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Backup Documents 12/13/2016 Item #17C COLLIER COUNTY FLORIDA I dill-- REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location, etc,) Originating Dept/Div: GMD/Zoning Person:Daniel Smith Planner Date:November 14.2015 Petition No (It none,give a brief description). PL20150002519 Petitioner:(Name&Address): Tim Hancock,AICP Stantec Consulting Services Inc 3200 Bailey Lane.Suite 200 Naples,FL 34105 Name&Address of any person(s)to be notified by the Clerk's office (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Tuesday, December 13,2016, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used.(Complete only if important). xxx Naples Daily News Account#068779 Other Legally Required Pi,.chase Order No.4500172052 Proposed text:(include legal description&common locations&size. Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By fiL, d inistrator or Designee V Date: Division List Attachments. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings,initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. FOR CLERK'S OFFICE • • . Date Received Ii / ILO//11 Date of Public Hearing i°7- ii3 /07 Date Advertised a3 / / 1 7 iP NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13, 2016, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9.00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider; 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH, A MULTI-PURPOSE FACILITY, AND CONSTRUCTION OF A MAXIMUM OF 319 RESIDENTIAL DWELLING UNITS ON 39.89 +I- ACRES, BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDR- PL20150002519] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DONNA FIALA DWIGHT E. BROCK, CLERK By: Is/Patricia Morgan Deputy Clerk(SEAL) 1 C ORDINANCE NO. 16- 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH AND CONSTRUCTION OF A MAXIMUM OF 319 MULTI- FAMILY DWELLING UNITS ON 39.89 +/- ACRES; BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08- 07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION NO. PUDR-PL20150002519) WHEREAS, Tim Hancock, AICP of Stantec, representing New Hope Ministries, 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 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Community [16-CPS-01534]92 New Hope Ministries Inc-PUDR-PL20150002519 Page 1 of 2 11/16/16 446 C Facility Planned Unit Development Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 39.89+7- acre project to be known as the New Hope MPUD, to allow an 800 seat church and construction of a maximum of 319 multi-family dwelling units in accordance with Exhibits A through G 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: Ordinance No. 08-07, the New Hope Ministries CFPUD is hereby repealed in its entirety. SECTION THREE: 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 day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI IT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: I IEIDI ASI ITON-CICKO Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments Exhibit G: Buffer Exhibit 116-CPS-015341 92 New Hope Ministries Inc-Pt1DR-P1..20150002519 Page 2 of 2 11/16/16 EXHIBIT A FOR NEW HOPE MPUD PERMITTED USES The New Hope MPUD totals approximately 39.89± acres of property and is planned as a Mixed Use Planned Unit Development (MPUD), consisting of both residential and community facility land uses. The project is divided into two tracts. The westerly 19.93 acres lies entirely within the Mixed Use Activity Center, The easterly tract is comprised of approximately 19.96 acres, lies within the Urban Mixed-Use District and is currently developed with an existing sanctuary and associated parking and accessory uses, Each tract will be developed in accordance with the development standards outlined below: COMMUNITY FACILITY (CF) The CF tract is ±19.96 acres and permits church facilities, including a sanctuary, and accessory uses typically permitted in association with a church. No building, structure, or part thereof, shall be erected, altered or used, or land uses in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Churches and houses of worship, not to exceed 800 seats. 2. Any other use deemed comparable in nature by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 3. Customary accessory uses and structures including child and adult day care facilities and administrative offices, related to the church use. 4. Recreational uses and facilities including but not limited to swimming pools, tennis courts, volleyball courts, athletic fields, tot lots, boat docks, walking paths, picnic areas, recreation buildings, special event areas, and basketball/shuffle board courts. 5. In conjunction with the church, a bookstore, educational classes, recording studio, printing shop, counseling center, and church bus/van parking area (all such uses shall be related to and incidental to the church). 6. Gatehouse. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities. 1 November 16, 2016 17c 9. Any other accessory use deemed comparable by the process outlined in the LDC. RESIDENTIAL (R) The Residential tract is ±19.93 acres in size and permits a maximum of 304 residential units. The Master Concept Plan has been designed to meet or exceed the minimum LDC standards for building setbacks, perimeter landscape buffers and building heights typically associated with land use categories of this density. Residential development will be designed to accommodate a full range of multi-family dwelling types, compatible recreational facilities, essential services and customary accessory uses typical of multi-family development. Residential Amenities-the following amenities shall be provided in association with any residential development, no later than the issuance of the certificate of occupancy for the 60th unit: 1. Resort-style swimming pool 2. Clubhouse 3. Fitness center 4. Tot-lot or playground 5. Dog walk area 6. Gated entry 7. On-site property management if developed as a rental community 8. Fence, wall or hedge along Davis Blvd. in accordance with the MCP Residential Construction shall include the following: 1. Concrete Masonry Unit construction and stucco, or approved equivalent 2. Cement or slate tile roof or approved equivalent 3. Minimum 9-foot ceiling heights for all units 4. Concrete pavers at entrance/exit No building, structure, or part thereof, shall be erected, altered or land used, in whole or in part, for other than the following: A. Principal Uses 1. Multi-Family Dwellings 2. On-site sales or leasing office 3. Model Units 4. 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) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 2 November 16,2016 I c 1. Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas, internal to the site during construction. 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 to serve the residents and guests of the proposed development. 2. Garages and carports. 3. Administration facilities to serve the residents and guests of the proposed development. 4. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to serve residents and their guests. 5. Guardhouses, Gates and Gatehouses 6. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. PRESERVE (P) The purpose of this Section is to identify specific development for the Preserve Areas as generally shown on Exhibit 'C', MPUD Master Plan. A minimum of 5.67 acres of Native Vegetation Area is required. This PUD is providing 5.73 acres of preserve. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following subject to permitting: A. Principal Use: 1 . Preserve B. Accessory Uses and Structures 1 . Passive recreational areas, in accordance with the LDC. 2. Non-paved biking, hiking, and nature trails, and boardwalks, in accordance with the LDC. 3. Water management structures required by permitting agencies. 4. Preserves may be supplemented with native plant materials to meet buffer requirements. Supplemental plantings within preserves shall be in accordance with LDC section 3.05.07. 3 November 16, 2016 EXHIBIT B FOR NEW HOPE MPUD DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the New Hope Ministries, Community Facilities (CF) Tract. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by an internal access way, the setback • is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. TABLE I COMMUNITY FACILITY DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 1 0,000 N/A square feet Minimum Lot Width 80 feet N/A Maximum Height 3 stories not to 35 feet (Zoned) exceed 48 feet Maximum Height 3 stories not to 47 feet (Actual) exceed 60 feet Minimum Building Setbacks Front yard 25 feet 25 feet Side yard 15 feet 10 feet Rear yard 15 feet 10 feet MPUD Boundary 25 feet 10 feet2 Lake' 20 feet 20 feet Preserve 25 feet 10 feet Distance between 15 feet 10 feet structures 1 Lake setbacks are measured from the control elevation established forthe lake. 225 feet where abutting residentially developed orzoned properties 4 November 16,2016 I7C Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from those preserve areas. Table II sets forth the development standards for land uses within the New Hope Ministries CFPUD, Residential (R) Tract. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 43,560 sq. ft. 10,000 sq. ft. Minimum Lot Width 150 feet 50 feet Maximum Height Zoned: 50 feet2 25 feet Actual: 62 feet2 32 feet Minimum Distance between buildings 35 feet 0 feet or 10 feet I � Minimum Floor Area One Bedroom Unit 750 sq. ft. NA Two Bedroom Unit 900 sq. ft. Three Bedroom Unit 1,100 sq. ft. Minimum Building Setbacks Front Yard a c Side Yard b c Rear a c From Davis Blvd a a Preserve 25 feet 10 feet Lake Maintenance or Landscape Buffer Tract or Easement' 20 feet 0 feet a = 50% of the building height, not less than 30 feet b = 50% of the building height, not less than 15 feet c = 50% of the building height, not less than 10 feet ' Lake Maintenance Easements and LBE's are to be separately platted or designated tracts. 2 Building A as shown on the MCP is limited to 3 stories. 5 November 16, 2016 C/7 7c co0QQ LU LU W U U (QJ (N �I OR OR aea' aeae � ¢ �¢p 1 c O N M N O CN Lo v. 2 8 8 V- 00 'R M M V (O O .- .- ei r m cV g. tl] () CO CO N 0 coN CCO N n n cc Q (T ,- N N n- N Nn - m M C 0 J C �— 3 ¢ ¢ N w e CV °' 1- Q 0 .`- Q O N Q LU < Z a II f- n ~ U W M W z Z w m waibj W a o V p O O r, CC ul 6 Z < V N z 0 0 U d ¢ ¢ L z ¢ w a z 0 ¢ � LU ¢ a uW, Z o w 0a O��1 ZO 2a ¢ rr.' 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J � O oact >- Z � gm w z � Z - io2J > g � WQ _ QU o 2 ur am U W W F- WI= J Z LU D Q W U' 0 0UJ 0o Z m � ¢ Q w n- w UJ cn cr> p Z LIJ o 0 U x U ZOa Z 0u_ 0 Zo a Q om a oCl-O N wo N O CO il Lu CC > O Z v) ce V 43) J wo ZwkaQ � wwJ Zamw ° 0ZOW in 06 ' a Z > l— > NOi_. 2 5Zcn Wo cn < ° o 0 I 0 e EXHIBIT D FOR NEW HOPE MPUD LEGAL DESCRIPTION THE EAST 1/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST '/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 75', CONTAINING APPROXIMATELY 39.89 ACRES, MORE OR LESS, 7 November 16, 2016 17C EXHIBIT E FOR NEW HOPE MPUD LIST OF DEVIATIONS 1 . Deviation 1 requests relief from Section 6.06.02.A.4.a of the Land Development Code, which requires a 5 foot sidewalk to be constructed on both sides of the internal Drives; to allow a sidewalk to be constructed in substantial compliance with the sidewalk locations shown on the Master Concept Plan, providing pedestrian interconnections to the adjacent commercially zoned property as shown. 2. Deviation 2 requests relief from Section 4.06.02.0 of the Land Development Code which requires a 15 foot wide Type B buffer and a 10 foot wide Type A buffer between the proposed residential use and the existing Community Facility use (Church), to allow for the required 10' Type A buffer adjacent to the drive aisle lying west of the existing Multi-Purpose Building to be located within an easement on the Residential Tract as shown on Exhibit G. 8 November 16,2016 EXHIBIT F FOR NEW HOPE MPUD LIST OF DEVELOPER COMMITMENTS All facilities shall be constructed in strict accordance with approved SDPs, and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of plat, SDP approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the MPUD is not to be platted. PUD MASTER PLAN A. Exhibit "C", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. An SDP shall be submitted per County regulations in effect at time of site plan submittal. The project may be constructed in several additional phases. WATER MANAGEMENT A. The Stormwater Management System shall show full water quality pre-treatment volume before the stormwater reaches an elevation that would have the lake overflow its banks and then backflow into the natural ground areas (preserve). B. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. TRAFFIC A. Access points shown on the CFPUD Master Plan shall be considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. B. During periods of church worship or special events generating attendance that would equal the church worship attendance, the church must secure traffic control assistance from either the Florida Highway Patrol or the Collier County 9 November 16, 2016 1 C Sheriff's Office subject to the availability of a Sheriff Deputy or Highway Patrol Officer for that purpose. PLANNING A. If during the course of site clearing, excavation or other construction activity an historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. Non-compatible uses. It is recognized that there are uses and accessory uses which, because of their very nature, have characteristics that do not meet the compatibility criteria of this ordinance and thus adversely impact adjacent areas. Special regulation of these uses is necessary to ensure that these adverse impacts will not contribute to the blighting and downgrading of the surrounding neighborhood. Within 15 days from submittal of any SDP for church or church related uses, it shall be within the discretion of the County Manager or designee to refuse approval of such SDP if it includes a use that, in the professional judgment of the County Manager or designee, is not compatible with and has a potential to cause a deleterious effect upon an adjacent neighborhood. Notice of such refusal shall be promptly mailed to the applicant for the SDP. Applicant and staff will meet at their earliest convenience to discuss and attempt to amicably resolve the compatibility issues, which can include, but is not limit to, moving the questioned use to another location within the development. Should the parties be unable to reach an amicable solution, the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearing, the Planning Commission will review the proposed use, make a finding as to (1) whether the proposed use was intended for this site, as set forth in the zoning ordinance, and (2) whether such use can be made compatible with eh adjoining neighborhood through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development, buffering, limiting hours of operation, requiring a vestibule, walls, and relocating dumpsters. Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing, to be conducted in the same manner as LDC section 10.08.00 except that notice purposes 10 days prior notice by publication will be sufficient. C. At the time of Site Development Plan Application for the Residential portion of the site, the developer will make all reasonable efforts to coordinate with Collier County Public Schools to provide a pedestrian interconnection to Calusa Park Elementary School from the project site. 10 November 16, 2016 ENVIRONMENTAL A. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. B. The minimum preserve area required by the Land Development Code is 5.67 Acres. A minimum preserve area 5.73 Acres will be provided. MONITORING REPORT New Hope Ministries, Inc. (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 New Hope Ministries, 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 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. MISCELANEOUS 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 11 November 16,2016 i ? • r —.... -0 EXHIBIT G t 0 , lia . 1 1 3NI1 Al2:13dOdd Ziaddne .V.adAi1 0 ; c; LI 1 ......osonsinvirosaim ,_ - 2i33d118 ...i T.. 111, 2:13.1dnu ,V.3dA.1.,0 l, .8.3dAl.SI. 4:t , c —-------— — -- i c —.......-...—- , r. a3ddne .8.3dAl.9 I 8 j I __-________________ ____________ , 1 , , 7 ___........„,...„, 111, 1 ,,.....„Hi 'l i 1 .... i , 1 , ..„ 1 1 1 U > I z 2 1 w is, o W I LDWOOD LAKE ay1.4, --...... a . h a_ 0 z...„.... 0 ui itic , ..,.. u9 a... ce a 0 ' LLI -„ a LLI CILu . -7 a. - 1 , ---83-i-Afts-V-4dia t-- (1) al c7i z,/-- I..:.---- J 1 5 < P x ' LU LU -7.,- I: .., ...... ----- -----„ , 0 0 ii I I i c4 I I Ia I .., w --, -...'> Li- . 1 111 LU L '; U CV I I I 1 re • , co 44 2 C noo x; 73 ?.2) crw >-. .— acI6 ..o ---- ------- -----zrairia-s-3 -A-r,st,-------------------- ..... 1 1 7 C Acct #068779 November 16, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDR-PL20150002519 — New Hope Ministries CFPUD Dear Legals: Please advertise the above Display Notice with Map on Wednesday, November 23, 2016 and send duplicate Affidavits of Publication, together with charges involved, to this office. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 NOTICE OF PUBLIC HEARING 7C NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH, AND CONSTRUCTION OF A MAXIMUM OF 319 MULIT-FAMILY DWELLING UNITS ON 39.89 +/- ACRES; BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDR-PL20150002519] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DONNA FIALA DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Coinnty of Collier 1 7C CLERK OF THE C1RCtIT COURT COLLIER COUNTI',COUR�OUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-tke k of Circuit Court P.O.BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustodian of County Funds November 16, 2016 Stantec Consulting Services, Inc. Attn: Tim Hancock, AICP 3200 Bailey Lane Suite 200 Naples, FL 34105 Re: Notice of Public Hearing to consider Petition: PUDR-PL20150002519— New Hope Ministries CFPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 13, 2016, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 23, 2016. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 1 7 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, November 16, 2016 4:54 PM To: Legals NDN (legals@naplesnews.com) Subject: PUDR-PL20150002519 New Hope Ministries CFPUD Attachments: PUDR-PL20150002519 New Hope Ministries CFPUD (12-13-16).doc; PUDR- PL20150002519 New Hope Ministries CFPUD (12-13-16).doc Hello, Please advertise the following attached ad Wednesday, November 23, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 1 ? C Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, November 17, 2016 10:00 AM To: Martha S.Vergara Subject: RE: PUDR-PL20150002519 New Hope Ministries CFPUD Confirmed receipt. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, November 16, 2016 4:54 PM To: NDN-Legals<legals@naplesnews.com> Subject: PUDR-PL20150002519 New Hope Ministries CFPUD Hello, Please advertise the following attached ad Wednesday, November 23, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 I 7 IC Martha S. Vergara From: ivonne.gori@naplesnews.com Sent: Thursday, November 17, 2016 10:14 AM To: Martha S. Vergara Cc: Ivonne Gori Subject: Ad: 1365162, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-44-1365162-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 > Ad Proof Nitus ,3 Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori(ct�,naplesnews.com >Account Information >Insertion Information Date: 11/17/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161. Ad Id:1365162 P.O.No.:45-172052 Total Cost:$476.77 Contact Name: Email:martha.vergara@collierelerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 11/23/16 Stop Date:11/23/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com >Ad Proof I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,December 13 2616,in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiaml Trail East,Naples FL., the Board of Canary Cmnndalonera(BCC)will consider the enactment of a County Ordinance.The meeting will commence at 9111A.1.4.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: ANO RDI NA NCEOFTHE BOARD OF COONTYCOMMISSIONERS 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 COLUER 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 PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TOA MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD,TO ALLOW AN 500 SEAT CHURCH,AND CONSTRUCTION OF A MAXIMUM OF 319 MULIT-FAMILY DWELLING UNITS ON 39.89 0/-ACRES;BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER OB-OT, THE NEW HOPE MINISTRIES CFPUD;AND BY PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PDDR-P120150002519) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All Interested parties are invited to attend and be heard. NOTE:All persons wishinYg to speakBBon any agenda item must the agenda Item to be addressed,efIndividual speakers twill be limited to 3 minutes on any item.The selection of any Individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an Item. Persons wishingdto have written or graphic materials Included in the Board agenda packets must submit said material a minimum • of 3 weeks prior to the respective public hearing In any case written materials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in oe hearing.All before the Board will become a permanent part Any erson who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and thereore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If youare a person witha disability who needs a ny accommodation In order to participate In this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamlami Trail East,Suite 101,Naples,FL 34112- 5356,(239)2524350,at least two days prior to the meeting. Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) November 23,2016 No.1365162 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 1Jc Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 17, 2016 10:21 AM To: Smith, Daniel; NeetVirginia (VirginiaNeet@colliergov.net); Ashton, Heidi Subject: PUDR-PL20150002519 New Hope Ministries CFPUD Attachments: BCCZONINGD-44-1365162-1.pdf Morning All, Attached is the ad proof for the aforementioned project for your review. Please let me know if there are any changes needed. Thanks, Martha 1 .7C Martha S. Vergara From: Ashton, Heidi Sent: Thursday, November 17, 2016 11:08 AM To: Martha S. Vergara; Smith, Daniel; Neet, Virginia Subject: RE: PUDR-PL20150002519 New Hope Ministries CFPUD The ad proof is approved. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, November 17, 2016 10:21 AM To: SmithDaniel; NeetVirginia; AshtonHeidi Subject: PUDR-PL20150002519 New Hope Ministries CFPUD Morning All, Attached is the ad proof for the aforementioned project for your review. Please let me know if there are any changes needed. Thanks, Martha Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. • 1 17C Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 17, 2016 11:14 AM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1365162, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Ivonne, The legal department has reviewed and approved this ad proof. Please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Thursday, November 17, 2016 10:14 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: Ad: 1365162, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Pvi - 11,16/5 60602-5/ 1-1tvt 11/4/1:1 n i e,FP0D Public Notices Public Notices1 NOTICE F PUBLIC HEARING NOTICE OF INTENT T O CONSIDER AN ORDINANCE C Notice is hereby given that on Tuesday, December 13, 2016, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: ANORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD,TO ALLOW AN 800 SEAT CHURCH, AND CONSTRUCTION OF A MAXIMUM OF 319 MULIT-FAMILY DWELLING UNITS ON 39.89 +1-ACRES; BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, THE NEW HOPE MINISTRIES CFPUD;AND BY PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDR-PL20150002519] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112- Ass sted listening devices-8380, at least two for the hearing is mpaired ed r to are avae ilable in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) November 23,2016 No.1365162 1 7 c 41, , ?'apLrø Battu 4, ? rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1365162 NOTICE OF PUBLIC HEA 45-172052 Pub Dates November 23,2016 2 i er.,,,;" le i e-"-r- (Sign ure of affiant) oirdhadridadsogiouisodhee Sworn to and subscribed before me 1 ,.I''6'.. IVONNE GOBI This Novemb 30,2016 1 Notary Publtc State of Florida ` 1 • 'T,gCommission #FF 9001370 I = My Comm.Expires Jul 16.2019 �, . ' ( iii °, Bated through National Notary Assn. /�'11 (Signatur of affiant) ' 260 Wednesday,November 23,2016 Naples Daily News Other Public Notices Other Public Notices Oth,-Public Notices Other Public Notic cs Other Pt Il N tices Or her PIlilac N dices 1"1"E N OTICE OFTOPUBLIC HEARING NOTICE CONSIDER HEARING NOTICTOF ICE OBMC MEATO CONSIDE ANF ORDI HEARING N OTICE OF INTENT TO CONSIDER A RESOLUTION NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given,that on December 13,2016,in the Notice is hereby given that on Tuesday,December 13,„2016,p Not ce is hereby given that on hesdey,December 13,2016,in Board of County Commissioners Meeting Room,Third Floor, the Board of County Commissioners Meeting Room,Thd Flo , the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., Collier Government Center,3299 Tamiami Trail East,Naples FL.. Collier Government Center,3299 Tamiami Till!East,Naples FL.. the Board of County Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the enactment of a County Resolution.The meeting will commence enactment of a County Ordinance.The meeting will commence enactment of a County Ordinance.The meeting will commence at 9:00 AM.The title of the proposed Resolution is as follows: at 9:00 A.M.The title of the proposed Ordinance is as follows: at 900 A.M.The title of the proposed Ordinance is as follows: RESOLUTION NO.2016.___ The purpose of the hearing is to consider: The purpose of the hearing is to consider: A RESOLUTION OF THE BOARD OF COUNTY AN ORDINANCE OF THE BOARD OF COUNTY AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO COMMISSIONERS OF COLLIER COUNTY, FLORIDA COMMISSIONERS OF COLLIER COUNTY, FLORIDA DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT AMENDING ORDINANCE NO.95-74,THE NAPLES HERITAGE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, C5 CONSERVATION AREA,AND A PORTION OF THE ID FOOT GOLF AND COUNTRY CLUB PLANNED UNIT DEVELOPMENT, THE COLLIER COUNTY LAND DEVELOPMENT CODE, COLLIER COUNTY CONSERVATION BUFFER EASEMENT AND AMENDING ORDINANCE NO.2004-41,THE COLLIER WHICH ESTABLISHED THE COMPREHENSIVE ZONING WITHIN TRACT C5,AS SHOWN ON NAPLES HERITAGE GOLF COUNTY LAND DEVELOPMENT CODE,BY AMENDING THE REGULATIONS FOR THE UNINCORPORATED AREA AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING OF COLLIER COUNTY, FLORIDA BY AMENDING THE OF THE PUBLIC RECORDS OF COLUER COUNTY,FLORIDA. THE ZONING CLASSIFICATION OF AN ADDITIONAL APPROPRIATEZONING ATLAS MAP OR MAPS BY CHANGING THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 5.215 ACRES OF LAND ZONED RURAL AGRICULTURAL THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED MILE EAST OF SANTA BARBARA BLVD,AND 1 MILE SOUTH (A)TO NAPLES HERITAGE GOLF AND COUNTRY CLUB REAL PROPERTY FROM THE RURAL AGRICULTURAL(A) OF DAVIS BLVD,IN SECTION 9,TOWNSHIP 50 SOUTH, PUD;BY REVISING THE PROPERTY DESCRIPTION;BY ZONING DISTRICT TO THE RESIDENTIAL SINGLE FAMILY RANGE 26 EAST,COLLIER COUNTY,FLORIDA.(PETITION ADDING A RECREATION AREA TO TRACT A;BY REVISING (RSF-1)FOR PROPERTY LOCATED ON THE WEST SIDE OF VAC-PL20160001406) DEVELOPMENT STANDARDS;BY AMENDING THE MASTER MORGAN ROAD,APPROXIMATELY 750 FEET NORTH OF PLAN; BY ADDING A TENNIS CENTER CONCEPTUAL SABAL PALM ROAD IN SECTION 23,TOWNSHIP 50 SOUTH, A cop of the proposed Resolution is on file with the Clerk to the SITE PLAN AND A LANDSCAPE BUFFER EXHIBIT;AND RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING Boardandis available for inspection.All interested parties are PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY, OF 5.70 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. invited to attend and be heard. CONSISTING OF 5630 ACRES,IS LOCATED SOUTH OF [RZ-PL20160001132] DAVIS BOULEVARD AND WEST OF COLLIER BOULEVARD IN NOTE:All persons wishing to speak on any agenda item must SECTIONS 3,4,9 AND 10,TOWNSHIP 50 SOUTH,RANGE 26 register with the County manager prior to presentation of EAST,COLUER COUNTY,FLORIDA.[PUDZ-PL20I50001416] A copy of the proposed Ordinance is on file with the Clerk to the the agenda item to be addressed. Individual speakers will be Board and is available for inspection.All interested parties are limited to 3 minutes on any item.The selection of any individual A copy of the proposed Ordinance is on file with the Clerk to the invited to attend and be heard. to speak on behalf of an organization or group is encouraged. Board and is available for inspection.All interested parties are If recognized by the Chairman,a spokesperson for a group or invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must organization maybe allotted 10 minutes to speak on an item. register with the County manager prior to presentation of NOTE:All persons wishing to speak on any agenda item must the agenda item to be addressed. Individual speakers will be Persons wishing to have written or graphic materials included in register with the County manager prior to presentation of limited to 3 minutes on any item.The selection of any individual the Board agenda packets must submit said material a minimum the agenda item to be addressed. Individual speakers will be to speak on behalf of an organization or group is encouraged. of 3 weeks prior to the respective public hearing.In any case, limited to 3 minutes on any item.The selection of any individual If recognized by the Chairman,a spokesperson for a group or written materials intended to be considered by the Board shall to speak on behalf of an organization or group is encouraged. organization may be allotted 10 minutes to speak on an item. be submitted to the appropriate County staff a minimum of If recognized by the Chairman,a spokesperson for a group or seven days prior to the public hearing.All materials used in organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in presentations before the Board will become a permanent part the Board agenda packets must submit said material a minimum of the record. Persons wishing to have written or graphic materials included in of 3 weeks prior to the respective public hearing.In any case the Board agenda packets must submit said material a minimum written materials intended to be considered by the Board shall Any person who decides to appeal any decision of the Board of 3 weeks prior to the respective public hearing.In any case, be submitted to the appropriate County staff a minimum of will need a record of the proceedings pertaining thereto and written materials intended to be considered by the Board shall seven days prior to the public hearing.All materials used in therefore.may need to ensure that a verbatim record of the be submitted to the appropriate County staff a minimum of presentations before the Board will become a permanent part proceedings is made,which record includes the testimony and seven days prior to the public hearing.All materials used in of the record. evidence upon which the appeal is based. presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board If you are a person with a disability who needs any accommodation will need a record of the proceedings pertaining thereto and in order to participate in this proceeding,you are entitled,at Any person who decides to appeal any decision of the Board therefore,may need to ensure that a verbatim record of the no cost to you,to the provision of certain assistance. Please will need a record of the proceedings pertaining thereto and proceedings is made,which record includes the testimony and contact the Collier County Facilities Management Division, therefore,may need to ensure that a verbatim record of the evidence upon which the appeal is based. located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112- proceedings is made,which record includes the testimony and 5356,(239)252-8380,at least two days prior to the meeting. evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation Assisted listening devices for the hearing impaired are available in order to participate in this proceeding,you,are entitled,at in the Board of County Commissioners Office. Ifyorder to erson i isabilitywho needs any accommodation no cost to you,to the provision of certain assistance. Please in order to participate in this proceeding,youare entitled,at contact the Collier County Facilities Management Division, BOARD OF COUNTY COMMISSIONERS no cost to you,to the provision of certain assistance. Please located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112- COLLIER COUNTY,FLORIDA contact the Collier County Facilities Management Division, 5356,(239)252-8380,at least two days prior to the meeting. DONNA FIALA.CHAIRMAN located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- Assisted listening devices for the hearing impaired are available 5356.(239)252-8380,at least two days priorto the meeting. in the Board of County Commissioners Office. DWIGHT E.BROCK,CLERK Assisted listening devices for the hearing impaired are available By: Martha Vergara,Deputy Clerk in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS (SEAL) COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS CHAIRMAN DONNA FIALA November 23&30,2016 No.1364130 COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK lic Notices Public Notices By:Martha Vergara,Deputy Clerk Pub DWIGHT E.BROCK,CLERK (SEAL) By: Martha Vergara,Deputy Clerk November 23,2016 No.1364047 N OTICE OF PUBLIC HEARING (SEAL) N OTICE OF INTENT TO CONSIDER AN ORDINANCE November 232016 No.1364071 011D Pehlr Nee,e., Other Public No lice, Notice is hereby given that on Tuesday,December 13,2016,in III=IIIIIIIIP Public Ncrt act NOTICE OF PUBLIC HEARING the Board of County Commissioners Meeting Room,Third Floor. NOTICE OF INTENT TO CONSIDER AN ORDINANCE Collier Government Center,3299 Tamiami Trail East,Naples FL., NOTICE OF PUBLIC NEARING the Beard of County Commissioners(BCC)will consider the WV=OF INTENT TO CONSIDER AN ORWNINCE Notice is hereby given that on Tuesday,December 1316,2016,in enaat 9pfment of a W AM.The title of thenance.The proposedOrdinance is.will ls follows: Notice is hereby given that on Tuesday,December 13,2016,in Collier Government mmence the Board fyCen er.13299 Easssioners t Tamiami TraiRooml,Naples Third l FL., the Board of County Commissioners Meeting Room,Third Floor, the Board of County Commissioners(BCC)will consider the The purpose of the hearing is to consider: Collier Government Center,3299 Tamiami Trail East.Naples FL., enactment of a County Ordinance.The meeting will commence the Board of AN ORDINANCE OF THE BOARD OF COUNTY enactment of a County Ordinance.The meeting will consiwill commence er the COMMISSIONERS at 9:00 A.M.The title of the proposed Ordinance is a5 follows: COMMISSIONERS OF COLLIER COUNTY, FLORIDA, at 9:00 A.M.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: AMENDING ORDINANCE NUMBER 92-08,THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT,BY INCREASING The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING COMMISSIONERS OF COLLIER COUNTY, FLORIDA CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR ANOROINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41,AS AMENDED, A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH AREA; BY AMENDING ORDINANCE NUMBER 2004-41, NUMBER 2004-41.AS AMENDED,THE COLLIER COUNTY INCLUDES THE COMPREHENSIVE ZONING REGULATIONS THE COLLIER COUNTY LAND DEVELOPMENT CODE BY LAND DEVELOPMENT CODE, WHICH ESTABLISHED FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, AMENDING THE APPROPRIATE ZONING ATLAS MAP OR THE COMPREHENSIVE ZONING REGULATIONS FOR THE FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, MAPOR MAPS BYCHANGINGTHEZONING CLASSIFICATION ADDITIONAL.354/-ACRES OF LAND ZONED COMMERCIAL BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OF THE HEREIN DESCRIBED REAL PROPERTY FROM A INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OR MAPS BY CHANGING THE ZONING CLASSIFICATION COMMERCIAL INTERMEDIATE(C-3)ZONING DISTRICT, OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OF THE HEREIN DESCRIBED REAL PROPERTY FROM A A GENERAL COMMERCIAL(C-4)ZONING DISTRICT AND OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT A RURAL AGRICULTURAL(A)ZONING DISTRICT TO A SHADOWS PUB;BY ADDING A MEMBERSHIP WAREHOUSE KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPDD) CLUB WITH ASSOCIATED LIQUOR STORE USE AND DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED (MPUD)ZONING DISTRICT FOR THE PROJECT TO BE OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT USE;BY REVISING THE DEVELOPMENT STANDARDS;BY KNOWN AS THE NEW HOPE MPUD,TO ALLOW AN 800 SEAT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL AMENDING THE MASTER PLAN;AND ADDING DEVIATIONS. CHURCH,AND CONSTRUCTION OF A MAXIMUM OF 319 USES ON A 6.50 ACRE PARCEL TO BE KNOWN AS PRICE THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US MULIT-FAMILY DWELLING UNITS ON 39.89+/.ACRES;BY STREET AND 41 CPUD,LOCATED AT THE SOUTHWEST 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, CORNER OF U.S.41 AND PRICE STREET IN SECTION 33, 11,12 AND 13,TOWNSHIP 50 SOUTH,RANGE 25 EAST, THE NEW HOPE MINISTRIES CFPUD;AND BY PROVIDING TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTIONS 3 COLLIER COUNTY,FLORIDA,CONSISTING OF 20.35+/- AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AND 4,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PUDZA- ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF COUNTY,FLORIDA;AND BY PROVIDING AN EFFECTIVE PL20I20001515] SANTA BARBARA BOULEVARD IN SECTION 4,TOWNSHIP DATE.[PL20150000342] 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. A copy of the proposed Ordinance is on file with the Clerk to the [FUDR-PL201500025191 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are Board and is available for inspection.All interested parties are invited to attend and be heard. A cop of the proposed Ordinance is on file with the Clerk to the invited to attend and be heard. Boardsand is available for inspection.All interested parties are NOTE All persons wishing to speak on any agenda item must invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County manager prior to presentation of register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be NOTE:All persons wishing to speak on any agenda item must the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual register with the County manager prior to presentation of limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. the agenda item to be addressed. Individual speakers will be to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or limited to 3 minutes on any item.The selection of any individual If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. to speak on behalf of an organization or group is encouraged. organization maybe allotted 10 minutes to speak on an item. If recognized by the Chairman,a spokesperson fora group or Persons wishing to have written or graphic materials included in organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case, Persons wishing to have written or graphic materials included in of 3 weeks prior to the respective public hearing in any case, written materials intended to be considered by the Board shall the Board agenda packets must submit said material a minimum written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of of 3 weeks prior to the respective public hearing.In any case be submitted to the approp ate County staff a minimum of seven days prior to the public hearing.All materials used in written materials intended to be considered by the Board shall seven days prior to the public hearing.All materials used in pesentations before the Board will become a permanent part be submitted to the appropriate County staff a minimum of presentations before the Board will become a permanent part record. the record. seven days prior to the public hearing.All materials used in of the record. presentations before the Board will become a permanent part Any person who decides to appeal any decision of the Board of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the Any person who decides to appeal any decision of the Board therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and will need a record of the proceedings pertaining thereto and roceedings is made,which record includes the testimony and evidence upon which the appeal is based. therefore,may need to ensure that a verbatim record of theevidence upon which the appeal is based. proceedings is made,which record includes the testimony and If you are to nisabilitywho needsany accommodation evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please If you are apersonwith adisability who needsany accommodation no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, in order to participate in this proceeding,you are entitled,at contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- no cost to you,to the provision of certain assistance. Please located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 5356.(239)252-8380,at least two days prior to the meeting. contact the Collier County Facilities Management Division, 5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34312- Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 5356,(239)252-8380,at least two days prior to the meeting. in the Board of County Commissioners Office. Assisted listening devices for the hearing impaired are available BOARD OF COUNTY COMMISSIONERS in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA BOARD OF COUNTY COMMISSIONERS CHAIRMAN DONNA FIALA COLLIER COUNTY,FLORIDA DWIGHT E.BROCK,CLERK CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk By: Martha Vergara,Deputy Clerk (SEAL) DWIGHT E.BROCK.CLERK (SEAL) November 23,2016 No.1365811 By: Martha Vergara,Deputy Clerk November 23.2016 No.1364086 (SEAL) November 23,2016 No.1365162 ©Wheels/Recreation Real Estate Garage Sales Buy& Sell fast! Theretreasures 's no place like...here found nil heres Rsptes0al(n News 0VaplceQaflntietus loccdfieds loccialfieds lodalfieds ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Conn torney ice at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office Ho C., 4. BCC Office Board of County \z\‘s�� Commissioners \J�� /' I41 ItV- 5. Minutes and Records Clerk of Court's Office a:3spM PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Daniel James Smith Phone Number 239-252-4312 Contact/ Department Growth Management Depa ment Agenda Date Item was December 13,2016 Agenda Item Number 17.0 Approved by the BCC Type of Document Ordinance ... �� ao �, Number of Original 1 Attached Documents Attached PO number or account &JoC b-L, number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County N/A Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing QW slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 13,2016 and all changes - made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, December 16, 2016 9:02 AM To: Smith, Daniel Subject: Ordinance 2016-41 (New Hope Ministries CFPUD) Attachments: Ordinance 2016-41.pdf Good Morning Daniel, A copy of Ordinance 2.016-41, for the New Hope Ministries CFPUD (Petition PURR-PL2o150002519) that was adopted by the Board this past Tuesday, December 13, 2.016, is attached for your records. It was filed with the State yesterday; a receipt to confirm that Filing is the very last page attached. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 17C Ann P. Jennejohn From: Microsoft Outlook To: County Ordinances (CountyOrdinances@dos.myflorida.com) Sent: Thursday, December 15, 2016 4:33 PM Subject: Relayed: CLL20161215_Ordinance2016_41 Delivery to these recipievtts or groups is complete, but KO delivery vtotificatiovt was scot by the destivtatior server: Couvtty Ordivtavtces (CouvttyOrdivtavtces@dos.myflorida.cowt) (CouvttyOrdivtavtces@dos.wtyflorida.cowt) <wtailto:CouvttyOrdivtavtces@dos.wtyflorida.cowt> Subject: CLL2O161215 Ordiravlce2O16_41 I7C ORDINANCE NO. 16- 41 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH AND CONSTRUCTION OF A MAXIMUM OF 319 MULTI- FAMILY DWELLING UNITS ON 39.89 +/- ACRES; BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08- 07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION NO. PUDR-PL20150002519) WHEREAS, Tim Hancock, AICP of Stantec, representing New Hope Ministries, 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 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Community [16-CPS-01534]92 New Hope Ministries Inc-PUDR-PL20150002519 Page 1 of 2 11/16/16 i 1 7 C ' Facility Planned Unit Development Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 39.89+/- acre project to be known as the New Hope MPUD, to allow an 800 seat church and construction of a maximum of 319 multi-family dwelling units in accordance with Exhibits A through G attached hereto and incorporated by reference herein. I 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. 08-07, the New Hope Ministries CFPUD is hereby repealed in its entirety. SECTION THREE: 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 I:)� day of N«;r, , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIE COUNTY, FLORIDA I ja4;e4c, By: CIlk'4'740---, By: r». , pity Clerk DONNA FIALA, Chairman Attest as to.Ch. in s Apptigattila atilYarrn andYlegality: - -11- e-&,4 ' /(C-- ------IrL-7L'v H IDI ASHTON-CICKO Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description This ordinance filed With the Exhibit E: Requested Deviations from LDC ory of State's fi� t ��p Exhibit F: Developer Commitments �doy of that Exhibit G: Buffer Exhibit and Qcknowed9e�1e day fofdiii••-reC ierS t�s ..r.. •► By C � [16-CPS-01534]92 New Hope Ministries Inc-PUDR-PL20150002519 Page 2 of 2 11/16/16 \C ACJ 1 C EXHIBIT A FOR NEW HOPE MPUD PERMITTED USES The New Hope MPUD totals approximately 39.89± acres of property and is planned as a Mixed Use Planned Unit Development (MPUD), consisting of both residential and community facility land uses. The project is divided into two tracts. The westerly 19.93 acres lies entirely within the Mixed Use Activity Center. The easterly tract is comprised of approximately 19.96 acres, lies within the Urban Mixed-Use District and is currently developed with an existing sanctuary and associated parking and accessory uses. Each tract will be developed in accordance with the development standards outlined below: COMMUNITY FACILITY (CF) The CF tract is ±19.96 acres and permits church facilities, including a sanctuary, and accessory uses typically permitted in association with a church. No building, structure, or part thereof, shall be erected, altered or used, or land uses in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1 . Churches and houses of worship, not to exceed 800 seats. 2. Any other use deemed comparable in nature by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 3. Customary accessory uses and structures including child and adult day care facilities and administrative offices, related to the church use. 4. Recreational uses and facilities including but not limited to swimming pools, tennis courts, volleyball courts, athletic fields, tot lots, boat docks, walking paths, picnic areas, recreation buildings, special event areas, and basketball/shuffle board courts. 5. In conjunction with the church, a bookstore, educational classes, recording studio, printing shop, counseling center, and church bus/van parking area (all such uses shall be related to and incidental to the church). 6. Gatehouse. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities. 1 November 16, 2016 17C 9. Any other accessory use deemed comparable by the process outlined in the LDC. RESIDENTIAL (R) The Residential tract is ±19.93 acres in size and permits a maximum of 304 residential units. The Master Concept Plan has been designed to meet or exceed the minimum LDC standards for building setbacks, perimeter landscape buffers and building heights typically associated with land use categories of this density. Residential development will be designed to accommodate a full range of multi-family dwelling types, compatible recreational facilities, essential services and customary accessory uses typical of multi-family development. Residential Amenities-the following amenities shall be provided in association with any residential development, no later than the issuance of the certificate of occupancy for the 60th unit: 1 . Resort-style swimming pool 2. Clubhouse 3. Fitness center 4. Tot-lot or playground 5. Dog walk area 6. Gated entry 7. On-site property management if developed as a rental community 8. Fence, wall or hedge along Davis Blvd. in accordance with the MCP Residential Construction shall include the following: 1 . Concrete Masonry Unit construction and stucco, or approved equivalent 2. Cement or slate tile roof or approved equivalent 3. Minimum 9-foot ceiling heights for all units 4. Concrete pavers at entrance/exit No building, structure, or part thereof, shall be erected, altered or land used, in whole or in part, for other than the following: A. Principal Uses 1. Multi-Family Dwellings 2. On-site sales or leasing office 3. Model Units 4. 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) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 2 November 16, 2016 17 C 1 . Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas, internal to the site during construction. 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 to serve the residents and guests of the proposed development. 2. Garages and carports. 3. Administration facilities to serve the residents and guests of the proposed development. 4. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to serve residents and their guests. 5. Guardhouses, Gates and Gatehouses 6. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. PRESERVE (P) The purpose of this Section is to identify specific development for the Preserve Areas as generally shown on Exhibit 'C', MPUD Master Plan. A minimum of 5.67 acres of Native Vegetation Area is required. This PUD is providing 5.73 acres of preserve. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following subject to permitting: A. Principal Use: 1 . Preserve B. Accessory Uses and Structures 1 . Passive recreational areas, in accordance with the LDC. 2. Non-paved biking, hiking, and nature trails, and boardwalks, in accordance with the LDC. 3. Water management structures required by permitting agencies. 4. Preserves may be supplemented with native plant materials to meet buffer requirements. Supplemental plantings within preserves shall be in accordance with LDC section 3.05.07. 3 November 16, 2016 17C EXHIBIT B FOR NEW HOPE MPUD DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the New Hope Ministries, Community Facilities (CF) Tract. Front yard setbacks in Table I shall be measured as follows: 1 . If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by an internal access way, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. TABLE I COMMUNITY FACILITY DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum LotArea 1 0,000 N/A square feet Minimum Lot Width 80 feet N/A Maximum Height 3 stories not to 35 feet (Zoned) exceed 48 feet Maximum Height 3 stories not to 47 feet (Actual) exceed 60 feet Minimum Building Setbacks Front yard 25 feet 25 feet Side yard 15 feet 10 feet Rear yard 15 feet 10 feet MPUD Boundary 25 feet 10 feet2 Lake' 20 feet 20 feet Preserve 25 feet 10 feet Distance between 15 feet 10 feet structures 1 Lake setbacks are measured from the control elevation established forthe lake. 225 feet where abutting residentially developed orzoned properties 4 November 16, 2016 17C Landscaping and Buffering Requirements: 1 . If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from those preserve areas. Table II sets forth the development standards for land uses within the New Hope Ministries CFPUD, Residential (R) Tract. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 43,560 sq. ft. 10,000 sq. ft. Minimum Lot Width 150 feet 50 feet Maximum Height Zoned: 50 feet2 25 feet Actual: 62 feet2 32 feet Minimum Distance between buildings 35 feet 0 feet or 10 feet Minimum Floor Area One Bedroom Unit 750 sq. ft. NA Two Bedroom Unit 900 sq. ft. Three Bedroom Unit 1 ,100 sq. ft. Minimum Building Setbacks Front Yard a c Side Yard b c Rear a c From Davis Blvd a a Preserve 25 feet 10 feet Lake Maintenance or Landscape Buffer Tract or Easement' 20 feet 0 feet a = 50% of the building height, not less than 30 feet b = 50% of the building height, not less than 15 feet c = 50% of the building height, not less than 10 feet ' Lake Maintenance Easements and LBE's are to be separately platted or designated tracts. 2 Building A as shown on the MCP is limited to 3 stories. 5 November 16, 2016 ..a-z c co W co 0 �:. a 0_ 2'0 cc V Q.. 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Q . 0 a CL 0 Z 0 CI_� " / \ / O (Y 2 D 2<Z � 3 « � \ ± 2 \ $ / f . 7\ ƒ f:t U%: 44 « ± 0 .C/ al --- CL \ 0 w O u) W L0 2 & / ± 0 22 ° Ed « V f ƒ $ ƒ 11 Z > O » N / e0 -JOZ . . $ ƒ S 0 2I . . @ 6\\ 17 C EXHIBIT D FOR NEW HOPE MPUD LEGAL DESCRIPTION THE EAST '/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND THE WEST '/2 OF THE SOUTHEAST '/4 OF THE SOUTHWEST '/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 75', CONTAINING APPROXIMATELY 39.89 ACRES, MORE OR LESS. 7 November 16, 2016 17C EXHIBIT E FOR NEW HOPE MPUD LIST OF DEVIATIONS 1 . Deviation 1 requests relief from Section 6.06.02.A.4.a of the Land Development Code, which requires a 5 foot sidewalk to be constructed on both sides of the internal Drives; to allow a sidewalk to be constructed in substantial compliance with the sidewalk locations shown on the Master Concept Plan, providing pedestrian interconnections to the adjacent commercially zoned property as shown. 2. Deviation 2 requests relief from Section 4.06.02.0 of the Land Development Code which requires a 15 foot wide Type B buffer and a 10 foot wide Type A buffer between the proposed residential use and the existing Community Facility use (Church), to allow for the required 10' Type A buffer adjacent to the drive aisle lying west of the existing Multi-Purpose Building to be located within an easement on the Residential Tract as shown on Exhibit G. 8 November 16, 2016 17 C EXHIBIT F FOR NEW HOPE MPUD LIST OF DEVELOPER COMMITMENTS All facilities shall be constructed in strict accordance with approved SDPs, and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of plat, SDP approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the MPUD is not to be platted. PUD MASTER PLAN A. Exhibit "C", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. An SDP shall be submitted per County regulations in effect at time of site plan submittal. The project may be constructed in several additional phases. WATER MANAGEMENT A. The Stormwater Management System shall show full water quality pre-treatment volume before the stormwater reaches an elevation that would have the lake overflow its banks and then backflow into the natural ground areas (preserve). B. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. TRAFFIC A. Access points shown on the CFPUD Master Plan shall be considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. B. During periods of church worship or special events generating attendance that would equal the church worship attendance, the church must secure traffic control assistance from either the Florida Highway Patrol or the Collier County 9 November 16, 2016 17 C Sheriff's Office subject to the availability of a Sheriff Deputy or Highway Patrol Officer for that purpose. PLANNING A. If during the course of site clearing, excavation or other construction activity an historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. Non-compatible uses. It is recognized that there are uses and accessory uses which, because of their very nature, have characteristics that do not meet the compatibility criteria of this ordinance and thus adversely impact adjacent areas. Special regulation of these uses is necessary to ensure that these adverse impacts will not contribute to the blighting and downgrading of the surrounding neighborhood. Within 15 days from submittal of any SDP for church or church related uses, it shall be within the discretion of the County Manager or designee to refuse approval of such SDP if it includes a use that, in the professional judgment of the County Manager or designee, is not compatible with and has a potential to cause a deleterious effect upon an adjacent neighborhood. Notice of such refusal shall be promptly mailed to the applicant for the SDP. Applicant and staff will meet at their earliest convenience to discuss and attempt to amicably resolve the compatibility issues, which can include, but is not limit to, moving the questioned use to another location within the development. Should the parties be unable to reach an amicable solution, the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearing, the Planning Commission will review the proposed use, make a finding as to (1) whether the proposed use was intended for this site, as set forth in the zoning ordinance, and (2) whether such use can be made compatible with eh adjoining neighborhood through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development, buffering, limiting hours of operation, requiring a vestibule, walls, and relocating dumpsters. Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing, to be conducted in the same manner as LDC section 10.08.00 except that notice purposes 10 days prior notice by publication will be sufficient. C. At the time of Site Development Plan Application for the Residential portion of the site, the developer will make all reasonable efforts to coordinate with Collier County Public Schools to provide a pedestrian interconnection to Calusa Park Elementary School from the project site. 10 November 16, 2016 1 7 C ENVIRONMENTAL A. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. B. The minimum preserve area required by the Land Development Code is 5.67 Acres. A minimum preserve area 5.73 Acres will be provided. MONITORING REPORT New Hope Ministries, Inc. (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 New Hope Ministries, 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 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. MISC ELAN EOUS 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 11 November 16, 2016 0 EXHIBIT G 1 7 C o v o.0 -I co b N �3ddna 3NI1 hl2�ddO2�d d, ddl.l .0:-\ ..1. o V►! - --b3ddna ___---- 2�3ddna ,d, 3d1�1,o� -- , �a 3dl�l�S6_- g 7 -- I2ddna .a. 3dA1.91. W tr. M ,--„,_ .141‘ Lll , iT U Z a vi 8 _U N I Z WILDWOOD LAKE BLVDI < o N ! < m 0 U N w Q a w O D5w 1 W > W LLJw CL O CL J W W 0 I Z WC Z ce J Q a pp —J F — --------- -- a r— Ei ----- —_-:7=-- L --I [---- � — W = T_ cn 1 0, 0 w< I H- Q 1 1 W — \ Oo I = c 1 I w D ---1co W `---- z m 1 1 fl i og i CL V 141) a 1 w - co illlij~ min U p w w 0 I 1 o I Y o , \ —— ,t33d(18.8.3d J. I- — -- '2. q.... ,. , ,•n ,,, , 17C_ I -'0i!]t4'} µti FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-41, which was filed in this office on December 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us