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Ordinance 2010-28 ORDINANCE NO. 10-2.8.- ORDINANCE AMENDING ORDINANCE NUMBER 2004-41,~S INCLUDES THE COMPREHENSIVE ZON~? 2= REGULATIONS FOR THE UNINCORPORATED AREA OF COLLm,R ~-) COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONfNG N ATLAS MAP OR MAPS; BY CHANGING THE ZONfNO -0 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERlY -,,~ FROM THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RP@i) ~ ZONING DISTRICT KNOWN AS MERIDIAN VILLAGE RPUD Tg:rA 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 ADUL T CARE FACILITIES, CHURCHES AND UP TO 480 BEDS OF ADUL T 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. >,~:. C:J (~ '"~T~l ~ -tir:r.t'l'\'lil - ~;-iJ ~ J a WHEREAS, R. Bruce Anderson, Esquire of Roetze1 and Andress, LP A 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 of3 .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 ')7 H~ (\ 17 Commissioners of Collier County, Florida, this ( day of '(}Ltf ,2010. ATTEST:".",.. D~I'!!.i;PJ~~~qCK, CLERK d::J>" ,',~:~'~~~l'\ .By::~' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "jt..L C"J. ("..... FRED W. COYLE, C By: ,,~ .I "). ".'j';.~..f;"4....'~\:'\)\~' " ~?j'J-~!t;. f~,;\ ~i." " !"~ J Meridian Village MPUD / PUDZ-A-PL2009-2031 Revised 7/01/10 20f3 Approved as to form and legal sufficiency: ,." (1'\,0 ~V 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\ 7 4 Meridian Village MPUD / PUDZ-A-PL2009-2031 Revised 7/01/10 30f3 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 1. 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 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. 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. 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. '11 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. PERMITTED USES: TRACT B Preservation (P) A. Permitted Uses 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. :'1; 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 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 0.601 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 A VENUE 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 ~ of the BH (whichever is greater) Accessory Structure 10 feet Internal Drives 15 feet from edge of drive aisle Minimum Distance ~ 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 Feer~ Accessory Structure: 27 feet PRESERVE SETBACK REQUIREMENTS Principal Structures 25 feet Accessory Structures 10 feet lALF/CCRC/ILU and associated medical uses only excluding parking areas under buildings. 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. 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. T ABLE II RESIDENTIAL DEVELOPMENT STANDARDS 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 BOUNDARY EAST AND WEST OF STEEVES A VENUE ONLY) MINIMUM YARD REQUIREMENTS Front: Principal Structure 20 feet 20 feet i\ccessory Structure 20 feet 20 feet Side: Principal Structure o Feet or ~ of the BH ~ of the SBH Accessory Structure 10 feet 10 feet Rear: Principal Structure 10 feet ~ of the BH Accessory Structure 10 feet 10 feet Minimum Distance Between Structures Principal Structure ~ of the SBH ~ 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 i\ccessory Structure 25 Feet 25 Feet Actual: Principal Structure 45 Feet 45 Feet i\ccessory Structure 25 Feet 25 Feet PRESERVE SETBACK REQUIREMENTS Principal Structures 25 Feet 25 Feet i\ccessory Structures 10 Feet 10 Feet BH = Building Height (Zoned Height per the LDC) SBH = Sum of Building Heights ! ! i\ 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. ;) ) -' " i= z w o Ui w a: ooa: ::>::>0 a.a.>- OC~I- UJw:::i C9e>- :J:'5~ -,-,11. >>1: ~~~ OO~ eta::2 lUWO ::!::2U CI) W .... o z C> ~ z z <( ..J a. ill <I) ::> o z :'5 ..W .. e> a. ~~~ Z~!z ONW NO:::; I-Wa. 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Z 5g 9 d~ o ~;t ::C~ui ~ffi~ w ~z ~:<: 0:1. :.: o o a: EXHIBIT D LEGAL DESCRIPTION: COMMENCING AT THE EAST Y4 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 000 31' 26" EAST 1312.46 FEET ALONG SAID LINE TO THE INTERSECTION OF THE NORTH LINE OF ESTEY A VENUE 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 01009' 40" WEST 129.40 FEET; 2) NORTH 880 50' 20" EAST 40.00 FEET; 3) NORTH 0109' 40" WEST 50.76 FEET; 4) SOUTH 880 50' 20" WEST 135.00 FEET; 5) NORTH 010 09' 40" WEST 50.76 FEET; 6) NORTH 880 50' 20" EAST 135.00 FEET; 7) NORTH OJO 09' 40" WEST 203.04 FEET; 8) SOUTH 880 50' 20" WEST 344.12 FEET; 9) NORTH 000 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 OFW A Y 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 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: 1. 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. ,) 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 . ~} 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. :\ 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. 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. I j : 1 !'I / / / / / / EXHIBIT G PART 77 CONTROLLING SURFACES FOR NAPLES AIRPORT: h'(IKr'UK r / 7 / Z / / / / / / PR / / // / / ESTIMATED BUILDING HEIGHT RESTRICTIONS CONTAINED IN THIS DOCUMENT ARE BASED ON FAR PART 77 (7:1 TRANSmONAL SUR- FACE) AND FAA TVOR 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 WITH APPROPRIATE FEDERAL AVIATION REGULA- TIONS, AND MUST BE APPROVED BY THE NAA PRIOR TO DESIGN COMPLETION RADIO RD C.R. 8 i l ~:? ! I 1~_~9RPO~ ,~cptJARr , ! I I i , i: w \..Z ._.._ ~._.- : DAVIS !-.--------'.----..--l r-------_._.___n..m,--ul r'-. 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ESTI="Y A V W ! t. i-l I- 1 - 0::: i i '3: (/) i U , j I . <( i'O , W ',Cl : Z <{ i - '~ ! . Q.. 1~1~_~~_~_g.f.:_ _.. A.\,! . j ! .. -----~----------------::i I ~b.yQ___C$R_~4)_-. .___.__J i_________ // / EARL STI I ~~ ~ CREEK .__l?~~!~_.~~yg i i! I; ! i II i' I: I j ~?<I~t':J~IO~J L__C?R .8. o o 00 3:> W _J ~CD <( ...J ~ -------------.. -: r.--------- ... -------.-------l ,....._.m_____.___ _ ___,j: I . .'.--.----.-.-----. __m__' I i ~ONNECTICUT A~ I --.___________._n_ _.______~ IINwnnn A\I Meridian Vj]hge MPUD Revised: Jl:lyl, 2010 P;'tg2 17 uf 'j '7 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 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. .,:<.~';.;(.,~' "",' ..;.-,.~, ,-,<"" . ';\.v DWIGHT E. BROCK 0'';:' ........ ? Clerk of court~("?~,'~C;Lerk Ex-officio to BO'a~d of . : S':: . \-::::,'~ County Commlss~on~~s "''''~' "\ ... . " 0LW- ~.:i5..(:~~, u O' ..;tr,,, By: Ann Jennejohn, Deputy Clerk