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Backup Documents 06/28/2011 Item #17B178 ( OLLIL:R COUN "IY FLORIDA REQt. LS IOR LEGAL ADN ERTISING OF 1`11110 If FARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, June 3, 201 L, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zooing Services Section, 2800 North Horseshoe Drive, Naples, Florida 341114. **Y4 k**..Na k F I a I I X I#I. *kk f*x I1*k .+::, kkk *trAx*kxk,t*xkw k*k *i**4 *. # *I*I *k*kI ** ** ** I** k k A** F T k k k * * k orlginaong Dept, Div GNIDlZonine Pm,rn . Kas Deselem, Principal Planner Ditto- May 23, 2011 Petition No. PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church of Naples I'cti uoncr. 1'. IT) manuel E.%e ngelical I IIIII m Church ,,I Naples. Ina: c/o Tom Gemmer. 777 Mooring Line Drive; Naples, PL3410 Name S Addic,., of on) perxml >I 10 he widocd by Cletk, Oilice Robert I.. Duane, AICT: Ilolc Mornes, Inc.; 950 Encore Wav; Naples. IT X4110 and Richard D. Ymarimich, Esquire; Coleman, Yovanovieh & Koester. P.A.: Northern l rust Bank Building: 4001 Tamiann had North, Suite 300; Naples, FI. 31103 Ilsarinp hcoorc x R( 'C I Al D7;v NVA Other 12cyuestcd ] kitting dwr. Tuesday, .little 28, 2011 Bir ed on adcerl isemenl appearing 20 (lays before hearing. Nc"s paper(s) Io be used: 'Naples Dady :Nests Proposd rc>C See Attached Companion petition(,), it un2 & propuscd hearing dWC NIA Dues Petition I'c.: in 1uJe ads a ,one co l' S lea. Nn. If } e;, what necomv should be charged for advertising costs. Department: Land Development Services, Zoning Review section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Rc /eJieu cd hiff.'} Drvismi dnnni tr, m or [7csi Stec I At¢strmcm, Ordinance DISP1210U'IION INS' I' R1;('TIONS 1 _ t' f ,mot ? ItarF _ For hearings before RC(' or IS %.A: butiafiag person to complete one ropy and obtain Division (lead approval before submitting to County .Manager. Sote: If legal document is involver], be sure that any neeessury legal review, or request for same, is submined to ('ouuh Attorney before auhmitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearng>: m[ tuna P1'.' on k'ld o' uppro ce and suLniil nrigin:,l I. ( lerk" Office, rctalnim_ a copy for file FOR C'LERK'S OP'F WISE ON L1: *.*. Date Received- 5 Date of Public Nearing Y1/ °'� -J�� Date Advertised: �' 17B ORDINANCE NO. 10- AN ORDINANCE OF 'FILE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR TI-IE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE 'ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC.. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP /CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE, FACILITY. JOB TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN TIIE ALTERNATIVE, DEVELOPMENT OF SINGLE FAMILY RESIDENTIAL DWELLING UNITS, LOCATED ON THL SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72 + /- ACRES SUBJECT TO CONDITIONS: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. and Robert L. Duane, of Hole Montes, Inc., representing Emmanuel Evangelical Lutheran Church of Naples. Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit D, attached hereto and incorporated herein by reference, located in Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from the Estates (E) Zoning District to a Community Facilities Planned Unit Development (CFPUD) Zoning District for a 21.72 + /- acre Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Page I oft Revised 4/25/11 17 cj project known as Emmam -Wt Evangelical Lutheran Church of Naples, Inc. CFPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. "fhe appropriate Toning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code. is /are hereby amended accordingly. SECTION TWO: 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 ATTEST: DWIGHT E. BROCK, CLERK Br: , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney j y ^� Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F CPA I 0 -CPS -01040\37 day of'_ 2010. BOARD 017 COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: Permitted Uses Development Standards Master Plan Legal Description Deviations from the LDC Development Commitments Emmanuel Evangelical Lutheran Church P U DZ. -P 1.2009 -2496 Page 2 of 2 Revised 4%25;" 11 FRED W. COYLE, Chairman EXHIBIT "A" LIST OF PERMITTED USES EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILYPIES PUD No building 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: SIC GROUP No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Churches and Places of Worship 8661 2. Child Care Services 8351 Not for profit and operated with a church or place of worship 8351 permitted in this CFPUD 3. Private Schools 8211 Not for profit and operated with a church or place of worship 8243 permitted in this CFPUD (except boarding schools, and military 8244 academics). 8299 4. Social Services, individual and family (activity centers, elderly or handicapped only; day care centers, adult and handicapped only); must be not for profit and operated with a church or place of 8322 worship permitted in this CFPUD. 5. Job training and vocational rehabilitation services not for profit 8331 and operated with a church or place of worship permitted in this CFPUD. Vocational rehabilitation services shall not include uses such as outboard or diesel engine repair that could emit noise beyond the boundaries of the subject property. 6. Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure and conducting blood donation drives not for profit and operated with a church or place of worship permitted in this CFPUD. 7. Single family residential dwellings as an alternative to non- residential uses permitted in this CFPUD. (Also see Exhibit B — Development Intensity) 8. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC), however, soup kitchens and homeless shelters are prohibited. Emninnuel GvanyelicW Luliiernn Church PUUZ- PL2009 -2796 I :w �,,,,d. 04 -25 -11 Page I of 10 will, : 176 B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661, Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 4. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). C. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CFPUD Master Plan other than the following: Passive recreation areas such as pervious nature trails or boardwalks are allowed in the preserve area, as long as any clearing required to facilitate these uses does not impact the minimum required area to be preserved. 2. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Emmunucl 6vrvngclicel LWherzn Church PUDZ- P1,7009-2496 Lull oev¢ed. 04 -25 -11 pzge2 Of 10 17B EXHIBIT "B" DEVELOPMENTSTANDARDS EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUND Y FACILITIES PUD Development of the EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD shall be in accordance with the contents of this Ordinance and applicable sections of the 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. Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the Corrnnunity Facility District (CF) of the I,DC shall apply. Table I below sets forth the development standards for land uses within the PUD. Standards not specifically set forth herein shall be those specitied in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA PERIMETER SETBACKS MINIMUM FRONT YARD MINIMUM SIDE YARD MINIMUM REAR YARD MINIMUM PRESERVE SETBACK MINIMUM DISTANCE BETWEEN PRINCIPAL STRUC "rURF,S N/A N/A N/A 75 feet east property line 75 feet west and southwest property line 75 feet south property line 75 feet north property line 25 feet 25 feet or perimeter setback whichever is greater 25 feet or perimeter setback whichever is greater 25 feet Yz building zoned height (BH) Enun;uwal Evangelical Lutheran Church PUDZ- PL2009 -2496 Last revised 04 -2S -11 Page 3 of 10 B. :1LJ MAXIMUM BUILDING HEIGHT 2 stories not to exceed 30 feet zoned building height or 38 feet actual building height; however, the Worship Center shall not exceed a zoned height of 35 feet and an actual height of 42 feet. ACCESSORY STRUCTURES FRONTSETRACK SIDE SETBACK REAR SETBACK PRESERVE SETBACK PERIMETER SETBACK MINIMUM DISTANCE BETWEEN ACCESSORY STRUCTURES 25 feet (see *Note 1) 10 feet or perimeter setback whichever is greater 10 feet or perimeter setback whichever is greater 10 feet or perimeter setback whichever is greater 75 feet 10 feet MAXIMUM BUILDING HEIGHT NOT TO EXCITED 1 story, not to exceed 25 feet zoned building height and 30 feet actual BH *Note 1 Athletic field is permitted in setback area including portion of the existing lake as shown on CFPUD Master Plan; C. D. STANDARDS FOR RESIDENTIAL USE Residential uses in accordance with the Estates District if non - residential uses are not developed on the subject property. DEVELOPMENT INTENSITY A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD and the number of seats for the Worship Center shall not exceed 1,000 seats. 2. Maximum number of school students is 450. 3. Maximum number of Day Care Center participants is 300. 4. In lieu of permitted community facilities allowed by this CPUD, ten (10) single family dwelling units are permitted. P.inmanuel Evnuyelieal Lutlmren Church PUDZ -Pf 2009 -2496 Last revised: 04 -25 -11 Page 4 of 10 17B E. LANDSCAPING Seventy five foot (75') wide buffer areas are required along the east, west and southwest property lines abutting residential development as shown on the CFPUD Master Plan. However, play fields are permitted in a portion of the 75 foot wide buffer area shown on the west and southwest property lines along with an existing lake. 2. A twenty five foot (20') wide Type "D" buffer is required along Oil Well Road and twenty -five foot (25') wide Type `B" buffers are required along the east, west and southwest south property lines as shown on the CFPUD Master Plan. F. LIGHTING (Per Policy 5.1.1 of the Golden Gate Master Plan set forth below): Consistent with public safety requirements, street, recreational and structure lighting shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. The following standards shall apply: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low - pressure sodium lamps are encouraged while halogen type lights are discouraged. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low - pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. C. All lighting associated with the Athletic Field shall be turned off no later than 9:30 P.M. G. ATHLE'rIC FIELD OPERATION The Athletic Field shall only be permitted to be in use.between the hours of 7:00 A.M. and 9:00 P.M. lunnwnud 8vmtgelical Lutheran Chu,dt PUIV P1.2009 2496 Last c,,,od 04 -25 -11 Page 5 of 10 H. GARDEN PLOTS 1 7 8 U -Pick or on -site sales of produce is prohibited. 2. The maximum area for the garden plots shall be limited to 10% of property or t2 acres. 3. Garden plots shall be located outside the 75 foot perimeter setback areas. 4. Maximum number of automobiles shall be limited to ten at any one time. 5. Access to garden plots and parking areas shall be a gravel surface. 6. Temporary sanitary facility to be provided. 7. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. S. The development of garden plots shall not vest the property for PUD sunsetting purposes. I. WALLS A six -foot high wall shall be constructed as shown on the CFPUD Master Plan adjacent to residential development. The wall shall be constructed prior to the utilization of the Athletic Field. 1:n ,,uuci Evangelical Lmhcran❑n,h PODLPL2009 -24)6 Lest ICIL,,d: 04 -25 -I1 Page 6 of 10 I I I II � I 1� x yE ,swV 5 I M52 xr� II 6 II r rJ I IHi —_�- I to s r @ I Ir, 1 � 3 1 ' I 1 T 9 l I�J tt Pr �I Y 1 r.yg I ; -3 I� I I ' IIrl �I II ,I III I'� I •- ' i° +'13 III I 15� st }y J I III ,A, I _ - 1 a r �- // u e vwn �E, �adss A a 'pi n\ S �z —{ 1 :,.ueel iysZ 1-1, 11 _1 170 EO'sx oiu0 iatl Pm +atawpad 1 n ee,� �q�q��� II III, H1 ! 11 111 ., ,I I I I II � I 1� x yE ,swV 5 I M52 xr� II 6 II r rJ I IHi —_�- I to s r @ I Ir, 1 � 3 1 ' I 1 T 9 l I�J tt Pr �I Y 1 r.yg I ; -3 I� I I ' IIrl �I II ,I III I'� I •- ' i° +'13 III I 15� st }y J I III ,A, I _ - 1 a r �- // u e vwn �E, �adss Q J a U K W $ mN Q >< a W� d ti F E gE� s s 'pi n\ S �z —{ 1 :,.ueel iysZ 1-1, 11 _1 170 EO'sx oiu0 iatl Pm +atawpad 1 Q J a U K W $ mN Q >< a W� d ti F E gE� s s J v J = W U D = Z a = � U w Z w cr � w Z ac cG J G W nal S �z sa 1 -: E EE x MR E En a J v J = W U D = Z a = � U w Z w cr � w Z ac cG J G W nal 17B EXHIBIT "D" LEGAL DESCRIPTION EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Property Description: Tract 65A, the North 165 feet of Tracts 80 and 81, the South 165 feet of the North 330 feet of 'Tracts 80 and 81, the North 165 feet of the South 330 feet of Tracts 80 and 81, the South 165 feet of Tracts 80 and 81, and all of "Tracts 80A, 81A, 96 and 96A, GOLDEN GATE ESTATES, UNIT NO. 64, according to the map or plat thereof as recorded in Plat Book 7, Page(s) 64, Public Records of Collier County, Florida. Fmmnmsl Lvongclical LWli r Church PLD% PL2009 -2496 Lint revised'. 04-25-11 Page 8 410 17© EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Deviation No. 1 seeks relief from LDC Section 5.03.02. H., Fences and Walls to not require a fence or wall along the west, south, and east property lines outside the boundary of the Athletic Field. Walls will be provided adjacent to the Athletic Field as depicted on the CFPUD Master Plan. This Section of the LDC requires that whenever a non - residential development lies contiguous to or opposite a residentially zoned district, said non - residential development shall provide a masonry wall or precast concrete wall or fence. Gmmanual Evau6ch al Ludw,r u Church PUD7: PL2009 -2496 Last mvlsed 04 -25 -11 Pagc 9 of 10 17B EXHIBIT "F" DEVELOPMENT COMMITMENTS FOR THE PROJECT EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD 1. TRANSPORTATION A. 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 locations) as directed by the Collier County Transportation Administrator or his designee. B. The development within this project shall be limited to 666 unadjusted two -way, AM peak hour nips and /or 323 unadjusted two -way, PM peak hour trips; allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday AM and PM peak hour trip generation for this PUD, the lesser of the weekday AM or PM peak hour trips as calculated in the Institute of `transportation Engineer's (ITE) Report, titled Trip Generation, 8 °i Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. C. A potential for interconnection with the residential properties to the west shall be provided if the subject property develops only with single family uses and the conditions for the use of the interconnection are acceptable to the developer and the residential properties to the west. If the subject property is developed without residential uses within four years of the date of adoption, then this commitment shall no longer be deemed applicable. 2. ENVIRONMENTAL A. Conservation /preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26+ acres required to be preserved by the LDC. B. As part of the first development order application (SDP, Plat or other), the applicant shall provide an updated listed species survey to show the property's proximity to bear or panther habitat (primary or secondary) and indicate if any mitigation is required by the FWC /USFWS. If mitigation is required, the applicant shall coordinate said mitigation with County Environmental Staff members. Emmanuel Evangelical Lutheran Church P WZ- PL2009 2496 Last revised- 04 -25 -11 Page 10 if 10 Acct. #068779 May 25, 2011 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church of Naples Dear Legals: Please advertise the above referenced notice on Friday, June 3, 2011, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 17B NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 28, 2011, in the Boardroom, 3 r Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, 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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP /CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE FACILITY, JOB TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN THE ALTERNATIVE, DEVELOPMENT OF SINGLE FAMILY RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72 + /- ACRES SUBJECT TO CONDITIONS; 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 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 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 ; T 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, 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts May 25, 2011 1�8 tnunty of C411ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURT iOUSE Clerk of Courts 3301 TAMIAMI AIL. EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA�4101 -3044 Auditor 4, Custodian of County Funds }F Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 28, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 3, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLr T��Pc(I� T. eresa Polaski, Deputy Clerk Enclosure Phone 1239) 252 -2646 Fax(239)252 -2755 Website: www.collierclerk.com Email: collierclerk(a collierclerk.com 0 Dwight E. Brock Clerk of Courts May 25, 2011 �lnt ofgllier j 7 CLERK OF THE CIRCUIT COURT COLLIER COUNTY COUR7EIOUSE Clerk of Courts 3301 TAMIAMI AIL FAST P.O. BOX 41X3044 Accountant NAPLES, FLORIDA' 4101 -3044 Auditor Custodian of County Funds Emmanuel Evangelical Lutheran Church of Naples, Inc. c/o Tom Gemmer 777 Mooring Line Drive Naples, FL 34102 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 28, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 3, 2011. You are invited to attend this public hearing. Sincerely, (� DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierelerk(a collierclerk.com Dwight E. Brock Clerk of Courts May 25, 2011 coot t of collier 178 CLERK OF THE CIRCUIT COURT COLLIER COUNTY j OURhJOUSE 3301 TAMIAMI TRAIL FAST Clerk of Courts P.O. BOX 443044 Accountant NAPLES, FLORIDA14101 -3044 Auditor Custodian of County Funds Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Ste. 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -2496: Emmanuel Evangelical Lutheran Church of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 28, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 3, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ��olaski, Deputy Clerk Enclosure Phone(239)252 -2646 Fax (239)252 -2755 Website: www.collierelerk.com Email: collierelerk(acollierclerk.com 17B Teresa L. Polaski To: Legals NDN Subject: PUDZ- PL2009 -2496, Emmanuel Evangelical Lutheran Church Attachments: PUDZ- PL2009 -AR -2496 (Emmanuel Evangelical).doc; PUDZ- PL2009 -2496 (Emmanuel Evangelical).doc Legals, Please advertise the attached legal ad on Friday, June 3, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Tereso.Po laski @col I ierclerk.com) Teresa L. Polaski From: Legals NDN [legals @naplesnews.comj Sent: Wednesday, May 25, 2011 12:20 PM To: Teresa L. Polaski Subject: RE: PUDZ- PL2009 -2496, Emmanuel Evangelical Lutheran Church MCI Emefy Fagan- Gega( Dept. 5"ll (Daly News 1100 Immokafee 1?gad Napfes, MFG 34110 (Direct. 239 - 213 -6061 Fad 239 - 263 -4700 Email fegals to: Cegafi napCesnews. com From. Teresa L Polaski rmailto: Teresa .Polaski(cbcollierclerk.com1 Sent: Wednesday, May 25, 2011 11:47 AM To: Legals NDN Subject: PUDZ- PL2009 -2496, Emmanuel Evangelical Lutheran Church Legals, Please advertise the attached legal ad on Friday, June 3, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Tereso.Polaski @col I i erclerk.com) Please visit us on the web at www.collierclerk.com 17B This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. NOTICE OF INTENT TO CONSIDEF ORDINANCE 178 Notice is hereby given that on TUESDAY, JUNE 28, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 EastTa- miami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting uwill commence at 9:00 A.M. The title of the proposed Ordinance is as follovvs: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COL LIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHEN- SIVE :.LINING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN- TY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATUkS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM THE ESTATES (C) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL EVANGL=LICA1. LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP/CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE FA- CILITY, JOB TRAINING AND VOCATIONAL REHABILITATION, A 4510 PERSON PRIVATE SCHOOL; OR, IN THE ALTERNATIVE, DEVELCPMENT OF SINGLE FAMILY RESIDEW TIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL VIELL ROAD, IN SEC- TION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNT'S, FLORIDA, COPI- SISTING OF 21.72 - l- ACRES SUBJECT TO CONDITION:, AIVD BY PROVIDING AN EF- FECTIVE 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 vuith 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 In- dividual to speak on behalf of an organizzat ion or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or orgarAzation 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 minimv +m 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 material used in presentations before the Board will become a pernianent 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 that a verbatim record of the proceedings is made, v,)hrch record includes the testimony and evi- dence upon which the appeal is based If you are a person vvith a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management De art - ntent, locates at 3335 Tarniami Trail East, 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 FRED COYLE, CHAIRMAN DVVIGI -Lf E. BROCK, CLERK By: Teresa Polaskr, Deputy Clerk (SEAL) June 3, 2011 Na1903875 Teresa L. Polaski From: Naples Daily News [naplesnews @clickn buy. com] Sent: Thursday, June 02, 2011 11:07 PM To: Teresa L. Polaski Subject: Thank you for placing your classified advertisement. Ad #1903875 Thank you for placing your classified advertisement. H The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 28, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, 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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP /CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE FACILITY, JOB TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN THE ALTERNATIVE, DEVELOPMENT OF SINGLE FAMILY RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72 + /ACRES SUBJECT TO CONDITIONS; 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 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 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 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, 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) June 3, 2011 No 1903875 2.7-B You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpay.com/adwizard login.aspx ?1= 1 77023 60 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. QRDMANCE.PETITTONS_ 009W,MM�i)fSpT ONS Copkss. of thR propoud Ordlebke are en tilt, whn ttro Clerk t .the B4sb and are avagaeWhirimpectkns. Ag isrterestedyirt4s areirwkM4eaturp eM6e haaM. aseep.py.tne csspmnen, a zpoaeaperson for a group of orgamzaeo, may w aim IDminuebtpepaekFMan knn. snom wkMng to Awe wrkfM ar graphk materla4.Indutled in the Board, Age Dockets mart suomk sold meteriof a minfmrpn of 3 weeks odor to the revue, Any person who. Oxides to 1 e decision of the Board will deed a moofd of the proceed pertaining thneto add itiereMrq mayy need to ensure that a verbatim record of the proceedings Is 'imade:: whfGs ixnrd includes the briimony and W- dance upon which the appear is bred. N you are a person with a dWbigty who needs any, accommodation In order W par. tiopate in this proceeding, you are, tnta at rso to yow to era pmvkion of certain assistance. PNxe wxeR the Ce Cou�m�{yy {cgibid; ManagNnent DR mmt, at 3335 Tamssmf -Trail 6rt. gW101 -W Npies,: Florida ttj, (239 1242 AsArted Me" deYkes r the he�Ag I4mpeke are "fable In the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA FR T e CMAMMAUtyClark. NAPLES DAILY NEWS Published Dail), Naples. FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News. a daily newspaper published at Naples, in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on .tune 3, 2011 A Fit ant further says that the said Naples Daily News is a newspaper published at Naples_ in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Fiurmzn distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier Counb)_ Florida. for a period of I ,ear next preceding the first publication of the attached copv of advertisement and affiant further says that he has neither paid nor promised any person, firm or corporation anv discount, rehate_ commission or refund for the purpose of securing this advertiscment for publication 'n the sat wspaper_ ignature of affiant) Sworn to and subscribed before me This 6th day, o June, 3011 (Signature of notary public uma KARDL E KANGAS Notary Public - Stale of Florida My Comm. Expires Jul 29. 2013 Commission # DO 912237 1.7 B Suer of the W �a ate .,fl1R W*the Ck tuxpe epaed'xM am IaCladw =ZAR PMVY SWAR$0OWto amil0bo and MID M'tou rt`t4mmooNm VIGHt lUNP1' PI,LI w Eo N MIBNT e, 111 OM CtW . �� tae Pafarkl, trrpuryClwk of ORIGINAL DOCUMENTS CHECKLIST & ROUTING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tj(B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 84 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sianature. draw a line through mnine lines a t thmnoh as ­nrata .ha ,.r.a,.Lr... __., e__..__.._ o.._ _ . Route to Addressee(s) List in routing order ---- - -...-- ....,- _...._._..._ ........... .... ...... Office ....nw�.o out ruavu Initials one n�. Date I . Judy Puig GMD Planning & Regulation/Operations Initial) Applicable) Agenda Date Item was 2. Agenda Item Number 17.B. Approved by the BCC 3. Type of Document 4. Number of Original 1 Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. Initial) Applicable) Agenda Date Item was June 28, 2011 Agenda Item Number 17.B. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance l a Number of Original 1 Attached °�� Documents Attached INSTRUCTIONS & Cl4F.C1CI.IlCT C Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) I . Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �D 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �D 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC June 28, 2011 and all changes made during the meeting have been incorporated in the attached document. The County tD Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 178 "1 MEMORANDUM Date July 12, 2011 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -23: Emmanuel Evangelical Lutheran Church Attached for your records is a copy of the Ordinance referenced above (Item #17B) adopted by the Board of County Commissioners on June 28, 2011. I have also included an original Affidavit of Publication from Naples Daily News to confirm an official public hearing notice was published. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17B MEMORANDUM Date: July 12, 2011 To: Steven Williams, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2011 -23: Emmanuel Evangelical Lutheran Church Attached for your records, is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners July 28, 2011. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 170 MEMORANDUM DATE: July 12, 2011 TO: Ernie Kerskie, Director Collier County Property Appraiser's Office FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: Ordinance 2011 -23: Emmanuel Evangelical Church Section 19, Township 48 South, Range 28 East changing the zoning classification from Estates (E) to Community Facilities PUD (CFPUD) Attached for your records, is a copy of the Ordinance referenced above, adopted by the Board of County Commissioners on June 28, 2011. If you have any questions, please feel free to contact the Minutes and Records Department at 252 -8406. Thank you Attachment 178 ORDINANCENO.11- 23 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE? NUMBER 2004 -41, AS AMENDED, I IF COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR TI [E UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL, PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL L EVANGELICA LUTHERAN CHURCH OF NAPLES, INC. CFPUD. TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP /CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DAY CARE FACILITY, JOB "TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN "THE, ALTERNATIVE, DI:VELOPMEN "T OF SINGLE FAMILY RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, "TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72 + /- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. and Robert L. Duane, of Hole Montes, Inc., representing Emmanuel Evangelical Lutheran Church of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit D, attached hereto and incorporated herein by reference, located in Section 19, Township 48 South, Range 28 Fast, Collier County, Florida, is changed from the Estates (E) "Zoning District to a Community Facilities Planned Unit Development (CFPUD) "Zoning District for a 21.72 + /- acre Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Page I oft Revised 6/24/11 17B project known as Emmanuel Evangelical Lutheran Church of' Naples, Inc. CFPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this _a �h day of , } u U, 2011. ATTEST- I . - DWIUIQ I~. `Bl (!'X,,(LERK A By:�,� . e Clerk Aim , - trrw t Approved as to form and legal sufficiency: � 7 . L"J- Steven T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Deviations from the LDC Exhibit F - Development Commitments CPA 10- CPS - 01040 \41 Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Page 2 of Revised 6/24/11 FRED W. COYLE, Cha an EXHIBIT "A" 17 B 't W LIST OF PERMITTED USES EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD No building 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: SIC GROUP No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Churches and Places of Worship 8661 2. Child Care Services 8351 Not for profit and operated with a church or place of worship 8351 permitted in this CFPUD 3. Private Schools 8211 Not for profit and operated with a church or place of worship 8243 permitted in this CFPUD (except boarding schools, and military 8244 academies). 8299 4. Social Services, individual and family (activity centers, elderly or handicapped only; day care centers, adult and handicapped only); must be not for profit and operated with a church or place of 8322 worship permitted in this CFPUD. 5. Job training and vocational rehabilitation services not for profit 8331 and operated with a church or place of worship permitted in this CFPUD. Vocational rehabilitation services shall not include uses such as outboard or diesel engine repair that could emit noise beyond the boundaries of the subject property. 6. Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure and conducting blood donation drives not for profit and operated with a church or place of worship permitted in this CFPUD. 7. Single family residential dwellings as an alternative to non- residential uses permitted in this CFPUD. (Also see Exhibit B — Development Intensity) 8. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC), however, soup kitchens and homeless shelters are prohibited. Emmanuel Evangelical Lutheran Church PUDZ.PL2009 -2496 Last revised: 04 -25 -11 Page 1 of 10 170 B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship. 4. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). C. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CFPUD Master Plan other than the following: 1. Passive recreation areas such as pervious nature trails or boardwalks are allowed in the preserve area, as long as any clearing required to facilitate these uses does not impact the minimum required area to be preserved. 2. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Emmanuel Evangelical Lutheran Church Pt/DZ- PL2009 -2496 Last revised. 04 -25 -1I Page 2 Of 10 N 17 0, 111 DEVELOPMENTSTANDARDS EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Development of the EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD shall be in accordance with the contents of this Ordinance and applicable sections of the 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. Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the Community Facility District (CF) of the LDC shall apply. Table I below sets forth the development standards for land uses within the PUD. 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 SDP or subdivision plat. TABLE I COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES Ml►ilu to] UT Ill611rllMl MINIMUM LOT WIDTH MINIMUM FLOOR AREA PERIMETER SETBACKS MINIMUM FRONT YARD MINIMUM SIDE YARD MINIMUM REAR YARD MINIMUM PRESERVE SETBACK MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Lastrevised: 04 -25 -11 N/A i`D_1 /_ 75 feet east property line 75 feet west and southwest property line 75 feet south property line 75 feet north property line 25 feet 25 feet or perimeter setback whichever is greater 25 feet or perimeter setback whichever is greater 25 feet 1/2 building zoned height (BH) Page 3 of 10 178 MAXIMUM BUILDING HEIGHT 2 stories not to exceed 30 feet zoned building height or 38 feet actual building height; however, the Worship Center shall not exceed a zoned height of 35 feet and an actual height of 42 feet. B. ACCESSORY STRUCTURES FRONT SETBACK 25 feet (see *Note 1) SIDE SETBACK 10 feet or perimeter setback whichever is greater REAR SETBACK 10 feet or perimeter setback whichever is greater PRESERVE SETBACK 10 feet or perimeter setback whichever is greater PERIMETER SETBACK 75 feet MINIMUM DISTANCE BETWEEN ACCESSORY STRUCTURES 10 feet MAXIMUM BUILDING HEIGHT NOT TO EXCEED I story, not to exceed 25 feet zoned building height and 30 feet actual BH *Note 1 Athletic field is permitted in setback area including portion of the existing lake as shown on CFPUD Master Plan; C. STANDARDS FOR RESIDENTIAL USE Residential uses in accordance with the Estates District if non - residential uses are not developed on the subject property. D. DEVELOPMENT INTENSITY 1. A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD and the number of seats for the Worship Center shall not exceed 1,000 seats. 2. Maximum number of school students is 450. 3. Maximum number of Day Care Center participants is 300. 4. In lieu of permitted community facilities allowed by this CPUD, ten (10) single family dwelling units are permitted. Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Last revised -. 04 -25 -11 Page 4 of 10 1, 1 17B kj E. LANDSCAPING I. Seventy five foot (75') wide buffer areas are required along the east, west and southwest property lines abutting residential development as shown on the CFPUD Master Plan. However, play fields are permitted in a portion of the 75 foot wide buffer area shown on the west and southwest property lines along with an existing lake. 2. A twenty five foot (20') wide Type "D" buffer is required along Oil Well Road and twenty -five foot (25') wide Type `B" buffers are required along the east, west and southwest south property lines as shown on the CFPUD Master Plan. F. LIGHTING (Per Policy 5.1.1 of the Golden Gate Master Plan set forth below): Consistent with public safety requirements, street, recreational and structure lighting shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. The following standards shall apply: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low - pressure sodium lamps are encouraged while halogen type lights are discouraged. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low - pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. C. All lighting associated with the Athletic Field shall be turned off no later than 9:30 P.M. G. ATHLETIC FIELD OPERATION The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Last revised: 04 -25 -I1 Page 5 of 10 17B H. GARDEN PLOTS I . U -Pick or on -site sales of produce is prohibited. 2. The maximum area for the garden plots shall be limited to 10% of property or t2 acres. 3. Garden plots shall be located outside the 75 foot perimeter setback areas. 4. Maximum number of automobiles shall be limited to ten at any one time. 5. Access to garden plots and parking areas shall be a gravel surface. 6. Temporary sanitary facility to be provided. 7. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. 8. The development of garden plots shall not vest the property for PUD sunsetting purposes. I. WALLS A six -foot high wall shall be constructed as shown on the CFPUD Master Plan adjacent to residential development. The wall shall be constructed prior to the utilization of the Athletic Field. Emmanuel Evangelical Lutheran Church PLTDZ- PL2009 -2496 Last revised'. 04 -25 -I1 Page 6 of 10 I. II 1. I II I I I Ii II IJ I � II 'I I 'j11 �I !� e xx� e� 1 I el 11 I � 1 I AeroNptl asnay,Uq___ ° _ a — - "-- u.uuae] I em._ •rap �,�e 3 ` � 3 J a //�1 f Cl O O 11 f l_� J I 4 e g w o & sm n £ ii..,m al aen pUn) faleaa3 3 PauoZ �P� g Q1 a @ Maepla5 a - SS -10m v eaNaB aeospueS i% a ,, .PIM .S2 s- R gE xEY'u E a � AeroNptl asnay,Uq___ ° _ a — - "-- u.uuae] I em._ •rap �,�e 3 ` � 3 J a //�1 f Cl O O 11 f l_� J I - --� ��- w o & sm n £ V s- R gE xEY'u E a � SeB8xC 3 ^QaC z � r sx s- Y 3Y J R V T -- ea,V WIA,eJ rte, —� - -I u1VN^ ° ° _ L -------- AeroNptl asnay,Uq___ ° _ a — - "-- u.uuae] I em._ •rap �,�e 3 ` I »f s s- J R V V_ u1VN^ ° ° _ cr 'i . aae91a5 WIm.S[ u _ ' 'WSJ c r'S y U hunen pue N!wry ryYU15 sl xn puq � Z'3Z0'EO'5 puo0daj U m J aleg3 3 3 �pauox L L ' 'oN uoPelnap Z Ly,J J Q 1 � W d' � W 4-1 1 E q ; E q m EE � �J S W mE E EE W R 3 5 5 p a a g ga" c c ° =3 d dz5 a25i V s c ca » »E a.Ra g gm „ „9 8 8a8 c coa a a� m VTr �� .rne�aaaavan,e, aai aplM1{.se a a €., � �d "� <S P: ° °G d d3a V Vie- 17B EXHIBIT "D" LEGAL DESCRIPTION EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Property Description: Tract 65A, the North 165 feet of Tracts 80 and 81, the South 165 feet of the North 330 feet of Tracts 80 and 81, the North 165 feet of the South 330 feet of Tracts 80 and 81, the South 165 feet of Tracts 80 and 81, and all of Tracts 80A, 81 A, 96 and 96A, GOLDEN GATE ESTATES, UNIT NO. 64, according to the map or plat thereof as recorded in Plat Book 7, Page(s) 64, Public Records of Collier County, Florida. Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Last revised: 04 -25 -II Page 8 of 10 178 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Deviation No. 1 seeks relief from LDC Section 5.03.02. H., Fences and Walls to not require a fence or wall along the west, south, and east property lines outside the boundary of the Athletic Field. Walls will be provided adjacent to the Athletic Field as depicted on the CFPUD Master Plan. This Section of the LDC requires that whenever a non - residential development lies contiguous to or opposite a residentially zoned district, said non- residential development shall provide a masonry wall or precast concrete wall or fence. Emmanuel Evangelical Lutheran Church PUDZ- PL2009 -2496 Lastrevised: 04 -25 -11 Page 9 of 10 170 EXHIBIT "F" DEVELOPMENT COMMITMENTS FOR THE PROJECT EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD 1. TRANSPORTATION A. 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. B. The development within this project shall be limited to 666 unadjusted two -way, AM peak hour trips and/or 323 unadjusted two -way, PM peak hour trips; allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday AM and PM peak hour trip generation for this PUD, the lesser of the weekday AM or PM peak hour trips as calculated in the Institute of Transportation Engineer's (ITE) Report, titled Trip Generation, 8t' Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized. C. A potential for interconnection with the residential properties to the west shall be provided if the subject property develops only with single family uses and the conditions for the use of the interconnection are acceptable to the developer and the residential properties to the west. If the subject property is developed without residential uses within four years of the date of adoption, then this commitment shall no longer be deemed applicable. 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26± acres required to be preserved by the LDC. B. As part of the first development order application (SDP, Plat or other), the applicant shall provide an updated listed species survey to show the property's proximity to bear or panther habitat (primary or secondary) and indicate if any mitigation is required by the FWC /USFWS. If mitigation is required, the applicant shall coordinate said mitigation with County Environmental Staff members. Emmanuel Evangelical Lutheran Church PUDZ-PL2009 -2496 Last revised: 04 -25 -11 Page 10 of 10 17B 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 2011 -23 Which was adopted by the Board of County Commissioners on the 28th day of June, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of June, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio 'to Board of County Commission+Yd �• r By : An ne3 ohii, Deputy Cl.efk.