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CCPC Backup 06/17/2010 Rccpc REGULAR MEETING BACKUP DOCUMENTS JUNE 17, 2010 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JUNE 17, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR 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 —No minutes to approve 6. BCC REPORT- RECAPS — June 8, 2010 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. BD- PL2009 -1259 Timothy R. McKenzie represented by Eric Schneider of Turrell, Hall & Associates, Inc., is requesting a 36 -foot boat dock extension over the maximum 20 -foot protrusion limit as provided in Section 5.03.06 of the LDC to allow a 56 -foot dock facility to accommodate two vessels. Subject property is located at 47 Southport Cove, Lot 52 of Southport on the Bay, Unit 2 in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. CU- PL2010 -277 Grace Place for Children and Families, Inc., represented by Christopher Thornton, Esquire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use to expand the existing provisional use as a church to allow a school in the Residential Single Family (RSF -3) Zoning District, with an ST/W -4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.l.c.3. The proposed new Conditional Use will permit expansion of an existing church and school by adding a new 7,200 square -foot building to be used primarily as a school. The 4.01± acre site is located at 4300 21" Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] B. PUDZ- 2008 -AR- 13375, The North Naples United Methodist Church Inc., represented by Tim Hancock of Davidson Engineering, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum 1,900 seat Church and Church Related Facilities, a maximum 3,100 seat Civic and Cultural Facilities, a maximum 200 student School and a maximum 209 unit Adult Assisted Living Facility to be known as The North Naples United Methodist Church Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 13.0 acres, is located on the east side of Goodlette -Frank Road (CR -951) approximately ±1500 feet north of Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] C. PUDZ- A- PL2009 -2031 Rock Creek Holdings, LLC, represented by R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson Engineering, Inc., is requesting a rezone from the Residential Planned Unit Development (RPUD) zoning district for a project that is currently known as the Meridian Village RPUD, to the Mixed Use Planned Unit Development (MPUD) zoning district for a project that will be known as the Meridian Village MPUD to allow for development of up to 480 beds for adult housing which may include assisted living facilities, continuing care retirement community facilities or independent living units and/or to allow for the site to be developed as a 120 -unit multi - family residential project and/or to allow development of a combination of residential uses and community facility uses including child care centers and churches. The 11.68± acre subject property is located at the northwestern corner of the intersection of Airport- Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS A. Updates to the Administrative Code [Susan Istenes, AICP, Manager, Special Projects] 12. PUBLIC COMMENT ITEM �, 501- 13. DISCUSSION OF ADDENDA C r y l r a� v,_, / r W 14. ADJOURN 6/8/10 CCPC Agenda/Ray Bellows /jmp PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday, June 17, 2010, in the Board of County Commis- sioners Meeting Room, 3rd Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: Petition: CU- PL2010 -277, Grace Place for Children and Families, Inc., represented by Christopher Thornton, Es- quire of Becker and Poliakoff, P.A. and Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use to expand the existing provisional use as a church to allow a school in the Residential Single Family (RSF -3) Zoning District, with an STM -4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsec- tion 2.03.02 A.1.c.3. The proposed new Conditional Use will permit expansion of an existing church and school by add- ing a new 7,200 square -foot building to be used primarily as a school. The 4.01± acre site is located at 4300 21 st Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. In- dividual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Per- sons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials includ- ed in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zon- ing and Land Development Review prior to June 17, 2010, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. PIN,CRFI ,FWD Nu S WHITE 6ODL -11 6 aDa DA E a E 3 uxrt N eDULEVARD „ � ,. ¢X1EP uHli i6 �Dt BLW. WD fR¢x 8�,9. PUD GOLDEN GATE PROJECT LOCATION 21 CITY 22_ 2] 24 rv�WT6 caxx A,Es D H.rE 21 ACMnxDA 9 Anax 27 26 25 6 —IA �KCEWAx 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 includes all testimony and evi- dence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman PTTRT.TC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday, June 17, 2010, in the Board of County Commis- sioners Meeting Room, 3rd Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: Petition: PUDZ- 2008 -AR- 13375, The North Naples United Methodist Church Inc., represented by Tim Hancock of Da- vidson Engineering, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A., is requesting re- zoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning dis- trict to allow development of a maximum 1,900 seat Church and Church Related Facilities, a maximum 3,100 seat Civic and Cultural Facilities, a maximum 200 student School and a maximum 209 unit Adult Assisted Living Facility to be known as The North Naples United Methodist Church Mixed Use Planned Unit Development (MPUD). The subject proper- ty, consisting of 13.0 acres, is located on the east side of Goodlette -Frank Road (CR -951) approximately ±1500 feet north of Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. In- dividual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Per- sons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials includ- ed in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed w'.th the Department of Zon- ing and Land Development Review prior to June 17, 2010, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation +„ 41— o^_4 of r`^, f,, r nmmissinners. 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 includes all testimony and evi- dence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman PUBLIC NOTICE PUBLIC N U 111;r. NOT192.�E OF PUBLIC HEARING Notice is hereby given that a public hearing will beheld by the Collier County Planning Commission (CCPC) at 8:30 A.M., Thursday, June 17, 2010, in the Board of County Commis- sioners Meeting Room, 3rd Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider: Petition: PUDZ- A- PL2009 -2031 Rock Creek Holdings, LLC, represented by R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson En- gineering, Inc., is requesting a rezone from the Residential Planned Unit Development (RPUD) zoning district for a proj- ect that is currently known as the Meridian Village RPUD, to the Mixed. Use Planned Unit Development (MPUD) zoning district for a project that will be known as the Meridian Village MPUD to allow for development of up to 480 beds for adult housing which may include assisted living facilities, continu- ing care retirement community facilities or independent living units and /or to allow for the site to be developed as a 120 - unit multi - family residential project and /or to allow develop- ment of a combination of residential uses and community facility uses including child care centers and churches. The 11.68± acre subject property is located at the northwestern corner of the intersection of Airport- Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. In- dividual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Per- sons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials includ- ed in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zon- ing and Land Development Review prior to June 17, 2010, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a perma- nent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. Q UEBIG RADIO RADIO ROAD w BA %ON OUARE (C.R. 856) MANOR WESTNEW g ISLES PLAZA REGENCY AIRPORT AUTOHAUS SUMMERW00D 2 MERIDIAN AIRPORT 1 FOXE 6 VILLAGE PLAZA MOON SPRINGWOOD LAKE SALVATION m m BROOKSIDE ARMY 4;NOR Dnvls BOULEVARD NORTH W (s.R. as LOCATION KE R l ENTRY Z DEVOE d LEVEL AC PONTI LOCH CORRADI U RIDGE PROFESSIONAL GALLMAN PARK ESTATE KINGS LAKE 11 (P) 12 (DRI) MILLER COWER COUNTY SQUARE GOVT. COMPLE% Q S (DRI) CROWN POINTE COL R U 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 includes all testimony and evi- dence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman No. 231163142 May 30 2010 a& MERIDIAN VILLAGE (MPUD) TABLE OF CONTENTS LIST OF EXHIBITS PAGE EXHIBIT A PERMITTED USES 1 EXHIBIT B DEVELOPMENT STANDARDS 7 EXHIBIT C MASTER CONCEPT PLAN 11 EXHIBIT D LEGAL DESCRIPTION 12 EXHIBIT E REQUESTED DEVIATIONS FROM LDC 13 EXHIBIT F DEVELOPMENT COMMITMENTS 14 EXHIBIT G PART 77 CONTROLLING SURFACES 18 FOR NAPLES AIRPORT Meridian Village MPUi um, 2010 n COMPARISON PUD D0Cljiv1Ell`r EXHIBIT A PERMITTED USES: TRACT A The Meridian Village MPUD is planned for up to 120 residential units or limited community facility (CF) uses including but not limited to assisted living facilities (ALF), continuing care retirement communities (CCRC) and independent living units for age 55 plus and senior housing. Community Facility (CF) The maximum size for the ALF and CCRC for age 55 plus and similar facilities shall not exceed a floor to area ratio (FAR) of .60 and 480 beds. For each 4 ALF beds constructed, one residential dwelling unit shall be subtracted from the maximum of 120 permitted residential units identified in the Residential section of this document. 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 primary uses: A. Principal Uses 1. Assisted Living Facilities (ALF) as defined in the LDC and pursuant to §429 F.S., Continuing Care Retirement Communities (CCRC) and Independent Living Units (ILU) for age 55 plus pursuant to § 410.502 F.S. and ch. 58A -5 F.A.C; § 651 F.S. All ALF and CCRC uses shall be permitted at a combined maximum F.A.R. of 0.60. Nursing and Personal Care Facilities (8051, 8052) shall be consistent with operational characteristics stated on page 3 of this document. The maximum number of beds proposed is 480. 2. Adult Day Care Centers, (8322) limited to 150 adults requiring care. 3. Family Care Facilities, Group Care Facilities (Category I), as defined in the LDC and Nursing Homes, (8051, 8052) subject to LDC Section 5.05.04. 4. Child Care Centers, (8351, limited to child care centers). 150 students requiring care only. 5. Churches & Places of Worship, (8661) not to exceed 1,150 seats. 6. Cultural Facilities including buildings for theatrical, symphonic, orchestral and or operatic productions, subject to additional landscape requirements contained in Exhibit F. 7. Civic, Social and Fraternal Associations (8641), subject to additional landscape requirements contained in Exhibit F. 8. Museums (8412) Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 1 of 18 9. Essential Service Facilities, limited to police; fire, emergency medical, public parks and public libraries. 10. Water Management Facilities /Lakes and related structures. 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 accessory uses to be utilized for the foregoing principal uses: B. Accesso a Uses 1. Boat Ramps subject to Section 5.03.06 and the applicable review criteria set forth in Section 5.05.02, limited to provide access for small boats, kayaks and canoes only. No dockage shall be provided. 2. Customary accessory uses including, but not limited to, maintenance buildings, private garages, carports, clubhouse, indoor and outdoor recreational facilities and swimming pools with or without screened enclosures, unlighted playfields, playgrounds and similar facilities. 3. Lending Library (Group 8231), incidental to ALF and CCRC uses 4. Personal Services (7231, 7241), Dining, Private Restaurant /Lounge and all customary services incidental to ALF and CCRC uses C. Operational Characteristics for AFL units including CCRC and Independent Living Units for Persons Over Age 55: The developer, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager /activities coordinator to assist residents with their individual needs. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 2 of 18 6. Each unit shall be equipped with pull cords designed to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed so that a resident is able to age -in- place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 3 of 18 Residential (R) A residential development would be designed to accommodate a full range of residential multi family dwelling types, compatible recreational facilities, essential services and customary accessory uses. Should the site develop with residential units, no CF facilities will be constructed. A. Principal Uses The number of dwelling units proposed to be constructed is 120 units. The gross project density, therefore, will be a maximum of 10.27 units per acre. 1. Townhouse dwellings 2. Multi - family dwellings 3. Essential services 4. Water management facilities and related structures 5. Sales and administrative offices for the developer, project management or managing development association, including necessary access ways, parking areas and related uses B. TemporgU Uses 1. Model units 2. Project information and Sales centers 3. Construction administrative offices for the developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses C. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities and property management and maintenance structures intended to serve the residents and guests of the proposed development. 2. Garages and carports. 3. Administration facilities intended to serve the residents and guests of the proposed development. 4. Swimming Pools, Tennis courts and other recreational facilities and buildings. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 4 of 18 D. Development Standards Unless set forth in this Document, or as noted in Exhibit B (Table I1), the following development standards shall apply to principal structures: 1. Setback from back of curb or edge of pavement of any road - twelve (12') feet except for guardhouses, gatehouses, signage, walls, access control structures and landscape features, which shall meet LDC requirements where applicable. 2. Sidewalks and bike paths may occur within County required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path or cart path. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: june 8, 2010 Page 5 of 18 PERMITTED USES: TRACT B Preservation (P) A. Permitted Uses 1. Boardwalks, nature trails, gazebos and boat ramps (limited to provide access for small boats, kayaks and canoes only. No dockage shall be provided) subject to Section 5.03.06 and the applicable review criteria set forth in Section 5.05.02 (elevated and at grade as long as any clearing required to facilitate these does not impact the minimum required vegetation). 2. Native preserves and wildlife sanctuaries. 3. Water management structures. 4. Any other conservation and related open space activity or use which is compatible in nature with the foregoing uses, and which the Board of Zoning Appeals (BZA) determines to be compatible in the Preserve Area. B. Accessory Uses Where Preserve areas are shown on the Master Concept Plan and the LDC requires landscape buffers, the preserve vegetation may contribute in part or in whole to the landscape buffer when it is demonstrated that the preserve vegetation meets or exceeds the buffer requirements of the LDC. Landscape buffers must remain exotic free while demonstrating sufficiency to achieve minimum buffer standards. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 6 of 18 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Community Facilities within the proposed Mixed -Use Planned Unit Development (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I COMMUNITY FACILITIES DEVELOPMENT STANDARDS 'ALF /CCRC/ILU and associated medical uses only excluding parking areas under buildings. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 7 of 18 CF MINIMUM LOT AREA 10,000 Square Feet MINIMUM LOT WIDTH 80 feet MINIMUM FLOOR AREA OF 1,000 square feet BUILDINGS MAXIMUM FLOOR AREA RATIO 0.60 PUD PERIMETER REQUIREMENTS MINIMUM BUILDING SETBACK 25 Feet (FROM AIRPORT - PULLING ROAD) MINIMUM BUILDING SETBACK (FROM WEST BOUNDARY & SOUTH 50 Feet BOUNDARY EAST AND WEST OF STEEVES AVENUE ONLY) MINIMUM YARD REQUIREMENTS Front: Principal Structure 25 feet Accessory Structure 10 feet Side: Principal Structure 25 feet Accessory Structure 10 feet Rear: Principal Structure 25 feet or 11/2 of the BH (whichever is greater) Accessory Structure 10 feet Internal Drives 15 feet from edge of drive aisle Minimum Distance Between Structures 1/2 of the SBH (but no less than 15 feet) MAXIMUM HEIGHT Zoned: Principal Structure: 3- stories not to exceed 45 feet Accessory Structure: 20 feet Actual: Principal Structure: 57/75 Feet Accessory Structure: 27 feet PRESERVE SETBACK REQUIREMENTS Principal Structures 25 feet Accessory Structures 1 10 feet 'ALF /CCRC/ILU and associated medical uses only excluding parking areas under buildings. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 7 of 18 2Actual height for a permitted church steeple if develope BH = Building Height (Zoned Height per the LDC) SBH = Sum of Building Heights Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Architectural bank treatments shall include any structural materials used to retain earth such as concrete stone or wood placed to LDC requirements. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 8 of 18 Table II below sets forth the development standards for Multi Family Residential land uses within the proposed Mixed -Use Planned Unit Development (MPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS BH = Building Height (Zoned Height per the LDC) SBH = Sum of Building Heights Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 9 of 18 TOWNHOUSE MULTI - FAMILY DWELLINGS MINIMUM LOT AREA 3,000 Square Feet N/A MINIMUM LOT WIDTH 30 Feet N/A MINIMUM FLOOR AREA OF BUILDINGS 1,200 Square Feet 1,000 Square Feet PUD PERIMETER REQUIREMENTS MINIMUM BUILDING SETBACK 25 Feet 25 Feet (FROM AIRPORT-PULLING ROAD) MINIMUM BUILDING SETBACK (FROM WEST BOUNDARY& SOUTH 50 Feet 50 Feet BOUNDARY EAST AND WEST OF S TEE VES AVENUE ONLY) MINIMUM YARD REQUIREMENTS Front: Principal Structure 20 feet 20 feet Accessory Structure 20 feet 20 feet Side: Principal Structure 0 Feet or %2 of the BH '/2 of the SBH Accessory Structure 10 feet 10 feet Rear: Principal Structure 10 feet %2 of the BH Accessory Structure 10 feet 10 feet Minimum Distance Between Structures Principal Structure '/2 of the SBH %2 of the SBH Accessory Structure 10 feet 10 feet MAXIMUM HEIGHT Zoned: Principal Structure 3- stories not to 3- stories not to exceed 45 Feet exceed 45 Feet Accessory Structure 25 Feet 25 Feet Actual: Principal Structure 52 Feet 52 Feet Accessory Structure 25 Feet 25 Feet PRESERVE SETBACK REQUIREMENTS Principal Structures 25 Feet 25 Feet Accessory Structures 10 Feet 10 Feet BH = Building Height (Zoned Height per the LDC) SBH = Sum of Building Heights Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 9 of 18 Front yards shall be measured as follows: a. If the parcel is served by a public right -of -way, setback is measured from the adjacent right of way line. Sidewalks shall be located in the right -of -way. b. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge -of- pavement (if not curbed). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Architectural bank treatments shall include any structural materials used to retain earth such as concrete stone or wood placed to LDC requirements. Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 10 of 18 msra o U�yO V < /T/IOa3wIY00 2 l E3. 03poadwl'3Sn ONn7 O g 0 0 - .ONINOZ �x3 N�3 �Ky N � �n�oaaww 03AOadwl 3sn ON s -o DNW W.-®ri"i �r � _ I 9 [ • / 0� �� s� fl � i � ... Yree,s atids3se se > 1 I i ._ - -- y ai!rrn.mn�rin 9 EXHIBIT C MASTER CONCEPT PLAN Z =�N N s �o I r� L J XF y b W W 8 O b1 S W ((=,,,)) (Q/j 0' 4, v 2 g2g i cr w u: B yNy� U p z Z^ N 0 W 6 o 0 Z vZ a� r 0 Z 51 LLI r 0 Ix 2 ? �o r O�� jOr4- LL' W 5 AIL KK OCv a Z ^aW ti W Z V LL J J z3 W ( m N o W 50 Ly &g CL r r '_r. Q 0 mmmmm aG msra o U�yO V < /T/IOa3wIY00 2 l E3. 03poadwl'3Sn ONn7 O g 0 0 - .ONINOZ �x3 N�3 �Ky N � �n�oaaww 03AOadwl 3sn ON s -o DNW W.-®ri"i �r � _ I 9 [ • / 0� �� s� fl � i � ... Yree,s atids3se se > 1 I i ._ - -- y ai!rrn.mn�rin 9 =�N N �o I r� L J z W�W Z ME? =3' If g w LO �o 7 F �B x Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 11 of 18 EXHIBIT D LEGAL DESCRIPTION: COMMENCING AT THE EAST '/4 CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89° 38' 10" WEST 13.00 FEET TO THE WEST LINE OF AIRPORT ROAD; THENCE SOUTH 00° 31' 26" EAST 1312.46 FEET ALONG SAID LINE TO THE INTERSECTION OF THE NORTH LINE OF ESTEY AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 89° 37' 00" WEST 340.07 FEET ALONG THE NORTH LINE OF ESTEY AVENUE; THENCE LEAVING SAID LINE AND IN ACCORDANCE WITH THE BOUNDARY LINE AGREEMENT AS RECORDED IN O.R. BOOK 764, PAGE 757, THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1) NORTH O 1 ° 09' 40" WEST 129.40 FEET; 2) NORTH 88° 50' 20" EAST 40.00 FEET; 3) NORTH 01° 9'40" WEST 50.76 FEET; 4) SOUTH 88° 50'20" WEST 135.00 FEET; 5) NORTH 01° 09'40" WEST 50.76 FEET; 6) NORTH 88° 50' 20" EAST 135.00 FEET; 7) NORTH 01 ° 09' 40" WEST 203.04 FEET; 8) SOUTH 88° 50'20" WEST 344.12 FEET; 9) NORTH 00° 43' 37" WEST 372.75 FEET MORE OR LESS TO THE MEAN HIGH WATER ELEVATION 1.61 (NGVD 29): THENCE GENERALLY MEANDERING NORTHEASTERLY ALONG SAID LINE, 940 FEET MORE OR LESS: THENCE SOUTH 420 06' 50" EAST 46.56 FEET TO A POINT ON THE WEST RIGHT OFWAY LINE OF AIRPORT PULLING ROAD; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 000 31' 26" EAST 1147.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD CONTAINING 11.68 ACRES MORE OR LESS Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 12 of 18 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: A deviation from LDC Section 6.06.01.0 which establishes the minimum right -of -way widths to be utilized, to establish that all internal roadways shall be subject to a 50 foot right - of -way configuration. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 13 of 18 EXHIBIT F DEVELOPMENT COMMITMENTS: AFFORDABLE - WORKFORCE -GAP HOUSING COMMITMENT AND RESTRICTIONS: Fifteen (15 %) percent of the multi - family residential dwelling units (excluding CF uses) ultimately developed within the project, shall be sold by the developer to individuals, or families that earn less than eighty (80 %) percent of the Collier County median family income. For the purposes of this MPUD, these specific units shall be described as "affordable- workforce housing units ". Five (5 %) percent of the dwelling units ultimately developed within the project, shall be sold by the developer to individuals or families that earn less than one - hundred fifty (150 %) percent of the Collier County median family income. For the purposes of this MPUD, these specific units shall be described as "affordable -gap housing units ". The median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Federal Register, as adjusted for family size, in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the developer and the County shall mutually agree to a reasonable and comparable method of computing adjustments in median income. The following limitations and performance standards shall be adhered to: 1. No affordable- workforce housing until in the development shall be sold by the developer to those whose household income has not been verified and certified to be less than eighty (80 %) percent of the median family income for Collier County. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager, or his designee for approval. 2. No affordable -gap housing unit in the development shall be sold by the developer to those whose household income has not been verified and certified to be less than one - hundred fifty (150 %) percent of the median family income for Collier County. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager, or his designee for approval. 3. No affordable- workforce housing unit or affordable -gap housing unit is to be sold, shall be sold, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this MPUD Document. It is the intent of this MPUD to keep affordable housing as such; therefore, any person who buys from the developer an affordable- workforce housing unit or an affordable -gap housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the affordable- workforce or affordable -gap housing unit is sold, (including the land and/or the unit) within 15 years after its original purchase price that he /she will pay to the County an amount equal to one -half of the sales price in excess of five percent increase per year. Such payment shall be maintained in a segregated fund, established by the County solely for affordable housing purposes and such money shall be used to encourage, provide for, or Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: Jule 8, 2010 Page 14 of 18 promote affordable housing in Collier County. The lien instrument may be subordinated to a qualifying first mortgage. 4. No affordable- workforce housing unit or affordable -gap housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or resident manager. When the developer advertises, sells, or maintains the affordable- workforce housing unit or the affordable -gap housing unit, it must advertise, sell and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such affordable -workf ce housing unit or affordable -gap housing unit. The developer agrees to be responsible for payment of any real estate commission and fees for the initial sale from the developer to the buyer. 6. The developer shall submit a yearly report to the County indicating the status of the affordable- workforce and affordable -gap housing units. 7. This Affordable - Workforce -Gap Housing commitment will allow Collier County Growth Management Division permitting to be completed on an expedited basis as provided by the appropriate Collier County ordinances and resolutions. 8. The dwelling units to be offered for sale to persons meeting the affordable workforce and affordable gap housing guidelines set forth herein shall be offered for sale to such qualified persons beginning with the date of issuance of the building permit for each building containing said dwelling units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said dwelling units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. ENVIRONMENTAL Preserve Area Calculation: 8.33 acres (existing vegetation) x 25% = 2.08 acres to be preserved. TRANSPORTATION: 1. Prior to issuance of certificates of occupancy, and if warrants dictate, the developer shall construct an additional eastbound left turn lane on Estey Avenue at its intersection with Airport Road. The length of the turn lane is to be determined by Collier County Transportation Staff up to a maximum distance that can be accommodated along the developer's frontage. The length will further be determined given consideration to the project's access location and normal transportation engineering practices. 2. Prior to the issuance of certificates of occupancy, the developer shall construct a turnaround within the existing Steeves Avenue Right -of -Way. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 1S of 18 3. The developer shall be allowed to use the existing curb cut on Airport Road during the construction of Meridian Village MPUD. Once construction of the development is completed, the developer shall convert the existing curb cut into a traffic controlled right in- right out access point. 4. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. 5. Relative to permitted CF uses, 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 locations(s) as directed by the Collier County Transportation administrator or his designee. PROXIMITY OF PROPERTY TO NAPLES AIRPORT: The developer shall provide the following to the Naples Airport Authority: 1. An executed Aviation Easement and Release (first five pages), once the MPUD has been approved by the Board of County Commissioners. 2. A statement within the Project's Condominium or Association Documents that states the following: "The Naples Municipal Airport is located less than one mile to the Northwest of the Condominium, in close proximity to the community. Purchaser's can expect all the usual and common noises and disturbances created by, and incident to, the operation of the Airport". Purchasers shall acknowledge they have read the Condominium or Association Documents by signing a letter, which the developer shall send to the Naples Airport Authority. The Condominium or Homeowner's Association shall not have the right to remove this clause at any time from their documents. 3. Future SDP applications shall be forwarded to the Naples Airport Authority for review. 4. No Structures shall be placed inside the Runway Protection Zone, as labeled on the MPUD Master Plan. 5. Building Heights will comply with the Part 77 Controlling Surfaces for Naples Airport as shown on Exhibit G. LANDSCAPING: 1. The landscape buffer on the west property line and the south property line that extends east and west of Steeves Avenue shall contain trees with a minimum height of 12 feet spaced no more than 25 feet on center. Existing trees that can be saved within the buffer shall remain if practicable and be counted as buffer trees as allowed in the LDC. Hedges in the enhanced buffer shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 16 of 18 2. For uses listed under A.6. and A.7. of Tract A, the minimum buffer requi accordance with LDC requirements for a type `B' buffer, inclusive of a property lines adjacent to residential zoning. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 17 of 18 EXHIBIT G PART 77 CONTROLLING SURFACES FOR NAPLES AIRPORT: Ak I r< t--11 U I,-"\ I ,/ z R PECT AV CORPOR/ 91JARE RADIO RD (C.R. 856) 'T LOR AINE AV WESTVIEW DR THY AV GAIL BLVD E::::� E < z C AZEL z NORT C-OCON I IT IR SE RAPE,.A, , V V) EARL S < LOTUS L::� -0 YS- CREEK IA AV 0 V Al z < QUAVA D R EpH--B SC ST z 0 )R R Uj < -:.0 1 ESTEY D AV 4 UT R. -FL iONNECTICUT A I wwnnn A\7/ TEY AV < Ld > Z Ld DAVIS BLVO EXTENSION (SR 8. Meridian Village MPUD COMPARISON PUD DOCUMENT Revised: June 8, 2010 Page 18 of 18 A CP- 2008 -4 Tune 17, 2010 Continued CCPC Adoption Hearing 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Essential services not identified above in 4f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one - year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3) Commercial uses accessory to permitted uses 4.a), 4.c) and 4.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (4) Oil and gas field development and production. Where practicable, directional - drilling techniques and /or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfillina, dryfillina, incinerating, or other method of onsite solid waste disposal. b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subject to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. CS /HA -C 6 -16 -10 June 17 Revised Adoption Language 2 G: \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2007 -2008 Combined Cycle Petitions \2008 Cycle Petitions \CP - 2008 -4 re- designate RFMUD Sending to Neutral 6/16/10 =#I PROPOSED (5) Facilities for resource recovery and for the collection transfer, processing and reduction of solid waste for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31 Township 49S Range 27E provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from eaanding uses This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling dryfilling incinerating, or other method of onsite solid waste disposal. FWF RECOMMENDED REVISIONS in GREEN (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are ilize(JAto_avoid im ; to native habitats and to )rot existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfillinp, incinerating,, or other method of onsite solid waste disposal. Proposed Schedule for Adoption of Administrative Code and Comprehensive Review of LDC, Administrative Code and the Code of Laws and Ordinances of Collier County, FL Task Week No. Start Date Length Type Dependent On A. Review Draft Week 1 June 1, 2010 28 weeks (7 months) Sequential Staff: Zoning Services & Consultant Administrative Code B. Approve transfer from Week 22 - DSAC & Nov. 3, 2010 8 weeks (2 months) Parallel A Staff: Zoning Services & Consultant LDC to Admin Code CCPC ends Dec. 2010 (existing text) Boards: DSAC, CCPC, BCC Week 24 — CCPC Week 28 - BCC C. Review Admin Code Week 1 Jan. 3, 2011 36 weeks (9 months) Sequential Staff: Zoning Services & Consultant Text Boards: Special Task Force? D. Approve Amendments Week 36 Sept. 5, 2011 12 weeks (3 months) Parallel C Staff: Zoning Services & Consultant to Admin Code Text * ends Dec. 2011 Boards: DSAC, CCPC, BCC E. Review & Reorganize Week 1 Jan. 2, 2012 32 weeks (8 months) Sequential Staff: Zoning Services & Consultant LDC ( fix recodification issues) F. Approve Amendments Week 32 August 6, 2012 12 weeks (3 months) Parallel E Staff: Zoning Services & Consultant to reorganized LDC ends Nov. 2012 Boards: DSAC, CCPC, BCC * Amendments to the Administrative Code text will not require DSAC or CCPC review by law however it is assumed that for the initial review the Board of County Commissioners will want these Boards recommendations * *Amendments to the Code of Laws does not required DSAC or CCPC review however time for their review has been accounted for in this schedule Breakdown of proposed Schedule for Adoption of Administrative Code and Comprehensive Review of LDC, Administrative Code and the Code of Laws and Ordinances by month and color Orange A Orange B Yellow C Yellow D Green en Administrative Code Adoption (Orange) Administrative Code Text Review (Yellow) LDC Review and Reorganize (Green) Code of Laws Review (Purple) BEFORE Section 10.08.00 CONDITIONAL USES PROCEDURES CURRENTOJOeTEXT %00 COLLIER COUNTY LAND DEVELOPMENT CODE 10.08.00 CONDITIONAL USES PROCEDURES A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Written petition. A written petition for conditional use shall be submitted to the County Manager or his designee indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoning appeals must make under section 10.08.00 D. below. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following, where applicable: 1. Conceptual site development plans at an appropriate scale showing the proposed place- ment of structures on the property, provisions for ingress and egress, off - street parking and off - street loading areas, refuse and service areas, and required yards and other open spaces. The conceptual site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under section 10.02.03, as applicable. 2. Plans showing proposed locations for utilities. 3. Plans for screening and buffering with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by county regulations. 5. Proposed signs and lighting, including type, dimensions, and character. 6. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground - truthing surveys shall take precedence over photographic evidence. Where this zoning code places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met. Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrently in accordance with the procedures set forth in section 10.02.08 and this section. C. Notice and public hearing. Notice and public hearing by the planning commission and the board of zoning appeals shall be as provided for under section 10.03.05 B., such that the provisions applicable LDC10:172 APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES to the board of county commissioners shall apply to the board of zoning appeals All testimony given shall be under oath and the action by the planning commission and the board of zoning appeals shall be quasi - judicial in nature. Additionally, the requirements of section 10.02.05 E. must be met_ D. Findings. Before any conditional use shall be recommended for approval to the board of zoning appeals, the planning commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 1. Consistency with this Code and growth management plan. 2. 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. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Conditions and safeguards. In recommending approval of any conditional use, the planning commission may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning code. Any conditional use shall expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. Any conditional use shall expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. The board of zoning appeals may grant a maximum of one one -year extension of an approved conditional use upon written request of the petitioner. 4. JPublic facility dedication. The board of county commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and /or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier LDC10:173 COLLIER COUNTY LAND DEVELOPMENT CODE 10.07.02 County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and /or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the conditional use process. In any case, however, the county shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the board of reconsideration of approved conditional use and may result in a violation of this code pursuant to section 8.08.00. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. F. Denial. If the planning commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Status of planning commission report and recommendations. The report and recommendations of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. H. Board of zoning appeals action on planning commission report. Upon receipt of the planning commission's report and recommendations, the board of zoning appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require four affirmative votes of said board. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or his designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require submission, review and approval of a new conditional use application. LDC10:174 APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES 10.02.00 K. 10.09.00 D. K. Conditional use application processing time. An application for a conditional use will be considered "open ", when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed' will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed' may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the request will be subject to the then current code. 1. Applicability. All applications for conditional use whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section 10.08.00 K. above. L. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. (Ord. No. 05 -27, § 3.CCC; Ord. No. 06 -07, § 3.Y) 10.09.00 Variance Procedures A. Conditions and safeguards. In recommending approval of any variance, the planning commission may recommend appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after -the -fact variances, the planning commission may recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code. B. Recommendation of denial. If the planning commission recommends denial of a variance, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 9.04.03 of this Code, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. C. Status of planning commission report and recommendations. The report and recommendation of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. D. Notice of board of zoning appeals public hearing. Upon completion of the public hearing before the planning commission, the petition shall be heard by the board of zoning appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the board of zoning Supp. No. 3 LDC10:175 COLLIER COUNTY LAND DEVELOPMENT CODE 10.09.00 D. 10.09.00 1.1. appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. E. Board of zoning appeals public hearings. The public hearing shall be held by the board of zoning appeals. Any party may appear in person by agent or attorney, or may submit written comments to the board of zoning appeals. F. Board of zoning appeals action. Upon consideration of the planning commission's report, findings and recommendations, and upon consideration of the standards and guidelines set forth in section 9.04.03 of this code, the board of zoning appeals shall approve, by resolution, or deny a petition for a variance. G. Conditions and safeguards. In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this zoning code, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after - the -fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. H. Limitations on power to grant variances. Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of this zoning code in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. Variance application processing time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the request will be subject to the then current code. 1. Applicability. All applications for a variance whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section I. above. (Ord. No. 05 -27, § 3.DDD) Supp. No. 3 LDC10:176