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Ordinance 2020-051 ORDINANCE NO. 20 -51 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 AN ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS NAPLES SENIOR CENTER CFPUD, TO ALLOW UP TO 30,000 SQUARE FEET OF INDIVIDUAL AND FAMILY SOCIAL SERVICES (SIC 8322) FOR SENIORS 60 AND OLDER, INCLUDING ACTIVITY CENTERS FOR THE ELDERLY, ADULT DAY CARE CENTERS, COMMUNITY CENTERS FOR SENIOR CITIZENS, SENIOR CITIZEN ASSOCIATIONS, FAMILY COUNSELING, OLD AGE ASSISTANCE, AND OUTREACH PROGRAMS AND FOR GROUP SUPPORT SERVICES FOR THE ELDERLY ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF OAKES BOULEVARD AND AUTUMN OAKS LANE, APPROXIMATELY 350 FEET SOUTH OF IMMOKALEE ROAD, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 13.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002622] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Naples Senior Center at JFCS, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [19-CPS-01907/1587500/1] 135 Naples Senior Center/PL20180002622 12/10/20 Page 1 SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida, is changed from Estates (E) Zoning District to a Community Facility Planned Unit Development (CFPUD) for a 13.6± acre project to be known as Naples Senior Center CFPUD, to allow up to 30,000 square feet of Group Support Services for the elderly and Individual and Family Social Services for seniors (SIC 8322), in accordance with Exhibits A through F-2 attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2020-50 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this Irk day of E e Jat r 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA ThiCtrilLBy: s kz• y: • Attest as to Chairmaitio erk Burt L. Saunders, Chairman krp 0814*to form an gality: This ordinance filed with th® Heidi F. Ashton-Cicko Se rotary of Str,te's Off ica the Managing Assistant County Attorney 1loy oflc .- -�� and acknow!edgemen_1Af that Attachments: Exhibit A- List of Permitted Uses fir received thi _ !.. day Exhibit B - Development and Design Standards of ?O Exhibit C- Master Concept Plan ^" ,,,n,c,,, Exhibit D- Legal Description Exhibit E- Deviations Exhibit F - Development Commitments Exhibit F-1 - Enhanced Landscape Buffer—Type D Buffers Exhibit F-2 - Enhanced Landscape Buffer—East and South [19-CPS-01907/1587500/1] 135 Naples Senior Center/PL20180002622 12/10/20 Page 2 EXHIBIT A NAPLES SENIOR CENTER CFPUD PERMITTED USES A maximum of 30,000 square feet shall be permitted within the CFPUD. The uses are subject to the trip cap identified in Exhibit F, Section 4.a of this PUD. 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: COMMUNITY FACILITY TRACT A. Principal Uses: 1. Individual and Family Social Services (SIC 8322) for seniors 60 and older, limited to the following: a. Activity centers, elderly b. Adult day care centers c. Centers for senior citizens/community centers d. Family counseling services e. Old age assistance f. Outreach programs g. Senior citizens associations 2. Group support services, elderly B. Prohibited Uses: 1. Soup kitchens 2. Homeless shelters 3. Residential dwelling units 4. Offender rehabilitation agencies 5. Public welfare offices 6. Self-help organizations for alcoholics 7. Refugee services 8. Religious facilities/churches 9. Any use not expressly permitted is a prohibited use C. Accessory Uses: 1. Administrative offices PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 1 of 14 2. Indoor and outdoor recreational facilities including but not limited to fitness facilities,classrooms, gardens, nature trails 3. Educational seminars 4. Counseling services for seniors 5. Food pantry, by appointment only. 6. Uses and structures that are accessory and incidental to the permitted uses within this CFPUD document. 7. Water management facilities to serve the project such as lakes. 8. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 9. Any other accessory use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of the Community Facility Area of this CFPUD as determined by the BZA or the Hearing Examiner. D. Operational Standards: 1. Hours of operation: a. Weekdays: Employees 8:00 AM to 6:00 PM Elderly Programs 9:30 AM to 4:00 PM b. Saturdays and Sundays—facility closed 2. Operational Characteristics: a. No outdoor amplified music shall be permitted. b. Food pantry access is available to both members and non-members of the Naples Senior Center by appointment only. 3. Maximum Daily Use: a. The facility shall be limited to a maximum daily use by 485 staff and/or program participants. b. All program participation by appointment only. OPEN SPACE TRACT A. Allowable Uses: 1. Gardens and water features. 2. Gazebos and shade structures. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 2 of 14 3. Nature trails and boardwalks. 4. Passive Recreation areas, as per LDC requirements. PRESERVE TRACT A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 3 of 14 EXHIBIT B NAPLES SENIOR CENTER CFPUD DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the Naples Senior Center CFPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A AVERAGE LOT WIDTH N/A N/A MINIMUM YARDS (External) From Autumn Oakes Lane ROW 75 ft. 15 ft. From Oakes Boulevard ROW 75 ft. 15 ft. From Eastern PUD Boundary 350 ft. 50 ft. From Southern PUD Boundary 75 ft. 15 ft. Lakes (measured from control elevation) 20 ft. 20 ft. From Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES N/A 10 Ft. MAXIMUM HEIGHT Zoned 30 ft. (1) 30 ft. Actual 35 ft. (1) 35 ft. MINIMUM FLOOR AREA N/A N/A MAXIMUM GROSS BUILDING AREA 30,000 sq. ft. 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Qcn < cc < DZcn I_ 0 X > CC 0 Ni Q v) H 2 0, w z EXHIBIT D NAPLES SENIOR CENTER CFPUD LEGAL DESCRIPTION Parcel 1: Tract 23, Golden Gate Estates, Unit 97, as per plat thereof recorded in Plat Book 7, Pages 95 and 96, Public Records of Collier County, Florida; and Parcel 2: Tract 49, Golden Gate Estates, Unit 97, as per plat thereof recorded in Plat Book 7, Pages 95 and 96, Public Records of Collier County, Florida; and Parcel 3: The North 75 feet of the South 180 feet of Tract No. 24, Golden Gate Estates, Unit 97, according to the map or plat thereof recorded in Plat Book 7, Pages 95 and 96, Public Records of Collier County, Florida; and Parcel 4: The North 150 feet of Tract No. 24, Golden Gate Estates, Unit 97, according to the plat thereof as recorded in Plat Book 7, Pages 95 and 96, Public Records of Collier County, Florida. Consisting of 13.66 acres, more or less. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 7 of 14 EXHIBIT E NAPLES SENIOR CENTER CFPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 4.05.02.B.1.a.iv., Design Standards, which requires Parking lots in excess of 200 parking spaces may surface 15 percent of the required off- street parking spaces in grass. Such grass parking spaces shall be located along the outlying perimeter of the parking lot, to instead allow a parking lot with greater than 150 parking spaces to provide 15% of the parking spaces as grass parking. DEVIATION 2: Relief from LDC Section 4.05.04.G, Table 17. Parking Space Requirements, which requires parking for adult day care facilities at a standard of 1 per employee of the largest work shift plus 1 space for every 10 children/adults,to instead allow the required parking to be calculated at a standard of 1 space for each 200 square feet of building area. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 8 of 14 EXHIBIT F NAPLES SENIOR CENTER CFPUD DEVELOPER COMMITMENTS 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Naples Senior Center at JFCS, Inc., 5025 Castello Drive, Suite 101, Naples FL 34102. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) b. All other applicable state or federal permits must be obtained before commencement of the development. 3. ENVIRONMENTAL a. The CFPUD shall be required to preserve 15% of native vegetation. 8.13± acres of native vegetation exists on-site requiring a minimum preservation of 1.22± acres (8.13 x .15 = 1.22). A minimum of 2.70± acres of native vegetation shall be retained on-site. b. The preserve area abutting the 15-foot wide enhanced landscape buffers along the eastern property line and the southeast property line shall be a minimum of 100 feet in width. c. A management plan for Florida black bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 9 of 14 4. TRANSPORTATION a. The CFPUD shall be limited to a maximum of 50 pm peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA or subdivision plat approval, or based on an alternate methodology accepted by staff at time of application for SDP/SDPA in accordance with the County's Traffic Impact Statement (TIS) guidelines in Resolution No. 2006-299, as it may be amended. b. As a condition of the PUD's approval ("Condition of Approval"), if county transportation staff, in its sole discretion, determines during the first three years following the date on which the first Certificate of Occupancy (the "C/O Date") is issued for the NSC facility ("NSC") on the PUD property that the northbound approach's storage capacity at the intersection of Valewood Drive and Immokalee Road (the "Intersection") is failing as a result of traffic generated by NSC, county transportation staff will inform the Owner of the PUD property accordingly and, whether or not county staff makes such determination, during the third week of February for the first, second and third years after the C/O Date, the Owner of the PUD property will evaluate the impact of NSC on the failing condition (the "Study"). The Study will be conducted by a Florida licensed professional engineer during peak season traffic conditions. The Study will employ standard traffic engineering practices,field observed operations, and actual traffic signal phasing/timings for traffic data collected during AM, mid- day, and PM peak season peak hours for the northbound approach storage (approximately 300' of storage) on Valewood Drive at the Intersection (the "Northbound Storage Capacity"). The purpose of the Study is to determine whether, after excluding traffic generated by developments located within 'A mile of the PUD property which developments had not been issued their first Certificate of Occupancy on [the date of Collier County Commission approval of the PUD] as determined under a methodology approved by county transportation staff, the Northbound Storage Capacity accommodates the 95 percentile queue (the "Stipulated Condition"). If the Study finds that the Northbound Storage Capacity does not accommodate the 95- percentile queue, the Owner of the PUD property will within 30 days thereafter commence in good faith to diligently mitigate in one of the following two ways: Option 1: The Owner will at its option reduce its traffic impacts by rescheduling activities in a manner which reduces peak traffic volumes, and/or restricting the number of participants, and/or providing shuttle services, and/or having additional hours of law enforcement controlling the NSC's outbound traffic or by other measures agreed to by Collier County. NSC will reconduct the Study under the changed circumstances during the same peak season in which the original Study was conducted and, if the Study finds that the Northbound Storage Capacity accommodates the 95 percentile queue and the county accepts the Study, no further mitigation by the Owner of the PUD property will be required; but if the Study finds that the Northbound Storage Capacity does not accommodate the 95 percentile queue, the Owner of the PUD property will have no PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 10 of 14 further right to conduct the Study and will mitigate under Option 2. If the county does not accept the Study, the Owner will reconduct the Study. Option 2: If the Owner of the PUD property does not choose Option 1, or if the Study finds that the Northbound Storage Capacity does not accommodate the 95 percentile queue under Option 1, and subject to approval of the construction plans by the county, the Owner of the PUD property will construct an exclusive right turn lane (approximate length will be 185') at the Valewood Drive northbound intersection with eastbound Immokalee Road. The design and construction of the right turn lane will include all associated design parameters and conflict adjustments (e.g., utilities, drainage, traffic signal, sidewalk, permits, etc.) (the "Roadway Improvements"). If the Roadway Improvements are constructed by the Owner of the PUD property and accepted by Collier County, this will be considered complete mitigation and no other mitigation will be required of the Owner of the PUD property. The Condition of Approval will become null and void and of no further effect on the earlier to occur of(i) the date on the third year after the C/O Date the Study finds compliance with the Stipulated Condition and the county accepts the Study; or (ii) completion of the Roadway Improvements by the Owner of the PUD property and acceptance of the Roadway Improvements by the County. c. Naples Senior Center shall direct all construction traffic,vendors,deliveries and those utilizing transportation provided by the center to enter and exit the site via Valewood Drive. d. No left turn signs shall be posted at each entrance on Autumn Oaks Lane. 5. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer along the southern and eastern boundaries of the PUD, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6-foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. However, the minimum landscaping requirements provided in 5.b and 5.c below must be met. b. The owner will enhance the required 10' wide Type D buffers, which requires one 10' tall canopy tree per 30 linear feet and a double staggered hedge planted at 24" high by providing a minimum 20' wide enhanced landscape buffer, which will provide a minimum 14' tall canopy tree at the time of planting and a double staggered hedge planted at 36" in height. The hedge shall be maintained at a minimum height of 6'. In addition to the increased height canopy trees, cabbage palm clusters with trees ranging from 16' to 22' at the time of PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 11 of 14 planting shall be installed in-between each canopy tree. Layered behind the palm trees shall be an additional staggered row of medium sized canopy trees with a minimum 10' height at install. A typical elevation and plan view of the landscape buffer is provided as Exhibit F1. c. The owner will provide an enhanced landscape buffer along the perimeter of the East and Southeastern boundary lines where abutting the existing preserve where indicated on the PUD Master Plan. The enhanced landscape buffer shall be installed between the property boundaries and the existing preserve within a dedicated minimum 15' wide landscape buffer easement. The enhanced landscape buffer shall provide one 12'tall canopy tree per 50 linear feet with cabbage palm clusters planted in-between each canopy tree. Palm clusters shall have varying heights with trees ranging from 16' to 22' at the time of planting. In addition, a mixed variety of shrubs ranging from 24"to 60" height shall be planted in groupings amongst the canopy trees and palms. There shall be a minimum of 25 shrubs per 100 linear feet. Hedges shall be maintained at a minimum height of 6'. Trees and shrubs shall be installed in a naturalistic manner, soldiering palm trees and shrubs is discouraged. All disturbed areas within the enhanced landscape buffer that are not planted with trees, shrubs, and layered with mulch shall be landscaped with groundcovers or sod. A typical elevation and plan view of the landscape buffer is provided as Exhibit F2. 6. PARKING a. Parking for uses a through g in the principal permitted use section shall be provided at a ratio of 1 space per 200 square feet of building area. Should all uses a through g in the principal permitted use section not be provided at the time of site plan approval,the applicant may be required to obtain an alternative parking ratio for any use that does not have a specified parking standard in the LDC. b. Parking lot lighting will be limited to a maximum of 15 feet in height and must utilize full cut off shielding 7. OVERALL PROJECT COMMITMENTS a. Law enforcement shall be present to control Valewood Drive and Autumn Oaks queuing during weekly luncheon b. Sidewalks will be installed along project frontages of Autumn Oaks Lane and Oakes Boulevard c. A monthly monitoring plan will be provided to Collier County to indicate daily number of members do not exceed maximum of 485 members or staff on a daily basis. PL20180002622 Naples Senior Center CFPUD Exhibits A-F BCC-rev2.docx December 9, 2020 Page 12 of 14 ii C E F i s v I3`S3'IdVM H 5s 2 p ._, 2I333f H LNI3IAi2I3I 13H lQ,3dA L Q NDVHI�I3 W R ' � 2IH LNHD 2IOINHS Sa IdVN ° w N N Co 0 00 W W f'. 2 -.coa a.oaopp xw ¢ J WO U 2 II j O a5 DLL g0 u'O a O W JZ Z F(92 Z--a Ha Z 00 w C9 O W O' Q W _O .- COC ivy Z b ¢i `2 2 iu J OW J O W a0 u`Av. J 8vw °uti \ g W LLI 4,4.• LWL W 1400:4:i;\ CO .., ... ,. mLL CL Cn k Uo� UZg o I m Z O OmNo �3 /(I W O QW Qd 1 Q2r ^ .+j ��� J LU 0 UJ WZ W W N W U W UW • a • ?* ` ..• 0 Z W '7 OW W , ., .7..14 t• Z 0 f` Q -.` U •4W _ 2 Z i Z ; :+1 W / Q At Z / S W WK o / / 0oW w a33d a> <W Q ww km Omc, = .0.3dAl O=z0 N0•O..- ,Ol aw dw �A• w� �z Z Co- s= �d �W w N x9_ are -Q, m 0' 0 N M U O' V EXHIBIT Fl ENHANCED LANDSCAPE BUFFER € s ? = g 2q C7 2 1Fa s id`STIdVINI (dAi13dd118 3dVDSQNV1 11313N11113d 43DNVHN3 L H'IdVN W a ° a 2 2 2 z X z Z o o b Z 11 ;- 0 Q fil so p a � w W ai Q J 8 aaw w W > W Z S V w iii L. W co Ua U-w <w¢00 p W 1- 7 z 8rww-zg e 0 W LL m < n f N Lai •° 0z ce o, W I 2i a. cc'cow I I 0W iii A.31 • 0 `H8' W ' _ Ay. FNy W. N a8 �4 ..a+�E . N w ! 1 • . , Wmo ti Wa I i_ w$ ' ..,.. LLa) m 0- 0_ 1 I eli '- < ,a3 CO .•*- uvi W °Z LLI : ` Q < I-- U� Y W J - m w z z N •�t" P , 2 7f mJ7 0 • S I-- - ¢zzam >74 x w w p w w . N Zt 3 10.i. I - g0y8LL )"" < Gi LuXg Z ox iiw2<a �\1F §I Ls,' W >. .3 Z/ s` Ojg � g5 I-- -e 1L , 0:38. x Up W m Ip I w Q m- _ W (q _ W i� y \W� 0 3AH S3Hd 30IM = a333f18 3dVOSONV1 Z w co 2 w W . OOl 1V1N3W31ddflS I m ai Z g 3aIM.SI. _„ W I W WI Q I LLJ Q �I CL • �I EXHIBIT F2 p ENHANCED LANDSCAPE BUFFER ki ;i1 tirfa�, 4110 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State December 14, 2020 Ms. Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court &Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-51, which was filed in this office on December 11, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/1b R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270