Agenda 12/13/2011 Item #16A 612/13/2011 Item 16.A.6.
n PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to approve a minor amendment
to the Heavenly Planned Unit Development in a rdance with LDC Sections 10.02.13.E.6 and 8 to
change the location and type of plantings and :,,r 'se the buffer standards to reduce the height of
trees and plantings due to site conditions and cts with FPL lines, and to allow payment in lieu
of sidewalks instead of construction of a sidewalk long Myrtle Road from North Trait Boulevard
to the project entrance. The subject property is lo ted at 6926 Trail Boulevard, and comprises the
entire block bounded by Ridge Drive, West S Myrtle Road and Trail Boulevard in Section 3,
Township 49 South, Range 25 East of Collier Conn , Florida.
OBJECTIVE:
To have the Board of County Commissioners (F
referenced petition and render a decision regarding
petition; and ensure the project is in harmony with
ensure that the community's interests are maintained.
CONSIDERATIONS:
This petition was originally scheduled to be heard
request of Commissioner Hiller, who asked the agent
all entities were in agreement with the proposed chani
n To that end, the petitioner, John Hunter who is the P
Naples, submitted a letter to Commissioner Hiller, c
taken to comply with the Commissioner's request.
material, staff s prior executive summary material, a
contacted. Mr. Hunter explained in his letter that he
numerous attempts. The documents noted above
commissioners' consideration.
) review staff s findings regarding the above
s Minor Change to a PUD Master Plan (PMC)
the applicable codes and regulations in order to
September 13, 2011, but was continued at the
reach out to the community to better ensure that
se I Project Manager for the Covenant Church of
ed October 24, 2011 explaining the steps he had
The letter was accompanied by the application
four documents signed by the persons who were
d been unable to reach three other persons despite
re included in the backup information for the
The petitioner is seeking administrative approval of minor refinements to the adopted Heavenly PUD
(Ordinance #09 -15) Master Concept Plan pursuant to Section 10.02.13.E.8 of the Land Development
Code (LDC), and changes to the text of the PUD document in Exhibit B, Development Standards for
Tract A, Section A.4, and Exhibit E, List of Requested Deviations from LDC (Tract A) # 1 and #3. The
original PUD included stringent buffer and sidewalk requirements to address concerns raised by the Pine
Ridge Civic Association. The changes are being requested because after construction commenced, it was
determined that the required specific buffer trees would interfere with existing overhead power lines. The
sidewalk that was required would require the removal of several mature oak trees. The petitioner has
provided a March 15, 2011 letter from the president of the Pine Ridge Civic Association, representing the
residents of Pine Ridge subdivision. A 12/23/2010 letter has also been provided from Christian Andrea,
at Architectural Land Design, Inc., explaining the site conditions that warrant the requested changes.
The changes to Ordinance 09 -15 text are shown in a strike -thru and underline format below:
Exhibit B Development Standards for Tract A. Item A: Buffers:
Heavenly CFPUD, PMC- PL2011 -872 Page 1 of 4
Revised: 11/8111
BCC Hearing Date 9/13111
Packet Page -1075-
12/13/2011 Item 16.A.6.
2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus
virginiana,and/or Bucida buceras provided in 65 Gallon containers at 14 in feet height and are to
be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus
virginiana/Bucida buceras is ^ e to be plafAed 10 feet fro the eenter- line of the
r^ .,,. id lanti .,, bed +..wafd" the ^d damn ROW d is are speed sally not to be planted within
the required 6 feet wide shrub planting bed specified below. Trail Blvd buffer- trees shall be
Reyst- ,nia a .. ,. (Re al Rains) ^ provided f •„ d t #3
,�...,- ...... , �b. �� .,�... � .......,� " pry =o= iucazvri-irzrc��cccrorrTr�:
3. * * * * * * * * * * * * * **
4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting
West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed
with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a
minimum height of 42 8 feet above grade of any adjacent berm; and a 6 foot black or green
clad chain link fence shall be hidden within this double hedge row.
(b) Along West Street the hedge shall be maintained at a minimum height of 402-8 feet except
that portion abutting Tract B which shall be maintained at a minimum height of 6 feet.
(c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of
6 feet except for that portion adjacent to Myrtle Road described above which shall be
maintained at a minimum height of 4-2 8 feet.
(d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and
maintained at three feet in height except for sight distance triangles, which shall be maintained
at 30 inches.
Exhibit C: Master Plan
The petitioner has provided a Master Plan, dated last revised 4/25/11 that depicts the changes
proposed.
Exhibit E, List of Requested Deviations from LDC (Tract A):
Deviation #1 seeks relief from LDC Section 6.06.02.A, Sidewalk and Bike Lane Requirements,
which requires sidewalks within road right -of -way; except that sidewalks shall be provided along
Trail Boulevard and ayeng tha4 p eAi . e f „yftl^ Read bey Trail Boulevard ru a iu the pyJcyt
b . The property owner shall make a payment in lieu of
providing the sidewalks along the balance of the abutting right -of -way and that portion of Myrtle
Road between Trail Boulevard and the project ingress-egress drivewa ty o Myrtle Road. The
developer shall also construct one sidewalk extension from the central building campus across
Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as
conceptually depicted on the CFPUD Master Plan.
I
- - - -
-
..�
Heavenly CFPUD, PMC- PL2011 -872
Revised: 11/8/11
BCC Hearing Date 9/13/11
Packet Page -1076-
Page 2 of 4
12/13/2011 Item 16.A.6.
It is the opinion of staff that the proposed minor refinements, while somewhat exceeding the criteria
contained in the LDC citation noted above allowing administrative approval of minor changes to an
approved Master Plan, are appropriate given the letters of support for the changes provided by the parties
who were instrumental in getting the original requirements included in the PUD document. The project
remains consistent with the Collier County Growth Management Plan, and the administrative approval
does not relieve the project from compliance with all applicable federal, state and local regulations and
procedures. Staff is therefore asking the BCC to confirm that a formal PUD amendment should not be
required as all originally affected parties are in agreement.
Heavenly CFPUD, PMC- PL2011 -872
Revised: 11/8/11
BCC Hearing Date 9/13/11
Packet Page -1077-
Page 3 of 4
n
12/13/2011 Item 16.A.6.
FISCAL IMPACT:
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of
Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency
management, the developer of every local development order approved by Collier County is required to
pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with
Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of
a building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that impact fees and taxes collected were not included in the criteria used by staff to analyze
this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Comprehensive Planning staff was not required to review this petition because the proposed action does
not affect this project's original consistency determination.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This is an administrative petition, not requiring public hearings before the CCPC.
LEGAL CONSIDERATIONS:
^ This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. A
majority vote is required for approval. STW
RECOMMENDATION:
Staff recommends that the BCC affirm staff's approval of the proposed changes to the Heavenly CFPUD.
PREPARED BY:
Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Application
2) Ordinance #09 -15
3) Backup material
Heavenly CFPUD, PMC- PL2011 -872
Revised: 11/8/11
BCC Hearing Date 9/13/11
Packet Page -1078-
Page 4 of 4
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
12/13/2011 Item 16.A.6.
Item Summary: This item has been continued from the September 13, 2011 BCC meeting.
PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to approve a minor amendment
to the Heavenly Planned Unit Development in accordance with LDC Sections 10.02.13.E.6 and 8
to change the location and type of plantings and to revise the buffer standards to reduce the
height of trees and plantings due to site conditions and conflicts with FPL lines, and to allow
payment in lieu of sidewalks instead of construction of a sidewalk along Myrtle Road from
North Trail Boulevard to the project entrance. The subject property is located at 6926 Trail
Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road
and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida.
Meeting Date: 12/13/2011
Prepared By
Name: DeselemKay
Title: Planner, Principal,Engineering & Environmental Ser
11/2/2011 1:30:21 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/3/20113:27:28 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 11/8/2011 11:30:52 AM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 11/8/2011 11:31:14 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 11/9/2011 10:10:28 AM
Packet Page -1079-
,..� Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/9/2011 11:26:24 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/15/2011 10:07:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/20113:38:06 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/28/20112:17:01 PM
Name: OchsLeo
Title: County Manager
Date: 11/29/20113:54:17 PM
Packet Page -1080-
12/13/2011 Item 16.A.6.
12/13/2011 Item 16.A.6.
BellowsRay
From: BellowsRay n
Sent: Wednesday, February 23, 20118:44 AM
To: rayhusker @aol.com
Subject: FW: Heavenly PUD
FYI
From: AshtonHeidi
Sent Thursday, January 27, 20119:32 AM
To: BellowsRay
Cc: Richard Yovanovich; KlatzkowJeff
Subject: Heavenly PUD
Ray,
As to the Rich's request to process some minor amendments under Section10.02.13.F.5 of the LDC, I don't recommend
that you go that route as that Section is intended to apply to PUD close -outs.
You could consider processing this as a minor amendment under Section 10.02.13.E.6 and 8. If you go this route, then I
recommend placing it on the BCC consent agenda and giving any Board member an opportunity to pull it before it
becomes effective.
The proposed changes are: n
Due to power poles around the lake, place trees interior to the hedge at the location around the lake only. Due to
relocating trees closer to the lake, to switch out the type of trees to a comparable trees around the lake only. The
original type of trees may not due well close to the lake, which will be more wet.
Reduce height of hedge from 12 feet to 8 feet
Remove sidewalk on Myrtle from Trail Boulevard to Eastern Access Point. This was a requirement of transportation
which they have removed.
(all of the changes will be approved in writing by the President of the Homeowner's association)
Heidi Ashton -Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239) 252 -8400
Fax (239) 252 -6300
Note: Address change on November 1, 2010: Office of the County Attorney, 3299 Fast Tamiami Trail, Suite 800,
Naples, FL 3411`2
1*_\
Packet Page -1081- .
12/13/2011 Item 16.A.6.
�,
c'6 &r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
MINOR CHANGE TO PUD MASTER PLAN (PMC)
LDC 10.02.13 E.8
Minor changes to the PUD master plan may be allowed during its subdivision improvements plan or
site development plan process to accommodate topography, vegetation and other site conditions not
identified or accounted for during its original submittal and review and when said changes have been
determined to be compatible with adjacent land uses, have no impacts external to the site, existing or
proposed, and is otherwise consistent with the provisions of the LDC and Growth Management Plan.
PMC- PL2011 -872
COVENANT PRESBYTERIAN
PROJECT NUMBER CHURCH OF NAPLES
PROJECT NAME
DATE PROCESSED DATE: 5/6/11
DUE: 6/6/11
�— APPLICANT /AGENT INFORMATION
NAME OF APPLICANT(S) The Covenant Presbyterian Church of Naples, Inc., a Florida not for profit organization
ADDRESS 6426 N. Tamiami Trail CITY Naples STATE FL ZIP 34108
TELEPHONE #
E -MAIL ADDRESS:
CELL #
NAME OF AGENT Richard D. Yovanovich
ADDRESS 4001 Tamiami Trail North #300 CITY Naples STATE FL Zip 34103
FAX # 239 -435 -1218
FAX #
TELEPHONE ,it 239 -435 -3535 CELL # _
E -MAIL ADDRESS: rovanovich @cykiawfirm.com
Is the applicant the owner of the subject property? ❑ Yes ❑ No
❑
(a)
If applicant is a land trust, so indicate and name beneficiaries below.
Q
(b)
If applicant is corporation other than a public corporation, so indicate and name officers and
major stockholders below.
❑
(c)
If applicant is a partnership, limited partnership or other business entity, so indicate and
name principals below.
❑
(d)
If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
❑
(e)
If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on
the lease.
❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s)
name and address below.
Packet Page -1082-
August 30, 2010
12/13/2011 Item 16.A.6.
Cot ker County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.coillemov.net
(if space is inadequate, attach on separate page.)
PROJECT INFORMATION
PUD ORDINANCE NAME AND NUMBER: Heavenly Community Facility PUD Ordinance NO. 09-15
Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be
graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject
portion.
Provide Written Description of Map Change
(If space is insufficient use attachment)
Does amendment comply with the Comprehensive Plan? 0 Yes ❑ No
If no, explain:
Has a public hearing been held on this property within the last year? ❑ Yes
Q No
If so, in whose name?
Has any portion of the PUD been SOLD and /or ❑ DEVELOPED?
Are any changes proposed for the area sold and /or developed? ❑ Yes Q No
If YES, describe (attach additional sheets if necessary)
Officer detail: President/John C. Hunter III, VP /Harold Henderson,
I reasurer /Norman Caspersen, Secretary/Tom Comella
Also, please see attached information explaining the minor changes.
August 30, 2010
Packet Page -1083-
12/13/2011 Item 16.A.6.
Ccifle"r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
MINOR CHANGE TO PUD MASTER PLAN
(PMC) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W /COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED
REQUIREMENTS
# OF
COPIES
SUBMITTED
NOT
REQUIRED
(1 additional copy if located in Immokalee)
(1 additional copy if for affordable housing)
❑
$50.00 Fire Review Fee
Completed Application (download from website for current form)
3
❑
Cover letter
3
❑
Current Master Plan & 1 Reduced Coy
3
❑
Revised Master Plan & 1 Reduced Copy
3
❑
Owner/Agent Affidavit signed & notarized
2
❑
Li
Copy of completed Addressing Checklist
t
❑
Copy of 8 1/2" X 11 " graphic location map of site
1
❑
Fee Calculations:
$1,000.00 Application Fee
❑
$50.00 Fire Review Fee
Other
Fee Total $
Date
Packet Page -1084-
August 30, 2010
12/13/2011 Item 16.A.6.
'H Y.fNU,
Go Y Y Go- anty
n
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
AFFIDAVIT
Presbyterian Church
We /I, John Hunter as President of Covenant being first duly sworn, depose and say that
we /I am /are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure of
interest information, all sketches, data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of our knowledge and belief. We /I understand
that the information requested on this application must be complete and accurate and that the content
of this form, whether computer generated or County printed shall not be altered. Public hearings will
not be advertised until this application is deemed complete, and all required information has been
submitted.
As property owner We /I further authorize Richard
representative in any matters regarding this Petition.
Sig ature of Pro rty Owner
Yovanovich to act as our /my
Signature of Property Owner
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this ,lq�h day of r J 2011
byhn,• �il�(.Y1,4� who is personally known to me or has produced
State of Florida
County of Collier
QUIN;,, /*��
����r� •issioyF yl''��
.�v �aY 28, 2p��A9 •S
. ct
o NEE 031402 ; p�2
tic
as identification.
(Signature of Notary Public - State of Florida)
D16 -nno- Qit. nh niltq
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Packet Page -1085-
August 30, 2010
12/13/2011 Item 16.A.6.
COLEMAN, YOVANOVICH & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G. Coleman
Richard D. Yovanovich
Edmond E. Koester
William M. Burke
Gregory L. Urbancic
Matthew L. Grabinski
Writer's Email:
ryovanovich@cyklawfiTm.com
NORTHERN TRUST BANK BUILDING
Linda C. Brinkman
4001 Tamiami Trail North
Craig D. Grider
Suite 300
Matthew M. Jackson
Naples, FL 34103
Alex R. Figares
239 -435 -3535
Jeffrey J. Beihoff
239 -435 -1218 Facsimile
April 18, 2011
EXPLANATION OF REQUEST
Of Counsel:
Kenneth R. Johnson
Covenant Presbyterian Church acquired Tract B. Covenant Presbyterian Church now owns all
property within the PUD.
The buffer standards within the PUD document were agreed to by Covenant Presbyterian Church
and the Pine Ridge Civic Association as part of the adoption of the Heavenly PUD. The buffer
standards are very detailed and go beyond the detail customarily included in a PUD document.
Since the adoption of the PUD, it was discovered that the buffer standards set forth in Exhibit B,
Section A.2 can't be fulfilled as a result of overhead power lines. Attached is a letter from
Christian Andrea explaining the issues.
In addition, the hedge height of twelve feet set forth in Exhibit B, Section A.4 (b) is no longer
being required by the Pine Ridge Civic Association.
We are requesting that the Board of County Commissioners approve the revisions to buffer
standards set forth in Christian Andrea's letter.
Finally, we are requesting the deletion of the sidewalk along Myrtle Road from North Trail
Boulevard to the project entrance. Construction of the sidewalk would result in the removal of
mature oak trees. A payment in lieu of sidewalks will be made to the County.
Attached is a letter from the Pine Ridge Civic Association approving the requested changes.
Packet Page -1086-
2113/201 i ) (0 A • "
March 15, 2011
Raymond V. Bellows
Planning Manager
Department of Land Development Services
Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Revisions to Heavenly PUD
Dear Mr. Bellows:
The Pine Ridge Civic Association, representing the residents of Pine Ridge subdivision, worked
closely with Covenant Presbyterian Church in the drafting of the provisions within the Heavenly
PUD. Some of the provisions that we requested regarding the landscape buffer are not capable of
being constructed. The Pine Ridge Civic Association is in full agreement with the changes to
the Heavenly PUD which are being requested by Covenant Presbyterian Church. The changes to
which we agree are:
1. Moving the planting location for the buffer trees from that stated in Exhibit B, Section A,
paragraph 2 to the locations indicated on their revised plan inside of the hedge line and
allowing the church to make the choice of type of tree between the listed Live Oaks and
an alternate of Black Olives; and
2. Changing the minimum maintained height of the buffer hedge referenced in Exhibit B,
Section A, paragraph 4(a) from 12 feet to 8 feet; and
3. Elimination of the sidewalk along Myrtle Road between the Church entrance and North
Trail Boulevard.
We appreciate your consideration on this issue.
Sincerely,
President
December 23, 2010
Collier County
2800 Horseshoe Drive South
Naples, FL 34104
Re: COVENANT PPE(SBYTEM CRUNCH
(Project No. 10- 001 -01)
Dear Sir;
12/13/2011 Item 16.A.6.
The buffer provisions within the PUD were originally prepared by Landscape Architect Michael
Spencer on behalf of the Pine Ridge Civic Association. As we began the SDP process, we
determined that some of the buffer standards will not work with the existing site conditions.
Accordingly, we are requesting some minor revisions to the buffer requirements for the church
due to some conflicts with utilities on the site.
Under the Buffers portion (A. Buffers 2.) of the PUD document, we are asked to install Live Oak
trees 14 -16 feet in height 30' on center, relatively close to the R/W line. Along West Street there
are existing overhead utility lines that cause a conflict with the proposed placement of mature
canopy trees in this location. Per FPL design guidelines, trees of this type need to be located at
least 30' from the overhead wires. Our revised plan shows these trees shifted inwards, away
from the street to satisfy this 30' separation requirement. In the southeast corner of site the
proposed location of these relocated buffer trees end up getting quite close to the lake bank, and
there is a concern that Live Oaks will not perform well, that close to the water table. We have
met w/ Michael Spenser, and he has accepted the revised planting location and the substitution of
Black Olive trees in place of the Live Oaks, as they are more tolerant of wet conditions.
Along Trail Blvd we also have conflicts with overhead utilities. We are choosing not to
implement deviation No 3. This deviation allowed the church to plant only Royal palms along
Trail boulevard. Due to the overhead utility conflicts, and design issues, we have chosen to
comply with the landscape code and not need to ask for Chia ticviativu.
Lastly Item A. Buffers 4(a); Required a 12' hedge to be maintained along Myrtle Road and
West Street. In discussions with the Pine Ridge Civic Association it was agreed that maintaining
the hedge at 8' would be adequate to satisfy the screening needs of the community.
Sincerely,
Christian Andrea ASLA
Landscape Architect
L A N D S C A P E A R C H I I' E C 7' U R F
2780 S. 1 lorseshoe Drive Suite 5 Naples. FL 34104 3': 239.430.1661 N: 239.430.1664
DesiknCa!MylandscaneArchitect .net Licenses Florida :LC26000259 North Carolina: NC 1598
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12/13/2011 Item 16.A.6.
ORDINANCE NO. 09-- -15
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, -=
WHICH INCLUDES THE COMPREHENSIVE ZONING `-
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY r -'
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE -
FAMILY (RSF -1) ZONING DISTRICT TO A COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD)
ZONING DISTRICT FOR A PROJECT KNOWN AS THE
HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
:h
WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and
Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida
Community Bank, 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 3,
Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF -1 Zoning
District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known
as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
Page 1 of 2
Packet Page -1090-
12/13/2011 Item 16.A.6.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this � day of A/..-c , 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
D)VGAM "g. MACK, Clerk COLLIER COUNTY, FLORIDA
•y1
BY:
r I�e uty Clerk DONNA FIALA, Chairman
,p'�hs
S 1 iAttiik`V oR I "
n
Approved as to form and
legal sufficiency:
p txL/ �
eidi Ashton -Cicko
Assistant County Attorney
Attachments:
Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Developer Commitments
Exhibit G - Graphic Depiction & Guide of Vertical Building Height
Exhibit G -1- Graphic Depiction & Guide of Vertical Building Height -Tract B
Exhibit H - Conceptual Architectural Rendering
Exhibit I - Conditions of Approval This ordinance filed with the
ry of St tye'�s,{ Off ice thr,
day of , 11 7
cnd otknowEtdgement
CP \08- CPS -00840\60 2/25/09 HFAC fill rece}ved his of, that
day
Of
Page 2 of 2
Packet Page -1091- o•pu" Clark
12/13/2011 Item 16.A.6.
HEAVENLY
COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
EXHIBITS A through I
March 25, 2009 Page 1 of 18
Packet Page -1092-
EXHIBIT A
GENERAL:
12/13/2011 Item 16.A.6.
Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and
applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not limited to final
subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to
which such regulations relate.
(TRACT A)
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F,
Tract A, Commitment Number 6).
B. Accessory Uses:
L Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Fellowship Center
3. Administrative Offices
4. Child/Adult Day Care / Pre- K/Kindergarten / School, Iimited to I" through 3rd; with no more
than a combined cumulative total of 220 students/individuals enrolled/attending for the entire
CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement
of the Tract A and B owners [if in different ownership] provided the total number of
students /individuals for the entire CFPUD does not exceed 220.
S. Non - commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market,"
"community market," direct marketing outlet or "farmers' market," are not accessory uses
associated with the permitted principal uses and structures.
C. Temporary Uses:
1. Temporary building structures may be utilized to accommodate existing uses in the initial
redevelopment construction transition period. Such uses shall not begin until after the
property owner applies for a building permit for the first new permanent building and the
maximum period of use of such temporary building(s) shall be for a period of 27 months,
after the building permit is issued for the first new permanent building. Any such building(s)
shall meet CFPUD setbacks requirements for new structures.
March 25, 2009
Packet Page -1093- Page 2 of 18
(TRACT B)
PERMITTED USES:
12/13/2011 Item 16.A.6.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Use:
1. One House of worship with a maximum seating capacity of 200 individuals.
B. Accessory Uses:
1. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Fellowship Center
3. Administrative Offices
4. Child/Adult Day Care / Pre- K/Kindergarten / School, limited to I" through P; with no more
than a combined cumulative total of 220 students /individuals enrolled for the entire CFPUD.
The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement
of the Tract A and B owners [if under different ownership) provided the total number of
students /individuals for the entire CFPUD does not exceed 220.
5. Non - commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market,"
"community market," direct marketing outlet or "farmers' market," are not accessory uses
associated with the permitted principal uses and structures.
March 25, 2009 Page 3 of 18
Packet Page -1094-
12/13/2011 Item 16.A.6.
EXHIBIT B
DEVELOPMENT STANDARDS FOR TRACT A
Together with the text that follows below are the development standards for land uses within Tract A of this
CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of
the LDC in effect as of the date of approval of the site development plan (SDP).
SPS= Same as Principal Structure
hi
�1) IncIudes the vertical distance between the finished floor elevation and the average center line
elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.
(2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non-
occupiable building elements, singularly or in combination, such as a steeple, cupola, religious
symbol or other excluded height permitted by LDC Subsection 4.02.01.1).1, as may be amended.^
March 25, 2009 Page 4 of 18
Packet Page -1095-
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
14f acres
N/A
MINIMUM LOT WIDTH
538 ft.
N/A
MINIMUM YARDS (from right -of-
way line abutting the property)
Existing
The greater of 30 ft. or the zoned height
SPS
of structure.
SPS
Expanded buildings
50 ft. for expanded portion
New structures
200 ft.; except, 50 ft. from Trail Boulevard
SPS
MINIMUM YARDS (between tracts)
Side
30 ft.
SPS
MIN. DISTANCE BETWEEN
The greater of 15 ft. or '/2 the sum of the
SPS
STRUCTURES
zoned buildin hei hts
MAXIMUM ZONED HEIGHT
35 ft.
35 ft.
MAXIMUM ACTUAL HEIGHT
50 ft.
50ft.
MAXIMUM NUMBER OF STORIES
New
2 (3)
2
Existing/Expanded
i
SPS
MINIMUM FLOOR AREA
2,500 sq. ft.
400 sq. ft.
MAXIMUM SQUARE FOOTAGE
House of Worship (6)
28,000 sq. ft.
Accessory Uses(7) (9)
40,000 sq. ft.
Circulation/Maintenance /Storage
12,000 sq. ft.
PRESERVE SETBACKS
25 ft.
25 ft.
SPS= Same as Principal Structure
hi
�1) IncIudes the vertical distance between the finished floor elevation and the average center line
elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.
(2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non-
occupiable building elements, singularly or in combination, such as a steeple, cupola, religious
symbol or other excluded height permitted by LDC Subsection 4.02.01.1).1, as may be amended.^
March 25, 2009 Page 4 of 18
Packet Page -1095-
12/13/2011 Item 16.A.6.
The maximum combined square footage of such building elements shall be 4,000 square feet.
See Exhibit G for graphic depiction of vertical elevation measurement.
(3) Exclusive of mezzanines, loft areas and attic or attic storage areas.
(4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated, provided that in no event shall the square footage of all structures within the boundaries
of the CFPUD exceed 96,000 square feet.
(5) Expansions which add square footage to any existing individual building are limited to a
cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A
signed and sealed survey of the existing building(s) proposed for expansion and an additional
exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed
and all prior expansions since the date of PUD approval, shall be submitted with the associated
SDPA and building permit applications.
(6) House of worship square footage not utilized shall be available for religious educational
classrooms.
(7) The maximum area of an individual room shall be 12,000 square feet.
(8) Listed setback is for all principal and accessory structures. Setback provisions, relative to
preserves, for parking lots, sidewalks and other site improvements shall be governed by
applicable LDC provisions in effect at the time of SDPA application.
(9) The Child/Adult Day Care/Pre- K/Kindergarten/School use shall be located a minimum of 200
feet from West Street, Ridge Drive and Myrtle Road.
^ (10) Buildings located outside of the "church campus building envelope" depicted on the Master Plan
shall be limited to 25 feet in height.
A. Buffers
1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent
building or with the SDP that provides for the relocation of the lake.
2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus
virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida
Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a
minimum of 10 feet from the center line of the required planting bed towards the adjacent
ROW and is specifically not to be planted within the required 6 feet wide shrub planting bed
specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for
in deviation #3.
3. The maximum water management area within the combined frontage buffers of Tracts A and B
shall be 50 %; and the maximum width of the water management use shall not exceed 70% of
the buffer's depth.
4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting
West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed
with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a
minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad
chain link fence shall be hidden within this double hedge row.
March 25, 2009 Page 5 of 18
Packet Page -1096-
12/13/2011 Item 16.A.6.
(b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except
that portion abutting Tract B which shall be maintained at a minimum height of 6 feet.
(c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of
6 feet except for that portion adjacent to Myrtle Road described above which shall be
maintained at a minimum height of 12 feet.
(d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and
maintained at three feet in height except for sight distance triangles, which shall be maintained
at 30 inches.
B. Parking Lot Lighting
Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting
fixture, and their use shall be further restricted to interior parking lots and at ingress- egress drives.
Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall
have a maximum height of 48 inches.
C. Existing Ingress — Egress Driveways
Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the
tracts are redeveloped.
D. Open Space
n
The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than
4.8 ±acres] as open space. Open space includes but is not limited to landscape buffers, interior
landscaping, building foundation landscaping, dry water management areas and lakes.
At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the
gross project area [i.e. not less than 6.3-+ acres] as open space. Build -out, relative to this provision, shall
be the time when 80,000 square feet of structures exist within Tract A.
E. Water Management
The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD
Master Plan. The project shall provide the greater of (1) the capacity required by water management
design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the
capacity required by water management design standards at the time that development order approval is
sought. Capacity may be met, in part, with dry water management areas.
The surface water management system shall be designed such that no surface water runoff or discharge
is directed towards or into the Pine Ridge surface water management system including adjacent roadside
swales to the north, east and south.
The surface water management system shall be a zero discharge system or the discharge shall be routed
through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami ,.-,
Trail North (SR -45) and then ultimately to the Gulf of Mexico.
March 25, 2009 Page 6 of 18
Packet Page -1097-
12/13/2011 Item 16.A.6.
Water management areas required for the existing facilities that are to remain, including those within
Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be
located outside of the Tract A management containment berm provided that compensating water
management areas for the acreage have been provided. Tract B shall be integrated into the master water
management system if and when Tract B is redeveloped.
The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25
feet. See fencing and associated landscape installation standards within this Ordinance.
Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water
management system shall at a minimum provide for the following noncumulative development
standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious
area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire
project's impervious area) within dry water management areas and not less than 1.5 inches over the
entire project. The balance of the project's stormwater management capacity shall provide compensatory
water quality for the portion of West Street adjacent to the project.
The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow
run off from the existing roads adjacent to the project to flow through the project to the outfall route.
The outfall route shall be designed to accept these additional flows.
Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code
development standard that permits vehicular overhang to lessen the amount of pavement and therefore
reduce impervious area.
The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or
curb shall be a minimum of 50% pervious.
F. Flat roof prohibition.
Flat roofs shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and
H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated
architectural elements which create and provide for an articulated roof line.
G. Project Phasing.
The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment
is likely to be realized over a number of phases which will likely include the retention of one or more
existing buildings and their associated improvements between phases.
H. Preserve.
The minimum required native vegetation for this site is 44 native trees (for the previously developed
portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing
0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape
buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the
time of review and approval of the first SDP.
I. Parking Space Requirements and Restrictions.
March 25, 2009 Page 7 of 18
Packet Page -1098-
12/13/2011 Item 16.A.6.
The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There
shall be no additional parking requirements for the additional uses. The maximum number of vehicular
parking spaces, exclusive of loading and drop -off parking areas shall be 500. Should Tract B and Traci-,.
A be in the same ownership, then the permitted parking intensity for the combined Tracts shall b
aggregated.
J. Hours of Operation Restrictions:
1. Child care and School:
2. Adult care:
3. Non - worship use of the facilities:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may be
exceeded until 9:30 p.m. up to 4 times per month for
accommodation of special functions.
between 6:30 am and 8:30 pm.
between 7:30 am and 10:30 pm.
DEVELOPMENT STANDARDS FOR TRACT B
Together with the text that follows are the development standards for land uses within Tract B of this
CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the site development plan (SDP).
March 25, 2009 Page 8 of 18
Packet Page -1099-
ibi
PRINCIPAL USES
ACCESSORY
USES
MINIMUM LOT AREA
1.9t acres
N/A
MINIMUM LOT WIDTH
236 ft.
N/A
MINIMUM YARDS
Front
Existing
The greater of 30 ft. or the zoned height of
SPS
structure.
SPS
Expanded buildings (7)
50 ft. for expanded portion
SPS
New structures
50 ft.
Side
SPS
Existing
20 ft.
New structures
30 ft.
MIN. DISTANCE BETWEEN
The greater of 15 ft. or % the sum of the
SPS
STRUCTURES
zoned building heights
MAXIMUM ZONED HEIGHT
35 ft
35 ft.
MAXIMUM ACTUAL HEIGHT
45 ft.
45 ft.
MAXIMUM NUMBER OF STORIES
2(3)
2
MINIMUM FLOOR AREA
2,500 sq. ft.
400 sq. ft.
March 25, 2009 Page 8 of 18
Packet Page -1099-
ibi
12/13/2011 Item 16.A.6.
MAXIMUM SQUARE FOOTAGE
House of Worship (5)
5,600 sq. ft.
Accessory Uses and Circulation/
10,400 sq. ft. (of
Maintenance /Storage
which a maximum
2,000 sq. ft. may be
circulation and
storage)
SPS= Same as Principal Structure
(1) Includes the vertical distance between the finished floor elevation and the average center line
elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.
c2> Maximum actual height may be exceeded by up to 7 feet by one non - occupiable building
element, such as a steeple, cupola, or religious symbol. The maximum combined square footage
of such building elements shall be 2,000 sf.
(3) Exclusive of mezzanines, loft areas and attic or attic storage areas.
(4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated.
(5) House of worship square footage not utilized shall be available for accessory uses.
(6) The maximum square footage of any individual room shall be less than the square footage of the
house of worship.
.-� (7) Expansions which add square footage to any existing individual building are limited to
cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A
signed and sealed survey of the existing building(s) proposed for expansion and an additional
exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed
and all prior expansions since the date of PUD approval, shall be submitted with the associated
SDPA and building permit applications.
(S) If Tract B and Tract A are owned or controlled or developed by the same person or entity, then
the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the
CFPUD, including Tract B, provided, however, that the total square- footage of all structures on
Tract B do not exceed 16,000 square -feet and the maximum permitted heights for Tract B are
maintained. Additionally, the Music and Hours of Operation for Tract B shall still apply.
{9� If Tract B and Tract A are owned or controlled or developed b the
p y same person or entity, there
will be no direct access to or from West Street.
A. Buffers
1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently
with the redevelopment improvements in their proximity. All right -of -way perimeter landscape
buffers shall be installed with the first SDP for a new permanent building on Tract B.
2. All required buffer trees along Ridge Drive and West Street shall be Quercus virginiana.
March 25, 2009 Page 9 of 18
Packet Page -1100-
12/13/2011 Item 16.A.6.
3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and
maintained to a minimum height of 6 feet.
4. There shall be no surface water management use within the perimeter buffers.
B. Parking Lot Lighting
Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and
their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress -
egress drives. Bollards shall have a maximum height of 48 inches.
C. Existing Ingress — Egress Driveways
Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the
site is redeveloped. The two restricted one -way access driveways serving Tract B shall be removed with
the reconstruction, removal, replacement or demolition of the existing buildings. Thereafter, the ingress -
egress to the Tract will be via shared driveways located within Tract A.
D. Open Space
The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than
4.8facres] as open space. Open space includes but is not limited to landscape buffers, interior
landscaping, building foundation landscaping, dry water management areas and lakes.
At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the
gross project area [i.e. not less than 6.3f acres] as open space. Build -out, relative to this provision, shalom
be the time when 80,000 square feet of structures exist within Tract A.
Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping
and building foundation planting areas. These and any other landscaped and open space areas shall
contribute to the overall open space requirement of the CFPUD. The minimum open space requirement
for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space
requirement shall be 20% of the gross area of Tract B.
E. Water Management
The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD
Master Plan. The project shall provide the greater of (1) the capacity required by water management
design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the
capacity required by water management design standards at the time that development order approval is
sought. Capacity may be met, in part, with dry water management areas.
The surface water management system shall be designed such that no surface water runoff or discharge
is directed towards or into the Pine Ridge surface water management system including adjacent roadside
swales to the north, east and south.
The surface water management system shall be a zero discharge system or the discharge shall be routed
through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami
Trail North (SR45) and then Pelican Bay ultimately to the Gulf of Mexico.
March 25, 2009 Page 10 of 18
Packet Page -1101-
12/13/2011 Item 16.A.6.
Water management areas required for the existing facilities that are to remain, including those within
Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be
located outside of the Tract A management containment berm provided that compensating water
management areas for the acreage have been provided. Tract B shall be integrated into the master water
management system if and when Tract B is redeveloped.
Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water
management system shall at a minimum provide for the following non - cumulative development
standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious
area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire
project's impervious area) within dry water management areas and not less than 1.5 inches over the
entire project. The balance of the project's stormwater management capacity shall provide
compensatory water quality for the portion of West Street adjacent to the project.
The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow
run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall
be designed to accept these additional flows.
Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code
development standard that permits vehicular overhang to lessen the amount of pavement and therefore
reduce impervious area.
F. Flat roof prohibition.
Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for
secondary roof areas when hidden from view by the use of articulated architectural elements which
create and provide for an articulated roof line.
G. Project Phasing.
It is understood that the redevelopment may be realized over a number of phases and may include the
retention of the existing buildings and associated improvements between phases.
H. Parking Space Requirements and Restrictions.
The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There
shall be no additional parking requirements for the additional uses. The maximum number of vehicular
parking spaces, exclusive of loading and drop -off parking areas shall be 100. Should both Tract B and
Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be
aggregated.
1. Hours of Operation Restrictions:
1. Child care and School:
2. Adult care:
^ 3. Non worship use of the facilities:
4. Worship
March 25, 2009
between 6:30 am and 6:30 pm, Monday through Friday;
for operational hours. Normal operational hours may be
exceeded until 9:30 p.m. up to 4 times per month for
accommodation of special functions.
between 6:30 am and 8:30 pm.
between 7:30 am and 10:30 pm.
between 6:30 a.m. and 10:30 p.m. Normal operational
hours may be exceeded up to 2 times per month for the
Packet Page -1102-
Page 1 l of 18
12/13/2011 Item 16.A.6.
accommodation of special functions.
5. Music Outdoor music is prohibited; and indoor music shall only
be allowed when windows and doors are closed. Theme
shall be no live, recorded or amplified music of any kin
prior to 8 a.m. or after 9:30 p.m. The limitation on the time
for live, recorded or amplified music may be exceeded up
to two times per month for accommodation of special
worship functions.
March 25, 2009 Page 12 of 18
Packet Page -1103-
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12/13/2011 Item 16.A.6.
EXHIBIT D
LEGAL DESCRIPTION
(TRACT A)
FOLIO NUMBERS: 67285160009, 67285280002, 67285360003, 67285320001
LOTS 1 -7 AND 10 -13, BLOCK "O ", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
LEGAL DESCRIPTION
(TRACT B)
FOLIO 67285400002
LOTS 8 AND 9, BLOCK O, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
March 25, 2009 Page 14 of 18
Packet Page -1105-
12/13/2011 Item 16.A.6.
EXHIBIT E
I-" LIST OF REQUESTED DEVIATIONS FROM LDC
(TRACT
1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
requires sidewalks within road right -of -way; except that sidewalks shall be provided along Trail
Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress- egress
driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks
along the balance of the abutting right -of -way. The developer shall also construct one sidewalk
extension from the central building campus across Trail Boulevard to the pavement along US 41 to
provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan.
2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made
lakes and water management areas through the use of curvilinear edges; to permit accomplishment of
the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour.
3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of
the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100%
utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of
the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and,
that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade
trees.
4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway
connections must be provided from the building to adjacent road pathways at a ratio of one for each
vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway
on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two
(2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the
locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one
side of the drive aisle.
Deviation #5 seeks relief from LDC Subsection 4.06.0l.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere within
the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer
would not be required and therefore this deviation request would not be applicable.
6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the
requirement for a nonresidential development located opposite a residentially zoned district to provide a
four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the
rear of the right -of -way landscape buffer line.
March 25, 2009 Page 15 of 18
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12/13/2011 Item 16.A.6.
(TRACT B)
1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
require sidewalks within abutting rights -of -way. The property owner shall make a payment in -lieu of
providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP
for a new permanent building.
2. Deviation 92 seeks relief from LDC Subsection 4.06.0l.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere
within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the
buffer would not be required and therefore this deviation request would not be applicable.
3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the
requirement for a nonresidential development located opposite a residentially zoned district to provide a
four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the
rear of the right -of -way landscape buffer line.
n
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12/13/2011 Item 16.A.6.
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new lake(s) and associated dry water management
areas;
b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water
management areas;
c. the re- grading of the right -of -way green space between the CFPUD boundary and edge of
pavement of the four adjacent roadways to enhance storm water management for these roadway
areas.
2. The minimum throat length as measured from the roadway edge of payment to the internal parking
area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3. For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider as directed by Collier County staff, with staffing and at
location(s) as directed by the Collier County Transportation Administrator or his designee.
4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The
Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle
Road access shall be closed at dusk.
5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be
constructed concurrently by the property owner with the initial redevelopment phase of
development.
6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire
CFPUD), and the total number of students /individuals enrolled in Child/Adult Day Care / Pre -
K/Kindergarten / School, limited to I" through 3rd, within Tract A shall be limited to 60 persons
unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (I 10 for the
entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a
traffic study, based in part on actual traffic counts, is provided to and confirmed by the County,
demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will
be taken during the first quarter of a calendar year to more accurately portray peak season loading
measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West
Street.
One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day
Care/Pre- K/Kindergarten/School limited to 1 S` through 3rd for the entire CFPUD ( "the base ") is
reached, a supplemental traffic study will be done to determine the trips originating or leaving the
CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be
taken during the first quarter of a calendar year to more accurately portray peak season loading and
March 25, 2009 Page 17 of 18
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12/13/2011 Item 16.A.6.
will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridge
Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be
utilized by the County to determine if additional improvements to minimize impact to tb—,
neighborhood are appropriate and should be required to address the existing uses and as a conditic,
of approval for the additional seating capacity of 347 and/or the additional 110 students /individuals.
The additional traffic improvements may include traffic calming measures.
The traffic counts required as part of the required PUD monitoring report shall be done during the
first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding
paragraph.
7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering
attached as Exhibit H.
(TRACT B)
1. For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider shall be as directed by Collier County staff, with staffing and
at location(s) as directed by the Collier County Transportation administrator or his designee.
2. A payment -in- lieu -of contribution shall be made by the property owner to the County for otherwis^
required sidewalks within abutting right -of -way to Tract B prior to issuance of the first Site
Development Plan for a new permanent building on Tract B.
3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A.
March 25, 2009 Page 18 of 18
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12/13/2011 Item 16.A.6.
Adjacent Average Centerline Road Elevation
Front Elevation
Adjacent Average Centerline Road Elevation
Rear Elevation
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EXHIBIT G Q. GRADY MINOR &ASSOCIATES, P.A,
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SCALE: V-30 FILENAME: Exhibit G ...•... .. .�..... •'.. .., .. •`-• •. ^... .
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12/13/2011 Item 16.A.6.
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BLE BUILDING ELEMENTS
:LEV. = 52' -0"
CTUAL HEIGHT FROM
_NTERLINE ELEVATION
BUTTING ROAD
:LEV. = 45' -0"
M ZONED HEIGHT
'OINT OF ROOF)
LEV. = 35' -0"
FLOOR HEIGHT
ELEV. = 0'-0'
AVERAGE CENTERLINE ELEVATION
OF ABUTTING ROAD
APPROX. ELEV. =-4' -0"
A GRAPHIC EXAMPLE OF "TRACT B" -
MAXIMUMS DEPICTED
"CONCEPTUAL ONLY"
A Graphic Example of 'Tract B" n
Florida Community Bank = A R CHI T • ROSAS
Collier County, Florida - 3200 9TH ST. NORTH (239) 263-4201
SUITE A300 FAX (239) 263 -1451
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DATE: February 18, 2OD9 -_... _ NAPLES. FLORIDA 34103
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12/13/2011 Item 16.A.6.
EXHIBIT I
CONDITIONS OF APPROVAL
March 27, 2009
1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with
the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by
Planning Development Incorporated, consisting of one sheet, dated November 25,
2008, as revised through March 24, 2009, except as conditioned.
2. The access points located on West Street and Ridge Drive, depicted on Tract B of the
Master Plan, shall close when this tract redevelops.
3. The required 0.12 -acre re- created preserve shall meet County preserve requirements
and shall recreate the habitat that previously existed on -site (pine flatwoods), including
all three vegetative strata.
4. A landscape planting plan shall be submitted for review and approval at the time of the
first SDP for each of the tracts.
S. The property owners shall provide, or shall pay the County to provide, a bus shelter at
the existing Collier Area Transit stop located adjacent to US 41, which is located at the
stub -out in the median separating Trail Boulevard and US 41 as depicted on the
Master Plan. This bus shelter is required to be constructed when development reaches
a one percent or greater impact on US -41, or as a stipulation of Phase Two
improvements, whichever occurs first.
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12/13/2011 Item 16.A.6.
STATE OF FLORIDA)
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COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for thy--:
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Twentieth Judicial Circuit, Collier County, Florida,
hereby certify that the foregoing is a true and correco5, -.
copy of:
ORDINANCE 2009 -15
Which was adopted by the Board of County Commissioners
on the 24th day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of March, 2009.
DWIGHT E. BROCK
Clerk of Courts ar�d.,..Clek
Ex- officio. to Beard, of-
County Commissioners
C�\Byj: Teresa WPolaskj-'.
Deputy Clerk
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August 11, 2011
Richard D. Yovanovich
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
RE: PUD Minor Change, Heavenly CFPUD for
PMC- PL2011 -872
Dear Mr. Yovanovich:
This letter is in response to your ann. _lication acce
approval of minor refinements to t ted Heaver
#09 -15) Master Concept Plan pursu ion 10.
(LDC).
The proposed cf.
Item A: Buffers
Additionally,
Myrtle Road
in
12/13/2011 Item 16.A.6.
Church of Naples,
6, 2011 see administrative
mity Faciliti!NUD (Ordinance
of the Land Development Code
Standards for Tract A,
30 feet inward (away from the street) from
i FPL line along West Street.
6stead of Live Oak trees between the lake
trees instead of Royal Palms (Roystonia regia) along
'from the sidewalk provision the area along that portion of
and the project ingress - egress driveway to Myrtle Road.
In support of these reque pplication includes a December 23, 2010 letter from Landscape
Architectural Design, Inc. Waa M arch 15, 2011 letter from Al Jones representing the Pine Ridge
Civic Association, representing the residents of Pine Ridge subdivision.
The changes approved to Ordinance 09 -15 are shown in a strike -thru and underline format
below:
Exhibit B. Development Standards for Tract A, Item A: Buffers:
Page 1 of 3
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12/13/2011 Item 16.A.6.
Letter to Richard Yovanovich
RE. Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC- PL2011 -872
August 11, 2011
2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus
virginiana,and/or Bucida buceras provided in 65 Gallon containers at 14 in feet height and are to
be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus
virginiana /Bucida buceras is are te- be -plafAed W 10 f °` f em the "°n+°' "n° e f the
are speeifieally not to be planted within
the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer- trees shall be
3. * * * * * * * * * * * * * * **
The petitj vide er ' ' ted revised 4/25/11 that depicts the changes
Deviation #1 s ;relief from C Section 6.06.02.A, Sidewalk and Bike Lane Requirements,
which requires si ,L relief
d right -of -way; except that sidewalks shall be provided along
Trail Boulevard'' --f .14--,-Ale Read bet-iwen Trail Beulevafd and the i3r-ei
The property owner shall make a payment in lieu of
providing the sidewalks a � e balance of the abutting right -of -way and that portion of Myrtle
Road between Trail Boulevard and the nroiect ingress- egress driveway to Myrtle Road. The
developer shall also construct one sidewalk extension from the central building campus across
Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as
conceptually depicted on the CFPUD Master Plan.
Page 2 of 3
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Page 2 of 3
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12/13/2011 Item 16.A.6.
Letter to Richard Yovanovich
RE: Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC- PL2011 -872
August 11, 2011
W.,
r-YMMUEPROV. ..
• f
-
• -
Please be advised that the information presented in this letter is based on the Collier County
Land Development Code and/or Growth Management Plan in effect as of this date. It is possible
that subsequent amendment(s) to any of these documents could affect the validity of this
verification letter. It is also possible that development of the subject property could be affected
by other issues not addressed in this letter, such as, but not limited to, concurrency related to the
provision of adequate public facilities, environmental imp- d other requirements of the
Collier County Land Development Code or related ordin
Approval of this application was co action o ,Board of County Commissioners on
September 13, 2011. A copy of this e e attach Master Concept Plan will be
filed with the adopted PUD documen Yo wish t e this letter and the attached
Master Concept Plan rem - bi6in the offi recor flier ;ty as a permanent record of
this administrative a
t
If you need further i tion or istance, a contact me at 239 - 252 -2931 or via email at
KayDeselem colliergov. ,
Resear nd pre 'eviewed by:
Kay Deselem, ®, Principal er Raymond V. Bellows, Zoning Manager
Land Develop me ice De ent Land Development Service Department
Attachment: Revised Mas oncept Plan for Heavenly CFPUD, dated April 25, 2011.
cc: Laurie Beard, PUD monitoring
Mike Sawyer, Project Manager, Zoning
PUD file
Page 2 of 3
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