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Ordinance 2024-23 ORDINANCE NO. 2024- 23 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 11-23, THE EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT AND AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 14± ACRES FROM THE ESTATES (E) ZONING DISTRICT TO EMMANUEL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD), TO ADD PRINCIPAL USES INCLUDING COLLEGES AND UNIVERSITIES, SOCIAL SERVICE USES, GOVERNMENT USES, MEDICAL OFFICE, PHYSICAL FITNESS FACILITIES AND RECREATIONAL FACILITIES; TO ADD ACCESSORY USES FOR LODGING/DORMITORY, RETAIL SALE OF AGRICULTURAL PRODUCTS, AND MOBILE FOOD DISPENSING VEHICLES; TO REVISE DEVELOPMENT STANDARDS, THE LEGAL DESCRIPTION AND MASTER PLAN, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, APPROXIMATELY ONE QUARTER MILE WEST OF EVERGLADES BOULEVARD IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.92± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20200002198] WHEREAS, Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. and Robert J. Mulhere, FAICP of Hole Montes, Inc., a Bowman Company, representing Emmanuel Evangelical Lutheran Church of Naples, Inc., petitioned the Board of County Commissioners 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: SECTION ONE: The zoning classification of approximately 14± acres of the herein described real property is changed from the Estates (E) Zoning District to a Community Facilities Planned Unit [21-CPS-02110/1852796/1]174 Emmanuel Evangelical Lutheran Church PL20200002198 Page 1 of 2 3/25/24 R Development (CFPUD) Zoning District to be added together with the 21.72± acre existing Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD for a 35.92± acre project to be known as the Emmanuel Lutheran Church Community Services CFPUD in accordance with revised Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof 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 upon the date that the Growth Management Plan Amendment in Ordinance No.a O� becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 3'�2 ay of Apr i I , 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA .a 1114#64 By: t70Abdreft, By: - �Atteet as to ClUept tysClerk IS HALL, Chairman f-' • �•.,.; Y .. 'signature only G ,Approved as to form and legality: This ordinance filed with the O ,_, Secretary of, St te's Office the tt ,,,,,, _g____;- day of mai' .2-azt Fl eidi Ashton-Cicko t 3-25-24 and acknowledgementof that fill r__ .,cd � _ dad, Managing Assistant County Attorney of By.— O CfA.'k Attachments: Exhibit A-Permitted Uses Exhibit B -Development Standards Exhibit C -Master Plan Exhibit D - Legal Description Exhibit E -Deviations from the LDC Exhibit F -Development Commitments [21-CPS-02 1 1 0/1 852796/1]174 Emmanuel Evangelical Lutheran Church PL20200002198 Page 2 of 2 3/25/24 EXHIBIT "A" LIST OF PERMITTED USES EMMANUEL EVANCELICAL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY FACILITIES PUD CFPUD A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD. No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: SIC GROUP No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Churches and Places of Worship, not to exceed 1,000 seats. 8661 2. Child Care Services, limited to 200 attendees. 8351 Not ft oe ate itt, ch ch 1 e of . ship 1- permitted in this CFPUD,, 3. Private or Public Schools, not to exceed 450 students. 8211 Not for profit and operated with a church or place of worship 8243 permitted in this CFPUD (except boarding schools, and military 8244 academies), 8299 4. Colleges and Universities 8221 Must be not-for-profit, not to exceed 300 students. 4.5. Social Services, individual and family (activity centers, elderly or handicapped only; counseling centers; day care centers, adult and handicapped only); disaster services; helping hand services; 8322 meal delivery programs; multiservice centers, neighborhood; outreach programs; relief services, temporary; service leagues; must be not for profit. Halfway houses are prohibited. and operated with a church or place of worship permitted in this CFPUD. 5-6. Job training and vocational rehabilitation services — must be not 8331 for profit and operated with a church or place of worship permitted in this CFPUD. Vocational rehabilitation services shall Page 1 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc not include uses such as outboard or diesel engine repair that could emit noise beyond the boundaries of the subject preper}CFPUD. 6,7. Medical outreach to the community, to include activities such as administering infhienza vaccines, providing medical check-ups and related examinations, chocking blood pressure and conducting blood donation drives. Must be not for profit. and 1 nee of 1, 44 .-t t1n r y �� CFPUD. 8. Medical Office to facilitate medical outreach 8011 Physician clinics or offices, not to exceed 3,600 sq. ft. Must be not-for-profit. 9. Physical Fitness Facilities 7991 Must be not-for-profit and operated with a church or place of worship permitted in this CFPUD. 10. Essential services, including law enforcement, fire, emergency medical services and facilities, public park, and public library services and facilities, including a mobile or manufactured home for use by a sheriff's deputy(and family). 11. United States Postal Service 4311 Except major distribution center. Page 2 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 7,12. Single family residential dwellings as an alternative to non- residential uses permitted in this CFPUD, not to exceed sixteen (16) single-family homes. (Also see Exhibit B — Development Intensity) 13. Interim agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits; these uses are interim uses allowed prior to issuance of a Certificate of Occupancy for any other permitted principal use. 14. Community Gardens, to be utilized by church members or students and their families. Community gardens will be located proximate to a school or church or other place of worship. 15. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. The athletic field shall be limited to the location depicted on the PUD Master Plan as "Football/Soccer Field" and "Softball Field." Shall be allowed on an interim basis, prior to the construction of a principal use as listed in paragraph A. of Exhibit A of the PUD. [HEX 2015 491 8,16. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC); however, soup kitchens and homeless shelters are prohibited. B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to ,� h 1, Th athletic fiel,a limited to the 1..c tion .,s ,depicted o the PUD Master Plan as "Football/Soccer Field" and "Softball Field," shall be 11 ,d t b t the struct: of a 0 s liste paragraph A. of Exhibit A of the PUD. IBEX 2015 491 Page 3 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 1. Temporary seasonal sales (e.g. pumpkin or Christmas tree sales) and other special events (e.g. open air farmers market) are permitted subject to the issuance of a Temporary Use Permit as set forth in LDC Sec. 5.04.05, except that the sum total of all such special events (e.g. open air farmers market) shall not exceed 100 days in any calendar year. of a Temporary special events shall not exceed 28 days per calendar y ar. These events are allowed prior to the construction of a principal use. 2. Water and wastewater facilities serving this CFPUD only, subject to an interim utilities agreement. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 3. Lodging House/Dormitory, associated with church retreats or church training programs (SIC 7041), up to 20 rooms. 4, Accessory uses customary to religious uses, such as a community hall or residential facilities to serve as a rectory. 5. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in LDC Section 10.02.03. 6. Mobile Food Dispensing Vehicles (MFDVs) accessory to the recreational fields, conditionally allowed per Exhibit "F", Section 4.A.8, and as further regulated and limited in Exhibit "F" — DEVELOPMENT COMMITMENTS DEVELOPMENT COMMITMENTS FOR THE PROJECT, Paragraph 4.A. 67. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). C. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CFPUD Master Plan other than the following: Page 4 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 1. Passive recreation areas such as pervious nature trails or boardwalks are allowed in the preserve area, as long as any clearing required to facilitate these uses does not impact the minimum required area to be preserved. 2. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). Page 5of16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc EXHIBIT "B" DEVELOPMENT STANDARDS EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY-ACIT ITIEi S DUT CFPUD Development of the EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY FACILITIES PUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the Community Facility District (CF) of the LDC shall apply. Table I below sets forth the development standards for land uses within the PUD. 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. TABLE I COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A PERIMETER SETBACKS 75 feet east property line 75 feet west and southwest property line 75 feet south property line 75 feet north property line MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet or perimeter setback whichever is greater MINIMUM REAR YARD 25 feet or perimeter setback whichever is greater MINIMUM PRESERVE SETBACK 25 feet Page 6 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES '/2 building zoned height (BH) MAXIMUM BUILDING HEIGHT 2 stories not to exceed 30 feet zoned building height or 38 feet actual building height; however, the Worship Center shall not exceed a zoned height of 35 feet and an actual height of 42 feet. B. ACCESSORY STRUCTURES FRONT SETBACK 25 feet(see *Note 1) SIDE SETBACK 10 feet or perimeter setback whichever is greater REAR SETBACK 10 feet or perimeter setback whichever is greater PRESERVE SETBACK 10 feet or perimeter setback whichever is greater PERIMETER SETBACK 75 feet MINIMUM DISTANCE BETWEEN ACCESSORY STRUCTURES 10 feet MAXIMUM BUILDING HEIGHT NOT TO EXCEED 1 story, not to exceed 25 feet zoned building height and 30 feet actual BH *Note 1 Athletic field is--pefillitted4a-sethaelE-area4neluding and portions of the existing lakes are permitted in the setback area as shown on CFPUD Master Plan;_ C. STANDARDS FOR RESIDENTIAL USE Residential uses in accordance with the Estates District if non-residential uses are not developed on the subject property. D. DEVELOPMENT INTENSITY 1. A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD and the number of seats for the Worship Center shall not exceed 1,000 seats. 2. Maximum number of elementary and secondary school students is 450. 3. Maximum number of college/university students is 300. Page 7 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 4. Maximum number of Day Care Center participants attendees is 300 200. 5. A maximum of 3,600 sq. ft. of medical office is allowed. 4.6. In lieu of permitted community facilities allowed by this CFPUD, ten (10) sixteen (16) single family dwelling units are permitted. 7. Maximum number of lodging house/dormitory rooms is 20. E. LANDSCAPING 1. Seventy five foot (75') wide buffer areas are required along the east, west and southwest property lines abutting residential development as shown on the CFPUD Master Plan. However, play fields are permitted in a portion of the 75 foot wide buffer area shown on the west and southwest property lines along with an existing lake. 2. A twenty five foot (20') wide Type "D" buffer is required along Oil Well Road and twenty-five foot (25') wide Type "B" buffers are required along the east, west and southwest south property lines as shown on the CFPUD Master Plan. F. LIGHTING (Per Policy 51..1 4.2.5 of the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element and as set forth below): Consistent with public safety requirements and the International Dark Skies Association's best practices, street, recreational and structure lighting shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. The following standards shall apply: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low pressure sodium lamps are encouraged while halogen type lights arc discouraged. Lighting with a lower color temperature (3,000K and below) is required for site lighting. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with site/street lighting will be "flat bottom" style or be fully shielded so that light is directed only downward. Street lamps L ll L. 1 a o e-a-a4i ightc-and-wattag recommended by Light poles shall not exceed a height of 25 feet. 2. Parking lot lamps shy b ' essur-e-sodium-type l"� ps-and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. Page 8 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. Color temperature of recreation lighting (athletic field lighting) shall be as recommended by Illuminating Engineering Society (IES) standards. c. All lighting associated with the Athletic Field shall be turned off no later than 9:30 P.M. G. ATHLETIC FIELD OPERATION 1. The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. 2. If constructed as an interim accessory use, prior to the construction of another principal use, the following standards shall apply [HEX 2015-491: a. The athletic field will only be used during daylight hours and will not be lighted,until such time as a principal use is constructed. b. Temporary sanitary facilities that are ADA accessible shall be provided. c. Use of the athletic field shall be limited to members of the congregation and their guests. d. Up to two (2) on-premises directional signs are allowed. Each sign shall not exceed six (6) square feet in size. e. The authorization ' 11 b ' ' 'e ( ) ` If th principal use has not cen the interim accessory use for another five (5) years. In approving the a - • + t 1 b htb it 'o Fe. Traffic control for peak events will be provided by the owner if it is determined to be warranted by the Collier County Growth Management Division or the Collier County Sheriff's Office. H. COMMUNITY GARDENS 1. U-Pick or similar commercial farm operation is prohibited. 2. The maximum area for the community gardens garden plots shall be limited to 10% of property or+2 acres. Page 9 of 16 Words underlined are additions;words struck through are deletions. H.\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 3. Garden plots Community gardens shall be located outside the 75 foot perimeter setback areas. 41. Maximum number of automobiles shall be limited to ten at any one time. 54. Access to garden plots community gardens and parking areas shall be a gravel surface. 65. Temporary sanitary facilities shall be provided. g6. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of community gardens garden plots. 8. The development of garden plots shall not vest the property for PUD sunsetting purposes. WALLS 1. A six-foot high wall shall be constructed as shown on the CFPUD Master Plan adjacent to residential development to the south and west of the Athletic Field. The wall shall be constructed prior to the utilization of the Athletic Field. Page 10 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc I 4. 4 M 8 Ii1'1{ s Y a m --..NE-(2)---.mm _ $ W^ as $ iTaN ~ gm4y oo IL I-7 a t0 H N CC o a.— a� th W m ¢ E it ca 1- d w cn H - - - - N v CO n - - - i I( � - - . � - - - - .oe43aS ,SL 43. � Z UI IM 1 )a ng adeospuel a ed(1 ,SZ MO a YI i 1— a a a ce �- „ ° U w , „ , J N H \ " c co N; 414 i m rI Z CO QCC G — NW e S ,SL-I!431� wl w 2 () )a ng adeospuel N —rrr,, 1 �9,adA1 ,gZ m u IY U Ii I I �� Q m W III mJ ii...... . Cn1II I w Iwin r ,. i ? I H .O W r �o i 3� mI W F gZI 8LLmeIUIWm "�II�FIc °zooI1Its,�� rnYm INaLLaUO �1 •�� U Enka, y y �, a� cU 1 cn CI 1 W ) > — r U O .•..u., V m C I 2 L_ O y�_ LLv T-§ w 5 + 1 I u I-tr, I c Uk �I FJ O y N I O I h EE E E LEE E_ E_IN O m XX •X X° 2 EE a E E _ - 1 e e caS a w II w a�i �' Emdaci a) to a> c16 F— I1 I Co N 7w�U 00 n. L 1 I` O_ OO McoL M V N 70 .0 _ N a N 0 ` I i I U u u o II II �� �m;•iN\ ONa 4 , `/) �° QQ¢¢ ` 4-5 I I E' O a.. . 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J ¢ F d y d LL E '5 7 2 m w I �i J J r 'O y O. ~ ( ¢ F- Cn L N C LLI N c 'I In in �Q NL CO CO x Io J S r CO d(00 m@ r W N� O L a o e fD OO to w T cl m N a, N 3 U O)c t9 N I—C Q co U 11 co 0 j U COo ; V 1 'I N cx W in 2 N 67, CoO N g N I 1 Lii co a O U c c i N CON n y u c y N.- g» v 3 Z x I D 0_co W O O Q cp N2 j i o y to N N al a • E U Z >C OY d 2 C� G Y c _ cri daLL � r. OJ0Jd I— 2 CO d0 ay M— EXHIBIT "D" LEGAL DESCRIPTION EMMANUEL EVANCELICAL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY F A CI ITIii S PUT CFPUD Property Description: Tract 65A, the North 165 feet of Tracts 80 and 81, the South 165 feet of the North 330 feet of of Tracts 80 and 81, and all of Tracts 80A, 81A, 96 and 96A, GOLDEN GATE ESTATES, UNIT NO 61 esr-dint 4e -'or platthereef as recorde`l Book , (s) 6 ', Public Records of Collier County, Florida. TRACT 65A, THE NORTH 165 FEET OF TRACTS 80 AND 81, THE SOUTH 165 FEET OF THE NORTH 330 FEET OF TRACTS 80 AND 81, THE NORTH 165 FEET OF THE SOUTH 330 FEET OF TRACTS 80 AND 81, THE SOUTH 165 FEET OF TRACTS 80 AND 81 AND ALL OF TRACTS 80A, 81A, 96, 96A, 97 AND 97 A, THE NORTH 1/2 OF TRACT 65, GOLDEN GATE ESTATES, UNIT NO. 64, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE(S) 64, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 21.00 FEET THEREOF AND O.R. BOOK 4703, PAGE 2424-ROW TAKE. AND LOT 104, GOLDEN GATE ESTATES, UNIT NO. 69 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 AT PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY AREA 35.92 ACRES, MORE OR LESS. Page 12 of 16 Words underlined are additions;words struck through are deletions. H:A2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE EMMANUEL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY FACILITIES PUD CFPUD Deviation No. 1 seeks relief from LDC Section 5.03.02. H., Fences and Walls to not require a fence or wall along the west, south, and east property lines outside the boundary of the Athletic Field. Walls will be provided adjacent to the Athletic Field as depicted on the CFPUD Master Plan. This Section of the LDC requires that whenever a non-residential development lies contiguous to or opposite a residentially zoned district, said non-residential development shall provide a masonry wall or precast concrete wall or fence. Deviation No. 2 seeks relief from LDC Table 5.04.05 F.1. Temporary Event Time Limits, which limits sports, religious and community events to 28 event days per calendar year to instead allow sports, religious, and community events for a maximum of 100 event days per calendar year. Page 13 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc EXHIBIT "F" DEVELOPMENT COMMITMENTS FOR THE PROJECT EMMANUEL LUTHERAN CHURCH COMMUNITY SERVICES COMMUNITY FACILITIES PUD CFPUD 1. TRANSPORTATION A. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. B. The maximum total daily trip generation for the PUD shall not exceed 702 two- way AM peak hour trips and 455 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. The development within this--pr�ee-t—sh 11 b l' ited to 66ti ^djus� two way, AM peak hour trips and/e z3 unadjusted two-'b� P A k L.o tr , n110 f fIo ib 1,4 network. For purposes of calculation of the weekday AM and PM peak hour trip generation for this PUD, the less f th ..'da, A'-`."- or PM peal' ho ' trips • r o• �vv th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. E A potential for interconnection with the residential ..ties to the west shall be provided if the subject property-Reveleps-enl.f-with--5 ____l n'' the conditions for the use of the interconnection are acceptable to the developer and the residential properties to the west. If the subject property is developed without shall 1 be ,leer e f ., „lie blo 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26± acres required to be preserved by the LDC. B. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sec. 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. Page 14 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 3. PUD MONITORING A. 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 CFPUD. At the time of this PUD approval, the Managing Entity is Emmanuel Evangelical Lutheran Church of Naples, Inc. 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, 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 the County that includes an acknowledgement of the commitments required by the CFPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity will not be relieved of its responsibility under this Section. When the CFPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. 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) C. All other applicable state or federal permits must be obtained before commencement of the development. 4. OTHER A. Mobile Food Dispensing Vehicles (MFDVs) shall be subject to the following conditions, limitations, and requirement: 1. A maximum of four MFDVs is permitted on site at any time; 2. MFDVs shall not be permanently located within this PUD, and shall be limited to the following hours of operation: Sunday through Thursday: 7:00 AM to 8:00 PM Friday and Saturday: 7:00 AM to 9:00 PM 3. As may be applicable, an Amendment or Insubstantial Change to the approved SDP shall be submitted, identifying the location of available restrooms, the area within which the MFDVs will be parked, and any patron seating areas. 4. MFDVs shall be setback from Oil Well Road, as depicted on the Master Plan. 5. There shall be no formal advertising or signage for the MFDVs. 6. There shall be no sale or consumption of alcoholic beverages permitted in conjunction with MFDV operations. 7. All MFDVs shall leave the PUD at the end of the day. Page 15 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc 8. County staff will annually review the Mobile Food Dispensing Vehicles accessory use as to Code Enforcement complaints and provide a report to the Board of County Commissioners at a meeting, which may be placed on the consent agenda. The Board reserves the right to terminate the food truck use at any time temporarily or permanently and to exercise this reservation by Board approval of a resolution during the annual report to the Board. B. The PUD shall not have vehicular access to 31 st Ave. NE. C. No amplified sound is allowed in connection with the Physical Fitness Facilities use, Recreational Facilities use, and Mobile Food Dispensing Vehicles use, except for announcing players for recreational uses, announcing or providing alerts for weather events, and for events with a special events permit. Page 16 of 16 Words underlined are additions;words struck through are deletions. H:\2006\2006096A\WP\CFPUD\POST BCC\Emmanuel Lutheran Church Community Services CFPUD(PL20200002198)(4-25-2024).doc Olt ,t FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State May 2, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-23, which was filed in this office on May 2, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270