Ordinance 2013-31 28 V
B ORDINANCE NO. 13-31
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AN ORDINANCE AMENDING ORDINANCE NUMBER 2009-15, THE
HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO
INCREASE THE MAXIMUM GRADE LEVEL FOR A SCHOOL FROM
THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE ALL
REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE
DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN
SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 15.93± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Covenant Presbyterian Church of Naples, Inc. and Florida Community
Bank, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester,
P.A., has petitioned the Board of County Commissioners to revise the Heavenly PUD.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF=-CO'1T
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: L;
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SEC TION ONE: AMENDMENT TO EXHIBIT "A", LIST OF PERMTT -t SI3S Of''
ORDINANCE NO. 2009-15.
Exhibit "A", the List of Permitted Uses of Ordinance No. 2009-15, is hereby amended
and replaced with Exhibit"A" attached hereto.
SECTION TWO: AMENDMENT TO EXHIBIT "F", LIST OF DEVELOPER COMMITMENTS
OF ORDINANCE NO. 2009-15.
Exhibit `"F", the List of Developer Commitments of Ordinance No. 2009-15, is hereby
amended and replaced with Exhibit "F" attached hereto.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
Heavenly PUDA/PUDA-PL20 1 2000 1 1 04 Page 1 of 2
Rev.4/09/13
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ‘ day of , 2013.
ATTEST BOARVOF COUNTY COMMISSIONERS
DWIGHT*.tiliCteRk LERK
COLLIE• COUNTY, FLORIDA
B Y r ► B
V� Y
Li- • t - �f 'A A. HILLER, ESQ.
Attest as�q,Chalrrart Chairwoman
signatured&y. it1
Approv d as to form and legal sufficiency:
Heidi Ashton-Cicko `{
Managing Assistant County Attorney
Attachments: Exhibit A—List of Permitted Uses
Exhibit F—List of Developer Commitments
CP\12-CPS-01 170\21
This ordinance filed with the
Secretary of State's Office the
111_4day of. _, 2.01B
and ocknowledgement of that
filing received s
of�!1 � day
Y N.•
Deo Clerk
Heavenly PUDA/PUDA-PL20 1 2000 1 1 04 Page 2 of 2
Rev.4/09/13
GQ'
EXHIBIT A
(TRACT A)
PERMITTED 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:
1. A house of worship with a maximum seating capacity of 1,000 individuals. See Exhibit F,
Tract A, Commitment Number 6).
B. Accessory Uses:
1. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Activity Center
3. Administrative Offices
4. Child/Adult Day Care / Pre-K./Kindergarten / School, limited to 1st through 8th 3'1; with no
more than a combined cumulative total of 220 students/individuals enrolled/attending for the
entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual
agreement of the Tract A and B owners [if in different ownership] provided the total number
of students/individuals for the entire CFPUD does not exceed 220.
5. Non-commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a"market",
"community market", direct marketing outlet or "farmers' market", are not accessory uses
associated with the permitted principal uses and structures.
C. Temporary Uses:
1. Temporary building structures may be utilized to accommodate existing uses in the initial
redevelopment construction transition period. Such uses shall not begin until after the
property owner applies for a building permit for the first new permanent building and the
maximum period of use of such temporary building(s) shall be for a period of 27 months,
after the building permit is issued for the first new permanent building. Any such building(s)
shall meet CFPUD setbacks requirements for new structures.
Heavenly PUD\PUDA-PL20120001104 1 oft
Rev. 8/23/12 Words struck k-through are deleted; words underlined are added.
(TRACT B)
PERMITTED 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:
1. House(s) of worship with a maximum seating capacity of 200 individuals.
B. Accessory Uses:
1. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Activity Center
3. Administrative Offices
4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1st through 8th Ofd; with no
more than a combined cumulative total of 220 students/individuals enrolled for the entire
CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual
agreement of the Tract A and B owners [if under different ownership] provided the total
number of students/individuals for the entire CFPUD does not exceed 220.
5. Non-commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market",
"community market", direct marketing outlet or "farmers' market", are not accessory uses
associated with the permitted principal uses and structures.
Heavenly PUD`PUDA-PL20120001 104 2 of 2
Rev. 8/23,12 Words struck are deleted; words underlined are added.
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
1. The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new lake(s) and associated dry water management
areas;
b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water
management areas;
c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of
pavement of the four adjacent roadways to enhance storm water management for these roadway
areas.
2. The minimum throat length as measured from the roadway edge of payment to the internal parking
area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3. 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 shall be as directed by Collier County staff, with staffing and
at location(s) as directed by the Collier County Transportation Administrator or his designee.
4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The
Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle
Road access shall be closed at dusk.
5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be
constructed concurrently by the property owner with the initial redevelopment phase of
development.
6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire
CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre-
K/Kindergarten / School, limited to 1st through 8th 3rd, within Tract A shall be limited to 60 persons
unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (110 for the
entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a
traffic study, based in part on actual traffic counts, is provided to and confirmed by the County,
demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will
be taken during the first quarter of a calendar year to more accurately portray peak season loading
measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West
Street.
Heavenly PUD\PUDA-PL20120001 104 1 of 2
Rev. 8/23/12 Words struck through are deleted; words underlined are added.
One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day
Care/Pre-K/Kindergarten/School limited to 1st through 8th 3`1 for the entire CFPUD ("the base") is
reached, a supplemental traffic study will be done to determine the trips originating or leaving the
CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be
taken during the first quarter of a calendar year to more accurately portray peak season loading and
will include traffic counts at Ridge Drive and West Street and Myrtle Road and West Street, Ridge
Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be
utilized by the County to determine if additional improvements to minimize impact to the
neighborhood are appropriate and should be required to address the existing uses and as a condition
of approval for the additional seating capacity of 347 and/or the additional 110 students/individuals.
The additional traffic improvements may include traffic calming measures.
The traffic counts required as part of the required PUD monitoring report shall be done during the
first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding
paragraph.
7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering
Attached as Exhibit H.
(TRACT B)
1. 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 shall be as directed by Collier County staff, with staffing and
at location(s) as directed by the Collier County Transportation administrator or his designee
2. A payment-in-lieu-of contribution shall be made by the property owner to the County for otherwise
required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site
Development Plan for a new permanent building on Tract B.
3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A.
Heavenly PUD`PUDA-PL20120001 104 2 of 2
Rev. 8/23/12 Words struc-4E-tliroug i are deleted; words underlined are added.
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 2013-31
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013 .
DWIGHT E. BROC ''
C v c
Clerk of Court . and •C �e4* .
Ex-officio toc,?B.d rd��of � `
County Commq` � e/rA ' ,: . Y
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YUL .-
By: Martha Verga C
Deputy Clerk '