment and transmission fac- ilities are completed. At that time, connection will be on a "first come first serve" basis when the foll- owing occurs: 9) a) Water is available to the area. b) An application for service is approved. c) All applicable charges and fees are paid. ~ ILB/JFM/mf " ! \GO< 01R '. ,1(;1 L :':1 ',1 Ii 1 . I ~ I ~ I ~ 1"" ! ~ I I I i :\ i I 1 I , I ! I i ' i Ii .;1 k . I' I ' t I d 1 ~ I 11'1~ ,,! ! I I, Ii f I j I I J11 \fr~1 ! i r~ Ii I iiJ!'; I 11'11., I :\ Ii I ~ . It il,'l: Inll , ,....., iI I I i ~ ~ . .~ Ij S'~ ~ ~ ~~ ~ ~ l ! . u ~ ----------.. \GO, 0iR', H:1- 1 i ! ~ ~ I' ~ [JI: Ii 111 'Y' Il~ - , I < I . z :'i ~ ~ . ~ AGENDA ITEM TITLE: N', ! /\..vLtO->>"- AGENDA ITEM NUMBER: '1 A PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TA(~~_-X'FT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: O,A.-.JLO {/.1'2.'E.-'1:L_ ADDRESS: 8-Z;cJ( _~ ~,w-t (2.. 0t--J() REPRESENTING: PETITIONER: OTHER: (7((:-f..A.0 - ColA-I UZ ("Zi-LVC/ COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL, You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. r AGENDA ITEM TITLE: ?U ~ . 2.bo~ -A..dl- l \~z..D AGENDA ITEM NUMBER: 'l.A. PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: V\.l'^(l\^~I~tblltN~DDRESS: S"L\~S" JA6:St€K..l4.P.\~,.Sl NA'Pt-ttS ~lD9 REPRESENTING: PETITIONER: OTHER: ~ b~ ~ \A('~ ~ lNc:::.. , COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: ~(;o1J Z 7oc)> ;')1( II., z-P AGENDA ITEM NUMBER: 9,<l PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: 174;,/-1' dOPMJ' REPRESENTING: PETITIONER: S'iA,,~___ - ADDRESS: "I 'Zt (J /",- r'.g LJ./<- 5 '-"" ftlAtJ.7 OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.