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Backup Documents 03/24/2009 Item # 8B , 8 B b,1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ****************k******************************************************************~*** ************ Originating Deptf Div: CDES.!Zonioe Person: John-David Moss, AIep Date:.. 1 Petition No. (If none, give brief description): PUDZ-2007-AR-12097, Heavenly PUD . II SiD Petitioner: (Name & Address):Michael R. Fernandez, Aler, Planning Development Inc., 5133 Castello Dr., Ste. 2, Naples, FL 34103 Name & Address of any person(s) to be notiffed by Clerk's Office: (If more space is needed, attach separate sheet) The Covenant Presbyterian Church Of Naples, Inc., 6926 N, Tamiami Trail, Naples, FL 34108; Mission Possible Ministries, Inc., 621 Ridge Dr., Naples, FL 34108 Hearing before Bee BZA Other Requested Hearing date: Februarv 10. 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size~ Petition: PUDZ~2007~AR-I2097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, Inc., represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., are requesting a rezone from the Residential Single-family (RSF~l) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would pennitre development consistent with a master site plan to a maximum of 100,000 square feet of houses of worship, children and adult day cares, a Pre-K through 3rd grade schooJ,and various accessory uses; and an additional 20,000 square feet of children and adult day cares, Pre~K through 3rd grade school andaccessory uses contingent upon Conditional Use approval. The 15.93-acre subject property is located at 6926 Trail Boulevard, and comprises tbe entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South. Range 25 East of CoJljer County, Florida. Companion petition(s), if any & proposed hearing date" Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Nnmber: 4500096189 for Acconnt Number: 068779 ~iewed by: ~_ A A./JA roo. '1Y\' S U/\I\-UJ ,,''''Division Administrator or Designee Ji~-~/~ Date List Attachments: DISTRIBUTION INSTRUcrlONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document 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 Clcrli.'s Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************.*****************.*************************. FOR CLERK'S OFFICE USE ONLY: \ Date Received: ~ Date of Public hearing: ~ [ell 0 '\ Date Advertised: M, '8811"'1 ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSrvE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-I) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.9300 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez of Planning Development, Inc., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-l Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through H, attached hereto and incorporated herein and by reference made part hereof The appropriate zoning atlas map or ~aps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. REV.OIl13/09-HFAC Page 1 of2 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 Cormnissioners of Collier County, Florida, this _ day of ,2009. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUN1Y, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chainnan Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide of Vertical BUilding Height Exhibit H - Conditions of Approval CP\OS-CPS.OOS40\43 REV.OIlI3109-HFAC Page 2 of2 'SBHI. '88 ~'~I '. HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBIT A GENERAL: Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. House(s) of worship with a maximum seating capacity of 1,000 individuals. R Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. SociallMeeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1 st through 3'd; 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 reallocated 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. Accessory uses and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. C. Conditional Uses: I. Child/Adult Day Care / Pre-KlKindergarten / School, limited to 1st through 3'd; for enrollment/serving more than a cwnulative total of 220 students/individuals for the entire CFPUD. The square footage of any approved conditional use shall be included within the maximwn accessory use square footage of 72,000 square feet within Tract A, and in no event shall the square footage of all the structures within the entire CFPUD exceed 100,000 square feet; except as may be approved in item C.2 below. 2. Up to an additional 20,000 square feet of accessory use(s). Document Date: October 14,2008 Page 2 of21 '88 D. Temporary Uses: I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. The maximum period of use of such temporary building( s) shall be 30 months, but in no event shall be utilized beyond 90 days after receipt of the certificate of occupancy for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. Document Date: October 14, 2008 Page 3 oi21 '8a (TRACT B) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. House(s) of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. SociallMeeting and Activity Center 3. Administrative Offices 4. Child! Adult Day Care / Pre-K/Kindergarten / School, limited to I st through 3'd; 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 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. Accessory uses and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. C. Conditional Uses: 1. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to I st through 3'd; for enrollment/serving more than a cumulative total of 220 students/individuals for the entire CFPUD. The square footage of any approved conditional use shall be included within the maximum accessory use square footage of 14,400 square feet within Tract B, and in no event shall the square footage of all the structures within the entire CFPUD exceed 100,000 square feet; except as may be approved as a Conditional Use for Tract A. 2. An increase in maximum seating capacity, maximum parking spaces and/or maximum square footage allocation for the house(s) of worship. Document Date: October 14,2008 Page 4 of21 'S8 EXHIBIT B TABLE I (for Tract A) DEVELOPMENT STANDARDS (for Tract A) Table I, together with the text which follows below, sets forth the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). The redevelopment program of this CFPUD is based on a 25 year build-out. PRINCIPAL USES 538 ft. ACCESSORY AND : ,."...: .: '.' .:,:. ~ ::.' ':.:'.' '::.': . :. CONDITIONAL USES N/A N/A MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (from right-of- way) Existing 14010 acres Expanded buildings(S) New structures The greater of 30 ft. or the zoned height of structure 50 ft. for expanded portion 200 ft.; except, 50 ft. from Trail Boulevard SPS SPS SPS 1~1]~Il\'l.UJ\1 YARDS (betll'eentracts) Side The greater of 15 ft. or y, the zoned buildin hei ht The greater of 15 ft. or y, the sum of the zoned buildin hei hts 50 ft. 70 ft. SPS MIN. DISTANCE BETWEEN STRUCTURES l\1.A.XIMUM ZONED HEIGHT MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES New Existin MINIMUM FLOOR AREA MAXIMUM SQUARE FOOTAGE House ofWorship(6) Accessory Uses(7) Conditional Use(7), if approved Circulation/Maintenance/Storage PRESERVE SETBACKS SPS 35 ft. 55 ft. 2(3) I 2,500 sq. ft. 2 SPS 400 sq. ft. 28,000 sq. ft. 25 ft. 40,000 sq. ft. 20,000 sq. ft. 12,000. sq. ft. 25 ft. See referenced notes (1) through (8) next page. Document Date: October 14, 2008 Page 5 of21 -----""""'....----.-...., 'sa (I) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 20 feet by non habitable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.01.D.I, as may be amended. See Exhibit G for Graphic Depiction. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of 20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. House of worship square footage not utilized shall be available for accessory uses. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for habitable principal, conditional use and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time ofSDPA application. (2) (3) (4) (5) (6) (7) (8) Document Date: October 14, 2008 Page 6 of21 'SB A. Buffers I. Perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be shade trees. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street, commencing south of the existing buildings depicted on the Master Plan and extending to the driveway on Myrtle Road, shall be installed with a minimwn height of 5 feet, spaced 4 feet on center and grown and maintained to a height of 12 feet above grade of any adjacent berm; and a 6- foot black or green clad chain link fence shall be hidden within this double hedge row. 5. Hedges within the perimeter landscape buffer along West Street not described above shall be grown and maintained at a minimwn height of 6 feet. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress-egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximwn height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8*acres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimwn of 40% of the gross project area [i.e. not less than 6.3* acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Document Dote; October 14,2008 Page 7 of21 E. Water Management '89 The existing 3.30!0 acre borrow pit lake, which does not meet County development standards for lake cross sections, associated slopes and littoral zones, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of the capacity required by water management design standards for a 3 day, 25 year storm event, or the capacity of the existing lake. Capacity may be met, in part, with dry water management areas. A no-discharge design shall be evaluated for the storm water management system which meets commercial land use standards and shall be implemented if not more costly than a conventional design and provided it does not require modification of the site plan design. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the flIst half inch ofrainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide for acceptance of drainage from one or more abutting roadside swales via connections to the wet detention or retention system, in addition to serving as the outfall for the project's dry water management areas. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. Document Date: October 14, 2008 Page 8 of21 '88 H. Preserve. The minimum required native vegetation for this site is 44 native trees for the previously developed portion of this site and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees is proposed to be within the perimeter landscape buffer along West Street and Myrtle Road. The site location for the created preserve is a dry water management area identified on the CFPUD Master Plan. This location is subject to jurisdictional agency review and approval. I. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded up to 4 times per month for accommodation of special functions. 2. Adult care: between 6:30 am and 8:30 pm. 3. Non worship use of the facilities: between 7:30 am and 10:30 pm. Document Date: October 14,2008 Page 9 of21 _""_~'_"_"'_'V_',"'_..,._"_....d..~m._.""""_'.w,__,~_,___"",,"'__ '88 TABLE 1 (for Tract B) DEVELOPMENT STANDARDS (for Tract B) Table I, together with the text which follows below, sets forth the development standards for land uses within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). The redevelopment program of this CFPUD is based on a 25 year build-out. MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (from right of way) ~IJ'{(MlJ~ YA.RJ)~(between tracts) Side MIN. DISTANCE BETWEEN STRUCTURES MAXIMlJM ZONED HEIGHT MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES MINIMUM FLOOR AREA MAXIMUM SQUARE FOOTAGE House ofWorship(S) Accessory Uses and any approved Conditional Use (6) Circulation/Maintenance/Storage PRINCIPAL USES . ACCESSORY AND CONDIT~ONAL USES N/A N/A SPS 1.9010 acres 236 ft. The greater of 30 ft. or the zoned height of structure The greater of 15 ft. or 'h the wned building height The greater of 15 ft. or Y, the sum of the zoned building heights SPS SPS 35 ft. 55ft(lI(2) 2(3) 35 ft. 55 ft. 2 2,500 sq. ft. 400 sq. ft. 5,600 sq. ft. 12,400 sq. ft. 2,000 sq. ft. See referenced notes (1) through (6) next page. Document Date: October 14,2008 Page 10 of21 'S8 (I) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 20 feet by non habitable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0LD.l, as may be amended. Exclusive ofmezzarunes, 10ft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. House of worship square footage not utilized shall be available for accessory uses. An increase in the allocated house of worship square footage shall require approval of a Conditional Use petition. The maximum square footage of any individual room shall be less than the square footage of the house of worship. (2) (3) (4) (5) (6) Document Date: October 14,2008 Page II of21 '8B~" A. Buffers 1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently with the redevelopment improvements in their proximity. 2. All required buffer trees along Ridge Drive and West Street shall be shade trees. 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 4 feet; and, to a height of 5 feet when not abutting a vehicular parking lot. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress- egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with the displacement of the existing buildings. Thereafter, the ingress-egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shaH provide and maintain a minimum of 30% of gross project area [I.e. not less than 4.8xacres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3x acres] as open space. Build-out, relative to this provision, shaH be the time when 80,000 square feet of structures exist within Tract A. Tract B shaH include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shaH be 20% of the gross area of Tract B. Document Date: October 14, 2008 Page 12 of21 E. Water Management '8B I The existing 3.3010 acre borrow pit lake, which does not meet County development standards for lake cross sections, associated slopes and littoral zones, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of the capacity required by water management design standards for a 3 day, 25 year storm event, or the capacity of the existing lake. Capacity may be met, in part, with dry water management areas. A no-discharge design shall be evaluated for the storm water management system which meets commercial land use standards and shall be implemented if not more costly than a conventional design and provided it does not require modification ofthe site plan design. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the ehtire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide for acceptance of drainage from one or more abutting roadside swales via connections to the wet detention or retention system, in addition to serving as the outfall for the project's dry water management areas. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 100. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. Document Date: October 14, 2008 Page 13 of21 1. Hours of Operation Restrictions: 1. Child care and School: 2. Adult care: 3. Non worship use of the facilities: Document Date: October 14, 2008 '8B :1 , . between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. Page 14 of21 Exhibit C I I lOOooatllW~ :01'1 OJ~.:I I\:OOO)OIr101iZl9 ;ON <lUG.:! I <;OOOSllt9U9 :ol<lollC'J IJ I ~ 1 '\'lll'W.:Ill~N1s.:nn. J..'IMV.:I )19NIS:.gll . ,\,111W.:I J10NI'S:nn , U . .. t-jSl:I :6YfU'l1 l-j511 ;GU!UCl~ ~-.:ISl:l :5V)IIOZ ...J II L._._.-1_._ _.I_._._.~ _.J '---.-.-.-.-.- -..:::rac:f.Tl>I~- -.1I . '~iUiiic.;u'Iill' . ..; " . . . -l ......................... aanquewa6eUiew ," jo,lBM.tIp pelJU84U8 ::: padeospu81 .111 ~UIII r~llll "':!.2' .' '1'111 II~I - .~. I Ii'I .jl _~lllil ~~ ~ \ I i;.d"" . . !~ ~ III "". .' '~I ~I _.J fll =::; I! -l ~i' . 'Q)' ,~I 1"1 ~HIII ~cl;;;. . [pllll '~i Iii I1II II <J.C. _~~II_~ ~~~!! I~~~: !~ II I ~ . ......~ ~ "& "e...- ~~'.o "_':&'O,-e ~IIII ~+."""~ 1ih . ~ ~ 5 . . . - ill: j.g E ::..~ l..I_I.~~.~"I!!!I_,<.L.~~~1 j !! ( ~ooOOQun:~~ '",;;-! OOOO.~l9;;;' ;ON~j'!ROOO-09Lll~l9 -;; oi'O~! ! r I I I I 1.1!rf'f.:l 31!lNls,.sn I ...1m.,..:I :n!lNls:un I J..lI~Yj 31OtfIS'"'' III I 1-:601 :6U1UO~ i-.:ISll ;f>UI~1 l-JSll ;6"'\101 I ~ , t . ~ a i ~ i ~ ~ ! ~ . 3 o :ED. n ~. ~ ' " ~o g> t . ~ g i a ~+8BI ~ ~i ~ ~ ~ q ~~ ~ . ~ o ! '" , '! ,! I il! i ~ ~ ,l "l! !II ! 1/ !I! , ., Ill! II!! i' I'll 1,1" ,I I ," '1'1' 111'1'1 dl II I!! i Id ,I !i ','. 'j .i! Ii o"i !i I!! HI I II Iii,!! . III II I~ hi ii' JIIi!1 t I !illi III Hie ~fi ~~: ::: t<. F 88 \'\J.;' EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009, 67285280002, 67285360003, 67285320001 LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA. Document Date: October 14,2008 Page 16 of21 '88 EXHIBITE LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) I. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. In lieu of providing the sidewalks along the balance of the abutting right-of- way, the property owner shall install a parallel row of royal palms on the west side of Trail Boulevard to match the proposed royal palms within the required landscape buffer fronting Trail Boulevard. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to an existing bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle; to permit a reduction to a maximum of five: two (2) to Trail Boulevard, one (I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street; all as depicted on the CFPUD Master Plan. 5. Deviation #5 seeks relief from LDC Subsection 4.06.02.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.EA. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4') foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. Document Date: October 14,2008 Page 17of2! "'8 B 'I'j;f!! , ""j ':.. ,~~~, (TRACT B) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. 1be property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required, 2. Deviation #2 seeks relief from LDC Subsection 4.06,02.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 5.03,02.E.2. and 5.03,02,EA, to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4'J foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line, Document Date: October 14, 2008 Page 18 of21 , 8 B ., 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. The Church shall provide traffic control by law enforcement or a law enforcement approved service provider for services and other periods and events of significant traffic generation, at location(s) to be determined and to be based on need; subject to the approval of 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. 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 1 rt through 3rd, within Tract A shall be limited to 60 persons (llO 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. Tbe traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading. At the time of the study, supplemental traffic counts will be taken to determine the trips originating or leaving the CFPUD through the neighborhood. 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 as a condition of approval for the additional seating capacity of 220 and/or the additional 110 students/individuals. Document Date: October t4, 2008 Page 19 of21 , 8 B ~I (TRACT B) 1. The Church shall provide traffic control by law enforcement or a law enforcement approved service provider for services and other periods and events of significant traffic generation, at location(s) to be determined and to be based on need; subject to the approval of 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 lirst Site Development Plan or Site Development Plan Amendment, as may be applicable, subsequent to the approval of this CFPUD. Document Date: October 14, 2008 Page 20 of2] ROOF LINE Exhibit G 1 ^"omoo~ :;~ i 1 n Ii MID POINT OF ROOF ADJACENT AVERAGE CENTERLINE ROAD ELEVAllON ~ GRAPHIC EXAMPLE OF TRACT A - MAXIMUMS DEPICTED document date: october 1, 20081 site graphic prepared by: planning development Incorporated: engineers, planners and landsoape architects 5133 castello drive suite 21 naples, florlda 34103/239.263.6934 mfernandez@planningdevelopmentinc.com r 8 B HI , 8 B ~~ EXHIBIT H CONDITIONS OF APPROVAL October 7, 2008 1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated August 27, 2008, except as conditioned. 2. Any submitted site devclopment plan (SDP) proposing the expansion of an existing building shall be accompanied by a survey depicting the actual square footage of the building and shall demonstrate that the proposed expansion will not exceed a 20 percent increase in the building's size. 3. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 4. The submitted SDP shall identifY the preserve area setback requirements. 5. At the time of SDP, the applicant shalIprovide a FLUCFCS map for the vegetated areas and shall provide a tree count for the other vegetated areas, such as the pines around the existing lake. 6. The required re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on-site (pine flatwoods) and re-create all three strata; shall not be located in an area requiring ongoing understory clearance or periodic maintenance for water management; and shall not be located within water management areas that are being used for water quality treatment. 7. The following last two sentences of the Preserve Note on the Master Plan shall be deleted: "The created preserve shall be located north of the proposed lake in the general area identified on the CFPUD master plan. The (CP) may be located within a dry water management area provided no water quality is provided within the created preserve." In addition, in Section H of the CFPUD document, the following language shall be deleted: 'The site location for the created preserve is a dry water management area identified on the CFPUD master plan. This location is subject to jurisdictional agency review and approval." 8. The planting plan shall not be part of the rezone package and will be reviewed at the time ofSDP. 9, The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the , 8 B "1 stub-out in the median separating Trail Boulevard and US 41 as depicted on the Master Plan. If the property owners choose to build the bus shelter, then this shelter shall be constructed as part of the first development order. 10. In lieu of providing sidewalks around the perimeter of the site, the property owners shall provide a sidewalk link from Ridge Drive northward to Sand Pine Drive, to connect the site to the existing commercial uses located north of it. If the BCC determines that this request is not in the best interest of the community, then by default the property owners shall be required to comply with the LDC by providing payment in lieu for aJl sidewalks along the site's multiple frontages. , , 8B" Acct. #068779 January 14,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34 I 02 Re: PUDZ-2007-AR-12097; Heavenly PUD Dear Legals: Please advertise the above referenced notice on Sunday, January 25, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk ... P.O. #4500096189 t 88rtl NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE-FAMILY (RSF-1) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, Inc., represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone from the Residential Single-family (RSF-1) zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with a master plan to a maximum of 100,000 square feet of houses of worship, children and adult day cares, a Pre-K through 3rd grade school, and various accessory uses; and an additional 20,000 square feet of children and adult day cares, Pre-K through 3rd grade school and accessory uses contingent upon Conditional Use approval. 'The 15.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by rSD'''l 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 3301 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts (eo~P!}TofCQllier CLERK OF THE ClRCtJIT COURT COLUER COUNTY tOURtHOUSE 3301 TAMIAMI THAlL EAST PO. BOX 413044, NAPLES, FLORIDA"]41 0 1-3044 ~\ tSB Clerk of Courts Accountant Auditor Custodian of County Funds January 14,2009 Mission Possible Ministries, Inc. 621 Ridge Drive Naples, FL 34108 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 10, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 25, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts r~-.-~-\ . ~~:pleqllier CLERK OF THE GIRC1JIT COURT COLLIER COUNTY k:OUR~HOUSE 3301 TAMIAMI UlAIL EAsT PO. BOX 4\3044 .. NAPLES, FLORIDA''t4IOI-3044 ,~~/ ~{x: , 8 B "1 Clerk of Courts Accountant Auditor Custodian of County Funds January 14,2009 The Covenant Presbyterian Church Of Naples, Inc. 6926 N. Tamiami Trail Naples, FL 34108 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 10, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 25, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts et}Nnt)lof Collier {...-"'/ \" t CLERK OF THE C~RCtJIT COURT COLLIER COUNTY .cOURTHOUSE 3301 TAMIAMI l'IjAIL EAsT PO. BOX 41.3044 NAPLES, FLORlDA~41 0 1-3044 }, , SR l' Clerk of Courts Accountant Auditor Custodian of County Funds January 14,2009 Planning Development Inc. Michael Fernandez 5133 Castello Drive Suite 2 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 10, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 25, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Heavenly PUD 12097 Continuance Page 1 of 1 Ann P. Jennejohn , 8 B~'I From: MossJohndavid [JohndavidMoss@colliergov.net] Sent: Tuesday, June 03, 2008 11 :11 AM To: Lindy Adelstein; MurrayRobert; Paul Midney; ReedCaronDonna; SchifferBrad; StrainMark; Tor Kolflat; VigliottiRobert; Wolfley David; Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather; Student, Marjorie Subject: Heavenly PUD 12097 Continuance Importance: High Commissioners et ai, The applicant has just requested a continuance for this petition. This item will now be scheduled for the July 3 CCPC and the October 14 BCC (instead of the 6/5 and 7/22 dates, respectively). Thank you, Jolin-(j)avid'Moss, AICP Principal Planner Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.252.4237 fax 239.252.6968 6/3/2008 12097 Heavenly PUD , Page I of I 8B~' ., Teresa L. Polaski From: MossJohndavid [JohndavidMoss@colliergov.net] Tuesday, June 10, 2008 9:20 AM Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather; Student, Marjorie; Bellows, Ray Subject: 12097 Heavenly PUD Sent: To: This item's CCPC is going to have to be moved again from the 9/4 CCPC to the 9/18 CCPC. The BCC date will remain the same: 10/28. Please let me know if you have any questions. Jofin-(j)avw:Moss, AICP Principal Planner Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.252.4237 fax 239.252.6968 6/10/2008 . 8 B'" Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Thursday, January 15, 2009 3:05 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT290023.txt; PUDZ-2007-AR-12097 - Heavenly PUD [B ::.=J ATT290023.txt (231 B) PUDZ-2007-AR-120 97 - Heavenly... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 . _".~___._..,.,m.__,___.__.,_.,"___,._,_,______..___>~~._"_N_..."r.~-=-.__._..__.___"_.".."__._.~_,,,._._._..,",,"__,,_,'~"""'''~4'___''___"_,_,,, ~'.,~_ Page 1 of 1 t 88 1_ ~ ! Martha S. Vergara From: Martha S. Vergara Sent: Thursday, January 15, 2009 3:05 PM To: 'Iegals@naplesnews.com' Subject: PUDZ-2007-AR-12097 - Heavenly PUD Attachments: PUDZ-2007-AR-12097.doc; PUDZ-2007-AR-12097.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. vergara@<:QIIi~J<:JeIk.wm) 1/15/2009 <"'-~.~~'-----'-~-'---'''-~-_._-'---'~'---~'-'-''''---'''-- Page 1 ofl , 8 all Martha S. Vergara '_^^_~~~_'_m.___..___..__.__.._.____.~.______._._.__ __~__.__. _~____'m_"_"'___"____~_ ___'_'__~_,w,~___._.._.,_____,____,_ ._~w~'~__,___.._.,_.___.__ __,__,~__,_, From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, January 15, 20094:08 PM To: Martha S. Vergara Subject: RE: PUDZ-2007-AR-12097 - Heavenly PUD ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Thursday, January 15, 2009 3:05 PM Posted To: Legals - NDN Conversation: PUDZ-2007-AR-12097 - Heavenly PUD Subject: PUDZ-2007-AR-12097 - Heavenly PUD Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha~~rqara@cQlli"m:Erk.com) Under Florida Law, e-mail addresses are public records. /fyau do not want your e-mail address released in refJponse to a public records request, do not send electronic mail to this entity. Instead, contact this office b.v telephone or in writing. 1/15/2009 __"~'"_"_~_"_~__'_'___'."n__,______"."._...__.,__~.__,_,'__"._.'. M______'_ 12097 Heavenly Page I of I , 8 B " Martha S. Vergara --~_.~_..__..._-*-~-~-_.~.__._-_._~~._._****._~-*._.*...__..**-_._--**--****-_. Sent: To: From: MossJohndavid [JohndavidMoss@colliergov.net] Friday, January 16, 200910:18 AM Ashton, Heidi; Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather; Student, Marjorie; WrightJeff Subject: 12097 Heavenly This item was continued at the eepe hearing yesterday to 2/19/08. Joe has asked me to schedule it for the 3/24 Bee. The old dates were 1/15 and 2/10, respectively. Thanks! Jofin-(j)avitf '.Jvloss, AICP Principal Planner Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.252.4237 fax 239.252.6968 1/16/2009 Page 1 of 1 Martha S. Vergara '8B1' From: Martha S. Vergara Sent: Friday, January 16, 2009 2:13 PM To: 'Iegals@naplesnews.com' Subject: RE: PUDZ-2007-AR-12097 - Heavenly PUD Importance: High PLEASE KILL THIS AD IT BEEN RESCHEDULED TO MARCH AND WILL BE ADVERTISED AT A LATER DATE... PLEASE SEND AN OK WHEN RECEIVED.. THANKS, MARTHA ._-----~~---_._.""_.._^._----_.,~ ._^-----'-'--_._._..'---~---,_._-,-----~,_._--_.,--~~.,_._-~....._,--, From: Martha 5. Vergara Sent: Thursday, January 15, 2009 3:05 PM To: 'Iegals@naplesnews.com' Subject: PUDZ-2007-AR-12097 - Heavenly PUD Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha'\I~rgg[g@c:ollierc:l~rl<.CQm) 1/16/2009 ._____..~__.__,_,__,_...__.'_..._ ., _ _..,_._.,.~h__,._.~,,_,__ Martha S. Vergara l8BH' From: Sent: To: Subject: postmaster@collierclerk.com Friday, January 16, 2009 2:13 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT300420.txt; RE: PUDZ-2007-AR-12097 - Heavenly PUD ""71 ~ L2l',--" "'- / : "'-/ ATT300420.txt (231 B) RE: 2007.AR-12097 - H, This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 , 8 Ble Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, January 20, 2009 9:15 AM To: 'Iegals@naplesnews.com' Subject: RE: PUDZ-2007-AR-12097 - Heavenly PUD Resending because I haven't gotten a response from you... Will you please KILL this ad and send an OK when this e-mail is received. Thanks, Martha From: Martha S. Vergara Sent: Friday, January 16, 2009 2: 13 PM To: 'Iegals@naplesnews.com' Subject: RE: PUDZ-2007-AR-12097 - Heavenly PUD Importance: High PLEASE KILL THIS AD IT BEEN RESCHEDULED TO MARCH AND WILL BE ADVERTISED AT A LATER DATE... PLEASE SEND AN OK WHEN RECEIVED.. THANKS, MARTHA From: Martha S. Vergara Sent: Thursday, January 15, 2009 3:05 PM To: 'Iegals@naplesnews.com' Subject: PUDZ-2007-AR-12097 - Heavenly PUD Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (rni'lr1:b9_.\ief9-qIiI@c;Qllierclerk,colD ) 1/20/2009 Martha S. Vergara t 8 B \.~I From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, January 20,20099:15 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT307534.txt; RE: PUDZ-2007-AR-12097 - Heavenly PUD 7:1 ~ i':-..;.."I C::j ATT307534.txt (231 B) RE: 2007-AR-12097 - H, This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ~___.________...~~~_~.,,_.~.,__...~, __ _, '___"'__"h._._.,_~~~..,____~.__.__._,_~_,_,_^,___,_ ".'_.~' Martha S. Vergara ~ 88 II:.'~ From: Sent To: Subject Pagan, Emely [EPagan@Naplesnews.com] Tuesday, January 20,20092:12 PM Martha S. Vergara Ad Confirmation Attachments: UAS5FA.jpg ~ t was this one that you requested to cancel. I canceled it on Friday. UASSFA.jpg (118 K8) Petition: PUDZ-2007-AR-12097, it's NOT publishing Jan. 25. Thanks, Emely Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 01/20/09 NDN 744102 1769921 $0.00 1 ,~------_...-,~---~._.~-..._,--.-_._,."".~~.~~,".~.._..,.>.~'. -'--"._..-.^..~-,,_.."--~_. ..~.._.'--_.."._- , 88 i' , i COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) cr **k****************************************************kkk******************************** * kk** Originating Dept/ Div: CDES.!Zonine Person: John-David Moss, Alep Date: . Petition No. (If none, give brief description): PUDZ-2007~AR-12097, Heavenly PUD Petitioner: (Name & Address):Michael R. Fernandez. Alep. Planning Development Inc., 5133 Castello Dr., Ste. 2, Naples, FL 34103 Name & Address of any person( 5) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) The Covenant Presbyterian Church Of Naples, Inc., 6926 N. Tamiami Trail, Naples, FL 34108; Mission Possible Ministries, Inc., 621 Ridge Dr., Naples, FL 34108 Hearing before Bee BZA Other Requested Hearing date; March 24. 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ~2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.. are requesting a rezone from the Residential Single~farnily (RSF~l) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permitre development consistent with the Master Plan to allow a maximum of 80,000 square feet for u house of worship, including day care facilities, a Pre-K through third grade school, and various accessory uses for Tract A; and an additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through third grade school andaccessory uses for Tract B. The 15.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs; PO Number: 4500096189 for Account Number: 068779 2(zC(/o1 Date ' DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document 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 DivisiQn Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **w**w*******~************.******.**********w****************************.*****************************.** FOR CLERK'S OFFICE USE ONLY: Date Received: # Date of Public hearing: ~ Date Advertised: ~ Page 1 of 1 r 881~ Teresa L. Polaski From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Tuesday, February 24, 2009 2:48 PM Minutes and Records Subject: Legal Ads tor March 24th Bee Attachments: SV-08-AR-13618 Resolution.pdt; SV-08-AR-13618 Legal Ad.pdt; PUDZ-2007-AR-12097 Legal Ad.pdt I have 2 legal ads coming your way for the March 24th Bee advertising. 1 of them does not have the Ordinance with it. We are waiting on the eOA to approve it at this time... I have a third one that I am waiting to come back from Susan Istenes. If I do not get it today I'll send it first thing Thursday morning. This one will not have a resolution with it. I will be out of the office tomorrow for medical reasons. (leather L. Ramirez Planning 'Technician Zunillg ,\; L;:\nd Devc!o!)ment Review 1'11: F"x: (239)-2526366 email: 11.::lth..r[bmirez@coj)lergov.net 2/24/2009 , SRi (, ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-l) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93= ACRES; AND BY PROVlD1NG AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P .A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-l Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavcnly CFPUD, in accordance with Exhibits A through I, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page I of2 , 8 a ,,, SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: - f\ \-\(/lI~ /0 ":I/v Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide ofYertical Building Height Exhibit G-I- Graphic Depiction & Guide ofY crtical Building Height-Tract B Exhibit H - Conceptual Architectural Rendering Exhibit I - Conditions of Approval CPI08-CPS-00840160 2/25/09 HFAC Page 2 of2 February 23, 2009 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I , 8B~n!f I ~ J Page 1 of17 , V'~I , 8 B "~'" EXHIBIT A GENERAL: Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan (OMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to I sl through 3'd; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. 'Ibe 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 pemlit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. February 23, 2009 Page 2 of 17 , 88 (TRACT B) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. One Houses of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1" through 3'd; with no more than a combined cumulative total of 220 students/individuals enrolled for the entire CFPUD. The allocation to Tract 13 shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different o'Wnership] provided the total nwnber 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 associatcd with the permitted principal uscs 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. February 23, 2009 Page3 of 17 , 801'';'' . -n.. 'i:~' :' EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). - PRINCIPAL USES ACCESSORY USES ------ - MINIMUM LOT AREA 14clc acres N/A MINIMUM LOT WIDTH 538 ft. N/A ---- MINIMUM YARDS (from right-of- way line abutting thc property) Existing 'The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildil1gs(5) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS '--'--- MINIMUM YARDS (between tracts) -----0'_.. Side 30 ft. SPS _m_"_ MIN. DISTANCE BETWEEN The greater of 15 ft. or Y, the sum of the SPS STRUCTURES zoned buildingheights - MAXIMUM ZONED HEIGHT 35 ft. 35 ft. \IV) ~"~.- 50 ft(I)(2) - MAXIMUM ACTUAL HEIGHT 50ftY) (IV) MAXIMUM NUMBER OF STORIES New i3) 2 Existin"!Exnanded I SPS -- MINIMUM FLOORAREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARF; FOOTAGE(4) -- House ofWorship(6) 28,000 sq. ft. Accesspty Uses(7) (9) 40,000 sq. ft. Circulation/Maintcnance/Storage 12,000 sq. ft. PRESERVE SETBACKSfST 25 ft. - 25 ft. --- SPS~ Same as Principal Structure (I) Includes the vertical distance between the finished l100r elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height of the house of worship may be exceeded by up to 30 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0 I.D.l, as may be amended. (2) February 23, 2009 Page 4 of 17 February 23,2009 , 8 8 ~I (3) (4) The maximum combined square footage of such building elements shall be 4,000 square feet. See Exhibit G for graphic depiction of vertical elevation measurement. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPCD exceed 100,000 square feet. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of20% of the building's square footage as of the date of PUD approvaL A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. House of worship square footage not utilized shall be available for accessory uses. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be govemed by applicable LDC provisions in effect at the time of SDP A application. The Child/Adult Day Care/Pre-KfKindergartcn/School use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. Buildings located outside ofthe"church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in hej ght. (5) (6) (7) (8) (9) (10) A. Buffers 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SOP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. Page 5 of 17 · 80~i' , '-""1 (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a mininmm height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of] 2 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further rcstrictcd to interior parking lots and at ingress-egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8c!cacres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3c!c acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3c!c acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year stonn event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water managcment areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed though the proiec[ to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then ultimately to the Gulf of Mexico. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be February 23, 2009 Page 6 of 17 m'~' ."' located outside of the Tract A managemeut containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water. management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow throu"h the proiect to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs may shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas wben hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely indude the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time ofreview and approval of the !irst SDP. L Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract February 23, 2009 Page 7 ofl7 88 i,1 .;~~;::,'J ',;J A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be excccded until 9:30 p.m. up to 4 tinles per month [or accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and ] 0:30 pm. 2. Adult care: 3. Non-worship use of the facilities: DEVELOPMENT STANDARDS FOR TRACT B Together with the text that follows are the development standards for land uses within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES .. ACCESSORy...... . .. USES - ----, MINIMUM LOT AREA l. 9x acres N/A - .. .--~-~ _.-._---_.---- MINIMUM LOT WIDTH 236 fi. N/A . - MINIMUM.Y ARDS'" . - '-'- u -._-~. Front Existing The greater of 30 ft. or the zoned height of SPS structure SPS Expanded buildings(7) 50 ft. for expanded portion SPS New structures 50 ft. - Side SPS Existing 20 ft. New structures 30 ft. "--- MIN. DISTANCE BETWEEN The greater of 15 ft. or II, the sum of the SPS STRUCTURES zoned building heights - -....... MAXIMUM ZONED HEIGHT 35 ft 35 ft. - 45 ft(L)(l) 45 ft(L) MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES i3) 2 ------- -.-.-.- -- MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE "J House o[ Worship(5) 5,600 sq. ft. Accessory. Uses 12,400 sq. fi. Circulati on/Maintenance/Storage 2,000 sq. ft. February 23, 2009 Page 8 ofl7 , 8 B f~ SPS= Same as Principal Structure A. Buffers (I) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. House of worship square footage not utilized shall be available for accessory uses. The maximum square footage of any individual room shall be less than the square footage of the house of worship. Expansions which add square footage to any existing individual building are limited to cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building pemlit applications. If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square-footage of all structures on Tract B do not exceed 20,000 square-feeL If Tract B and Tract A arc owned or controlled or developed by the same person or entity, there will be no direct access to or from West S treeL (2) (l) (4) (5) (6) (7) (8) (9) 1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently with the redevelopment improvements in their proximity. All right-of-way perimeter landscape buffers shall be installed with the first SDP for a new permanent building on Tract B. 2. All required buffer trees along Ridge Drive and West Street shall be shade trees Quercus virrdniana. 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maxmmm height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting al1eriallevel requirements at ingress- egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways February 23, 2009 Page 9 of 17 , 8B ~~~: -" '".;, , ;,: ~'t~:<.. ,;,qC'! ,"'~., 'j, Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with the reconstruction, replacement or demolition and removal of the existing buildings. Thereafter, the ingress-egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.Rtacres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.H acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross area of Tract B. E. Water Management The existing 3.3", acre borrow pit lake, shall be reconfigurcd and relocated as depicted on the CFPUD Master Piau. The project shall provide the greater of (l) the capacity rcquired by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at thc time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directcd towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through. the proiect to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then Pelican Bay ultimately to the Gulf of Mexico. Water managcmcnt areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outsidc of the Tract A management containment bcrm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shan at a minimum provide for the following non-cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stonnwater management capacity shan provide compensatory water quality for the portion of West Street adjacent to the project. February 23, 2009 Page 10 of 17 '88 "~ 'i ~~;.. , .:'<...... . :~,' . The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that pcrmits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural clements which create and provide for an articulatcd roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats ",~thin the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-ofT parking areas shall be 100. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. L Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for accommodation of special functions. 2. Adult care: 3. Non worship use of the facilities: 4. 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I !I - !i I I , 8 B' .~x" ;j"l . t,,\~: ;':~(t , "'.',t. EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009,67285280002, 67285360003, 6728532000] LOTS 1-7 AND ]0-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED]N PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. February 23, 2009 Page 13 of 17 r 8811 EXHIBIT E LIST OF REQUESTED DEVIATIONS .FROM LDC (TRACT A) I. Deviation # I seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation #4 seeks relief from LDe Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (I) to Myrtle Road, one (I) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. 5. Deviation #5 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be rcquircd and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.EA. to eliminate the requirement for a nonresidential dcvelopmcnt located opposite a residentially zoned district to provide a four (4) foot ma~onry wall or prefabricated concrete wall located a minimum of three (3) fcet from the rear of the right-of-way landscape buffer line. February 23, 2009 Page]4ofl7 'n811 (TRACT B) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between Tracts A and 13; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of ] tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LOC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. February 23, 2009 Page 15 of 17 19n'e,- 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 intemal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at 10cation(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 dosed at dusk. 5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre- KlKindergarten / School, limited to I st through 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 (110 for the entire CFPUD), until US 41 tum lanes serving the site arc extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-KlKindergartenlSchool linlited to I st through 3,d for the entire CFPUD is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood ("the base"). 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 February 23, 2009 Page 16 of 17 ~ 8 B l' will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to 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 220 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 paragraoh. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) I. For services and other periods and events of significant traHic 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 13 prior to issuance of the first Site Development Plan for a new permanent building on Tract 13. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. 4. Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live. recorded OrAillolified music of anv kincl prior to 8 a.m. or after 9 p.m. February 23, 2009 Page t7 of17 EXHIBIT G JOB CODE: HCFPUD SCALE: 1"-]0' -. a u <: -1 . -------F' ----------- . " DATE: J2.2JlfI FrLENAME: Exhibit U -~~ Mid Point of Roof ~-~-P~ ------- _L~ J ~.--- ~------ Roof Line -~ ~- -~ , 8 B ~ 1 i 1 1 " "'il o o " J 1 ~ 1 ----____ Mid Point of Roof ----c________~ 1 1 :E JJ t:" Q, GRADV MINOR & ASSOCIATES, P.A. t' ~7' ., L1VILL'(;I~L~!,. L,,~'U SV.Vtyo~s. ~lA"~"KS . L.'Nl>S('~"' 1VI.~111n:(TS " "'''T<'''''''' . "'*'>I"'al; . >0:,,,,,...., . . ~, .... ,;,--::'.'"':,, ...:.. ,',""',':"". .::~'.'~':': """. -,..,.. ..'wv.',OIlA.'.W""~~.('()~r ~ Adjacent A verag.e Centerline Road Elevation Front Elevation f ~~~ ------ Pennittcd E1l.c1u.<;ion5 Limitoo to 4,000 s,f. Maximum 1 ~ ~ < S1 Adjacent Average Centerline Road Elevation Rear Elevation 8!B~'1: -' -< ::> '!f- UJUI- >-<:I: O:;tQ . ::>UJ ~::;'!I ~- NON-OCCUPIABLE BUILDING ELEMENTS ELEV. '" 52'..()" MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTIlNG ROAD ELEV. = 45'.-{)" MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV. = 35'-0" FINISH FLOOR HEIGHT ELEV. = O'..()" AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX. REV. = -4'-0" A GRAPHIC EXAMPLE OF "TRACT B" - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of "Tracl B" Florida Community Bank Collier County, Florida DATE: February 18. 2009 y:,-:~;, ,.,.,...... -'.", ';'.\i.' -~:- ~ . ".'~")'~ HUMPHREY. ROSAL ARCHITECTS 3200 9TH ST. NORn-t SUITE #300 NAPLES. FLORIDA 34103 (239):':GJ-4201 FAX (2391263-4451 6,h,b,} 6-1 81 qt' Exhibit H Conceptual Architectural * R 'P' . ,J t . ',~l\I""'."f~k~ .... ',':V." /:7 * 'lhis ardritEdurall'BX8:irg i.~~. MfI!-AmHNl'l ~ te mrlo as ro:pirrrllD te <XI'liiBlB1t .lith qpl;rry>l" g:M'nnffi: ~ ~~. 8'8 t i, EXHIBIT I CONDITIONS OF APPROVAL February 3, 2009 1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through January 16,2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tmct B of the Master Plan, shall close when this tract redevelops. 3. The required O.12-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on-site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the stub-out in the median separating Tmil Boulevard and US 41 as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. '8B Acct. #068779 February 26, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2007-AR-12097; Heavenly PUD Dear Legals: Please advertise the above referenced notice on Sunday, March 8, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 8811f NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 24, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE-FAMILY (RSF-l) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone from the Residential Single-family (RSF-1) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with a Master Plan to allow a maximum of 80,000 square feet for a house of worship, including day care facilities, a Pre-K through third grade school, and various accessory uses for Tract A; and an additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through third grade school and accessory uses for Tract B. The 15.93- acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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 5 minutes on any item. The selection of an individual to speak on '88 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 3301 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts emipfy 6fCOllier CLERK OF fHE ClRCt.JIT COURT COLLIER COUNTY,COURTl'WUSE 3301 TAMIAMI TMIL EAST PO. BOX 413044 NAPLES, FLORIDA~4101-3044 ;\J "',,0/:: ~~8B Clerk of Courts Accountant Auditor Custodian of County Funds February 26,2009 Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. Richard Y ovanovich 4001 Tamiami Trail North, Northern Trust Bank Building Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 8, 2009. You are invited to attend this public hearing. Sincerely, Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com _'____O,"'M _,_..._~.._..._"_~~,_.",.~~..,,_.. -------~~, ,",,- 8 B Dwight E. Brock Clerk of Courts '~ntY:~of e'QIlier I., ',. .. CLERK OF THE ClRCl!,JIT COURT COLLIER COUNTYtOURTHOUSE , 3301 TAMIAMI1'1J.AIL EAST P.O. BOX 41}044 . NAPLES, FLORIDA '34 JO 1-3044 Clerk of Courts Accountant Auditor Custodian of County Funds February 26, 2009 The Covenant Presbyterian Church Of Naples, Inc, 6926 N. Tamiami Trail Naples, FL 34108 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 8, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@J.collierclerk.com Dwight E. Brock Clerk of Courts \e~~ty"oTl~ollier .,'uR+ '.'. CLERK OF THE CIRCUIT COURT COLLIER COUNTY tOURT)-IOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4 \3044 NAPLES, FlORlDA14101-3044 , >",J. -;1'.:: 88 Clerk of Courts Accountant Auditor Custodian of County Funds February 26, 2009 Mission Possible Ministries, Inc. 621 Ridge Drive Naples, FL 34108 Re: Notice of Public Hearing to consider Petition PUDZ-2007-AR-12097: Heavenly PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 24, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 8, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~cL, "c., F Martha Vergara, Deputy Clerk \. Enclosure Phone (239) 252-2646 Website: www.collierc1erk.com Fax (239) 252-2755 Email: collierc1erk@collierc1erk.com Page I of I 88 Martha S. Vergara __.___^_._____.___~~,____.._~__'__._.._~__*_~_'_ ...__~.____________,__~_____.__~_._._.~._. "_*'.______._n_.___..__.'______.____._. From: Martha S. Vergara Sent: Friday, February 27, 2009 2:56 PM To: 'Iegals@naplesnews.com' Subject: BCC Special Meeting Notice - RLSA 5 Year Plan Review (Phase II) Attachments: BCC Meeting Notice RLSA 5 Year Review (Phase II) -S,doc; BCC Meeting Notice RLSA 5 Year Review (Phase II) -S.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (milrtb-'l.vergilJil@~_QlIierclerk.cQm) 2/27/2009 8B ~ Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Friday, February 27,20092:57 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT112669.txt; Bee Special Meeting Notice - RLSA 5 Year Plan Review (Phase II) 7'1 '~ F:~>l L..J ATT112669.txt (231 B) Bee Special vteeting Notice - R.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page I ofl Martha S. Vergara 8'B~. ---- - ---~~----- -------- - ----- --- --- -~-~---- -------~------*---- From: Doll, Karen [KSDolI@Naplesnews.com] Sent: Monday, March 02, 2009 11 :00 AM To: Martha S. Vergara Subject: RE: PUDZ-2007-AR-12097, Heavenly PUD Ok 0_ _______________________._._ _____..,.._....____,_.,_______.__.__,___. _____~._.___.______.._ _.___._____m_~_..._.____._._.______~____________.__.__...--.------.--. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Friday, February 27, 2009 2:54 PM Posted To: Legals - NON Conversation: PUDZ-2007-AR-12097, Heavenly PUD Subject: PUDZ-2007-AR-12097, Heavenly PUD Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax ([l1ilrtha. YeI9il[i'!@WlliercleJ~._c9_[l1) Under Florida Law, e-mail addresses are public records. lfyou 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. 3/2/2009 ':puD7-- }OOl- A~- 12091 -&Ov'JeMlc\ TVD ~ 8 B NOnCEOf'INltNTTOCONSIOEIIlnQUlNlCt Nol~ I. hereby at... tMt on TUESDAy, Mal'Ch 2" 2009. In the ItQeii:Jtoom, Srd Floor, Administration &ulldlnO, Collier Cl......lty Government center. 3301 East Tamlemi. rrall.Naples, Florida. the, ,Board of countY. ~ will consider the enactment of a' CCNttty,Ordlnap.ce. ,The meeting will, com- mence at 9:00 A.M. The tttle of the prOpOSeO Ordi- nance is as follows: AN ORDINANCE OF 1I<E 8OMo OF CllUNTY COM. M1SSIONtRS ,OF COLLIER :eOUNT'V,~fLO.IOA. AMENDINGOfttUNANCE NUMBER l'004..U.AS AMENIllO, T.IlE COlliER COUNTY ~==' MENT CODE WHICH INCLUDES THE, , 'VE ZONING -MEGUUnONS FOR THE UNfN' , RATED AREA OF CO\.UlIII COllNT'f FLOlIloA. IlY 'AM.,.olNG THE APPROPRIATE. ZotllMt ATLAS MAP OR-MAPS BY CHANllING1I<E ZONING CI.A=I :nON OF THE HEREIN 1JESCRl8IO flfAL:PRO ' fROM A SlN- GLE-FAMILY(ASF.1) ZONING E>>S RleTTO A COM. MUNITY FACILlTYPLANNlD- UNIT DEYELOPMENT (CfPUO) ZONINGOISTRICTFOFl A PROJECT KNOWN AS THE HEAVENLYCFPUO. LOCATU> IN, SECTION 3, TOWNSHIP 4fl SOUTNilsRANeE 2SEAST, COlLIER COUNTY,Fl.ORlDA.CO IstING OF 15.93+/- ACRES; AND IV PROVIDI!llQ AN EFFECTIVE DA1E. Petition:, PUOZ.Z0Q7.AR-12097, 'The COvenant Presby. terian Church of Naples. J,nc. and FlClf'Ida, communi. '" """'" NA, _ntoil by Rlehanl 0. yoy""""lcl1 of GooCUette, Coleman,' Johnaon"yqvanovlch & Ko.ste, r, P,'~,"" ~ are req~estlMl a Iezone from the Relldelltlal ~...tHY(R$F.l) Zoning Olltrll::1: to theCOn1lm.intty,,,I'tMDfd UnltDtVe nt (CFPIIOl ,2on10.l>i'" ~ =Oloct \0", ~wn as HeavenlY OfPtJO. w ' a fTII'n\OriaUle the exlstft\g church uses woul, permit r8dt\t.lop- ment, cOnslstentwJth a master plan to a malmui'n of ...... square feel for . houIO' of worship, I_d. I... d.y WO$ Iacll_ . p,.j\ thrtllJ.h third ...... schoOl. II\d VVIj .ccusor;., use. fOT, Ttact A; and .n "'dltlonal_C_~' _.. of wor- ship IncludlnGw'adldt . <cares. Pre-K thrOuQ!1 tnIrcf e ~ Md' ' UtIel for Tract 8. The 1. -acre IUb)fCt PI"OP:8t'tY I located at 6926 Trail Boulevard,anG,eomprllH thlll entire block bounded by Ridge ,Drive, West street.' MYrtle Road and Tratl lOulevird In seetlon3. TOWnlhfp 49 South, Ran.. 2S East 01 Collier COUnty, Aorld.. Caplet of the 'PfO'~ed Ordinance are on file with tne clerk to' the ' and ,are avail e for In. ec. tlon. All Intereate parties are In~ecl to a:"d and be heard. NorE: All _. wlShl...'O 'p"'k on any ....nd. Item must register wlttlthe county admli1lstretor prior topruematloo of the~ :ltemto.be, ad- dl'e, &Sed. .Indlv\duat J~akerswlll be llmlted.to 5 minutes on any Item. Thlselectlon of an IndividUal to spea$l; on,b4thatfofan orQaAlJatlondr oroup Is encouraoed. If recogmzedb}'the-Chafrman, a sAoke.person for.. ,group or oraanba, lion may be anotted 10 minutes to spelkon an TtJrn.. . Persons wtshlng to have written- or grapf:llc materl. alslncl,ucled In the Boa,rd a"fnda Pack, e~s must subnJlt ~~!Mterlal a m1nlrnumof 3 Mlklprl9r to the res..,....!>..,e ~lc ~ng. :In any c:a.se.wrltten materialS Intended to bill conakfere(l by ~Ioard .haII bo,_Itte<l .., the ~' """""'Staff .li1h\lInlilil"'.....,-_ the_...... I.... AII_/llIed1n """"".the BOard wlll_' _ant oa!l Oftile,reeord. Any ~n who deeldU.to ~'.a~. l.lf the BoW wID ne:ed a ,rtoOrdOf.tI}e P'" '. per. tzIlnlng ttIenMO: anO".~'may rited to. "sure thal . _ reeord Of the 01'_"" IS _.. whlch reei:trdtneludel the tIIst1J11Ony .~evtdtnce uponwhtehtheappeelltbaHd. "'. '.' If you are a P.4Irson with. a dfsabRltv whO needs any aCcommo<\IUtC)n in order to t*tlcfp'-te In thiS pro- ceedln;.," . yot,I .... ,e ..t no. c<lst to you:, to the J>IO_ ... ' 01_ .ontaot t.. 'l>>Iller_' .M~_nt. hica,ted- 'at. U01' Taft'll r . as Bulfdlng W. Naples, Flor,'" "'~112~ 39)2 .. =A'Slst~ lis. tenlng devices for "the .Inu 1m N!CI. are aVIlII. ablelnftteCOunt)'. '. . , BOARD OF COUNTY COMMISSIONERS COUIER-COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Bli: Martha vergara. Deputy Clerk <=Jh8. . ""'1llll14'7 Naples Daily News Naples, FL 34102 Affidavit of publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - . BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59564531 4500096189 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/08 03/08 Sworn to and Personally known by me , ,\ . >\ 88 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofticc. The completed routing slip and original documents are to be forwarded lathe Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the excention of the Chainnan's silrnature, draw a line throue:h routin!! lines # 1 throwzh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin2: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Conunissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oftne addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehairman 's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number , Agenda Item Number Number of Original Documents Attached lub,~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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 ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc. that have been fully executed by all.parties except the BCC Chainnan and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 Bee's actions are nullified. Be aw re 0 your deadlines! Tbe document was approved by tbe BCC on nter date) and all cbanges made during the meeting have been incorporate in tea tached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not Applicable) 2. 3. 4. 5. 6. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Revised 2.24.05 88 ~ MEMORANDUM Date: April 9, 2009 To: John-David Moss, Principal Planner Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2009-15 Enclosed please find one (1) copy ofthe document as referenced above, (Agenda Item #8B), which was adopted by the Board of County Commissioners on Tuesday, March 24, 2009. If you have any questions, please call me at 252-8411. Thank you. Enclosure 88 MEMORANDUM Date: April 9, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009-13 and 2009-15 Attached, for your records you will find one (I) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, March 24, 2009. If you should have any questions, please call me at 252-8411. Thank you. Attachments (4) ORDINANCE NO. 09-15 88 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-l) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93cJc ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification ofthe herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-l Zoning District to a Conununity Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page I of2 88 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 1..!i.-~ay of /It.;...,~ ,2009. ATTEST: DWIGH'FfIl.B,ROCK, Clerk ~ '... '. ..: ....'''........''.... ......;:, . ~ :;"." ...'~ ."" C '. ~ L J '~. . '" . , >C" ..., '\'-'_ ~~,t~"~:~IAha ?fjjJY perk , i QIlatotoi\' OIl' · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ;ft~ d~~ DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~i:!t~,po t!<V 0' 0- ",.0 ,,'} Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide of Vertical Building Height Exhibit G-I- Graphic Depiction & Guide of Vertical Building Height-Tract B Exhibit H -- Conceptual Architectural Rendering Exhibit I - Conditions of Approval CP\08-CPS-00840\60 2/25109 HF AC Page 2 of2 March 25, 2009 88 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I Page] of J 8 EXHIBIT A 88 GENERAL: Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-KlKindergarten / School, limited to I sl through 3rd; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 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: I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. March 25, 2009 Page 2 of ] 8 88 j (TRACT B) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: I. One House of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. SociallMeeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to 151 through 3rd; with no more than a combined cumulative total of220 students/individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. March 25, 2009 Page 3 of 18 EXHIBIT B 88 DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not spccifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site dcvelopment plan (SDP). PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA J 4"= acres N/A MINIMUM LOT WIDTH 538 ft. N/A - MINIMUM YARDS (from right-of- way line abutting the propcrty) Existing The grcater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings(S) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS ~- MINIMUM YARDS (between tracts) -- Sidc 30 ft. SPS ..-.- MIN. DISTANCE BETWEEN Thc greater of 15 ft. or Y:z the sum of the SPS STRUCTURES zoned building heights .-. 35 ft. (lU) MAXIMUM ZONED HEIGHT 35 ft. MAXIMUM ACTUAL HEIGHT 50 ft( I )(2) 50ft(l) (10) MAXIMUM NUMBER OF STORIES I New 2(3) 2 Existing/Expanded J SPS .. MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE(4) House ofWorship(6) 28,000 sq. ft. Accessory Uses(7) (9) 40,000 sq. ft. Ci rculationlMai ntenance/Storage 12,000 sq. ft. PRESERVE SETBACKS'" 25 ft. 25 ft. . SPS= Same as Principal Structure (1) Includes the vertical distance between thc tinished tloor elevation and the average centcr line elevation of abutting roads, which is estimated to be bctwccn 4 fcct and 5 feet. Maximum actual hcight of the house of worship may be exceeded by up to 40 feet by non. occupiable building clcments, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0J.D.J, as may be amended. (2) March 25, 2009 Page 4 of 18 March 25, 2009 (3) (4) ;8 The maximum combined square footage of such building elements shall be 4,000 square feU See Exhibit G for graphic depiction of vertical elevation measurement. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the san1e ownership, then the permitted intensity shall be aggregated, provided that in no evcnt shall the square footage of all structures within the boundaries of the CFPUD exceed 96,000 square feet. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed and all prior expansions since thc date of PUD approval, shall be submitted with the associated SDP A and building permit applications. House of worship square footage not utilized shall be available for religious educational classrooms. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for all principal and accessory structures. Setback proVIsIons, relative to preserves, for parking lots, sidcwalks and othcr site improvements shall be governed by applicable LDC provisions in effcct at the time of SDP A application. The Child/Adult Day Care/Pre-K/Kindergarten/School use shall be located a minimum of 200 feet from West Street, Ridgc Drive and Myrtle Road. Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 fect in height. (5) (6) (7) (8) (9) (10) A. Buffers I. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the rclocation of the lake. 2. All required butTer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet centcr. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape butTer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this doublc hedge row. Page 5 of 18 88 (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress-egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall havc a maximum height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways will be eliminated or reconfigurcd, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space The project will provide and maintain a minimum of 30% of gross projcct area [i.e. not less than 4.8Ooacres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water managemcnt arcas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.300 acrcs] as open space. Build-out, relative to this provision, shall bc the time when 80,000 square feet of structures cxist within Tract A. E. Water Management The existing 3.300 acre borrow pit lake, shall be reconfigured and relocatcd as depictcd on the CFPUD Master Plan. The project shall providc the greater of (I) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water managemcnt design standards at the time that development order approval is sought. Capacity may be met, in part, with dry watcr management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through thc project to the west, through cxisting or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then ultimately to the Gulf of Mexico. March 25, 2009 Page6ofl8 88 " ~ Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requiremcnt (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow through the project to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting butfer and landscape areas shall utilize the Land Development Code development standard that permits vehicular ovcrhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the lirst SOP. l. Parking Space Requircments and Restrictions. March 25. 2009 Page 7 of ) 8 188 The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-ofT parking areas shall be 500. Should Tract B and Tract A be in the same ownership, then the permittcd parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: I. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. 2. Adult care: 3. Non-worship use of the facilities: DEVELOPMENT STANDARDS FORTRACTB Together with the text that follows are the development standards for land uses within Tract B of this CFPUD Subdistrict. Standards not spccifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY USES . MINIMUM LOT AREA 1.9el, acrcs N/A . MINIMUM LOT WIDTH 236 ft. N/A MINIMUM YARDS (') . Front Existing The greater of 30 ft. or the zoned height of SPS structure. SPS Expanded buildings(7) 50 ft. for expandcd portion SPS New structures 50 ft. . Side SPS Existing 20 ft. New structures 30 ft. MIN. DISTANCE BETWEEN The greater of 15 ft. or y, the sum of the SPS STRUCTURES zoned building heights .. MAXIMUM ZONED HEIGHT 35 ft 35 ft. MAXIMUM ACTUAL HEIGHT 45 ft.(l)(2) 45 ft.'l) MAXIMUM NUMBER OF STORIES 2(3) 2 ... MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. ~ "-.- . "--- March 25, 2009 Page 8 of 18 MAXIMUM SQUARE FOOTAGE House ofWorship(5) Accessory Uses and Circulation! Maintenance/Storage 5,600 sq. ft. 10,400 sq. ft. (of which a maximum 2,000 sq. ft. may be circulation and storage) (I) SPS= Same as Principal Structure (2) (3) (4) A. Buffers (5) (6) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. House of worship squarc footage not utilized shall be available for accessory uses. The maximum square footage of any individual room shall be less than the square footage of the house of worship. Expansions which add square footage to any existing individual building are limited to cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square-footage of all structures on Tract B do not exceed 16,000 square-feet and the maximum permitted heights for Tract Bare maintained. Additionally, the Music and Hours o{Operation for Tract B shall still apply. If Tract B and Tract A are owned or controlled or developed by the same person or entity, there will be no direct access to or from West Street. (7) (8) (9) 1. Except as otherwise required or provided herein, perimeter butTers shall be installed concurrently with the redevelopment improvements in their proximity. All right-of-way perimeter landscape buffers shall be installed with the first SDP for a new permanent building on Tract B. 2. All required buffer trees along Ridge Drive and West Street shall be Quercus virginiana. March 25, 2009 Page 9 of 18 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall b: grUd maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximwn height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress- egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress - Egress Driveways Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with the reconstruction, removal, replacement or demolition of the existing buildings. Thereafter, the ingress- egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a mInimum of 30% of gross project area [i.e. not less than 4.8*acres] as open spacc. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water managcment areas and lakes. At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3* acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross arca of Tract B. E. Water Management The existing 3.3* acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) thc capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then Pelican Bay ultimately to the Gulf of Mexico. March 25, 2009 Page 10 of 18 88 Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system ifand when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non-cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvcments between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-ofT parking areas shall be 100. Should both Tract Band Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. 1. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the Page 11 of 18 2. Adult care: 3. Non worship use of the facilities: 4. Worship March 25, 2009 5. Music acconunodation of special functions. Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. 88 ''1 March 25, 2009 Page] 2 of 18 ~l- ~ , j' 'I' ': I[ :'m:____ u~~___'.tm_umm__~ j J - a\fOH 31UlAW ~_,""""""'U" -- -- -~,-- --,-- -- --..-,--.-- , , : , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ....' Wi: <<!: ....1. lo I' " ~ : " " , , , , , , , , , , __ n=__'--~--n-: -, V3~V lN3W3~YN't'W .., "",M, ',"'," 'YH", " .',' . 03dY~S(]NY1. .' '. I , IJl" 6~I J z . " " z w . , z 0' =:Eiu w o ~ . " ~ ~ , , ~ , , , , ' , , , , " , , , , , , , , , , , ~._._._.J , , ~: ,~ ' \I~ : ~~q c I~I: ! ~ p'ffi ~ ru (I i,~ "\\~ ~ \il; ~.... :,~ 0.: '0 ;,! 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'; c;: 'H nil -~F " 0~ ~, ~ 1 ~ , i I ! ~ ilil ~ , I iil !i ii ii' ii 11 ~ ~ ~ ! ~~ ill' ~ ~ '~ H:l H:j EXHIBIT D 88 LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009,67285280002,67285360003,67285320001 LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED TN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RfDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLfC RECORDS OF COLLfER COUNTY, FLORfDA. March 25, 2009 Page 14 of 18 88 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) 1. Deviation # I seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplislunent of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trces for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required bufler trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximwn of five pedestrian pathways to: two (2) to Trail Boulevard, one (I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street in the locations depicted on the CFPUD Master Plan; AND to pemlit them in locations other than along one side of the drive aisle. 5. Deviation #5 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrcte wall located a minimum of three (3) feet from the rear of the right-of-way landscape bufler line. March 25, 2009 Page 15 of 18 8B (TRACT B) 1. Deviation # I seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 lincar feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for pcrmitting as a single SDP, the buffer would not be required and therefore this dcviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear ofthe right-of-way landscape buffcr line. March 25, 2009 Page 16 of 18 EXHIBIT F 88 LIST OF DEVELOPER COMMITMENTS (TRACT A) I. 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 scrvice providcr as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total numbcr of students/individuals enrolled in Child/Adult Day Care / Pre- KlKindergarten / School, limited to 1st through 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 (110 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traflic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-KlKindergarten/School limited to I st through 3'd for the entirc CFPUD ("the base") is rcached, a supplemental traffic study will bc done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and March 25, 2009 Page 17 of 18 8B will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridgc Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 347 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) 1. For services and other periods and events of significant traffic generation, as dctermined 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 stafl 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-or-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. March 25, 2009 Page 18 of 18 EXHIBIT G JOB CODE: HCFPUD SCALE: 1" = 30' ---- -~- --- ~ ----------~--- ~ 1m ! t - -- --- -~ u_ ____,~ Adjacent Average Centerline Road Elevation Roof Line ~~ -~ -- -----~ I I I , ..-.J.. ____.J Front Elevation f -- -~ ,--- , i Permitted Exclusions Limited t- to 4,000 s.f. Maximum F ~- ------ -- ~/ ;: " 2 .i' ---I -- , I Adjacent Average Centerline Road Elevation DATE: 12.2.08 FTLEN^ME: E>;hihj\ (i Rear Elevation 1 1 j -------. ------ 1 1 j --- B Mid Point of Roof .--.11 u ------ _~id POi"t:~oor 1 ;: ~ " c o N j Q_ GRADY MINOR & ASSOCIATES. PA CIVIL LMilNHRS . lANDSURVLYORS . PLANNeRS. w\NI),l^~E IIRClllnn, ",,,UA,"",,, ",,,,,y,., NOmrNlllT w"-W.r;R^llYMI~OK(O.'" ~ <l: ::J ",f- wUf- ><l:I O:2~ o ::JW 5':2::1: ~- X <l: :2 , 88 NON-OCCUPIABLE BUILDING ELEMENTS ELEV. = 52'-0' MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD ELEV. = 45'-0" MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV. = 35'-0" FINISH FLOOR HEIGHT ELEV. = 0'-0" AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX. ELEV. = -4'.0" A GRAPHIC EXAMPLE OF "TRACT B" - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of ''Tract B" Florida Community Bank Collier County, Florida DATE: February 18, 2009 Exhibit G (1) HUMPHREY. ROSAL ARCHITECTS 3200 9TH 5T. NORTH (239) 263-4201 SUITE #300 FAX (239) 263-4451 NAPLES. FLORIDA 34103 Exhibit H Conceptual Architectural * 'lhis acdri1:Ectnral mrl,rirg is ,uuVli'll. rriHHrmirrs nay 1", na'B "" lB'J-1:i.ud In l:e crrsist:mt nLth <1'plirTtilB g>.a:mai:. :rB:JJl<muu ar~ l'" -~''f b{ tOO jrc..bL BH:r 88 88 EXHIBIT I CONDITIONS OF APPROVAL March 27, 2009 I. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through March 24, 2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on-site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the stub-out in the median separating Trail Boulevard and US 41 as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. 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 2009-15 Which was adopted by the Board of County Commissioners on the 24th day of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of March, 2009. DWIGHT E. BROCK Clerk of Courts ","~9,)p,e:l:k Ex-offici~ to El,)'a';t:"d"of/''', County conimissfoner~> " ~~"".,.".,:~....,; . .,';',' . " , ", .. - ~. '. . ." ..... .( By: Teresa Polas~j..".' Deputy Clerk 88 PUDZ-2007-AR-12097/Heavenly PUD Page 1 of2 Teresa L. Polaski '88 From: Sent: To: MossJoh ndavid [John david Moss@colliergov.net] Tuesday, March 31,20099:29 AM Teresa L. Polaski Subject: RE: PUDZ-2007-AR-12097/Heavenly PUD Thanks' :-) From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Tuesday, March 31, 2009 9:21 AM To: MossJohndavid Subject: RE: PUDZ-2007-AR-12097/Heavenly PUD I will get it out today. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) From: MossJohndavid [mailto:JohndavidMoss@colliergov.net] Sent: Tuesday, March 31, 2009 9:12 AM To: Teresa L. Polaski Cc: Ashton, Heidi Subject: RE: PUDZ-2007-AR-12097/Heavenly PUD Teresa, I just spoke to Jeff Klatzkow. He said the date makes no difference, and asked me to ask you guys to send it out immediately so that we meet our deadline. Thanks again for your help! JD From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Tuesday, March 31, 20098:47 AM To: MossJohndavid Cc: ashton_h Subject: PUDZ-2007-AR-12097/Heavenly PUD 3/31/2009 ,~,c,_"",_",_"_"_""'______'__."'~'_____'_'____,--.,-...,-.-..--.,.".,.....'"'------~' PUDZ-2007-AR-12097/Heavenly PUD Page 2 0[2 88 Hi JD, I am preparing this ordinance to send to the state and noticed that the dates on the bottom of the pages is March 25, 2009. Also the conditions have the date of March 27, 2009. I didn't know if this was alright or if you wanted it to go the State with the adopted date on it. Let me know if you would like anything done or have it sent as is. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 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. 3/31/2009 PUDZ-2007-AR-12097/Heavenly PUD Page 1 of 1 BB Teresa L. Polaski From: Sent: To: ashton_h [HeidiAshton@colliergov.net] Tuesday, March 31,20099:44 AM Teresa L. Polaski; MossJohndavid Subject: RE: PUDZ-2007-AR-12097/Heavenly PUD Thanks for letting us know. That is okay. J[eidi)lsliton-Cicfi.9 Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252-2939 Fax (239) 252-6300 From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Sent: Tuesday, March 31, 2009 8:47 AM To: MossJohndavid Cc: ashton_h SUbject: PUDZ-2007-AR-12097jHeavenly PUD Hi JD, I am preparing this ordinance to send to the state and noticed that the dates on the bottom of the pages is March 25, 2009. Also the conditions have the date of March 27, 2009. I didn't know if this was alright or if you wanted it to go the State with the adopted date on it. Let me know if you would like anything done or have it sent as is. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. 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