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CCPC Agenda 05/02/2013 R CCPC MEETING AGENDA MAY 2, 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 2, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 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 April 4,2013 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PL20120001213/CP-2012-3: A petition requesting amendments to the Future Land Use Element(FLUE), to change the Bayshore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development,adding allowance for residential-only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards—all without increasing the total density allowed within the Overlay; and, to add cross references to other FLUE provisions. [Coordinator: David C. Weeks,AICP,GMP Manager] 1 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued from the April 4, 2013 CCPC meeting, and will be heard as a Consent item 8A listed above immediately after being heard. A. PL20120001213/CP-2012-3: A petition requesting amendments to the Future Land Use Element(FLUE), to change the Bayshore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential-only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards—all without increasing the total density allowed within the Overlay; and,to add cross references to other FLUE provisions. [Coordinator: David C. Weeks,AICP, GMP Manager] B. CU-PL20120001074: Community Congregational Church,a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a private school and a childcare center within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11. respectively, of the Collier County Land Development Code for property located in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP,RLA,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. PLANNING COMMISSIONER COMMENTS 15. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 Patricia L. Morgan From: KendallMarcia <MarciaKendall @colliergov.net> Sent: Thursday, April 25, 2013 8:00 AM To: Patricia L. Morgan Cc: Weeks, David; Bosi, Michael; Puig,Judy Subject: 2012 Cycle GMP Amendments Item 9A Advertised &8A Concent - Continued from 4/4/13 to 5/2/13 Attachments: Exhibit A CP-2012-3 final 4-24-13 for CCPC.docx; cover sheet - Agenda item 9A then 8A 5-2-2013 CCPC meeting.docx Importance: High Trish, Per the above subject,there is only one document that required changes for re-review by CCPC, please find attached "Exhibit`A'Text Changes" and cover sheet for project/petition#PL2ol2o00l213/CP-2o13-3 for the May 02,2013 CCPC meeting. This would be for Clerk of Courts(your)files, and also for the Court Reporter, if you would please print and provide to them at the 5/2/2013 meeting. Thank you! Cordially, Ma aa. Marcia R. Kendall, Senior Planner Growth Management Division/Planning& Regulation Planning& Zoning Department Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendall@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 AGENDA ITEM 9-A, will then be heard as Agenda Item 8A (Consent) NOTE: This item has been continued from the April 4, 2013 CCPC meeting, and will be heard as a Consent item 8A immediately after being heard. P12012000121 3/CP-2012-3: A petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore/Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential- only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards - all without increasing the total density allowed within the Overlay; and, to add cross references to other FLUE provisions. [Coordinator: David C. Weeks, AICP, GMP Manager] 1 EXHIBIT "A" CP-2012-3 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** *** *** text break *** *** *** OBJECTIVE 5 *** *** *** text break *** *** *** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** I. URBAN DESIGNATION Words underlined are added;words stFusk-thfu are deleted—presented to CCPC on 4/4/13. Words double underlined are added;words doubles are deleted—from 4/4/13 CCPC discussion. 2 *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gatewav Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Words underlined are added;words struck thru are deleted—presented to CCPC on 4/4/13. Words double underlined are added;words dettble=s4Fue are deleted—from 4/4/13 CCPC discussion. 3 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Words underlined are added;words ctruck thru are deleted—presented to CCPC on 4/4/13. Words double underlined are added;words doubles are deleted—from 4/4/13 CCPC discussion. 4 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units - 25% of the total density pool units available. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63), . For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pulling Road or US 41 East, are allowed to develop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units - 25% of the total density pool units available. In order to be eligible for this higher density the development must comply with the following: a. Project shall,must be in the form of a PUD. Project site Mistert=00141069 shall be a minimum of three acres. Project shall constitute redevelopment of the site. Redevelopment means the demolition of existing buildi Qs and the construction of new buildings and/or the restoration of existing buildings and/or the demolition of existing site improvements and the construction of new site improvements and/or the restoration of existing site improvements. OR Redevelopment means the development of a site that is or was previously developed with buildings and/or site improvements. AND If a redevelopment project includes lands not previously developed, then the previously undeveloped portion of the project shall not be eligible for calculation of bonus density pool units. d. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs, 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center_ n zoning overlay Words underlined are added;words struck-thru are deleted—presented to CCPC on 4/4/13. Words double underlined are added;words cleoble=stfueli=ttir=u are deleted—from 4/4/13 CCPC discussion. 5 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and45 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. c. Buildings containing mixed use (residential uses over commercial-uses) are limited to a •• -- --- -- - - , -- . ..- - - - - - _- .. _- - • - : stories only. of 20,000 square feet gross floor area. • 9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9-10. -_-- - _'- - •-- - - - _ - •- - - -- - - - _ =_- _= __ _ _•- - •--- - - • - - - - - - - - - • • - - - -- - -- -- - • -: --- - - _ - - -- _ able- - - - - - - - - 9�ij-ytheafford workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 44711. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 44- 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Exhibit A CP-2012.3 final 4-2413 GAMES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2012 Cycle Petitions\CP-2012-3 BGTRO changes dw/10-4-12&423&2413 Words underlined are added;words struck-t ru are deleted—presented to CCPC on 4/4/13. Words double underlined are added;words are deleted—from 4/4/13 CCPC discussion. AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING& ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: MAY 2, 2013 SUBJECT: CU-PL20120001074, COMMUNITY CONGREGATIONAL CHURCH ON THE GULF APPLICANT/AGENT: Applicant: Community Congregational Church Agent: Robert D. Pritt on the Gulf, Inc. Roetzel&Andress 15300 Tamiami Trail North 850 Park Shore Drive Naples, FL 34110 Naples, FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use No. 10 and 11 of the Rural Agriculture (A) Zoning District, as provided for in Sections 2.03.01.A.1.c.10. and 2.03.01.A.1.c.11. of the Collier County Land Development Code (LDC), to allow a private school and a child care center. GEOGRAPHIC LOCATION: The subject 5.01± acre property is located on the east side of Tamiami Trail North (US 41), one mile north of Wiggins Pass Road at 15300 Tamiami Trail North, in Section 9, Township 48 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a private school and a child care center. The current Church was originally approved as a Provisional Use (Resolution 83-193) on November 1, 1983. (See Attachment A.) A second Conditional Use (Resolution 97-142) was approved for a child care center on February 25, 1997. (See Attachment B.) The conditional use for a child care center has expired. The current conditional use request is for the reinstatement of the previously CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 1 of 9 April 12,2013 ■. 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I -'•;..'•tr'•=4,:it.:. --..-.1v411,,t4L, anti" '• ., :::_-.• ..„-•-• ,,,,,,,Ti,;.-44:11.55„.._,,.. „ -,,,__ ••..i.,-4.:•ix4:::,,.....-,;,14., .....„6.c.:,-,,, -.,. ..0..„..,,....,,a1-._.• -.E.....—. •-,-—s ...- ,, R 6 ow 0..._0/ ----.„..........._ 0 6g ° z 0 TAMIAMI TRAIL (U.S. 41) o ELL, 0_ ---. R. La ti 1 0 g z 0 0 5 .m 0 m .0 ...c u .. 8 z cLI 0 o• _N D approved child care center and for the addition of a private K-8 school that will serve 90 children/students. The child care center and private school will not be operated at the same time. The existing facility consisting of a church facility and classrooms will house the child care center and K-8 school uses. The hours of operation will be typically between the hours of 8:30 a.m. and 3:15 p.m. Monday through Friday. There will be occasional after school and evening activities. The conceptual site plan depicts an existing church and parking facilities for approximately 350 cars. There is an existing grass parking area that may further serve as an outdoor recess area for the children and students. The subject property is surrounded on three sides by commercially zoned property to the north, east and south. These property boundaries have existing 10-foot wide Type A landscape buffers. Additionally, along the east property line there is an approximately 135-foot wide strip of vacant land in Napoli Village CPUD that separates the subject property from the Sterling Oaks residential development. Along Tamiami Trail North (US 41), due to a right-of-way taking, there is an existing Type D landscape buffer that ranges from 8 to 23-foot wide. Adjacent to the south property line there is a preserve area located midway along the property line. There are two points of ingress/egress to the subject site. One is located directly at Tamiami Trail North (US 41) and the other is through the adjacent property in the Napoli Village CPUD to Tamiami Trail North (US 41). Water and sewer service will be provided by the Collier County Water-Sewer District. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently developed with a church and church related facilities, zoned(A)Rural Agriculture SURROUNDING: North: undeveloped commercial property, with a zoning designation of Napoli Village CPUD East: undeveloped commercial property, with a zoning designation of Napoli Village CPUD and then developed residential property with a zoning designation of Sterling Oaks PUD. South: undeveloped commercial property, with a zoning designation of Two Lakes Plaza CPUD West: Tamiami Trail North (US 41), a 6-lane arterial road, and then a commercial strip shopping center, with a zoning designation of Audobon Country Club PUD CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 4 of 9 April 12,2013 4 fie.•, y [. a`s I - 3 ._ ;, -;• _, , . .. kr .., -. if, a , . ii I SUBJECT PROPERTY , .� II _ _ �M,; t,�,. y 44' in, c- Z t� t r . s � S'4, I— 1 r 4.4 i s' ! .� ,'fS f � � � � 3 � t4'.11 S 3 4,...k I it).Lk ' 1 i L - 7,, u s _ f f Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The property is designated Urban Mixed Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map (FLUM). The Church, originally approved on November 01, 1983 for a "Provisional Use" pursuant to Resolution 83- 193, was later granted for a conditional use for expansion and addition of a "Child Day Care Center", approved on February 25, 1997 pursuant to Resolution 97-142 (CU-96-25). The use of the Day Care facility being abandoned, the church seeks to obtain permission to use the same church facility at the same location for a private school for grades K through 8, known as "The Classical Academy of Naples". In addition to the school, the applicant further seeks permission under the same conditional use for the Day Care Center at the same facility, however, not to be operated at the same time as the school. The Urban designation reads, in relevant part: Urban designated areas will accommodate the following uses: b. Non-residential uses including: 4. Child care centers; CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 5 of 9 April 12,2013 5. Community facilities such as churches, group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that there is a decrease in the p.m. peak hour trip generation. Therefore the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Staff recommends that the subject application be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). US-41 Tamiami Trail Impacts: The first concurrency link that is impacted by this zoning amendment is Link 98.0, Tamiami Trail (US 41) between the Lee County line and Wiggins Pass Road (CR 888). This segment of Tamiami Trail (US 41) currently has a remaining capacity of 1,204 trips, and is currently at LOS "C" (Level of Service"C") as reflected by the 2012 AUIR(Annual Urban Inventory Report). Please note that Link 98.0 is within the Northwest TCMA (Transportation Concurrency Management Area). Based upon the above analysis, staff finds the above request consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Sections 2.03.01.A.1.c.10. and 2.03.01.A.1.c.11. of the LDC permits conditional uses in the Rural Agriculture (A)zoning district. The requested uses for a child care center and K-8 school are permitted as conditional uses in the Rural Agriculture (A) zoning district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 6 of 9 April 12,2013 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the Conceptual Site Plan on page three,the vehicular ingress and egress to the site will be provided through an entrance off of Tamiami Trail (US 41) and a secondary entrance off of Tamiami Trail (US 41) through the adjacent property to the north in the Napoli Village CPUD. The existing Church parking facilities will be used to service the school and child care parking. There is an existing sidewalk along the Tamiami Trail (US 41) street frontage. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed child care center and school uses should have minimal impact on neighboring properties in relation to glare, economic or noise effects. The proposed child care center and school will occur within the existing church building and facilities. Existing, mature landscape buffers mitigate noise and glare impacts. Along the north, east and south property lines are 10-foot wide Type A Landscape Buffers. Along the west property line is a Type D Landscape Buffer that due to a right-of-way taking, is 8 and 23 feet wide. Furthermore, between the eastern property line and Sterling Oaks development there is an approximately 135-foot wide strip of vacant land that separates the two developments. 5. Compatibility with adjacent properties and other property in the district. As previously noted, the proposed child care center and school will be located within existing Church facilities. If the proposed Condition of Approval is adopted, the proposed land uses can be found compatible with adjacent properties and other properties in the immediate area. As previously stated, the subject property is surrounded by commercial properties on a principal arterial road. Based on the above findings and the Condition of Approval at the end of this Staff Report, this conditional use is recommended for approval. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Sharon Umpenhour of Q. Grady Minor and Associates, P. A.: The meeting was duly noticed by the applicant and held on April 4, 2013, at 5:30 p.m. at the Community Congregational Church. Wayne Arnold, representing the Community Congregational Church on the Gulf, Inc. opened the meeting at 5:45 p.m. and introduced himself, Sharon Umpenhour with Q. Grady Minor and Associates, P.A., and Nancy Gundlach, representing Collier County Growth Management Division. One member from the public (Mr. Schuster) and several church representatives were in attendance. CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 7 of 9 April 12,2013 • Mr. Arnold began the information meeting by introducing and explaining the project as it exists and then proceeded to explain the proposed Conditional Use request, which is to re-establish a child facility and K-8 grade school at the church with a maximum of 90 students. Mr. Arnold explained that the church previously hosted a preschool for up to 90 students. An aerial photograph showing the location of the church and surrounding area was displayed along with a Site Plan. Mr. Arnold asked Mr. Schuster if he had any questions. Mr. Schuster asked if there would be bus transportation and representative of the school told Mr. Schuster that there would be no bus transportation on a regular basis, but possibly for special events. Mr. Schuster also asked where the location of the student drop-off and pick-up were, he was shown that it would be located on the south east side of the building and that the cars would then proceed to drive around the east side of the building and exit the church property. Mr. Arnold pointed out that outdoor play areas were identified as the grass parking areas on the site. Mr. Arnold offered to provide any additional information if requested and to contact Nancy Gundlach or himself Mr. Arnold indicated tentative hearing dates of May 2, 2013 for the Collier County Planning Commission and June 25, 2013 for the Board of County Commissioners. The meeting was adjourned at approximately 6:05 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL20120001074 revised on April 11, 2013. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2012-0002615 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The child care center and school uses shall be limited to a combined total of 90 children and students. CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 8 of 9 April 12,2013 PREPARED BY: e' 41.ititA A S 2C(3 NANCY b • CH, AICP, PRINCIPAL PLANNER DATE 1 GROW • AGEMENT DIVISION REVIEWED BY: 6 9 . 13 RAY ND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPR 1 D BY. NICK CASALANGUIDA, • 'MINI' -4er• TOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the July 23, 2013, Board of County Commissioners Meeting Attachments: A. Resolution 83-193 B. Resolution 97-142 C. Resolution CU-PL20120001074,COMMUNITY CONGREGATIONAL CHURCH ON THE GULF Page 9 of 9 April 8,2013 • • • Movember 1. 1983 RESOLUTION 83- 103 RELATING TO PETITION NO. PU-83-17C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapters •Ly rk' 67-1246 and 125, Florida Statutes, has conferred on all counties in Ot. J Florida 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 Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provisional uses; and WHEREAS, tha Coastal Area Planning Commission, 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 Provisional Use "c" • in a A-2 zone for the property hereinafter described, and has found as a 4111 • matter of fact that satisfactory provision and arrangement has been made • concerning all applicable matters required by said regulations and in accordance with Section 13 - Id of the Zoning Regulations for the Coastal Area Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. r NOW, THEREFORE BE IT RESOLVED, by the Board of ZONING APPEALS of Collier County, Florida that the petition of Florida Conference United Church of Christ, Inc. with respect to the property hereinafter described as: gg See Attachment A Legal Description • • 60D?g 1"T 0K fx'•?4 Attachment A r ..r".. i k Taevgnb 1, 1983 BOOK U7811'.r42O • • j . •, • AGREEMENT - I, Florida United Conference United Church of Christ, Inc., as owner or authorized agent for Petition PU-83-17C, agree to the following stipulations '', requested by the Coastal Area Planning Commission in their public hearing on October 20, 1983. 1 4 A. The elevation of the control culverts under the road between the two cypress heads be set at either ground elevation or at the highest e. periphyton level that is evident, in the north pond. c{ • B. Areas indicated as the seasonal flow, the one north of the culverts • to the cypress head and the one between the two cypress heads be left at existing ground elelvation and in their natural vegetation. •'. C. Precautions be taken to protect border vegetation on all-cypress „ heads and that any vegetative access inhibitor along the border be • comprised of native vegetation.• -t1 D. The Petitioner submit detailed site drainage plans to the County • ';: Engineer for review. No construction permits shall be issued unless -t. and until approval of the proposed construction in accordance with • ;i the submitted plans is granted by the County Engineer. Site drainage plans shall be designed in accordance with the attached Water Management Guidelines. ‘rk; 7-it-,:ke— bZ-ee%,-----A-E--te PETITIONER OR AG z NT 1 • v REERE TA I FOR _�- • b t SWORN TO AND SUBSCRIBED BEFORE ME THIS C>? he-,-.'t= DAY OF (9-Gt4—,--6�4-1 • 1983. •- ,15 • NOTARY i •-/ / r T} r r SEAL r ' Notary tr66r,Slate.1 Amide • MY COMMISSION EXPIRES: My Coalition Espies IJi 3,1965 •PU-83-17C Agreement Sheet ir= . . Al • r • 3-'`tee . :L•;,. .—i;e '+" ':-i..li. 1 ! Novenber 1, 1983 1. • :w: • sa ~ FINDING OF FACT• +. BY . - .:::. • '• COASTAL AREA PLANNING COMMISSION 2. FOR . A PROVISIONAL USE PETITION FOR PU-g3-1'7C_ • • ' The following facts are found: • • 1. Section 7.4 b.3)@-) of the, Zoning Ordinance authorized the provisional use. 2.4,- Granting the provisional use will not adversely affect L, other property or uses in the same district or neighborhood ' ,.` because of: k .• A. General compliance with the Comprehensive Yes j Plan: •k No ( ) ., �:: E. Ingress and egress to property and proposed • Yes V structures thereon with particular reference No ( ) to -automotive and pedestrian safety and icy convenience, traffic flow and control, and • access in case of fire or catastrophe: r . • OFF. C. Affects neighboring properties in relation to Yes ( ) noise, glare, economic or odor effects: No (X Py tiC . D. General compatibility with adjacent properties and other property in the district: Yes (✓) ' l' : Based on the above findings, this provisional use sho4id, with . ; N stipulations, (copy attached) (should riot) be recommenced for ~ .� approval / y,G4 t 4cmbe5 � �� ` • • ` • K �8r��.r x 800 • RESOLUTION 97- 142 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH EXPANSION AND ACCESSORY USES AND A CHILD CARE CENTER CONDITIONAL USES "7" AND "11" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Lawn 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for church expansion and accessory uses and a child care center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and 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: I Attachment B The petition filed by Agnoli, Barber & Brundage, Inc. representing t Community Congregational United Church of Christ, with respect to the property hereinafter described as: All that certain property situate, lying and being in Collier County, Florida, more particularly described as follows: Commencing at the intersection of the East-West 1/4 section line of Section 9, Township 48 S. , Range 25 E. , and the eastern right-of-way line of SR-45 (U.S. Highway 41) as monumented by the Florida Department of Transportation, as a place of beginning; thence in a Northerly direction along the eastern right-of-way line of SR-45 (U.S. Highway 41) a distance of 400.00' ; thence in an easterly direction parallel to, and a distance of 400.00' from, the East-West 1/4 section line of Section 9, Township 48 S. , Range 25 E. , a distance of 545.00'; thence in a Southerly direction, parallel to, a distance of 545.00' from, the easterly right-of-way line of S.R. 45 (U.S. Highway 41) a distance of 400.00' ; thence in a westerly direction along the East-West 1/4 section line of Section 9, Township 48 S. , Range 25 E. , a distance of 545.00' to the place of beginning and containing 5 acres, more or less. • i., be and the same is hereby approved for Conditional Uses "7" and "11" of 1• Section 2.2.2.3 of the "A" zoning district for church expansion and accessory uses and a child care center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and. approved within this conditional use application, or • major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of ' submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102) . b. All subsequent development is subject to all applicable divisions and sections of the Collier County Land Development Code. c. The County and FDOT reserve the right of access control under the existing four-lane or future six-lane condition for U.S. 41 North. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. d. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway , drainage system. -2- { FEB 2 5 89 e. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. f. Project entrances shall be designed to preclude the backing-up of entering vehicles onto adjacent public roadways. g. An analysis of off-site water runoff from outside the project boundaries which historically passed on, over or through areas of the subject property shall be prepared and included in the required South Florida Management District surface water management permit application for the project. All off-site flow collection and routing facilities required to be created through the South Florida Water Management District permit process shall be incorporated into the development order for any subsequent application for Site Development approval. h. Construction traffic shall be limited to the existing access directly from U.S. 41 near the southwest corner of the property. No construction traffic shall utilize the existing access through Szabo Nursery. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 2 - day of 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA • ATTEST: ' � TIMOTHY . HANCOCK, CHAIRMAN r;�. DliLGHT E.:•BROdK,.UERK :''ROVED AS.TQ.! 'ORE AND AL SUFFICIENCY: lORj: M. STUDENT 1�`� ASSISTANT COUNTY ATTORNEY CU-96-25 RESOLUTION/18793 I % ...........-.---- - . . Ewe 01,.6.1.4 . • • . ••■•••••••■•wa a 0 . . UAL.41 I. 2 5 199 . . , . . • whs...3,...s.. ..10,.....10 • owt....... . • 1,1) ■........m. ...•wvietovemoisfil:-,1 ., ik, b•12.4441 . ..... ........11N, . . _ , • lin%- ,■. , • . Ilan.. 'el ki.till\sullia• 1411 1111 /Se** - ■:;:‘, ‘ .•„se .. ., A,%. IR.\ • - • • s•-• - ' ' • ' , , • ••,-4 . • i•-• ,461.-4, \ .', . N• \` ‘'‘•-••‘.-\'s ------1 ,t ‘I' s-,:' . 1 tb.■ - 'S •••, :• . N ,.\., \•.,■;•\-\..\\-...•.,. . '.'•,;\ -;•• l•-• t*.;:t...`•• r ' :,:=. ' N's%••\••• ••:...\\::: ii.:".1,••••"...444.\*. ,.., ..-:- NN.,\• - • -b. ., . 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's '+: '''.• • .. ., •s . ....V&\I■. \ 4••••• •. \.. •.•‘• \,:••••%:,•,`,..•,. /..,X:.1/4\•‘ 11 . • • .•....S,..0.\\\\ '..:,:‘,..,..‘,...s.:••:.a... .... . ■:S, . ‘Ns.;.••, N., \ 1m. •.c 0.:.!.:‘--;-"■-•,:-': -.0.- •:' .11. N.'4, ' •I IN i—.''.."iNt-•.0,,' •'.'• • . % h \t",11 AGE - — i.1%ej . 1 :■ .. 4 e • .."■‘‘--%ii.•■•"1',.'• r'l.NN..,:v4, ''•.:Itt-:41 • 1 ' • • it-rn FEB 25 1997 • .... r Mr1r*OVNI.001. . .. • ' Pt--9°- . . - - - ....-,....„-----..................... RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL AND A CHILDCARE CENTER WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.c.10 AND 2.03.01.A.1.e.11, RESPECTIVELY, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 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 private school and a childcare center within a Rural Agricultural ("A") zoning district pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11, respectively, of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public 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-PL20120001074 filed by Robert D. Pritt, representing Community Congregational Church on the Gulf,Inc. f/k/a Congregational United Church of Christ,Inc.,with respect to the property hereinafter described in Exhibit "A",be and the same is hereby approved for a Conditional Use for a private school and a childcare center within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11, respectively, of the Collier County Land Development Code, in accordance with the Conceptual Site Plan Community Congregational Church 1 of 2 CU-PL20120001074—11/20/12 Attachment C described in Exhibit "B", and subject to the Conditions of Approval found in Exhibit "C". Exhibits"A","B",and"C"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 ,2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA BY: BY: ,Deputy Clerk ,Chairman Approved as to form and legal sufficiency: DRAFT Emily R.Pepin Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B-Conceptual Site Plan Exhibit C—Conditions of Approval CPU 2-CPS-O119415 Community Congregational Church 2 of 2 CU-PL20120001074—11/20/12 I r F- o W (n z W (//)) W z- I 1 J Q< C W N 10 Q Z w Nd .--: 0 I 0 WO d- 17- 0 Q H 0 F- S O J O W E JO F W S W z U) O T vi I w co CO ) a. - " < < co W W W W Z W E-- 0 I,_ F- 0 W 0 0 rn - — Z I— W z of 0 FQ - F- F- 0 z Cl) W W i= 0 LA CD LL o _ F- � W �t Z 0 W 0 �` o Li_tri 0 J 0 d- O Q d 0 In 1-1-1 Q Z 0 ' 0.4.0 1 J l ' Z O J S t i W W W 0 CO o = z 0 ZLLzL�.. -F X � c� Dvi F! 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'' - 11 - -' - '' I (` `• t r_ �, naW. a 0MD00R:RECREA71ON = e __ § AREA AND PARKING 3 t = z - .,.'��- 3 _ 2 O -s Ow*, a m v < = G �s r 0W d '� aE - pU Uv Vm F � � NCO _n WO s U a• a ES-i n U Liz-1' La - Z° g Z Q Q:. -ti YOJ W U� 0 . U. s.,. i QQ_ � e e :m - w i e e s sN > d? \> s ';w x�fl _ V 4 t �. ` o `� W m z0 TAMIAMI TRAIL (U.S. 41) 2 w� =Wa 0s z 0 e o O QU 6 ZIJ O N' N 7 EXHIBIT B CONDITIONS FOR APPROVAL FOR CU-PL2012-1074 1. The child care center and school uses shall be limited to a combined total of 90 children and students. EXHIBIT C April 8,2013