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Ordinance 2009-37 ORDINANCE NO. 09-~ 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 COMPREHENSNE 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 A COMMUNITY FACILITY ZONING DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH A ST/W-4 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 TO A COMMUNITY FACILITY PLANNED USE DEVELOPMENT (CFPUD) ZONING DISTRICT WITH A ST/W-4 WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 FOR THE PROJECT KNOWN AS A VOW HOSPICE CFPUD, LOCATED AT 1095 WHIPPOORWll..L LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.25+/- ACRES; AND BY PROVIDING AN EFFECTNE DATE. 4 WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Avow Hospice, 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 the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Community Facility (CF) Zoning District and Agricultural (A) Zoning District with a ST/W-4 Well field Risk Management Special Treatment Overlay Zone W-4 to a Community Facility Planned Use Development (CFPUD) Zoning District with a ST/W-4 Wellfield Risk Management Special Treatment Overlay Zone W-4 for a 15.25+/- acre project known as Avow Hospice CFPUD, in accordance with Exhibits A through E attached hereto and incorporated herein. The appropriate REV. 5/28/09 1 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this r~(iJ. day of :::rU ~ ,2009. H.-f, A TT~~'.f':r, :":1): , ' D~~'E: .@,~~CK, Clerk ",,' ';t,,' k @,,':';"."~"_,':"":::'),',_,.,',',"c .:'."_,\'~ .'. .. 1., , "~"," ." ';-., . ,~~'... " :~ II'. . . /.- -.""* rl '. >:. ' ,-. . {'.' DY., ,0.. ,'" Atttst; ., ~lt~:~..' peputy Clerk '1gft'~~ ~:r.~.;;~ '1'0' ')1..:; '.- BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA d By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~ A--UcJ EIDI ASHTON-CICKO Assistant County Attorney Land Use Section Chief (\'J." \0"' ~{~(, Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Developer Commitments 09-CPS-00944/22 Thl! ordll1Cll"Ce fi led with tht> ~ry of State's Off~ce the ~ dav of --..7yn~, ~4 cmd ockt\OWledgement of th(jl filing received ""is ~ doy of ~~' ___ 00!ptJty c...... REV. 5/28/09 2 A VOW HOSPICE A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PREPARED FOR: Avow Hospice.lnc 1095 Whippoorwill Lane Naples. FL 34105-3847 PREPARED BY: Tim Hancock. AICP Davidson Engineering. Inc. 3530 Kraft Rd Suite 301 Naples Fl 34105 DATE REV/EWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT A PERMITfED USES: 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: A. Principal Uses: Community Facility 1. Assisted Living Facility including Group Care Facilities, Family Care Facilities, and Continuing Care Retirement Communities (Group 8059) 2. Churches and Places of Worship (Group 8661) 3. Civic and Fraternal Organizations (Group 8641 ) 4. Educational Services (Group 8299) 5. Educational Services (Group 8211-8231) 6. Essential Services 7. Museums and Art Galleries (Group 8412) 8. Nursing Home (Groups 8051 except mental retardation hospitals, 8052, 8249 except construction equipment operation schools and truck driving schools) 9. Parks, public or private including Play areas and Playgrounds 10. Parochial Schools public or private (Group 8211) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures. EXHIBIT B DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the proposed Community Facilities PUD (CFPUD). 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. Tablet COMMUNITY FACILITY PUD STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Square Feet N/A MINIMUM LOT WIDTH 80 Feet N/A MINIMUM FLOOR AREA 1 ,000 Square Feet N/A FRONT YARD SETBACK 25 Feet 1 0 Feet SIDE YARD SETBACK 1 5 Feet 10 Feet REAR YARD SETBACK 15 Feet 1 0 Feet WATERFRONT SETBACK o Feet or 20 Feet o Feet or 20 Feet PRESERVE SETBACK 25 Feet 10 Feet MIN. DISTANCE BETWEEN 25 Feet 10 Feet STRUCTURES MAXIMUM HEIGHT Zoned: 35 Feet Zoned: 35 Feet Actual: 47 Feet Actual: 47 Feet Development of The Avow Hospice CFPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and GMP in effect at the time of issuance of any development plan, excavation permit. and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. () I- - CD - :r: x w L ., . I: ! I . .' I; " .' . :1 ~ Ii I ~ . I l~ ii U 3: ~8 !: ~~ : N:> I I I I r1 .r f I- Z w~ a: 0. ~g =>w I.LQj o I I I ~ , I I I I I I I , I I I I I I I I \ I I ll! :5 o z i= '" X W I I ~ I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I . . L I ., I : .1 .1 11~.1- :1 :J :1 :1 II :J II :1 JI I :1 JI :1 :1 II 'I ~~ ~" u~ :!IS !B ~~ ~w !is ziij 2:> ~ f~ ~~ w~ ~i! gu ii'!l wO ~.. ~~ g~ ~~ !i!3 ~! t , U If if Ii II I il ~it I! ~I II :il Iii U Ifl <l u: Ie , 4 ' ' !I , W~~,".; I ..~ll " ;iT' , U'ii ','). .......-..-.. ..-..........;";,;,, ZONING P\JD (BRYNWOQO PRE5ERW) ~ ~;i . . ~J~ ;:fh ~I!,I?~ I'~~r I;~ ~ !!i~I~ g.jlll~ ll~hj~ I ~~~:~ ~~!:n I hi~1 n~fd .!' i :i!1 ~it~ !ili I z o j:: ~ lil I!l ; j I I i e II ~ I II ~: If j ~ i~ tJ ;i ~ II B i! !I Cl ~ ~ l! 11 i'l ~ it ~ !!!! i ~ ; j~ ~ !11!~~!Hi ! ;;1 ill 1Il~ t: i~ ill" ~ ~"' ~ t liii;e"'<j:J f i! ~ l!I e~~ !~!ii ~~ l g U 2~ 4 l!l ~QL _i ~11 ~ 3 U . . I ~i'l hill :~j U ': ~ ~ I~; ;! II J;: ';1 I! ~I ;;!i ~i1 ~ ~r i~"" jh~i= !~ ~If: t~!~~i ~~ ~!~~ ~@'~II ~11Il~~~ , ~" ...~ ",f' IU~,!; lib; ~ ~i!e~w t; ~;~~i i ii~bii~ ~~ ~~"~ -' l>1;!il-.~w~ ilii i :nl:dn~~n!; ~..: ... ..; . .,; !i~fCf!!~ 15 11 ,; '" "~ - '" iU~U~ ~~~~~~J.; :; $I SI i I ~ ~ ~ ~ I ii~ W ili i ~ ~1II ;q~~i ~"~~iH~ I'" _.....-_..---.._._-~ ~~1;~ In ::! ! \J Z ~ :5 ti':="l!i ':"1-- ~~:~~ :it 0 ~ 15 -.: l- i ~ f; .. ~ n U Z8 -~ -~ (:)~ ~~! w.,; IU~ ZA.... -~i (:) ~.... Z:;:;( woC W'" La... :so~ z"''''1': -0.. O~:Zg rn~~g Qt: ie -~!:!.i:i >lo:W.c CCo~~ _lil:l:o ......ILU Wzc 0= .~ ~.; ~ ~ :l o w !C o ~ U!l' a!::s w::j!!.. ,,!.!p~ ~~ oi,~ a~,~~ ;: 1: ~l:! o~ ~- EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGER 26 EAST. COLLIER COUNTY, FLORIDA MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER Of SAID SECTION 18 RUN S 00025'40" E ALONG THE WEST LINE Of SAID NORTHEAST QUARTER A DISTANCE Of 1260.53 fEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 60 fEET Of THE EAST HALF OF THE NORTHWEST QUARTER Of SAID SECTION 18; THENCE S 89"34'19" W ALONG SAID LINE 30.00 FEET TO THE POINT OF BEGINNING; THENCE S 89034'19" W 25 FEET; THENCE S 00025'40" E 15.00 fEET; THENCE N 89034'19" E 25.00; THENCE N 00025'40" W 15.00 fEET TO THE POINT OF BEGINNING. AND PARCEL 13.2: SOUTH Y:z OF THE NORTH Y:z OF THE NORTH Y:z Of THE SOUTHEAST I/., OF THE NORTHWEST I/., Of SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 4.952 SQUARE FEET, MORE OR LESS. AND PARCEL 13.1: NORTH Y:z Of THE NORTH Y:z Of THE NORTH Y:z Of THE SOUTHEAST 1j., OF THE NORTHWEST I/., Of SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY. fLORIDA. AND THE SOUTH 60 fEET OF THE EAST Y:z OF THE NE 't. OF THE NW I/." SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA. SUBJECT EASEMENT, RESTRICTION AND RESERVATIONS Of RECORD. AND PARCEL 13.3: THE NORTH 1/2 Of THE SOUTH 1/2 OF THE NORTH Y:z OF THE SOUTHEAST 1j., OF THE NORTHWEST 1j., OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 10.00 FEET FOR ROAD RIGHT-Of-WAY. EXHIBIT E DEVELOPER COMMITMENTS 1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project, 2. ENVIRONMENTAL A. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval. The Preserve Management Plan shall identify methods to address treatment of exotic species, fire management. and maintenance. B. The minimum Native Preservation requirement will be a minimum of .30 acres (0.88 acres of native vegetation x 15%= 0.30 acres). 3. TRANSPORTATION At the time of site development plan (SOP). the petitioner agrees to contribute a proportionate fair share cost for the planned improvements at Pine Ridge/Whippoorwill intersection, as well as the Whippoorwill improvements. The proportionate share will be based on the highest peak operational impacts produced by this site, which are present during the AM Peak hour. The proportionate share will be calculated during the Development Order application process. 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 2009-37 Which was adopted by the Board of County Commissioners on the 23rd day of June, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of June, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BOP,J~~;!?f Count y Commi S~~<:?);le r's '.re; . ' ) . ~~~VA~ By: Teresa Po'la$ki~.,.' Deputy Cler~ J.