Backup Documents 05/14/2013 Item #17ACOLLIER COUNTY FLORIDA
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 /Planning & Zoning Person: Fred Reischl Senior Planner
Date: April 18, 2013
Petition No. (If none, give a brief description): PUDA- PL20120001104
17A
Petitioner: (Name & Address): Coleman, Yovanovich & Koester, P.A.; 4001 Tamiami Trail north, Suite 300; Naples, FL 34103
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: 05/14/2013 (Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News Account #068779 Other
Purchase Order No. 4500140024
Proposed text: (include legal description & common locations & size: Legal Section
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? x Yes
131 - 138326 - 649100 -00000
Reviewed By:
Date:
Division Administrator or Designee
List Attachments:
Legally Required
Non -Legal Section
No. If yes, what account should be charged for advertising costs:
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.
B. FOR CLERK'S OFFICE
Date Received 4-49dz Date of Public Hearing Date Advertised
17A
Ann P. Jenneiohn
From: ReischlFred <FredReischl @colliergov.net>
Sent: Thursday, April 18, 2013 9:41 AM
To: Minutes and Records
Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells,
Laura
Subject: PUDA- PL20120001104 The Heavenly PUD
Attachments: BCC Ad.docx
Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for
approval prior to processing.
Thanks!
-Fred
Fred Reischl, AICP
Senior Planner
Planning & Zoning Department
Phone: 239 - 252 -4211
Fax: 239 - 252 -2834
Under Flordla L e.=, mail adid",_,s e s are ojbk :e. irds, ff you do na', wa, nit y:iJ." r,, ii,;I +.<,A !,ss rele a�-e'd in "f ss:. ?i t., to a p b kc , .£ 3 -o negq .,, i_ C .� i %, .. a d
r._aii to „2.'s c,,, this .,.,.. by telephone (, n riNng,_
1
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, May 14, 2013 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:
An Ordinance amending Ordinance Number 2009 -15, The Heavenly PUD, to revise the accessory uses to increase the
maximum grade level for a school from third grade to eighth grade; and to replace all references to third grade with eighth
grade in the developer commitments for property located in Section 3, Township 49 South, Range 25 East, Collier County,
Florida consisting of 15.93± acres; and by providing an effective date.
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 5 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
Department, 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
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
CLERK OF THE
Dwight E. Brock COLLIER CO
Clerk of Courts 3315 TAMIAMI TRL E STE 102
NAPLES, FLORIDA
34112 -5324
April 18, 2013
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
4J"
of Collier
THE, COURT
UI Y C016fTHOUSE
' P.O. BOX 413044
`.6 f
'NAPLES, FLORIDA
34101 -3044
RE: PUDA- PL20120001104, the Heavenly PUD
Dear Petitioner:
17A 4
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners Tuesday, May 14, 2013, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, April 24, 2013.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkkcollierclerk.com
17A
Acct #068779
April 18, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amends Ordinance 2009 -15
Dear Legals:
Please advertise the above referenced notice on Wednesday, April 24, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500140024
17A 4
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners 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:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY
PUD, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM
GRADE LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE;
AND TO REPLACE ALL REFERENCES TO THIRD GRADE WITH EIGHTH
GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN
SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are 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 administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an 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 material
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 material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure 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 Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners, Office.
17A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17A
Ann P. Jenneiohn
To: legals @naplesnews.com
Subject: Amends Ordinance 2009 -15
Attachments: Amending 2009- 15.doc; Amending 2009- 15.doc
Hi there,
Please advertise the attached on Wednesday, April 24, 2013.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Friday, April 19, 2013 12:59 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UASEA14jpg
Hi Ann!
Please provide approval ASAP for publication on 04.24.13.
Thanks! Enjoy your weekendlll
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read.Learn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
04/19/13
Publication
NDN
Account Number
744102
Ad Number
1986929
Total Ad Cost
$243.90
1
17A
17A
THE HEAVENLY PUD
PUDA-PL20120001104
NOTICE Of INTENT TO CONSIDER ORDINANCE
Nonce is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier county Gow!rnment Center, 3299 Tamiarni Trail
East, Naples, Florida, the Board of County Commissioners will, 411sidet the
enactment of a, County ordinance.. The rneeting will commence at 910 A.M The
title of the proposed 6rdinance is W fOIIO%A-.:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2009.15, THE HEAVENLY PUD,
TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FOR
A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE .AND TO REPLACE ALL
REFERENCES To 1111RD GRADE WITH EIGHTH GRADE IN THE DEVELOPER
COMMITMENTS FOR PROPERTY LOCA17ED IN SECTION 3, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING Of 15.93± ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard
NOTE. All persons vvishing to speak on v�
any agenda item must register with the
CoUnly administrator prior to presentatir)n O�Tlje agenda Iteir to be addressed
individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for i 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 material intended to be considered by the
board shall be submitted to the appropriate County staff a minimum of seven days
rior to the Public hearing, All material used in presentations before the Board will
ecorne a permanent part of the record
:Any person who decides to appeal a decision of the Board will n",d a record of the
proceedings pertaining thereto and therefore, may need to ensure 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 en-tided, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tarniami Trail East, Suite !1101 '. Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, [50, CHAIRWOMAN
DVV!,GHT V. BROCK CLERK
By: Ann Jenriejohn, De-pity Clerk
17A
Ann P. Jennejohn
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Monday, April 22, 2013 8:27 AM
To: Ann P. Jennejohn
Cc: Bonham, Gail; Ashton, Heidi
Subject: RE: Ad Confirmation PUDA- PL20120001104; Heavenly PUD
Ann:
Gail confirmed that the title was correct. Still have not received OK from Heidi but since the title is correct and
the ad contains the other required language, I will go ahead and approve. I was not copied on this ad request, could
you email me a copy ? ??
Thank you, Ann.
Dinny
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn@collierclerk.com]
Sent: Monday, April 22, 2013 8:20 AM
To: ReischlFred; NeetVirginia; RodriguezWanda
Subject: Ad Confirmation PUDA- PL20120001104; Heavenly PUD
Good Morning,
If I don't send an "O.K." to NON for the Heavenly PUD notice by
9 :00 a.m. this morning, it won't be published on Wednesday.
Can someone please look it over quickly and let me know if it's O.K. to run?
Thank you :)
Ann
- - - -- Original Message---- -
From: Ann P. Jennejohn
Sent: Friday, April 19, 2013 1 :23 PM
To: Reischl, Fred
Cc: Neet, Virginia; Rodriguez, Wanda
Subject: FW: Ad Confirmation
Hi there,
Attached is the notice for PUDA- PL20120001104; the Heavenly PUD, scheduled for publication April 24 for the
May 14 BCC Meeting.
Please review and let me know if it meets your approval a.s.a.p.
Thank you!
n _1,
tVn.�� v�.,_� 17 A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd flooi
Administration Building, Collier County Government Center, 3299 Tamiami Tra
East Naples, Florida, the Board of. County Commissioners will consider th
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Th
title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY PUC
TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FO'
A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE AL
REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPEi
COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTF
RANGE 25 EAST, COW COUNTY, FLORIDA CONSISTING OF 15.934 ACRES; ANI
BY PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and ar
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 th
CountMyy administrator Pryor to presentation of the agenda item to be addressec
rIndividual speakers will be limited to 3 minutes on any item. The selection of a
ecognize to speak on behalf of an organization or group is encouraged,
recognized by the Chairman, a spokesperson for a group or organization may b
allotted 10 minutes to speak on an item.
Persons wishing to,have written or graphic materials included in the Board agend
packets must submit said material a minimum of 3 weeks prior to the r ectiv
Public hearing. In any case, written material intended to be considered th
Board shall be submitted to the appropriate County staff a minimum of seven da)
prior to the public hearing. All material used in presentations before the Board wi
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of th
Praeedinys Pertaining thereto and therefore, may need to ensure a verbaltr
record of the ,proceedings is made, which record includes the tesfiln an
evidence upon which the appeal is based. bh7
If you are a person with a disability who needs any accommodation in order 't
of rtcertain in assistance.c Please you ontact the�Coll lr no Cour�ptivt Fa illLes Manarovlse
Flo�ridam34 12,,(239) 2528380.T IStad Irntenng devices for the a iln 'I
are available in the County Commissioners' Office. hearing . mpaire
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHTE. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
enril a 201:1
N 7 OT
17A
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, April 24, 2013 9:29 AM
To: Teresa L. Cannon
Subject: RE: Ads that ran in todays paper
Hi Teresa,
Per our conversation, I will be re- running these three ads on Friday, April 26, at no charge. I will change the date at the
bottom left of the ad from April 24 to April 26, again per our discussion. The affidavits for the 24th will include the
billing.
in that regard, since each revised ad will be issued a new ad number, I will send you the revised for approval.
THANKS!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 ( cpolidora(c)naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213 -6000
From: Teresa L. Cannon [mailto: Teresa . Cannon (�bcolIierclerk.com]
Sent: Wednesday, April 24, 2013 8:36 AM
To: Legals NDN; Polidora, Carol
Subject: Ads that ran in todays paper
Hi Carol,
We had three ads that ran today and all three had words cut off due to the location in the paper (on the edge). The
County Attorney's Office is having a big problem with this and wants them to be re ran again at no charge.
Either Saturday or Sunday would be sufficient time. Please let me know what can be done about this issue.
Ad #: 198692, #198638 and 198639
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.
1
17A
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, April 24, 2013 9:36 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UAS611Ajpg
Teresa,
Please provide approval ASAP for publication on 04.26.13. This ad ( #1987290) is the revision to Ad #1986929.
Unfortunately, I was unable to add an another run date to the original ad since it only had one date and was already
closed.
You will note below the $0.00 charge for this ad.
Thank you!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
04/24/13
Publication
NDN
Account Number
744102
Ad Number
1987290
Total Ad Cost
$0.00
1
" ! CONSIDER
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor,
Administration ryrrldin, , C llier County, Government Center, 32919 � arniarni Trail
East. Naples, Florida, she Board of County Commissioners will consider the
,enactment of a County Ordinance. The rnee,6ng will c rntren e at 9:00 A,M. The
title of the proposed Ordinance is as foil % =
AN ORDINANCE AMENDING ORDINANCE. NUMBER 2009-1. TIE HEAVENLY PUD.
TO RE I E THE ACCESSORY USES TO INCREASE THE MAXIMUM M GR DE LEVEL FOR
A SCHOOL FROM THIRD GRADE TO EIGHTH GRADF AND TO REPLACE ALL
REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER
COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3 TOWNSHIP 49 SOUTH,
RANGE 2S EAST, COLLIER COUNTIYt FLORIDA CONSISTING OF i a 3- ACRES; AND
BY PROVIDING N EFFECTIVE DATE.
Copies of the proposed Ordinance are on, file with the Clergy: to the Board and are
available for rr spo tron, All ir�teteste parties are invited to attend and b=- heard
NOTE, All persons ,visl inn to speak on any agenda item must register with the
Count administrator ,ricer to presentation of the agenda item tb be addressed_
individual spea be limited o 3 minutes on any item.: The selection of are
individual to s ea on behalf of an organization or group is encouraged. If
.rec grrized t o Chairman, a spokesperson f or a group or or ani ati'an may be
allotted 10 minutes to speak on an item.
Peer ons wishing to have written or graphic materials included in the Board agenda
packets nest submit said material a r mimurn of 3 weeks prior to the respective
%lic hearing In any ease, written material intended to he considered by the
board shall be submitted to the approrwirtate County staff a mininiu m of seven days
�riot -(o tl9e public bearing. ' ll 'materralused in presentations before the Roar{ W ll
er-omea permanent part of the retard.
Any Iverson who de- ides to appeal a deg ision of the Bard will need a record of the
proceedings pertaininT thereto and therefore, may need t ensure a verbatim
re card of the pr tee ins is made,_ ,%rhich record includes � � testimony and
evidence upon whkch the appeal is based..
if you are a person w1fli a disability who needs any acc mmoclati n in order to
participate in this pr+ �eedin , you are entitled, at no cost to you, to th:e pr visi n
of certain assistance. Please -contact the Collier County Facilities Management
Department, located at 35 Tam amf Trail Last, Suite 1001, Building W1, Naples,
Florida 34 i 12, (239) 252 -080. Assisted listening devices for the gearing impaired'
are available in the Coon -, Corer- nissioners' Office.
BOARD OF COUNFFY COMMISSIONERS
COLLIER COUNTY, PL RI ,
GEORGIA A. HILLER. ES CHAIRWOMAN
V(GHT E, BROCK, CLERK
By: Ann Jermejohn, Deputy Clerk
(SEAL)
April 26. 2013 No. 1987290
Naples Dail News 7 A
P Y
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------------ - - - - --
BCC /ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068779
59718301 NOTICE OF INTENT
State of Florida
Counties of Collier and Lee
Before the undersigned authority, pers
appeared Amy Davidson, says that she see'
Inside Sales Supervisor, of the Naples
a daily newspaper published at Naples,
County, Florida: distributed in Collier;
and Lee counties of Florida; that the at
copy of advertising was published in sai
newspaper on dates listed.
Affiant further says that the said Nar-
News is a newspaper published at Naples,
Collier County, Florida, and that the s
newspaper has heretofore been continuou
day and has been entered as second clas
matter at the post office in Naples, in
Collier County, Florida, for a period of
next preceding the first publication of
attached copy of advertisement; and aff'
further says that he has neither paid n
promised any person, firm or corporatio
discount, rebate, commission or refund t.
purpose of securing this advertisement f,
publication in the said newspaper.
PUBLISHED ON: 04/26
AD SPACE: 80 LINE
FILED ON: 04/26/13
I
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 Tamiami Trail
East, Naples, Florida, the Board of County Commissioners 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:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY KID,
TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE ' OR
A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE,- AND TO ALL
REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER
COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COWER COUNTY, FLORIDA CONSISTING•OF 15.934 ACRES; AND
BY PROVIDING AN EFFECTIVE DATE,
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All Interested parties are invited to attend and be heard.
NOTE;; All persons wishing to speak on any agenda item just register with the
County administrator odor to presentation of the agenda Itam to be addressed.
Individual speakers will be limited to 3 minutes on any, item. The selection of an
individual to speak on behilf 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 _tolhe r active
public hearing. In any else, written material intended;to be considered1y the
Board shall be submitted jo the app' ropriate, County staff 'a minimum of seven days
prior to the public' hearing. All mateial used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the board will need if naGord of the
proceedings pertaining thereto and therefore, may need to enwre a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon whichthe appeal is based.
If you are a person with a disability who needs any actcmhtodation•ln order to
participate in this proceeding; you are entitled, at no cost to you, to the provisjon
of certain assistance. Please contact the' Collier ,County Facilities Monagement
Department, located at 3335 Tamiami Trail East, Suite Ii10i, Building W,, Naples,
Florida 34112, (239) 252 - 8380. Assisted listening . devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: (SEAnn AL)
Jennejohn, Deputy Clerk
Aa61 26.'2013 , :_ Nn_1987291)
-------------------------------------------------- +------------------ - - - - --
Signature of Affiant
Sworn to and Subscrib
Personally known by m
OAROL PODU0
�,qY COkIlOSSION r EE 851 ?58
EXPIRES: November 28, 2014
Bonded Thru Plrhard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A
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 County Attorney Office
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 #I through 42 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature_ draw a line through routine lines # 1 through #2. complete the checklist, and forward to the County Attomev Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriat e.
(Initial)
Applicable)
2.
May 14, 2013
Agenda Item Number
17.A
3. County Attorney Office
County Attorney Office]
FR
4. BCC Office
Board of County
Commissioners
Number of Original
S / 7 /3
5. Minutes and Records
Clerk of Court's Office
Documents Attached
/n /13
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
Fred Reischl, Planning & Zoning
Phone Number
252 -4211
Contact / Department
appropriat e.
(Initial)
Applicable)
Agenda Date Item was
May 14, 2013
Agenda Item Number
17.A
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
FR
Type of Document
Ordinance ` t _ 5 1
Number of Original
1
Attached
�Cr�v�u� CF�u"�
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
FR
INSTRUCTIONS & CHECKLIST
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
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriat e.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
FR
2.
Does the document need to be sent to another agency for additional signatures? If yes,
FR
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
FR
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 Attorney's
FR
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
FR
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
FR
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
FR
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 5/14/13 (enter date) and all changes
FR
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 t
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
17A N
ORDINANCE NO. 13-.31
AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE
HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO
INCREASE THE MAXIMUM GRADE LEVEL FOR A SCHOOL FROM
THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE ALL
REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE
DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN
SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 15.93± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Covenant Presbyterian Church of Naples, Inc. and Florida Community
Bank, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester,
P.A., has petitioned the Board of County Commissioners to revise the Heavenly PUD.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO EXHIBIT "A ", LIST OF PERMTTED USES OF
ORDINANCE NO. 2009 -15.
Exhibit "A ", the List of Permitted Uses of Ordinance No. 2009 -15, is hereby amended
and replaced with Exhibit "A" attached hereto.
SECTION TWO: AMENDMENT TO EXHIBIT "F", LIST OF DEVELOPER COMMITMENTS
OF ORDINANCE NO. 2009 -15.
Exhibit "F ", the List of Developer Commitments of Ordinance No. 2009 -15, is hereby
amended and replaced with Exhibit "F" attached hereto.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
Heavenly PUDA / PUDA- PL20120001104 Page 1 of 2
Rev. 4/09/13
17 A '. F
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this 1 day of 52013.
ATTEST.., {+`
DWIGH? . p(,t.CLERK
I
Approv d as to form and legal sufficiency:
&A
Heidi Ashton -Cicko
Managing Assistant County Attorney
Ice]
F COUNTY COMMISSIONERS
COUNTY, FLORIDA
Attachments: Exhibit A — List of Permitted Uses
Exhibit F — List of Developer Commitments
CP \12 -CPS - 01170\21
Heavenly PUDA / PUDA- PL20120001104 Page 2 of 2
Rev. 4/09/13
ETA A. HILLER, ESQ.
Chairwoman
LWIN
2
EXHIBIT A
(TRACT A)
PERMITTED USES:
17A
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. A house of worship with a maximum seating capacity of 1,000 individuals. See Exhibit F,
Tract A, Commitment Number 6).
B. Accessory Uses:
1. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social /Meeting and Activity Center
3. Administrative Offices
4. Child /Adult Day Care / Pre- K/Kindergarten / School, limited to 1St through 8th P; with no
more than a combined cumulative total of 220 students /individuals enrolled /attending for the
entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual
agreement of the Tract A and B owners [if in different ownership] provided the total number
of students /individuals for the entire CFPUD does not exceed 220.
5. Non - commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market ",
"community market ", direct marketing outlet or "farmers' market ", are not accessory uses
associated with the permitted principal uses and structures.
C. Temporary Uses:
1. Temporary building structures may be utilized to accommodate existing uses in the initial
redevelopment construction transition period. Such uses shall not begin until after the
property owner applies for a building permit for the first new permanent building and the
maximum period of use of such temporary building(s) shall be for a period of 27 months,
after the building permit is issued for the first new permanent building. Any such building(s)
shall meet CFPUD setbacks requirements for new structures.
Heavenly PUD \PUDA- PL20120001104 1 of 2
Rev. 8/23/12 Words struck h are deleted; words underlined are added.
CP S .
(TRACT B)
PERMITTED USES:
17A PP
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. House(s) of worship with a maximum seating capacity of 200 individuals.
B. Accessory Uses:
1. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social /Meeting and Activity Center
3. Administrative Offices
4. Child/Adult Day Care / Pre- K/Kindergarten / School, limited to 1St through 8th 3fd; with no
more than a combined cumulative total of 220 students /individuals enrolled for the entire
CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual
agreement of the Tract A and B owners [if under different ownership] provided the total
number of students /individuals for the entire CFPUD does not exceed 220.
5. Non - commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market ",
"community market ", direct marketing outlet or "farmers' market ", are not accessory uses
associated with the permitted principal uses and structures.
Heavenly PUD \PUDA- PL20120001104 2 of 2
Rev. 8/23/12 Words stmek Offough are deleted; words underlined are added.
17 A C
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
1. The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new lake(s) and associated dry water management
areas;
b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water
management areas;
c. the re- grading of the right -of -way green space between the CFPUD boundary and edge of
pavement of the four adjacent roadways to enhance storm water management for these roadway
areas.
2. The minimum throat length as measured from the roadway edge of payment to the internal parking
area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3. For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider shall be as directed by Collier County staff, with staffing and
at location(s) as directed by the Collier County Transportation Administrator or his designee.
4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The
Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle
Road access shall be closed at dusk.
5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be
constructed concurrently by the property owner with the initial redevelopment phase of
development.
6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire
CFPUD), and the total number of students /individuals enrolled in Child /Adult Day Care / Pre -
K/Kindergarten / School, limited to 1St through 8th 3�d, 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.
Heavenly PUD \PUDA- PL20120001 104 1 of 2
Rev. 8/23/12 Words struek through are deleted; words underlined are added.
17A 1
One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child /Adult Day
Care /Pre- K/Kindergarten /School limited to 1St through 8th P for the entire CFPUD ( "the base ") is
reached, a supplemental traffic study will be done to determine the trips originating or leaving the
CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be
taken during the first quarter of a calendar year to more accurately portray peak season loading and
will include traffic counts at Ridge Drive and West Street and Myrtle Road and West Street, Ridge
Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be
utilized by the County to determine if additional improvements to minimize impact to the
neighborhood are appropriate and should be required to address the existing uses and as a condition
of approval for the additional seating capacity of 347 and/or the additional 110 students /individuals.
The additional traffic improvements may include traffic calming measures.
The traffic counts required as part of the required PUD monitoring report shall be done during the
first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding
paragraph.
7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering
Attached as Exhibit H.
(TRACT B)
For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved service provider shall be as directed by Collier County staff, with staffing and
at location(s) as directed by the Collier County Transportation administrator or his designee
2. A payment -in- lieu -of contribution shall be made by the property owner to the County for otherwise
required sidewalks within abutting right -of -way to Tract B prior to issuance of the first Site
Development Plan for a new permanent building on Tract B.
3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A.
Heavenly PUD\PUDA- PL20120001104 2 of 2
Rev. 8/23/12 Words stfuek through are deleted; words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -31
inn �".4
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013.
DWIGHT E. BROCK
Clerk of CourtrAnd••.0 te4k
Ex- officio tt��, -vo rd" of
County Commzz`'�a erg r ' -, +-
By. Martha Verga�';"
Deputy Clerk