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Backup Documents 07/27-28/2010 Item #17DCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 170 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES. /Zouing Person: Kay Deselem, AICP Date: 6/p13/ ID Petition No. (If none, give brief description): PUDZ- A- PL2009 -2031, Meridian Village Petitioner: (Name & Address): Mr. Bruce Anderson, Roetzel and Andress, LPA, 850 Park Shore Drive, Trianan Centre, 3rd Floor, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) MR. Tim Hancock, Davidson Engineering, 3530 Kraft Road, Suite 301, Naples, FL 34105; Rock Creek Holdings LLC, 5435 Jaeger Rd, Suite 3, Naples, FL 34109; International Investments, Inc, 5435 Jaeger Rd, Suite 3, Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: July 27, 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PIJDZ- 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 community facility uses including adult care centers, churches and up to 480 beds for assisted living facilities, continuing care retirement community facilities and /or independent living units or to allow for the site to be developed as a 120 -unit multi - family residential project including 15% of the total .dwelling units as affordable workforce housing units and 5% of the total dwelling units as affordable gap housing units. 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: _/*'� za& Division t0ministrator or Designee List Attachments: 6.2.4•lo Date DISTRIBUTION INSTRUCTIONS A . For hearings before BCC or BZA: Initiating person.to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda rile: to Requesting Division Original Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. rrr�+ �r** �, r* rwti.****+, r*** a.*, rr** r*** �,►*« �a* r,+ r�x*«*. r* k* rr*:* �*r*** rr** a, t«* a� * *�,+ *,ew * *�t : * *� * * *. * *r� *� *� FOR CLERK'S OFFICE USE ONLY: Date Received: �� Date of Public hearing: m Date Advertised: 170 ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS MERIDIAN VILLAGE RPUD TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS MERIDIAN VILLAGE MPUD TO ALLOW DEVELOPMENT OF A MAXIMUM OF 120 MULTI - FAMILY RESIDENTIAL DWELLING UNITS WITH AFFORDABLE HOUSING OR TO ALLOW DEVELOPMENT OF COMMUNITY FACILITY USES INCLUDING ADULT CARE FACILITIES, CHURCHES AND UP TO 480 BEDS OF ADULT HOUSING INCLUDING ASSISTED LIVING FACILITIES, CONTINUING CARE RETIREMENT COMMUNITY FACILITIES OR INDEPENDENT LIVING UNITS. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT - PULLING ROAD AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06 -28; PROVIDING FOR TERMINATION OF STIPULATION NO. 5 TO RESOLUTION NO. 90 -116; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson Engineering, Inc. representing Rock Creek Holdings, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject real property located in Section 2, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RPUD Zoning District known as Meridian Village RPUD to the Mixed Use Planned Unit Development (MPUD) zoning district Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 6/18/10 1 of 3 for a project that will be known as the Meridian Village MPUD to allow for development of community facility uses including adult care facilities, churches and up to 480 beds for adult housing which may include assisted living facilities, continuing care retirement community facilities or independent living units or to allow for the site to be developed as a 120 -unit multi- family residential project with affordable housing in accordance with the Meridian Village MPUD attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 06 -28, the Meridian Village RPUD is hereby repealed. SECTION THREE: Stipulation No. 5 of Resolution No. 90 -116, which provides "The real estate located on the multi - family project will not be rezoned to commercial or industrial or any other non - residential use ", is hereby terminated. SECTION FOUR: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK : , Deputy Clerk Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 6/18/10 2 of 3 day of , 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an FRED W. COYLE, Chairman 17D Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Concept Plan Exhibit D — Legal Description Exhibit E -- Requested Deviations Exhibit F — Development Commitments Exhibit G -- Part 77 Controlling Surfaces for Naples Airport CP109- CPS - 00993169 Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 6/18/10 3 of 3 17p 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 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 1), as defined in the LDC and Nursing Homes, (8051, 8052) subject to LDC Section 5.05.04, excluding drug and alcohol treatment and rehabilitation facilities. 4. Churches & Places of Worship, (866 1) not to exceed 1,150 seats. 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. Accessory 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. "'icriL -M VilklgU NiPCIL) R!;t'ist:d: Jnili 221, 20 10 Pace 1 of `! 7 17p 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 5. Guardhouses and Gatehouses C. Ocerational 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. 6. Each unit shall be equipped 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. r 9c:,;d , V 41 Q c: r.lI10D Ri- VjS(id: June 22, 2010 Page 2 of "I 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 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. 4. Sales and administrative offices for the developer, project management or managing development association, 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. 7cric i� i "Millar,(: Mr UT) 1'(1'visud: June %l, 2010 17p 17p 5. Guardhouses and Gatehouses D. Development Standards Unless set forth in this Document, or as noted in Exhibit B (Table II), 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. Vili q1": MIPUD June 22, 2010 t,t I �f 17 PERMITTED USES: TRACT B .Preservation (Pl A. Permitted Uses 17p 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. 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. Vwridi an Village Mpuo Rcvised: june 22, 2070 Page So f i. 17p 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 DEVELOPMENTSTANDARDS 1ALF /CCRC/ILU and associated medical uses only excluding parking areas under buildings. ;vicririian VillaKe N1P1 iD Revised: ;unc 22, 2010 ,� ,: or 17 CF MINIMUM LOT AREA 10,000 Square Feet MINIMUM LOT WIDTH 80 feet MINIMUM FLOOR AREA OF BUILDINGS 1,000 square feet MAXIMUM FLOOR AREA RATIO 0.60 PUD PERIMETER REQUIREMENTS MINIMUM BUILDING SETBACK FROMAIRPORT- PULLING ROAD 25 Feet MINIMUM BUILDING SETBACK (FROM WEST BOUNDARY & SOUTH BOUNDARY EAST AND WEST OF STEEVES AVENUE ONL 50 Feet MINIMUM YARD REQUIREMENTS Front: Principal Structure Accessory Structure 25 feet 10 feet Side: Principal Structure Accessory Structure 25 feet 10 feet Rear: Principal Structure Accessory Structure 25 feet or 1/2 of the BH (whichever is greater) 10 feet Internal Drives 15 feet from edge of drive aisle Minimum Distance Between Structures '/z of the SBH (but no less than 15 feet) MAXIMUM HEIGHT Zoned: Principal Structure: Accessory Structure: 3- stories not to exceed 45 feet 20 feet Actual: Principal Structure: Accessory-Structure: 57/75 Feet 27 feet PRESERVE SETBACK REQUIREMENTS Principal Structures 25 feet Accessory Structures 10 feet 1ALF /CCRC/ILU and associated medical uses only excluding parking areas under buildings. ;vicririian VillaKe N1P1 iD Revised: ;unc 22, 2010 ,� ,: or 17 170 2Actual height for a permitted church steeple if developed shall be 75 feet. 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 IMPUD ROVISWI: June 22, 2010 Page ' oi' 17 170 Table H 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 N[en(jian village KIM]) r�I ViscCl: June 22, 2010 P��;c� 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 (FROMAIRPORT- PULLING ROAD 25 Feet 25 Feet MINIMUM BUILDING SETBACK (FROM WEST BOUNDARY & SOUTH 50 Feet 50 Feet BOUNDARY EAST AND WEST OF STEEVES AVENUE ONL MINIMUM YARD REQUIREMENTS Front: Principal Structure 20 feet 20 feet Accessory Structure 20 feet 20 feet Side: Principal Structure 0 Feet or'' /Z ofthe BH '/z ofthe SBH Accessory Structure 10 feet 10 feet Rear: Principal Structure 10 feet '/z of the BH Accessory Structure 10 feet 10 feet Minimum Distance Between Structures Principal Structure '/Z of the SBH '/2 of the SBH Accessoa 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 45 Feet 45 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 N[en(jian village KIM]) r�I ViscCl: June 22, 2010 P��;c� 17D 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. Ncridian Vidap MPUD ROVised: June 22, 2090 of 1 F Z U, w W W J 5LL $S5� Q� 22O W � w g O g 'Z V Z kw O Z O uj GO m W CL Ica N LL O � N ^b pp0 W N 0 $ 2 v C V;m a cc F. aF. O us g W U) W F N Exhibit C w at x x N n n n n V Vl o o $ $ z O o '6 g al O 5 N N N N N W W W N N W W N C uj C i? N N t ti N N N N f �¢mp < i n C z w `� 4 M C C C G 3 M 4 M M M N N M M M IWy ti < 4 Lu W W ; LL O W W 5 z z w w o F uj oo F �� j jr w W W a t 7 - -< W L Lu w a a 6 tywo 7 N U Y Y O v� U / x / yZj�`Y na;i / a Oo � UU) I ( �_ /TdIOL13WWOO 8 I i I is vin u O3pOddWl 3Sn ONY1 � N aJ / 1-0:0NINOZ , Z N:. r - -� I I ;oZ I I I I I I I I I I I I I I I I I I I m� �p V -------------------------- ---4- tee p �i i � 1oY4l�lAdi93Yd 9i �DZ— Li— .z —CC? C 'LL7= i,r 9 A 9 6 01 $1 CI v AYM- dtrWOly \ 3f WiAV S3A19L$ Oktimo NIHLNA U W U u3d01wao NOVIIA NVIOINM a O_ OUCIAWON0O 1901 ONn0YYNWa boo = \ N \ s � I i O► 3OVd'L NOOa 1YId 374"31 N31W O x]OM z ui 7 DOWN" OanoadYWasn 9-3 :01 ooh I a�Q j �wz i I ff� I i I f I LJ 9 J bJ n $14 9qx to e Y 7D z O o '6 0 al O 5 ❑ H W uj FE Lu z w `� .w Z 8 (C a a G 3 ❑ z Rl S Z z W IWy ti / x / yZj�`Y na;i / a Oo � UU) I ( �_ /TdIOL13WWOO 8 I i I is vin u O3pOddWl 3Sn ONY1 � N aJ / 1-0:0NINOZ , Z N:. r - -� I I ;oZ I I I I I I I I I I I I I I I I I I I m� �p V -------------------------- ---4- tee p �i i � 1oY4l�lAdi93Yd 9i �DZ— Li— .z —CC? C 'LL7= i,r 9 A 9 6 01 $1 CI v AYM- dtrWOly \ 3f WiAV S3A19L$ Oktimo NIHLNA U W U u3d01wao NOVIIA NVIOINM a O_ OUCIAWON0O 1901 ONn0YYNWa boo = \ N \ s � I i O► 3OVd'L NOOa 1YId 374"31 N31W O x]OM z ui 7 DOWN" OanoadYWasn 9-3 :01 ooh I a�Q j �wz i I ff� I i I f I LJ 9 J bJ n $14 9qx to e Y 7D O► 3OVd'L NOOa 1YId 374"31 N31W O x]OM z ui 7 DOWN" OanoadYWasn 9-3 :01 ooh I a�Q j �wz i I ff� I i I f I LJ 9 J bJ n $14 9qx to e Y 7D 17p EXHIBIT D LEGAL DESCRIPTION: COMMENCING AT THE EAST '/. CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 890 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 890 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 01° 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 lgeridian Villaoe. IVIPUD R�-,vised- June 22. 2010 Pare 11 of 1. lip 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. Nlcr-idian Village MPUu i;eviscd: III lie 22.'2010 Fa�.c 12 of 17 17p 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 Metropolitan Statistical Area, established periodically by HUD and published in the 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 MOrWIM, V111a�gc NIPUD RQVI:SC& June 22, 20'10 F';a�;i. 13 of 17 17D 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. 5. 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- workface 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 after the Certificate of Occupancy for each building containing said dwelling units is issued. After six months from the date of the issuance of the Certificate of Occupancy for each building containing affordable units, the developer shall offer the remaining unsold units within said building 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 as depicted on the MPUD Master Plan. Meridian Village: lv1PUD Rcvisud: )line 22,20 10 rage 14 of 17 17p 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. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PMPeak Hour, two way trips as shown below: a. For a maximum of 120 multi - family residential units (LUC 230), 70 PM Peak Hour, two way trips. b. For a maximum of 480 units of group housing (LUC 254), 143 PM Peak Hour, two way trips. c. For a maximum of 150 Adult day care (LUC 565), 114 PM Peak Hour, two way trips. d. For a maximum 1,150 seat Church (LUC 560), approximately 70 PM Peak Hour two way trips (10% daily traffic). 5. 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. 6. 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 Manager 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. h✓ieddian viflage WIN) Ru ised: Jt e 22, 2010 ;' age 7:; of 17 17p 5. Building Heights will comply with the Part 77 Controlling Surfaces for Naples Airport as shown on Exhibit G. LANDSCAPING: 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. A idian Vi1laga M P U Di R.u)Vll..,,Qd: June 22, 2010 Pag o 16 Of I1 17D EXHIBIT G PART 77 CONTROLLING SURFACES FOR NAPLES AIRPORT: IlLki K I � � z PR PECT AV RESTRICTIONS CONTAINED W THIS DOCUMENT ARE BASED ON FAR PART n p:1 TRANSITIONAL SUR• i COR P O R E FACE) AND FAA WON SLOPE ANGLE RE- QUIREMENTS. A SPECFIC SITE SURVEY AND i SPECS +iC BULLING HEIGHT CALCULATIONS ® MUST BE PERFORMED IN THE DESIGN PHASE CERTFIED BY A P.E. IN ACCORDANCE WITH APPROPRIATE+EDERAL AVUITION REGULA• j TIONS, AND MUST BE APPROVED BY THE NAA ! ' PRWR TO DESIGN COMPLETION RADIO RD C.R. LO RAINE AV! WESTVIEW DR r 4�THY AV) � I GAIL BLVD I- ��`� (A ! a` AZEL z! . C ' _..._...._N OR T SEA RAPE AV >� cn I EARL S7 a LOTUS �C CREEK I T IA OINSE AV, (� --� w I GUAVA DR z a �- )R RD �> a' w'; H!BISC ST__; z s� <¢ 0IIP Q 111- -I a cal. ES7EY AV cnci I .z U i ) 0�`UT ul �- _m______ _ —___ _ 1 y� !I< w i j ESTEY AV i) Q it 0 LLI 0 ! w ! L>1 z iQ i I _z I j W CL - - -_ -__ WTERRACE AVM a ` �I J DAVIS BLVD R 84 DAVIS BLV i EXTENSION SR 8 ONNECTICUT AV I immm Av Meridian Village MPUD Revised: June 22, 2010 Page 17 of 17 17p Acct. #068779 June 29, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- A- PL2009 -2031; Meridian Village Dear Legals: Please advertise the above referenced notice on Sunday, July 11, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*O* #4500096189 17D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, July 27, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)ZONING DISTRICT KNOWN AS MERIDIAN VILLAGE RPUD TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS MERIDIAN VILLAGE MPUD TO ALLOW DEVELOPMENT OF A MAXIMUM OF 120 MULTI - FAMILY RESIDENTIAL DWELLING UNITS WITH AFFORDABLE HOUSING OR TO ALLOW DEVELOPMENT OF COMMUNITY FACILITY USES INCLUDING ADULT CARE FACILITIES, CHURCHES AND UP TO 480 BEDS OF ADULT HOUSING INCLUDING ASSISTED LIVING FACILITIES, CONTINUING CARE RETIREMENT COMMUNITY FACILITIES OR INDEPENDENT LIVING UNITS. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT- PULLING ROAD AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06 -28; PROVIDING FOR TERMINATION OF STIPULATION NO. 5 TO RESOLUTION NO. 90 -116; AND BY PROVIDING AN EFFECTIVE DATE. 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 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 community facility uses including adult care centers, churches and up to 480 beds for assisted living facilities, continuing care retirement community facilities and /or independent living units or to allow for the site to be developed as a 120 -unit multi - family residential project including 15% of the total dwelling units as affordable workforce housing units and 5% of the total dwelling units as affordable gap housing units. 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. 17D Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board 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 Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 6f"C61lier CLERK OF THE C-41 Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA June 29, 2010 Roetzel and Andress, LPA Bruce Anderson 850 Park Shore ijrive Trianan Centre, 3rd Floor Naples, FL 34103 17D CIT COURT BUR OUSE .IL EAST Clerk of Courts 44 Accountant 4101 -3644 Auditor 1 Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- A- PL2009 -2031: Meridian Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk @collierclerk.com IC CLERK OF THE ] Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA June 29, 2010 Davidson Engineering Tim Hancock 3530 Kraft Road Suite 301 Naples, FL 34105 t lher 170 ZC IT COURT OUR A OUSE AIL EST Clerk of Courts 5044 4101 -344 Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- A- PL2009 -2031: Meridian Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerkgcollierclerk.com Av - nt _� Iher 170 CLERK OF THE RCIT COURT Dwight E. Brock COLLIER COUNTY OUR - OUSE 3301 TAMIAMI 'AIL EAST Clerk of Courts Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORIDA` 4101 -344 Auditor r Custodian of County Funds June 29, 2010 Rock Creek Holdings, LLC 5435 Jaeger Rd. Suite 3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL2009 -2031: Meridian Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com nth of llier 17P CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR14 OUSE 3301 TAMIAMI AIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA4101 -3044 Auditor a I Custodian of County Funds June 29, 2010 International Investments, Inc. 5 43 5 Jaeger Rd. Suite 3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL2009 -2031: Meridian Village Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 27, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 11, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliereferk.com Email: collierclerk @collierclerk.com 17p Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, June 30, 2010 3:24 PM To: Naples Daily News Legals Subject: PUDZ- A- PL2009 -2031 - Meridian Village Attachments: PUDZ- A- PL2009 -2031 (7- 27- 10).doc; PUDZ- A- PL2009 -2031 (7- 27- 10).doc Legals, Please advertise the following attached ad on Sunday. July 11, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergaraDcolliercierk.com i Martha S. Vergara From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, June 30, 2010 3:30 PM To: Martha S. Vergara Subject: RE: PUDZ- A- PL2009 -2031 - Meridian Village ok From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Posted At: Wednesday, June 30, 2010 3:24 PM Posted To: Legals - NDN Conversation: PUDZ- A- PL2009 -2031 - Meridian Village Subject: PUDZ- A- PL2009 -2031 - Meridian Village Legals, Please advertise the following attached ad on Sunday. July 11, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergaraDcollierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(acollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk.com domain. 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. 17D Martha S. Vergara IfUJG---]fi -rt From: Pagan, Emely [EPagan @Naplesnews.com] PL Cr Sent: Thursday, July 01, 2010 7:48 AM OCipLl To: Martha S. Vergara Subject: Ad Confirmation Attachments: UASD86.jpg Thank you for placing your ad. Ad Number 1859997 Total Ad Cost $367.74 Nz ±XVO Of MMW TO COIl11o81N911D *Aa po � Cot coYuntY G erlt Cer roast 7a miami Trail, Naples F)cxi , 69ard of County Consdrissionars will 'consider the enactment of- a.Coulnjt Ordinanu. The meetmg wHl commence at 9:00 A M. The tkle of the ereoesed OrdManro is as follows: Petition: PUDB- A= PUOW2031, Rock Creek HolQings LLC represented by R. Bruce Anderson, Esquire of Rogtzel and Andress, LVA end Tim Hancock AKY of Davidson oppment of COMM nits fadi n 1M' including adult care centers, churches and up to 480 beds for assissttaedd Hvkigg facilities, corrtmuing care nWremeM'communMy, facili- ties and/or independent living units or to allow for the 'site to -be pad as a 120 -unit npA famHy residRrrbaI project including 15% I the total d�tiveblling units as affordable workforce ht ng units and 5% of the total dwgUing unit$ as afford- able gap housing units. The 11.66 +/- acre subject property Is located at the north- western corner of the intersection of Airrppoort PUHiny Road. and Estey Avenue in Sec- tion 2, Township 50:5outh, Range 25 East, Collier Owntir Ftcrida. Copies of the proposed Ordinance m on file with the, Clerk to the Board and are available for Inspection. All interested parties are invited to attend and be heard. NOTE; All persons.vrishing ' to speak on any agenda item must register with the C administrator whr to cpresentation of the agenda it to be addressed. Indivi speakers will be ji= to 3 rnkinnutes on any item. The to of an in- dividual to speak on behalf of an organization or group Is enaauraged., If recog- nized by the Chairman, a n fpt a gt;p�ganl¢etion may be allotted 10 minutes to speak on anftem. r Persons wishing to have written or graphic materials klduAad in the ,Board' agenda pecke must submit said material P minimum of 3" pft tw ive plc hearing, In any case, written materab p� the Board shall be submitted to the appropriate County � s minlmseuen days prior to the public hearing. All material • used in preseh loos before the Board will become a permanent part of the record. , v*4 fa appeal a *Igon of the Board will need a record of the p 9W a therefore, may need to ensure that a verbatim recorthe p rose ings' k•made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with'a disabNity.who needs any accommodation in order to par- ticipate in this proceeding, you are entitled ne yp 4 to the provision of certain assistance. Please contact the Collier " fgt;i s M ifyehi nt Depait merit, located at.3301 Tamiami Trail East B ii ng1lllt _ilapfe4'.EkMrlda 7, 1, (239)252-8380 Assisted listening devices for the hea impaired are available in the County Commissi nereOffice. BOARD-OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN, DWIGHT E. BROCK, CLERK By:. Martha Yergars, Deputy Clerk (SEAL) _J* S* 11111D N a PLES DAILY NEWS Published Daily Naples, FL 3411.0 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 11, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication oftheattached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r�r t ( Signature of affi nt) Sworn to and subscribed before me This 15th day of July, 2010 (Signature of notary ° °-- K4RGLEKA4GAS Notary Pllbhr, • S(Rte of I =1Drca CoP1n11SSion 4 OG 912237 17D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, July 27, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta- miarni Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows AN ORDINANCE AMENDING ORDINANCE NUMBER Z004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHEN- SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN- TY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPVD)ZONING DIS- TRICT KNOWN AS MERIDIAN VILLAGE RPUD TO A MIXED USE PLANNED UNIT DE- VELOPMENT (MPUD)ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS MERIDI- AN VILLAGE MPUD TO ALLOW DEVELOPMENT OF A MAXIMUM OF _120 MULTI- FAMILY RESIDENTIAL DWELLING UNITS WITH AFFORDABLE HOUSING OR TO AL- LOW DEVELOPMENT OF COMMUNITY FACILITY USES INCLUDING ADULT CARE FA- CILITIES, CHURCHES AND UP TO 480 BEDS OF ADULT. HOUSING INCLUDING ASSIST- ED LIVING FACILITIES. CONTINUING CARE RETIREMENT COMMUNITY FACILITIES OR INDEPENDENT LIVING UNITS. THE PROPERTY IS LOCATED AT THE NORTHWEST" CORNER OF THE INTERSECTION OF AIRPORT - PULLING ROAD AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; PROVIDING FOR REPEAL Or ORDINANCE NO, 06.28; PROVIDING FOR TERMINATION OF STIPULATION NO. 5 TO RESOLUTION NO. 90.116, AND BY PROVIDING AN EFFECTIVE DATE. 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 Engineering, Inc., is requesting a rezone from the Residential Planned Unit Devel- opment (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 devel- opment of community facility uses Including adult care centers, churches and up to 480 beds for assisted living facilities, continuing care retirement community facili- ties andlor independent living units or to allow for the site to be developed as a 120 -unit multi - family residential project including 15% of the total dwelling units a. affordable workforce housing units and 5% of the total dwelling units as afford. able gap housing units. The 11.68 r/- acre subject property is located at the north. western corner of the intersection of Airport- Pulling Road and Estey Avenue in Sec- tion 2, Township 50 South, Range 25 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an in- dividua! to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Rhearing. In any case, written materials intended to be considered by the board 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 Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need d 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 evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation In order to par. ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) _JuIv 11 -2010 - NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 11, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affi Sworn to and subscribed before me This 15th day of July, 2010 &U� IF vv�� Signature of notary publi °. KAROL E Ki�NGAS a . c Notary Public - State of Florida My Comm. Expires Jul 29, 2013 o, Commission # DD 912237 17D NOTO OF INr Wr TQ tO IN)NNCE " gas i; that ot► ru=AY, July 21 2010,' in the,: 3rd ' Tr�aiy, u1 C °II(eF � or M�v�fl4� the a maatlrg WNl caeranuft at -90t ,kK The Lt` k 'e �' a� WIasa o Lion 20 TdWtMgtip 503gsM11dMllrlOy pCri�o�uM aw fla ft►t� A �W�es ara�go "O and tie hard. are NoTf. IUI, M nM to sp@* on� any aV& Jtan muit- with the n p tha ft. In% 1. ble address - to 3 ulot oh any a ibN1+ . T1te of an ki- rj t sPaillc+arga ion pr,'bea�d io to ipaakon anritaa. � PWw ,wWhinp, to hava wrttlen ar 11t tM1' da StM�IP'�'Wr�MR R! pr W to' the piA& hal ft ' All _eoattrw wliaoAfe a:p PlRNf tFy,noord. if yyoouu are a pptl��aq�� 00 tlk A drsaM* �° n*Kb any accommodation In ordor to par- t' cipate In thh praftoon , you are entkled. > ipr pt tarWn a+iistarraa Marie taedtrtt'._tIN tG_ddll%r'' 'Depwt- ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS 7 D ° P''1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO- I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature- draw a line thrnuah rni,ti.,a 1 ;— 441 tti_,.. 4A - -- - ----- ;:= - ».... Route to Addressee(s) . " "' T= uu.,u 1i Rte, wm Ictc uIe enCGxnS1, an Office rorwara to sue Filson Initials line #5). Date List in routing order a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 1. Judy Puig GMD Planning & Agenda Item Number 17.D. Approved by the BCC Regulation/Operations d 2. Ordinance a �l� Number of Original 1 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 4. Chairman and Clerk to the Board and possibly State Officials.) 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners and the Clerk to the Board /VIA 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was July 27, 2010 Agenda Item Number 17.D. Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Attached Ordinance a �l� Number of Original 1 contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Ito contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board /VIA 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. �D 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �D time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC July 27, 2010 and all changes made during the meeting have been incorporated in the attached document. The County �D Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 "9 MEMORANDUM Date August 13, 2010 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -28: The Meridian Village MPUD Rock Creek Holdings, LLC Petition PUDZ- A- PL2009 -2031 Attached for your records, is a copy of the document referenced above, (Item #17D) adopted by the Board of County Commissioners on July 27, 2010. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 17D MEMORANDUM Date: August 12, 2010 To: Heidi Ashton -Cicko County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2010 -28: Petition PUDZ- A- PL2009 -2031 Rock Creek Holdings, LLC, The Meridian Village MPUD Attached for your records, is a copy of the ordinance referenced above, (Item #17D) adopted by the Board of County Commissioners July 27, 2010. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. Thank you. Attachment 170 z a MEMORANDUM Date: August 13, 2010 To: Ian Mitchell, BCC Manager Board of County Commissioners From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -28: Rezoning the Meridian Village Residential Development to a Mixed -Use Development known as Meridian Village MPUD for uses that may include a church or adult care facility or for the development of a multi - family residential project at the corner of Airport - Pulling /Estey Ave. Attached for your records, is a copy of the ordinance referenced above (Item #17D) adopted by the Board of County Commissioners on July 27, 2010. If you have any questions, please contact me in the Minutes and Record's Department at 252 -8406. Thank you. Attachment 17D MEMORANDUM DATE: August 12, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennej ohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2010 -28: Rezoning the Meridian Village Residential Planned Unit Development (RPUD) to a Mixed -Use Planned Unit Development (MPUD) known as the Meridian Village MPUD for uses that may include a church, adult care center, assisted living facility, continuing care retirement or independent living units or the development of a multi - family residential project on 11.68 acres at the intersection of Airport - Pulling and Estey Avenue in Section 2, Township 50 South, Range 25 East Attached for your records, is a copy of the document referenced above, Adopted by the Board of County Commissioners on Tuesday, July 27, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 17D ORDINANCE NO. 10 -2s AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS MERIDIAN VILLAGE RPUD TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS MERIDIAN VILLAGE MPUD TO ALLOW DEVELOPMENT OF A MAXIMUM OF 120 MULTI - FAMILY RESIDENTIAL DWELLING UNITS WITH AFFORDABLE HOUSING OR TO ALLOW DEVELOPMENT OF COMMUNITY FACILITY USES INCLUDING ADULT CARE FACILITIES, CHURCHES AND UP TO 480 BEDS OF ADULT HOUSING INCLUDING ASSISTED LIVING FACILITIES, CONTINUING CARE RETIREMENT COMMUNITY FACILITIES OR INDEPENDENT LIVING UNITS. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT - PULLING ROAD AND ESTEY AVENUE, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06 -28; PROVIDING FOR TERMINATION OF STIPULATION NO. 5 TO RESOLUTION NO. 90 -116; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson Engineering, Inc. representing Rock Creek Holdings, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject real property located in Section 2, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RPUD Zoning District known as Meridian Village RPUD to the Mixed Use Planned Unit Development (MPUD) zoning district Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 7/01/10 1 of 3 17D for a project that will be known as the Meridian Village MPUD to allow for development of community facility uses including adult care facilities, churches and up to 480 beds for adult housing which may include assisted living facilities, continuing care retirement community facilities or independent living units or to allow for the site to be developed as a 120 -unit multi- family residential project with affordable housing in accordance with the Meridian Village MPUD attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 06 -28, the Meridian Village RPUD is hereby repealed. SECTION THREE: Stipulation No. 5 of Resolution No. 90 -116, which provides "The real estate located on the multi - family project will not be rezoned to commercial or industrial or any other non - residential use ", is hereby terminated. SECTION FOUR: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this. day of �� , 2010. ATTEST—­,,,',, DWI0AQCK, CLERK eB Clerk ZVI- Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 7/01/10 2 of 3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W FRED W. COYLE, C rman 17D Approved as to form and legal sufficiency: Ow A0"\\O \ eidi Ashton -Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Concept Plan Exhibit D — Legal Description Exhibit E — Requested Deviations Exhibit F — Development Commitments Exhibit G — Part 77 Controlling Surfaces for Naples Airport CP \09- CPS - 00993 \74 Meridian Village MPUD / PUDZ- A- PL2009 -2031 Revised 7/01/10 3 of 3 170 "' 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. Communijy 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 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, excluding drug and alcohol treatment and rehabilitation facilities. 4. Churches & Places of Worship, (8661) not to exceed 1,150 seats. 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. Accessory Uses 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. Moridian Villa# NIPUU EieOSf'd: 17D 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 5. Guardhouses and Gatehouses 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. 6. Each unit shall be equipped 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. �Ie!•iiii�an �'ill<.t�;�• Mi'UD 17D �I 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 B. Temporary 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. 4. Sales and administrative offices for the developer, project management or managing development association, 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. YMeridi'm Villa, 1TPUl) Revised: JLIIV 1, ;'010 lla,, e 3 7t 17 '+ 170 5. Guardhouses and Gatehouses D. Development Standards Unless set forth in this Document, or as noted in Exhibit B (Table II), 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 Villa r MI'UD R(2V Sed: July I .'._'010 1'<3gc 4 of i ' PERMITTED USES: TRACT B Preservation (P) A. Permitted Uses 17D '' 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. 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. Mendian Village MPHD kev'rs d. Jiil� 1. 2.010 Page : 170 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 IALF /CCRC /ILU and associated medical uses only excluding parking areas under buildings. Meridian Vil1ag�,, MPUD Revise& July 1 2,010 1`t 1s : }t ? 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 1/2 of the BH (whichever is greater) Accessory Structure 10 feet Internal Drives 15 feet from edge of drive aisle Minimum Distance 1/2 of the SBH (but no less than 15 feet) Between Structures 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 10 feet IALF /CCRC /ILU and associated medical uses only excluding parking areas under buildings. Meridian Vil1ag�,, MPUD Revise& July 1 2,010 1`t 1s : }t ? 17D ;t N 2Actual height for a permitted church steeple if developed shall be 75 feet. 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. Ntcridian Villa;;c N1PUD R�'VlS 'd: JLdy 1 2010 i; f , .., 1 17D ' 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 Meridi in i'illagc MPIID ke'vNo&fulvl, 201() 1',3; , 8 of 1/ TOWNHOUSE MULTI - FAMILY DWELLINGS MINIMUM LOT AREA 3,000 Square Feet N/A MINIMUM LOT WIDTH 30 Feet N/A MINIMUM FLOOR AREA OF 1,200 Square Feet 1,000 Square Feet BUILDINGS 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 BOUNDARYEAST 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 1/2 of the BH 1/2 of the SBH Accessory Structure 10 feet 10 feet Rear: Principal Structure 10 feet 1/2 of the BH Accessory Structure 10 feet 10 feet Minimum Distance Between Structures Principal Structure %2 of the SBH 1/2 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 45 Feet 45 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 Meridi in i'illagc MPIID ke'vNo&fulvl, 201() 1',3; , 8 of 1/ 170 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. Evlcridiail Villa; , MPUD Re ised: Jaly 1, "x'010 1' , , 9 of 17 J Q J Z w < < 0 O ~ Z Z~ W 3 I az>- Q W Z 2 2 1- o o p �°D0 aW a- W W J UUU g3Q U: J J LL V 1 Z Z Z Q Q W 00 o g g a oo° WWOw in <°o.0 0 S39 w Z �� S IL IL JJ Q ira obi %= w _ CL �O Q W w 0 Z Q J W Exhibit C w e o 0 o a a° e m O W o O t6 "t O O o m O co 0 m z m m Ir w Cl) a i 170 " EXHIBIT D LEGAL DESCRIPTION: COMMENCING AT THE EAST 1/4 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 01 ° 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 P�leric_ls::�� vill.lg'(, MPlJD },c'\'i: t'd: Dilly 1., r.'.010 170 "M 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. Mcriciiau Villain �u MPUD Re " Ned: July., `?Olt) 17D 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 Metropolitan Statistical Area, established periodically by HUD and published in the 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 Nti�rd<<�3i'v'illa�c� "�IPUi) Rev =_'d: J lvl, _201 {) 170 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. 5. 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 - workface 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 and to Collier County or its designee beginning with the date of issuance of the building permit for each building containing said dwelling units, and continuing for six (6) months after the Certificate of Occupancy for each building containing said dwelling units is issued, after which time any unsold unit may be sold at market rates. Four (4) months after a Certificate of Occupancy is issued for a building containing affordable or gap housing, the County Manager or his designee shall be notified in writing by the owner that units remain available for purchase by Collier County. 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 as depicted on the MPUD Master Plan. Nlwi'iiji <iii 'V I t Llge 1L` PUD P O IVJ' �'& ] is I LI I , < {) 10 170 1 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. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PM Peak Hour, two way trips as shown below: a. For a maximum of 120 multi - family residential units (LUC 230), 70 PM Peak Hour, two way trips. b. For a maximum of 480 units of group housing (LUC 254), 143 PM Peak Hour, two way trips. c. For a maximum of 150 Adult day care (LUC 565), 114 PM Peak Hour, two way trips. d. For a maximum 1,150 seat Church (LUC 560), approximately 70 PM Peak Hour two way trips (10% daily traffic). 5. 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. 6. 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 Manager 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. Mori Bract `Vi l:,,4c MPUD 170 5. Building Heights will comply with the Part 77 Controlling Surfaces for Naples Airport as shown on Exhibit G. LANDSCAPING: 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. %Icridia-m Vdlag NIPiJD Revised: ILIIV t. 70 to !)Js'(' if) o! I 17D EXHIBIT G PART 77 CONTROLLING SURFACES FOR NAPLES AIRPORT: 11 EARL STJ �( CREEK )R RD Q ESTEY AV z — Q 3 0 z IQ PROSPECT AV CO N TAINED IN THIS DOCUMENT ARE BASED CORPORA ON FAR PART 77 (7:1 TRANSITIONAL SUR- FACE) AND FAA NOR SLOPE ANGLE RE- QUIREMENTS. A SPECIFIC SITE SURVEY AND SPECIFIC BUILDING HEIGHT CALCULATIONS MUST BE PERFORMED IN THE DESIGN PHASE CERTIFIED BY A P.E. IN ACCORDANCE MATH APPROPRIATE FEDERAL AVIATION REGULA- TIONS, AND MUST BE APPROVED BY THE NAA PRIOR TO DESIGN COMPLETION RADIO RD . 8 L LO AINE AV WESTVIEW DR I THY AV GAIL BLVD F AZEL SEAT RAPE OINSE UJI I >f R > I wa i L HIBISC V 0i U !— N, I (TERRACE AV r DAVIS BLVD Q$R 84) I CONNECTICUT A\/ A� 1.11 wnnn n v 1 W Q z C Z_ U NORT' Q ILOTUS J wGUAVA DP, z w z <I I EP, ILI 100 AV U Q w z_ 0- DAVIS BL ONUT CI� U [ FL 00 3> w -' Y m Q J EXTENSION SR 8 1 Meridian Village MPUD Revised: Julyl, 2010 Page 17 of 17 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -28 170 Which was adopted by the Board of County Commissioners on the 27th day of July, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2010. DWIGHT E. BROCK Clerk of Court Q` an`d.;Clerk Ex- officio to Board of County Commissioners aAA-A- By: Ann Jennejohn, Deputy Clerk