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Agenda 10/27/2020 Item #17A (PL20190002323)17.A 10/27/2020 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 09-15, as amended, the Heavenly Community Facility Planned Unit Development, to increase the maximum size of the house of worship use to 35,000 square feet; to increase the accessory uses to 88,000 square feet; to remove the daycare and school permitted accessory uses; to add outdoor recreational areas, playgrounds and playlots as permitted accessory uses; to eliminate Tract A and Tract B references; to modify the conceptual PUD master plan; to delete Exhibit G, depiction of vertical building, Exhibit H, architectural renderings and Exhibit I, conditions of approval; add a deviation regarding chain link fencing; and add a deviation regarding paved aisles for the area utilized for grass overflow parking. The property is located at 6926 Trail Boulevard between Ridge Drive and Myrtle Road in Section 3, Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93f acres; and by providing an effective date. [PL20190002323] OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property consists of 15.93+/- acres and is located at the northeast corner of the intersection of US 41 and Ridge Drive in Section 3, Township 49 South, Range 25 East, Collier County, Florida. The petitioner seeks to amend the Heavenly Community Facility Planned Unit Development (CFPUD), approved via Ordinance 09-15, to eliminate Tract A and Tract B references, to remove 200 seats from the previous Tract B, and adding those 200 seats into the previous Tract A for a revised total of 1,200 seats. The current PUD provides Tract A with 1,000 seats and the revised master plan and PUD remove the tract designations. Moreover, the petitioner seeks to increase the maximum size of the house of worship to 35,000 square feet; to increase the accessory uses to 88,000 square feet; to remove the daycare and school permitted accessory uses; to add outdoor recreational areas, playgrounds, and playlots as permitted accessory uses; to delete Exhibit G, depiction of vertical building, Exhibit H, architectural renderings and Exhibit I, conditions of approval; and add a deviation regarding chain link fencing, and add a deviation regarding paved aisles for the area utilized as grass overflow parking. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Amendment is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. Packet Pg. 1832 17.A 10/27/2020 GROWTH MANAGEMENT IMPACT: The 115.9-acre site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Growth Management Plan. The Urban Mixed Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed -use developments such as Planned Unit Developments. According to the FLUE in the Urban Designation Section, Urban designated areas will accommodate non- residential uses including Community facilities, such as churches. This application proposes to amend the Heavenly CFPUD to reconfigure the allowable square footage within the overall PUD and increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School uses (with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD), and to add outdoor recreational areas, playlots, playgrounds. The amendment also proposes to add a deviation to LDC Subsection 5.03.02.G. La, fences forward of the primary fagade. The cover letter to the applicant's request to not complete a Traffic Impact Statement stated, "No change is proposed to the total number of seats permitted within the PUD; therefore, there are no additional trips associated with the principal permitted use. Further, because the applicant is eliminating the K-8 grade private school from the list of permitted uses, P.M. peak hour trips will be reduced by eliminating the private school use." The total seats for the principle use (church) are increasing from 1,000 to 1,200, but they are proposing to eliminate the 220 seats for the Child/Adult Day Care / Pre-K/Kindergarten / School uses; so, it is a net decrease in P.M. peak hour trips. In essence, the sanctuary could increase by 200 seats but the overall cap for former Tract A and Tract B remains the same. Based upon the analysis of the current petition, this proposed PUDA may be deemed consistent with the FLUE. (See Attachment B - FLUE Consistency Review) Transportation Element: In evaluating this project, staff reviewed the applicant's February 5, 2020, TIS waiver request, and revised PUD Document for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the projece's significant impacts on all roadways. " Packet Pg. 1833 17.A 10/27/2020 Staff finding: According to the TIS waiver and revised PUD document the number of seats allowed by the PUD will remain the same by removing 200 seats from the previous Tract B and adding those 200 seats to Tract A for a revised total of 1,200 seats (note that the current PUD provides Tract A with 1,000 seats and the revised master plan and PUD remove the tract designations). Further, the applicant is also removing the K-8t' grade private school use which will result in a reduction in traffic impact potential for this PUD. Based on the TIS waiver and the revised PUD, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (COME). The native vegetation required to be retained for the PUD was approved in accordance with Ordinance 09-15. A minimum of 0.12 acres of native vegetation shall be placed under preservation and dedicated to Collier County. A conservation easement for a 0.12-acre created preserve has been placed under preservation and dedicated to Collier County (OR 4577, Pages 3408 - 3414). COLLIER COUNTY PLANNING COMMISSION (CCPQ: The CCPC, heard Petition PUDA- PL20190002323, Heavenly PUD on September 25, 2020, and voted 5-0 to forward this petition to the Board with a recommendation of approval. No letters of objection have been received. LEGAL CONSIDERATIONS: This is an amendment to the existing Heavenly Community Facility Planned Unit Development (Ordinance No. 09-15, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the Packet Pg. 1834 17.A 10/27/2020 adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the Packet Pg. 1835 10/27/2020 17.A proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA-PL20190002323, Heavenly PUD. Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff report - Heavenly (PDF) 2. Attachment A - Proposed Ordinance 10-21-20 (PDF) 3. Attachment B - FLUE Consistency Review (PDF) 4. [Linked] Attachment C - Application -Backup Materials (PDF) 5. Attachment D - Property Hearing Signs (PDF) 6. Attachment E - Hybrid Meeting Waiver (PDF) 7. legal ad - agenda ID 12289 (PDF) Packet Pg. 1836 17.A 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doe ID: 12289 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 09-15, as amended, the Heavenly Community Facility Planned Unit Development, to increase the maximum size of the house of worship use to 35,000 square feet; to increase the accessory uses to 88,000 square feet; to remove the daycare and school permitted accessory uses; to add outdoor recreational areas, playgrounds and playlots as permitted accessory uses; to eliminate Tract A and Tract B references; to modify the conceptual PUD master plan; to delete Exhibit G, depiction of vertical building, Exhibit H, architectural renderings and Exhibit I, conditions of approval; add a deviation regarding chain link fencing; and add a deviation regarding paved aisles for the area utilized for grass overflow parking. The property is located at 6926 Trail Boulevard between Ridge Drive and Myrtle Road in Section 3, Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93± acres; and by providing an effective date. [PL20190002323] Meeting Date: 10/27/2020 Prepared by: Title: — Zoning Name: Tim Finn 09/30/2020 12:19 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 09/30/2020 12:19 PM Approved By: Review: Zoning Growth Management Department Zoning Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget Budget and Management Office County Attorney's Office County Manager's Office Board of County Commissioners Ray Bellows Additional Reviewer Judy Puig Level 1 Reviewer Anita Jenkins Additional Reviewer Thaddeus Cohen Department Head Review James C French Deputy Department Head Review Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Mark Isackson Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 09/30/2020 2:51 PM Completed 10/05/2020 3:10 PM Completed 10/07/2020 9:27 AM Completed 10/07/2020 4:12 PM Completed 10/09/2020 3:05 PM Completed 10/13/2020 8:53 AM Completed 10/13/2020 9:17 AM Completed 10/13/2020 10:29 AM Completed 10/14/2020 2:53 PM Completed 10/19/2020 3:31 PM 10/27/2020 9:00 AM Packet Pg. 1837 17.A.1 CoffieT CO-Uffty 0WWW%"-- _ mwmft. STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 17, 2020 SUBJECT: PUDA-PL20190002323 HEAVENLY Owner/Applicant: The Covenant Presbyterian Church of Naples, Inc. 6926 Trail Blvd. Naples, FL 34108 Agents: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esq. Coleman, Yovanovich, and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 09-15, as amended, the Heavenly Community Facility Planned Unit Development (PUD). GEOGRAPHIC LOCATION: The subject property consists of 15.93+/- acres and is located at the northeast corner of the intersection of US 41 and Ridge Drive in Section 3, Township 49 South, Range 25 East, Collier County, Florida (see location map, page 2). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to amend the Heavenly Community Facility Planned Unit Development PUD, approved via Ordinance 09-15, to eliminate Tract A and Tract B references, to remove 200 seats from the previous Tract B, and adding those 200 seats into the previous Tract A for a revised total of 1,200 seats. The current PUD provides Tract A with 1,000 seats and the revised master plan and PUD remove the tract designations. Moreover, the petitioner seeks to increase the maximum size of the house of worship to 35,000 square feet; to increase the accessory uses to 88,000 square feet; to remove the daycare and school permitted accessory uses; to add outdoor recreational areas, playgrounds, and playlots as permitted accessory uses; to delete Exhibit G, depiction of vertical building, Exhibit H, architectural renderings and Exhibit I, conditions of approval; and add a deviation regarding chain link fencing, and add a deviation regarding paved aisles for the area utilized as grass overflow parking. PUDA-PL20190002323; Heavenly Page 1 of 13 Revised: September 8, 2020 c as M a) x o� 00 N N T �r Packet Pg. 1838 (Nand) AIuaneaH : 68ZZO AIuaneOH-:podea }jejg :juewLj3ejjV MEN MAN, t AMM, ARM 0'. 0 MI ti � �� ;n�:''■s� ��`i *r}yam+ �� '; 4w�111�r ♦��¢44;\� �'w.w �' LI•!IIII _- .�q.- - - -- - �-•.. � .ram r' PUDA-PI20190002323; Heavenly Revised: September 8, 2020 WH-711 iV. n� ca co CN 0 C) C) 0 C) J L a) r_ 0 -r n 0 co J Page 2 of 13 17.A.1 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of Heavenly Community Facility Planned Unit Development PUD: North: Ridge Drive, (local road) then developed single-family residential, with a current zoning designation of Residential Single-Family-1 (RSF-1) South: Myrtle Road, (local road) then developed single-family residential, with a current zoning designation of Residential Single-Family-1 (RSF-1) East: West Street, (local road) then developed single-family residential, with a current zoning designation of Residential Single-Family-1 (RSF-1) West: Tamiami Trail North, a six -lane arterial roadway, and then developed single-family residential within Pelican Bay PUD, and is approved for commercial, golf course, single and multi -family, and open space/conservation Source: Collier County Property Appraiser PUDA-PL20190002323; Heavenly Page 3 of 13 Revised: September 8, 2020 Packet Pg. 1840 17.A.1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): The ±15.9-acre site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Growth Management Plan. The Urban Mixed Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed -use developments such as Planned Unit Developments. According to the FLUE in the Urban Designation Section, Urban designated areas will accommodate non-residential uses including Community facilities, such as churches. This application proposes to amend the Heavenly CFPUD to reconfigure the allowable square footage within the overall PUD and increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School uses (with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD), and to add outdoor recreational areas, playlots, playgrounds. The amendment also proposes to add a deviation to LDC Subsection 5.03.02.G.1.a, fences forward of the primary fagade. The cover letter to the applicant's request to not complete a Traffic Impact Statement stated, "No change is proposed to the total number of seats permitted within the PUD; therefore, there are no additional trips associated with the principal permitted use. Further, because the applicant is eliminating the K-8 grade private school from the list of permitted uses, P.M. peak hour trips will be reduced by eliminating the private school use." The total seats for the principle use (church) are increasing from 1000 to 1200, but they are proposing to eliminate the 220 seats for the Child/Adult Day Care / Pre-K/Kindergarten / School uses; so, it is a net decrease in P.M. peak hour trips. In essence, the sanctuary could increase by 200 seats but the overall cap for former Tract A and Tract B remains the same. Based upon the analysis of the current petition, this proposed PUDA may be deemed consistent with the FLUE. (See Attachment B — FLUE Consistency Review) Transportation Element: In evaluating this project, staff reviewed the applicant's February 5, 2020, TIS waiver request, and revised PUD Document for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP. Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning PUDA-PL20190002323; Heavenly Page 4 of 13 Revised: September 8, 2020 Packet Pg. 1841 17.A.1 period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS waiver and revised PUD document the number of seats allowed by the PUD will remain the same by removing 200 seats from the previous Tract B and adding those 200 seats to Tract A for a revised total of 1,200 seats (note that the current PUD provides Tract A with 1,000 seats and the revised master plan and PUD remove the tract designations). Further, the applicant is also removing the K-8th grade private school use which will result in a reduction in traffic impact potential for this PUD. Based on the TIS waiver and the revised PUD, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The native vegetation required to be retained for the PUD was approved in accordance with Ordinance 09-15. A minimum of 0.12 acres of native vegetation shall be placed under preservation and dedicated to Collier County. A conservation easement for a 0.12-acre created preserve has been placed under preservation and dedicated to Collier County (OR 4577, Pages 3408 — 3414). STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). PUDA-PL20190002323; Heavenly Page 5 of 13 Revised: September 8, 2020 Packet Pg. 1842 17.A.1 Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will still meet the minimum preserve requirement of 0.12 acres. Landscape Review: The current PUD ordinance includes language regarding buffer plantings under Development Standards for both Tract A and Tract B. The proposed ordinance has moved the buffer requirements to the Developer Commitments section. Therefore, landscape review staff recommends approval. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District and already has County water and wastewater services. System capacity will not be significantly impacted by the changes proposed by this petition Zoninz Services Review: The Covenant Presbyterian Church is the sole property owner of all property within the Heavenly CFPUD. The church requests to relocate the church offices from their existing location within two former single-family homes in the northwest portion of the site into a newly constructed building located in the northeast portion of the site. The two existing houses would then be demolished and would be designated as open space areas. The existing sanctuary building in the northeast portion of the site will be demolished in order to construct the new church offices. The applicant proposes to amend the CFPUD to reconfigure the allowable square footage for the overall CFPUD, increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School use, add outdoor recreational areas, playlots, and playgrounds. The maximum sanctuary seating for the PUD will remain at 1,200 seats. The amendment also proposes to add a deviation from LDC Section 5.03.02.G. La, fences forward of the primary facade in order to permit a chain -link fence to be installed around the proposed outdoor play area and another deviation from LDC Section 4.05.02.B.l.a.i, which will serve as both a youth play yard and as grass overflow parking. A revised Master Plan is proposed which eliminates the Tract A and B designations and labels the proposed uses on the plan. One access point to West Street is also eliminated. Staff has no issue with these additions and changes. As such, staff has determined the proposed uses and modifications would be appropriate and compatible with the PUD. LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDA-PL20190002323; Heavenly Page 6 of 13 Revised: September 8, 2020 Packet Pg. 1843 17.A.1 Staff has reviewed the proposed amendment and is of the opinion the uses and property development regulations are compatible with the development approved in the area Moreover, the PUD already receives potable water and wastewater services from the CCWSD, and there are adequate water and wastewater treatment capacities available to future development as proposed by this petition. The project already has County water and wastewater services. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 4. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the proposed changes to the PUD do not affect the landscaping standards of the original PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. No deviation from the required usable open space is being requested, and compliance would be demonstrated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Moreover, there is adequate water and wastewater treatment capacity to accommodate the insignificant increase in demand/flow resulting from the proposed changes to the PUD. PUDA-PL20190002323; Heavenly Page 7 of 13 Revised: September 8, 2020 Packet Pg. 1844 17.A.1 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water - Sewer District potable water and wastewater mains, to accommodate the insignificant increase in demand/flow resulting from the proposed changes to the PUD. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. All future development proposed on the Heavenly Community Facility Planned Unit Development PUD would have to comply to the LDC and other applicable codes. The petitioner is requesting two new deviations to the LDC. Rezone Findings: LDC Subsection 10.02.08.17 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of theproposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the PUDA-PL20190002323; Heavenly Page 8 of 13 Revised: September 8, 2020 c as M CD x o� 00 N N T Packet Pg. 1845 17.A.1 proposed uses and development standards that are specific to the subject parcel. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure will continue to have adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. & Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed, and the proposed amendment is consistent with those permitted on the site and should not be a deterrent to improvement or PUDA-PL20190002323; Heavenly Page 9 of 13 Revised: September 8, 2020 c as M m x o� 00 N N Packet Pg. 1846 17.A.1 redevelopment of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion that the proposed uses, associated development standards, and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. PUDA-PL20190002323; Heavenly Page 10 of 13 Revised: September 8, 2020 Packet Pg. 1847 17.A.1 M Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. It is to be determined at the public hearings DEVIATION DISCUSSION: The PUD was approved via Ordinance 09-15 with six deviations for Tract A and three deviations for Tract B. The petitioner is now seeking to withdraw all three deviations for Tract B and add, withdraw, and modify deviations of the prior Tract A.. The new proposed deviations and modified deviations has been directly extracted from the proposed PUD ordinance. The petitioner's justification and staff analysis/recommendation for these deviations are listed below. Deviation #1: (Sidewalk/Bike Lane Requirements) 0 "Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements a which requires sidewalks within road right-of-way; except that sidewalks shall be provided along 21 Trail Boulevard. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way and that portion of Myrtle Road between Trail M Boulevard and the project ingress -egress driveway to Myrtle Road. The developer shall also = construct one sidewalk extension from the central building campus across Trail Boulevard to the CD pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the N CFPUD Master Plan or provide payment in lieu of to Collier County. Petitioners Justification: This was previously approved by Ordinance 2009-15. Staff Analysis and Recommendation: Staff has no issue with adding the language "or provide payment in lieu of to Collier County" as underlined in Deviation 1. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2: (Man -Made Lakes and Water Management Areas) — No modifications proposed, was previously approved by Ordinance 2009-15. Deviation # 3: Removed Per PMC-PL2011-872 Deviation #4: (Pedestrian Pathway Connections) — No modifications proposed, was previously approved by Ordinance 2009-15. Deviation #5: WITHDRAWN, Tracts A and B are being eliminated as PUD is now under the unified ownership of The Covenant Presbyterian Church of Naples, Inc PUDA-PL20190002323; Heavenly Page 11 of 13 Revised: September 8, 2020 Packet Pg. 1848 17.A.1 Deviation # 6: (Masonry/Prefabricated Concrete Wall) — No modifications proposed, was previously approved by Ordinance 2009-15. Deviation #7: (Chain -Link Fencing) "Deviation #7 seeks relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which requires chain link (including wire mesh) and wood fences are prohibited forward of the primary fagade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street, then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain -link fence forward of the primary fagade where the chain link fence is screened with an irrigated hedge planting directly in front of the fence facing the external right-of-way." Petitioners Justification: The proposed chain link fencing is proposed to be used to provide a safe play lot for congregant children. Other portions of the Heavenly CFPUD have utilized chain link a fencing with hedge screening. The use of chain link forward of the primary building 21 as Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is a approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that o "the element may be waived without a detrimental effect on the health, safety, and welfare of the T community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." M Deviation #8: (Grass Overflow Parking) "Deviation #8 seeks relief from LDC Subsection 4.05.02.B.l.a.i., "Design Standards", which requires Parking lots and spaces shall meet the following surfacing standards: i. Grass parking spaces shall be compacted, stabilized, well -drained, and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. This deviation will instead not require this CFPUD to provide paved aisles for the area utilized for grass overflow parking where designated on the PUD Master Plan which can accommodate approximately 67 vehicles." Petitioners Justification: The proposed grass overflow parking does not reduce the required number of parking spaces on -site, but rather provides for multi -use of the play area. Because it is limited to only 67 cars, the low volume does not necessitate a paved drive aisle which would otherwise restrict the area as a children's play area. On -site staff will also be present during the days in which overflow parking is required to direct vehicles. Additionally, a concrete or asphalt apron will be installed at the entrance where the highest vehicle volumes and turning would occur. When the grass overflow parking lot is not being utilized, gates have been provided and will restrict vehicular access. The field's primary use is as a youth play yard and the secondary use as PUDA-PL20190002323; Heavenly Page 12 of 13 Revised: September 8, 2020 Packet Pg. 1849 17.A.1 grass overflow parking will seldom be used. If this deviation is not approved then the paved drive isles will have a dramatic negative effect on the areas use as a playfield. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on July 7, 2020, 5:30 PM, at the Covenant Church of Naples Sanctuary, located at 6926 Trail Blvd, Naples, FL. No members of the public were in attendance. _ Rich Yovanovich (agent) gave a PowerPoint presentation for county staff in attendance and for Q 0 audio and video purposes. For further information, please see the NIM Summary information in a the back-up material. c as ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION: M E No This project does not require Environmental Advisory Council (EAC) review, as this project did on not meet the EAC scope of land development project reviews as identified in Section 2-1193 of N the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on September 2, 2020. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review C) Application/Backup Materials PUDA-PL20190002323; Heavenly Page 13 of 13 Revised: September 8, 2020 Packet Pg. 1850 17.A.2 ORDINANCE NO.20- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 09-15, AS AMENDED, THE HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT, TO INCREASE THE MAXIMUM SIZE OF THE HOUSE OF WORSHIP USE TO 35,000 SQUARE FEET; TO INCREASE THE ACCESSORY USES TO 88,000 SQUARE FEET; TO REMOVE THE DAYCARE AND SCHOOL PERMITTED ACCESSORY USES; TO ADD OUTDOOR RECREATIONAL AREAS, PLAYGROUNDS AND PLAYLOTS AS PERMITTED ACCESSORY USES; TO ELIMINATE TRACT A AND TRACT B REFERENCES; TO MODIFY THE CONCEPTUAL PUD MASTER PLAN; TO DELETE EXHIBIT G, DEPICTION OF VERTICAL BUILDING, EXHIBIT H, ARCHITECTURAL RENDERINGS AND EXHIBIT I, CONDITIONS OF APPROVAL; ADD A DEVIATION REGARDING CHAIN LINK FENCING; AND ADD A DEVIATION REGARDING PAVED AISLES FOR THE AREA UTILIZED FOR GRASS OVERFLOW PARKING. THE PROPERTY IS LOCATED AT 6926 TRAIL BOULEVARD BETWEEN RIDGE DRIVE AND MYRTLE ROAD IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002323] WHEREAS, on March 24, 2009, the Board of County Commissioners approved Ordinance No. 09-15, which created the Heavenly Community Facility Planned Unit Development (PUD); and WHEREAS, the PUD was subsequently amended by the Board of County Commissioners by Ordinance No. 13-31; and WHEREAS, The Covenant Presbyterian Church of Naples, Inc. represented by D. Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [20-CPS-01981/1574999/1]99 Heavenly PUDA Page 1 of 2 PL20190002323 10/21/20 Packet Pg. 1851 17.A.2 SECTION ONE: AMENDMENT TO THE PUD DOCUMENT The PUD Document attached as Exhibits "A" through "I" to Ordinance No. 09-15, as amended, is hereby amended and replaced with the revised PUD Document, attached hereto as Exhibits "A" through "F" and incorporated by reference herein. SECTION TWO: EFFECTIVE DATE 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 ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney HFAC 10-21-20 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 [20-CPS-0 1981/15 74999/ 1199 Heavenly PUDA PL20190002323 10/21/20 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. Page 2 of 2 Burt L. Saunders, Chairman a 0 D a 21 c a� a� x rn 00 N N Packet Pg. 1852 17.A.2 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through IF "a 0 2, 00 N N r Words underlined are additions; words tFHe� are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 1 of 23 Packet Pg. 1853 17.A.2 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 CT A) Q�^. PERMITTED USES: a 21 c 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: o N 1. One house of worship with a maximum seating capacity of 1,000-1,200 individuals. {see o Exhibit F, T, et AA ,rnGvrmmitmentNTr'c'rrr"'berv). N B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Church Offices 4. ChildLAdult Day Cafe / We K/KindefgaAen/ Sehool, limited to 1' thfetigh 8th; with no more than a eombined eumulative total of 220 students/individuals ep&o1led/attendifig for- the en4ir-e- of the T-r-aet A and B owners [if in diff'....., owner -ship] provided the total number- o -5-.4.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. 5. Outdoor recreational areas, play lots, playgrounds, which may include shade structures. 1. TeWer-ar-y Wilding stmetufes may be t4ilized to aeeemmedate existing uses in the initial redevelopment eonstmetion t-Fansition period. Stieh uses shall not begin ui#il after- the pr-opeAy owner applies for- a building pefmit for the first new permanent building and the ma -xi period of tise of stieh temporary building(s) shall be for- a period of 27 months, after- the building Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 2 of 23 Packet Pg. 1854 17.A.2 i ♦m rm ■ ---------------- ■ ♦ 1 1 1 ION I INNIMIN. AMMI 1 1 1 OWN 1111 1 Q C a 21 c m m a� x Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 3 of 23 Packet Pg. 1855 17.A.2 EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT - Together with the text that follows below are the development standards for land uses within Trathis 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 MINIMUM LOT AREA 14± acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of-way line abutting the property) wag) est Street Ridge Drive New stmetttfesTrail Boulevard The fan ft r the height SP-S30 ft. SPS30 ft. SP530 ft. (g) greater- zoned of stmetufe200 ft. -5 -200 ft. for- expanded pet4i , 200 z.; exeept—,50 ft.Tr-ail t.-. MINIMUM V A RDS (between ets) Side MIN. DISTANCE BETWEEN STRUCTURES The greater of 15 ft. or the sum of the zoned building heights SPS15 ft. MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES New 50 ft.(1)(2) 2(3) 4- 50 ft. (1) 00) 2(D SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE House of Worship (64) Accessory Uses/Maintenance/Storage (75) (9) Gir-eulatiE)n�N4ain4enaneeAStefage 2835,000 sq. ft. 4088,000 sq. ft. 12,000 sq. ft. PRESERVE SETBACKS (860 25 ft. 25 ft. SPS=Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Q 0 a 21 c as M as x a� 00 N N Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 4 of 23 Packet Pg. 1856 17.A.2 (2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non - occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0I.D.1, as may be amended. The maximum combined square footage of such building elements shall be 4,000 square feet. See (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should beth TF-Aet B T-r-aet A be in the then the intensity be and same owner -ship, permitted shall that in the footage the (-5)building aggi!egated, provided no even4 shall squar-e of all stmettir-es within i.,,,,nda-ies of the CFPUD o ooa oti 000 square k .+ areonssquareageany obuilding's Q squar-eootageateappr-evasigned the btfilding(s) for- a and sealed sufvey of existing proposed expansion and an additional 21 by by depiets the c exhibit prepared and signed and sealed a pr-efessienal engineer-, whieh propose m ca E0(4) House of worship square footage not utilized shall be available for religious educational00 classrooms. N (7)(5) The maximum area of an individual room shall be 12,000 square feet. N (8)(6) Listed setback is for all principal and accessory structures. Setback provisions, relative to 0 preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDPA application. f�3 c usemufnma L TlA Tc..tlo Ctvvv4 rio 0 7 � (�9)(7) .. ff.v. West Ridge and Road Buildings located outside of the "church campus building envelope" depicted on the Master Plan o shall be limited to 25 feet in height. a o (g) Unenclosed shade structures may be permitted 25 feet from Trail Boulevard. a (9) Does not apply to unenclosed shade structures. a Ala MINOR 3. The fnaxiffmm water- management area within the eembined ffentage btiff-er-s ef Tr-aets A and B shall be 0 maxmufnwater-fnanagefnen4usenotexeee0 of the buffer-'s Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 5 of 23 Packet Pg. 1857 17.A.2 .. VNI I�S!!!*'1� _ ff!T7S!!!!!!!Et'J_7.�1.1�75!!ISR'l1�7��T'.�R!1�59_7.�!!�5. _ . ■ , , . E!!�TdtS. - - ° ssst�is�— ..� Q C c m E z m Q c a� E z m Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 6 of 23 Packet Pg. 1858 17.A.2 IN be 25 feet. be 25 feet. > as meastifed at eentfol elevation, shall .-. See fenein and asseeiated landseape installation standards within this Or-dinanee. Q o IL for- the feliewing development c management system shall at a miniffmm provide neneeffmiative standards.! less than the fir-st half ineh the i pr-etfeatment of not of minfall over- pr-ojeet's en4ir- pe—ous are , and— m the owater-(netbasequapr-qjeet_ greater- of dry less than 1.5 inehes the c, s area) within water- managemen4 areas and not over- entire . ' N N for- the po ftio of West St eft adjaen„t to the p eet T N The West Stfeet AtMing be to T roadside swale and one or- more roadside swales shall redesigned allow fun N O T designed to n ept those additional flows. O V C Par4ing f�onting bufferm landseape the hand Development Code developmen C spaees and afeas shall utilize L Q m N O om The loeated between the buildings the O plaza afea eentfal eampus and —eterm sidewalk and,10 L o d petwietts. 1 Q r c F. Flat feef pfohibition, m E z v co Flat be hidden 4om by the Q rmoofs may utili—I -'-- ---Ufldat=y rmoof afeas when view use of affieula* ide f arehiteetural elements whieh a onto and p r a aftieulated , e f fino C N E G. Pfejeet Phasing. t� O r Q is likely to be likely inelude the rmealized overm existing btfildings and theif associated a ntmiberm of impfevements phases w-hieh will between fetenlion phases. of one orm morme Words underlined are additions; words s*mek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 7 of 23 Packet Pg. 1859 17.A.2 —1110 Milli - is PRINCIPAL USES ACCESSO USES MINIMUM LOT AREA ''.°yes N4A 03 FFon Existiftg Expanded bffikliags(74 New stf ep&r-e SgS SgS SPS Of 50 ft. for- expanded pe 504. Sie S s Q 0 a 21 c m m d 2 CD 00 N N T O N N O T V L O N O am O L a Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 8 of 23 Packet Pg. 1860 17.A.2 MIN. DISTANCE �B=,-rW�N STRUCTURES zened building heights MAXIMUM ZONED HEIGHT 5-€t MAXIMUM ACTUAL HEIGHT 4 (O� 45-*.M MAXIMUM NUMBER OF STORIES 2M -2 MINIMUM FLOOR AREA 500 sq. ft 400 sq. t. MAXIMUM SQUARE FOOTAGE f� 140tise of (-`} Aeeesser-y Uses „b, ' e )000 sq. A may be - storage) Q 0 a 21 c m M d 2 CD 00 N N T O N N , ,-hie . ; n G foot O elevation of abutting ads estimated to be between feet and (2) A4n*jmiim Ar-wal height may be exceeded by iip to 7 feet by one non oeeiipiable building element,h V as a steeple, of feligious 7 C Wilding elements shall be 2,000 sf (34 Exel„siye ofmezzanines,left areas n ., ntt;n ntt;n stet afeas. O ge aggregated. 0. (54Hetise feeta be fer- O of wer-ship sqttafe e net utilized shall available aeeessefy uses. () T h A footage individual be less than the footage e M - —e of any room shall square of the hotise of wer-ship. r () —Expansionssquareageanyarem z osquar-e v A the building(s) for- co approval. signed and sealed sufvey of existing by proposed by e"ansion and a depiets Q exhibit prepared and signed and sealed a pr-ofessienal engineer- who the the date PUP be c proposed and all p ns sinee of approval, shall submitted with (a3additional —If Tr-aet B Tr-aet A developed by the Cl and are owned or- eontr-olled or- same per -son or- en4ity) cv Tr-aet A DEVELOPMENT STANDARDS be for- the r r shall utilized all pr-epe..Y within 7 Q ineluding Tr-aet B, however-, that the total footage Tr-aet B do pr-o3vided, square of all stfuetufes on the A.f , ie n,...a Hours f O effifi,,,,. fn,- T -aet B shall still n ,..1„ ) 7 Feet aeeess to or- ffem West Street. Words underlined are additions; words s*mek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 9 of 23 Packet Pg. 1861 17.A.2 4. There shall be ne sifffaee water- management ese within the perimeter- . .-. Q 0 B.Par-king Lot Lighfingtheir- Pele lights te height 16 feet, to the tep the fix-vdfe, c are r-estrieted a ma-ximem of measured of efnit4ing an is f4fther- to in4er-ior- lots to level ingress > use r-estr-ieted par4ing and fneefing after-ial r-equir-emen4s at M a� egress drives. Bellar-Ids shall have a ma-xim-um height of 4 8 . x M 00 G. Existing Ingress Egress Driveways N r Existing driveways be the GFPUD Master- Plan, the O shall efifninated ar- as >depieted en as N is The two redeveloped.site r-estfieted one N the demelition the buildings. Thereafter-, the ingress O r-eeenstmetion, r-emeval, r-eplaeement er- ef existing T t will b ege.rte �as��e�e�:�-�a��i��u�� 1, .1 .1 1 to.l 't1,;,, T,maet A O � c c D. Open Spaee O The 301% less than prmojeet shall pfovide and maintain a minimum of of grmoss prmojeet afea [i.e. not 4.&kaefes] Open ineltides but is limited te landseape buffers, interior- landseaping, N O as apen spaee. spaee not a building foendation management W 'dfy watef afeas and aL o% 4:. +1, o Q less than 6.3EL Btfild to this C et afea [i.e. not aer-es] as epen spaee. out, relative provision, shallm nnn ,,, ,, ��, os ;�withinT, nnt n E whenQn when, squar-e feet exist . z c� Tr-aet B inelude buffer-s that the LDC landseape for- buffer-s, interior- landseaping a shall fneet requirements Wilding fb�datien These landseaped and pla*ting afeas. and any other- and open spaee areas shall c d t M 0 0 0„t shall o f T,-aet � be 20" B. Q 'M. - • � law MOM - ►�:� aa7i�iViiR� � Words underlined are additions; words s*mek thtw •gh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 10 of 23 Packet Pg. 1862 17.A.2 !mIaP-W7WMOMl�. Wa4er- . d for- the f4eilities that to ineluding these Tr-aet management B, be by the . f4eilities existing in Tr-aet A. These are r-emain, f4eilities within be loeated may met the Tr-aet A and eapaeity befm areas of existing that may etAside ef for- the ha-,ve management eentaifffnent been provided Tr-aet B be integrated eempensating water- in4o the management .-. Q areas aer-eage provided. shall master- wa4er- management o system if and when Tr-aet B is redeveloped. (L 21 for- the foil development > managemen4 system shall at a mini provide �mulative standards.: M less than the first half ineh pr-e4eatmefA of net of minfall x the o base the --4 greater- of of water- quality r-equir-emen4 (not Iflehes over- en4ir-e pr--, dry less than 00 N s area) within water management areas and not ' N 7 T O • N N The West S4eet be to O roadside swale and ene er- mer-e abtA4ing roadside swales shall redesigned allew fan T n nddi4iena flews � designedto ept these . f0 C Parking ffenting beff-ef landseape the Land Development Cede developme L Q spaees and afeas shall utilize N O Q O a F. Flat feef pfehibiti Q r Flat be Flat be fe cm feefs may not utilized as a fineipal feef eempenent. feefs may utilized E z ca Q c a) E it is that the be inelude the z tmidefsteed fedevelopment may fealized over a number of phases and may m Q - ON %11 Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 11 of 23 Packet Pg. 1863 17.A.2 Q C a 21 c m m a� x CD 00 N N T O N N O T V L O N O om O L a Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 12 of 23 Packet Pg. 1864 I 100008b8ZL9 a ON °1I°N 2'00042 -9 'ON 01I0' 90008968ZL9 :'ON 0110� ZYILI AIIWV� 3N0NIS .asn ,IIIWVN .asn ,ITVIVI 3N0NIS .asn 6uluoz 1-1SH buluoz buluoz I I L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J avoll 311HAW (1N3Wf100O Mad SV) M3HHf19 '1H OZ VA �2��fld .. I- --- ------- �1 1 1 1 W =AH0 N3 � 1 1 1 1 1—D 1 1 1 1 1 1 1 1 1 1 W � 1 J Z 1 � � 1 1 Q 1 � a 1 1 1 1 ; Y K a 0 L)W Z LU z W � 2 ofQ F waZ W 3 LU Uof Q 0 Z J m 30NVN31NIVW 139VIdOIS z Z 2 n SNDIHVd y a Q c.> Q V z N D x Q O OM Had SM H3fJf19 '13 OZ 1 C9 j Z � K �e 1 ja L O i it W ® 1 own 1 w O 1 7 p 1 O Z 1 Q j 1 1 1 W 0 K z j EL LU U z a W W I z z J W O 1 r----- - - — - -- --- - - I I Z00029L8ZL9 °N o!IoN 00001.L8ZL9 °N °ll°1 800008L8ZL9 °N °ll°A ,I7IWVA 3l9NIS :asn 1,IIWVA 319NIS :asn /,NIWVJ 3l9NIS :asn 1-dS21 6uluoz 1-Jsd 6ulu07 1-�Sb 6uluoz LU f n W � O p W Q N N Cl OO fh In w O 5 U Ur w >I D a Z< g< p W a z J CN7a oO: C7 O g o D Z Lu maaj p p<wOOa N M V LO F N M N 0 IM I e w < M C� ao WN Q a w of a z U W Z ¢Um tw=p W< w p az Q w< aim OM U Q'Nw p Oi-F oQ < oW 33:>wOFoQ '5O pwwzO woolaN pL�jwj. < m<6Lp Lu a. �3 5W0<0maw v mwp aaz 2 0 Q V c 0 I 17.A.2 I DEVELOPMENT INTENSITY 1-415.9 ± AC --TRACT-A HOUSE OF WORSHIP 10001200 SEAT MAXIMUM CAPACITY 2835,000 SF ACCESSORY USES/COMMON AREAS INCLUDING CIRCULATION/ MAINTENANCE/ STORAGE 4088,000 SF COMMON AREAS INCLUDING CIRCULATION/ MAINTENANCE/ STORAG- 4� !1® 0 TOTAL 80123,000 SF a� a� x 00 N N 7 PRESERVE NOTES: 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 (CP) - 15% OF THE EXISTING 0.8 ACRES OF NATIVE VEGETATION. THE LOCATION OF THE 44 TREES IS PROPOSED TO BE AN INTEGRATION WITHIN PERIMETER LANDSCAPE BUFFER ALONG WEST STREET AND MYRTLE ROAD. THE .12 ACRE CREATED PRESERVE REFERENCED IN THE PUD COMMITMENTS SHALL BE LOCATED AT THE TIME OF SITE DEVELOPMENT PLAN APPROVAL. NOTES: 1. ANY SDP APPLICATION SHALL FURTHER CONFORMANCE WITH THIS MASTER PLAN. THE PHASED DEVELOPMENT OF THE PLAN SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THIS APPROVED MASTER PLAN; EXCEPT TO ADDRESS THE POTENTIAL REDEVELOPMENT OF BUILDINGS LABELED ON THIS MASTER PLAN AS "EXISTING" AND THEIR ASSOCIATED PARKING LOTS AND RELATED IMPROVEMENT; AND, SHOULD COUNTY TRANSPORTATION REQUIREMENTS REQUIRE RE -ALIGNMENT OF DEPICTED ACCESS DRIVE LOCATIONS FROM TRAIL BOULEVARD - PROVIDED THAT A MINIMUM DISTANCE OF 330 FEET IS MAINTAINED FROM THE NORTH AND SOUTH CFPUD BOUNDARIES. 2. USE OF TI 1E EXISTING BUILDINGS WIT' 'IN TRACT A, REFERENCED TO TI 'IS NOTE, FOR CI 1ILD CARE OR SCI IOO USE, IS PRO' "BITER o REDEVELOPMENT ENT OF TRACT "B" 1S GOVERNED BY CFPUD DEVELOPMENT ENT STANDARDS. © HEAVENL,Y CFPUD GradyMinorO. Grady Minor :...a P.'y . aoa coos: ��1�1�,i., Ur1 Re Bom0la Springs. I Id 31134 EXHIBIT C nnaE: MASTER PLAN NOTE SHEET Civil Engineers Land Surveyors . Planners . Landscape Architects F1 xsme o f,,L,AAuth. N:B0005161 CerLof Auth. 1,130005151 Business CC 26000266 [ irc-uurtre rury [s]nuwo[�mao-reJd Bonita Springs: 239.947.1144 a wa.(lrady Woor. com Fort Myers: 239.690.4380 REVISED 08/24/2020 Packet Pg. 1866 17.A.2 EXHIBIT D LEGAL DESCRIPTION (TRACT A) fTili ri70 0011!7 NZ�yiz�LirT.T�T�T�tyiz�Ziz�7�T�T�Ti�yiz�Z�rtT�T�T�Tr�T.7�z!Z�rsIIT�T�fI LOTS 1 7 ^" D 10 through 13, BLOCK "O", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. o a 21 c m m a� x CD 00 N N (TRACT O N Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 15 of 23 Packet Pg. 1867 17.A.2 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way and that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan or provide payment in lieu to Collier County. 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. Removed Per PMC-PL2011-872 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 and drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. A and B; pr-ovided that the equivaleat squar-e footage of the 10 ot wide btiffer-, for- that length not Tr-aet. Should the entire ■ ■. , the buffef would net be r-equir-ed and therefore this deviation r-equest would net be app1ieabk-)Yithdrawn. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. 7. Deviation #7 seeks relief from LDC Subsection 5.03.02.G.1.a.. Sunnlemental Standards. which reauires chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade, where the chain link fence is screened with an irrigated hedge plantingdirectly irectly in front of the fence facing the external right-of-way_ Q 0 a c as M as x a� 00 N N Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 16 of 23 Packet Pg. 1868 17.A.2 8. Deviation #8 seeks relief from LDC Section 4.05.02.B. l.a.i., "Design Standards", which requires Parking lots and spaces shall meet the following surfacing standards: L Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. This deviation will instead not require this CFPUD to provide paved aisles for the area utilized for overflow parking where designated on the PUD Master Plan which can accommodate approximately 67 vehicles. (TRACT B) 0 a =a7-Ti4rSrr_tsrrt^.7��r�LVTsi�T:77�r��r<•.t rr. r_mz1�rzrr.��r rf7 �. .7-7r�r. �ssc�s:.r_s srres�:cra. /\��I\i\�\\:�\l\�\�11LS��\��1�1�1��1�J �lT��'I��\�/��'L\�L�l \i ��<9�\�/t•�'I Al s <�1�1�1�f�\�1i�i/�\�/<9 L9�\ �ATl�SSS\\7 ��/t9�\ ��lAl.1�J J CD 00 N N 1].,_.__ T T-%f� C7__7_,___._a]__._ A 11L it I A __---- r rw- �T�5!EtiR!�15. ■ ■� ■- ■ _ON _ i • i r Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 17 of 23 Packet Pg. 1869 17.A.2 EXHIBIT F LIST OF DEVELOPER COMMITMENTS A. TRANSPORTATION o a -2-.1_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 a driveways from Trail Boulevard. M as x �2_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 N enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. N 4.3The 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. Commitment completed. -5-.4. 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. Commitment completed. •� ••� • ■ ■ • • ME N1 jz • . ■ Will ■ . • . Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 18 of 23 Packet Pg. 1870 17.A.2 first quafter- of a ealeadar- year- for- impaets exeeeding these established as "the base" in the pr-eeeding paragraph. Commitment completed. 7. The new buildings on Tr-aet A shall be eonsisteftt with the conceptual ar-chitectur-al refidefing 6. A payment -in -lieu -of contribution shall be made by the property owner to the County for otherwise o required sidewalks within abutting right-of-way to the northern and eastern portion of the project a boundary prior to issuance of the first Site Development Plan for a new permanent building. 21 Commitment completed. a m 7. Existing driveways located on West Street and the northernmost driveway on Ridge Drive will be = eliminated as the PUD is redeveloped. 00 N i. For- sefviees and ether- per-iods and events of signifieant 4affie generation, as detefmined by Gellie O N Cetmvy staff-, the pr-epei4y owner- shall provide tr-affie eentr-ol by law enfer-eemen4 or- a law enfor-eeme -IL , with staffing and at leea O T as ,lifeetea by the C llief retort. Tana spec ta4io n,lmi„istfatof of his designee � c 2. A payment in lieu of eentfibution shall be made by the prmopei4y ownef to the Gotfn4y f0f othefw1se !d sidewalks within abtA4ing fight ef way te Tfaet B pfief te issttanee of the fifst Site c L Q Dl- ,elopment Plan form n o 0 ent building o Tf:ae TZ � m N O om • The new building on Tfaet B shall be afehiteetutuily compatible with the new buildings on Tfae! L O a m E z B. LANDSCAPE BUFFERS a 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building c or with the SDP that provides for the relocation of the lake. E m 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus Q virginiana, and/or Buddy buceras provided in 65 Gallon containers at 14 feet in height and are to be Florida #1 or Florida Fancy. Buffer trees are to be planted on 30 feet center. Quercus virginiana/Bucida Buceras are not to be planted within the reauired 6 feet wide shrub plantiniz bed specified below. 3. (a) The hedgeponent of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the east side of 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 Words underlined are additions; words s*mek thtw •gh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 19 of 23 Packet Pg. 1871 17.A.2 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 hedize row. (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 12 feet east of the project entrance and a minimum height of 6 feet west of the project entrance. (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. C. PARKING LOT LIGHTING Q 0 Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting a 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 E a maximum height of 48 inches. m as x D. OPEN SPACE 00 N 1. The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than N 4.8± acres] as open space. N N 2. 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 the PUDT+aet-A. �a E. WATER MANAGEMENT 0` as 1. The existing 3.3± acre borrow pit lake, shall be reconfigured and relocated as depicted on the Q. CFPUD Master Plan. The project shall provide the greater of (1) the capaci required by water . management design standards for a 3-day, 25-year storm event, (2) the capacity of the existing lake a or 3) the capacity required by water management design standards at the time that development a order approval is sought.Capacity may be met, in part, with dry water management areas. 2. 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 a adjacent roadside swales to the north, east and south. E 3. 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, Q Tamiami Trail North (SR-45) and then ultimatelv to the Gulf of Mexico. 4. 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. 5. Subject to final jurisdictional agency permitting, the designed capaci . 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 Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 20 of 23 Packet Pg. 1872 17.A.2 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. 6. 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. 7. 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. Q 0 8. The plaza area located between the central campus buildings and the campus perimeter sidewalk a and/or curb shall be a minimum of 50% pervious. 21 c a) F. FLAT ROOF PROHIBITION > E: Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for a" secondary roof areas when hidden from view by the use of articulated architectural elements which create N and provide for an articulated roof line. 0 N G. PROJECT PHASING 0 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 existingbuildings uildings and their associated improvements between phases. o c �a H. PRESERVE 0` as The minimum required native vegetation for this site is 44 native trees (for the previously developed a portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing a 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 a review and approval of the first SDP. z I. PARKING SPACE REQUIREMENTS AND RESTRICTIONS a 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 E parking spaces, exclusive of loading and drop-off parking areas shall be 600. U M Q I HOURS OF OPERATION RESTRICTIONS 1. Worship between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the accommodation of special functions. 2. Non -worship use of the facilities: between 7:30 am and 10:30 pm. Words underlined are additions; words s*mek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 21 of 23 Packet Pg. 1873 17.A.2 3. Music 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. K. PUD MONITORING One entity (hereinafter the Managing ntity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is Covenant Presb. erian Church of Naples Inc., 6926 Trail Boulevard, Naples, Florida 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing ntity will be released of its obligations upon written agpproval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entily shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no lon_e�ponsible for the monitoring and fulfillment of PUD commitments. M. MISCELLANEOUS 1. The initial redevelopment SDP shall include (Commitment completed 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. Q 0 a 21 c as M as x 0 00 N N 0 N N 0 T V c �a L 0 as N O 0M 0 a c as z a 2. All other applicable state or federal permits must be obtained before commencement of the development. E M 3. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any Q way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liabili . on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. 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. Commitment completed. Words underlined are additions; words s*mek thmugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 22 of 23 Packet Pg. 1874 17.A.2 5. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each development stage. 6. The owner shall install pursuant to county standards and specifications, 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 rg eater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. Q 0 a 21 c m m a� x m 00 N N O N N O T V 13 L Q N O om O L (L c m E z ca Q c a) E z m Q Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7. docx October 20, 2020 Page 23 of 23 Packet Pg. 1875 17 Roof Line Mid Point Average Centerline Road Elevatioo Front Elevation Permittcd Exclusions Limited to 4,000 s.f. Maximum Mid Point of Roof Adjacent Average Centerline Road Elevation Rear Elevation Ex:�TBIT G Q. GRAOY MINOR & ASSOCIATES, PA CIVIL Sls(iIN&£RS • LAND SURVEYORS •PLANNERS • LANDSCAPE ARCIIIFECIS aw �IO1IFM1SPR3�'GS . iORT rIYFRS NORf, TRT \ HCODH: HCFPUD DATE:12.2.17$ SCALE: 1" 30' FILENAME: Exhibit G wwW.ORAUYM3N0R.Ce>7 Packet Pg. 18 a 21 C d m N 2 CD 00 N N I 17.A.2/ I N -OCCUPIABLE BUILDING ELEMENTS ELEV, = 52'-0" IL MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD d ELEV. = 45'-0" M MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV. = W-0" CD 00 N N FINISH FLOOR HEIGHT ELEV. = T-0" AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX. ELEV, m -4'-0" A RAPHIC EXAMPLE OF "TRACT B"' - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of "Tract B" Florida Community Bank Copier County, Florida DATE: February 18, 2009 HUMPHREY • ROSAN A R C H I T E C T S 3200 9TH ST, NORTH (239) 263-4201 SUITE 4300 FAX (239) 263-4451 - - NAPLES, FLORIDA 34103 Exhibit G (1) Packet Pg. 18 WA --..WOW mow. A m I I I 17.A.2 I EXHIBIT I CONDITIONS OF APPROVAL February 3, 2009 1. y plan submitted pursuant to this CFPUD shall be in substantial con ance with th pproved conceptual Master Plan entitled "Exhibit C Master PI prepared by Pl\Plan, opment Incorporated, consisting of one sheet, dat November 25, 20through January 16, 2009, except as conditioned. 2. Ths located on West Street and Ridge Drive, d cted on Tract B of the M11 close when this tract redevelops. 3. The required 0.1\--. ted preserve shall meet ounty preserve requirements and shall recreateat previously existed o site (pine flatwoods), including all three vegetativ 4. A landscape planbe submitted f review and approval at the time of the first SDP for each 5. The property owners shall provi or s pay the County to provide, a bus shelter at the existing Collier Area Transit st ated adjacent to US 41, which is located at the stub -out in the median separating '1 Boulevard and US 41 as depicted on the Master Plan. This bus shelter is r ire o be constructed when development reaches a one percent or greater im ct on -41, or as a stipulation of Phase Two improvements, whichever oc s first. a 0 D a 2, a� as x a� 00 N N r Packet Pg. 1879 1 17.A.3 Growth Management Department Zoning Division/Comprehensive Planning Section MEMORANDUM To: Tim Finn, AICP, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner Comprehensive Planning Section, Zoning Division Date: July 2, 2020 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20190002323 — CFPUDA - REV 4 PETITION NAME: Heavenly Community Facilities Planned Unit Development (CFPUD) REQUEST: The applicant requests to amend the Heavenly CFPUD to increase the number of seats from 1,000 to 1,200 for the house of worship, and allow 88,000 square feet for accessory uses and structures including circulation, maintenance, and storage located within the CFPUD, and eliminate the Child/Adult Day Care / Pre-K/Kindergarten / School uses from permitted uses, and add outdoor recreational areas, play lots, play grounds which may include shade structure. Submittal 2 combined Tract A and Tract B together into one, since there is now only one owner. As a result of this change, there were significant revisions made to the Master Plan and the PUD document (last approved with Ord. #13-31) from the previously proposed documents in March 2020. Submittal 3 included revisions to the PUD Document and the Master Plan in response to staff comments on Submittal 2. Submittal 4 revised deviations per staff comments. LOCATION: The subject site is located on Trail Boulevard, south of Ridge Drive and north of Myrtle Road in Section 3, Township 49 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The f15.9-acre site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Growth Management Plan. The Urban Mixed Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed -use developments such as Planned Unit Developments. According to the FLUE in the Urban Designation Section, Urban designated areas will accommodate non-residential uses including Community facilities, such as churches. This application proposes to amend the Heavenly CFPUD to reconfigure the allowable square footage within the overall PUD and increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre- K/Kindergarten / School uses (with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD), and to add outdoor recreational areas, playlots, playgrounds. The amendment also proposes to add a deviation to LDC Subsection 5.03.02.G.1.a, fences forward of the primary facade. The cover letter to the applicant's request to not complete a Traffic Impact Statement stated, "No change is proposed to the total number of seats permitted within the PUD; therefore, there are no additional trips associated with the Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 .239-252-2400 Page 1 of 2 Q C a c as m x ao N N r Packet Pg. 1880 17.A.3 principal permitted use. Further, because the applicant is eliminating the K-8 grade private school from the list of permitted uses, P.M. peak hour trips will be reduced by eliminating the private school use." The total seats for the principle use (church) are increasing from 1000 to 1200, but they are proposing to eliminate the 220 seats for the Child/Adult Day Care / Pre-K/Kindergarten / School uses; so, it is a net decrease in P.M. peak hour trips. In reviewing for compliance with Policy 5.6 (shown in italics below) of the Future Land Use Element (FLUE) staff provides the following analysis in [bracketed bold text.] FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety. However, it should be kept in mind that the Heavenly CFPUD was first Q approved via Ordinance 09-15.] In reviewing for compliance with FLUE Objective 7 and related Policies (shown in italics), staff provides the a following analysis in [bracketed bold text]. E a� FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [`Exhibit C, Master Concept Plan,' (dated January 24, 00 2020) submitted in the petition packet, depicts four access points: one left -in and right-in/right-out on Myrtle N Road, on right-in/left-in/left-out only on Ridge Drive; and two full access points on Trail Boulevard. All three of these roadways are local roads.] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [`Exhibit C — Master Concept Plan' shows a parking/driveway circulation pattern.] FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [`Exhibit C - Master Concept Plan' does not indicate any interconnections with adjoining properties. The subject property is bounded on all four sides by local roadways: West Street, Myrtle Road, Trail Boulevard, and Ridge Drive. Staff does not see an opportunity to have an interconnection with this project site.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [There are existing sidewalks along Trail Blvd., the Master Plan shows a connection to this. The PUD document details the f6.3- acre open space (40% of entire site). Deviations were previously approved for sidewalks. Frequently churches serve as civic facilities. No housing is proposed.] CONCLUSION: Based on the above analysis, staff finds the subject petition consistent with the FLUE. Petition on CityView cc: Anita Jenkins, AICP, Community Planning Manager, Zoning Division, Community Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDA-PL2019-2323 Heavenly CFPUD R4.docx Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 .239-252-2400 Page 2 of 2 Packet Pg. 1881 17.A.5 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) F OTE: AFTER TILE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE ETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE SSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) 0190002323 avenl P D Amendment. 3800 Via Del Rey SIGNATURE OF APPLICAN OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 25 day of August _ _, 2020, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me eriie produced as identifi eati4n and who di&did not take an oath. CARIN J. DWYER Signature of Not Public MY COMMISSION II GG W=7 +y lPw EXPIRES: May 14, 2024 o►�s�?•` B6rided Thal NOWY htic Ihl W MMM My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public Q C D IL c d m 2 o� ao N N Rev. 3/4/2015 Packet Pg. 1882 17.A.5 �f PUBLIC HEARING NOTICE HEAVENLY CFPUD AMENDMENT Petition No. PL20190002323 ® CCPC: SEPTEMBER 17, 2020 - 9:00 a.m. BCC: OCTOBER 27, 2020 - 9:00 a.m. COLLIER COUNTY GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 TIMOTHY FINN, AICP: 239-252-4312 114y ®PUBLIC HEARING NOTICE ° HEAVENLY CFPUD AMENDMENT Petition No. PL20190002323 CCPC: SEPTEMBER 17, 2020 - 9:00 a.m. BCC: OCTOBER 27, 2020 - 9:00 a.m. COLLIER COUNTY GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 TIMOTHY FINN, AICP: 239-252-4312 g • o- PUBLIC HEARING NOTICE HEAVENLY CFPUO AMENDMENT Petition No. PL20190002323 CCPC: SEPTEMBER 17, 2020 - 9:00 a.m. BCC: OCTOBER 27, 2020 - 9:00 a.m. COLLIER COUNTY GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 TIMOTHY FINN, AICP: 239-252-4312 r- aD M m x rn 00 N N r PUBLIC HEARING NOTICE HEAVENLY CFPUD AMENDMENT Petition No. PL20190002323 CCPC: SEPTEMBER 17, 2020 - 9:00 a.m. 3 BCC: OCTOBER 27, 2020 - 9:00 a.m. COLLIER COUNTY GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 TIMOTHY FINN, AICP: 239-252-4312 Packet Pg. 1883 17.A.6 CAA County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver For Petition Number(s): Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners PL20190002323 Regarding the above subject petition number(s), The Covenant Presbyterian Church of Naples, Inc. (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: John C. Hunter, III Signature*: 0 Applicant ❑ Legal Counsel to Applicant Date: J,4,3D 3p * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. D a c a� R a� 2 00 N N T Packet Pg. 1884 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE OU7.At Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 27, 2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County. Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 09-15, AS AMENDED, THE HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT, TO INCREASE THE MAXIMUM SIZE OF THE HOUSE OF WORSHIP USE TO 35,000 SQUARE FEET; TO INCREASE THE ACCESSORY USES TO 88,000 SQUARE FEET; TO REMOVE THE DAYCARE AND SCHOOL PERMITTED ACCESSORY USES; TO ADD OUTDOOR RECREATIONAL AREAS, PLAYGROUNDS AND PLAYLOTS AS PERMITTED ACCESSORY USES; TO ELIMINATE TRACT A AND TRACT B REFERENCES; TO MODIFY THE CONCEPTUAL PUD MASTER PLAN; TO DELETE EXHIBIT G, DEPICTION OF VERTICAL BUILDING, EXHIBIT H, ARCHITECTURAL RENDERINGS AND EXHIBIT I, CONDITIONS OF APPROVAL; ADD A DEVIATION REGARDING CHAIN LINK FENCING; AND ADD A DEVIATION REGARDING PAVED AISLES FOR THE AREA UTILIZED FOR GRASS OVERFLOW PARKING. THE PROPERTY IS LOCATED AT 6926 TRAIL BOULEVARD BETWEEN RIDGE DRIVE AND MYRTLE ROAD IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002323] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, -written materials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 _days before the meeting through the link provided on the front page of the County website at www.colliercounW.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.WII[Ig � colliercounbdl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN f CRYSTAL K. KINZEL CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Teresa Cannon, Deputy Clerk (SEAL) �-o, a) 00 N N rn 00 N N_ R c m a� R M a� c aD t �a Q Heavenly CFPUD Amendment (PL20190002323) Application and Supporting Documents September 17,, 2020 CCPC Hearing MGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 6, 2020 Mr. Timothy Finn, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Heavenly CFPUD Amendment — PL20190002323, Submittal 1 Dear Mr. Finn: A Collier County application for Public Hearing for a Planned Unit Development (PUD) Amendment for properties located on Trail Boulevard, south of Ridge Drive and north of Myrtle Road is being filed electronically for review. This application proposes to amend the Heavenly CFPUD to reconfigure the allowable square footage within the overall PUD, increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School use add outdoor recreational areas, playlots, playgrounds to Tract A, move administrative offices from accessory uses to principal use and remove house of worship from the principal uses on Tract B. the amendment also proposes to add a deviation for Tract A to LDC Subsection 5.03.02.G.1.a, fences forward of the primary fagade. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Pre -application meeting notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Mr. Timothy Finn, AICP RE: Heavenly CFPUD Amendment— PL20190002323, Submittal 1 February 6, 2020 Page 2 of 2 10. Aerial Location Map 11. Traffic Impact Study Waiver Request 12. Deviation Justification 13. Revised PUD Exhibits A-F 14. Original PUD document Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: The Covenant Presbyterian Church of Naples, Inc. Richard D. Yovanovich GradyMinor File CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. Name of Property Owner(s): APPLICANT CONTACT INFORMATION The Covenant Presbyterian Church of Naples, Inc. Name of Applicant if different than owner: Address: 6926 Trail Blvd City: Naples Telephone: 239.597.3464 Cell: E-Mail Address: john.hunter@covenantnaples.com State: FL ZIP: 34108 Name of Agent: D. Wayne Arnold and Richard Yovanovich Firm: Q. Grady Minor & Associates, P.A Address: 3800 Via Del Rey Telephone: 239-947-1144 and 239-435-3535 Cell: Fax: and Coleman, Yovanovich & Koester, P.A. City: Bonita Springs State: FL ZIP: 34134 Fax: E-Mail Address: warnold@gradyminor.com and rovanovich@cyklaw.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: Heavenly CFPUD Zoning district(s) to the Heavenly CFPUD zoning district(s). Present Use of the Property: House of worship and similar accessory uses related to churches House of worship, administrative offices and similar accessory uses related to churches Proposed Use (or range of uses) of the property: Original PUD Name: Heavenly CFPUD Ordinance No.: 2009-15 and 2013-31 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 2___/4�25 Lot: 1-13 Block: O Subdivision: Pine Ridge Extension Metes & Bounds Description: See PUD Exhibit D Plat Book: 3 Page #: 51 Property I.D. Number: 67285160009 Size of Property: 1'290+_ ft. x 540+/- ft. = 696,600+/- Total Sq. Ft. Acres: 1 5.9+/- Address/ General Location of Subject Property: 6926 Trail Blvd. PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑■ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-1 Residential S RSF-1 Residential E RSF-1 Residential W Relican Bay DRI/PUD Residential and U.S. 41 ROW If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. /N.A. /N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/]ndex.aspx?page=774. Name of Homeowner Association: Pine Ridge Civic Association (PRCA@PineRidge34108.com) Mailing Address: PO Box 111208 City: Naples State: FL Zip: 34108 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. February 1, 2019 Page 4 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N.A. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. February 1, 2019 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name ofApplicant(s): The Covenant Presbyterian Church of Naples, Inc. Address: 6926 Trail Blvd Telephone:239.597.3464 Cell: City: Naples State: FL E-Mail Address: john.hunter@covenantnaples.com Address of Subject Property (If available): 6926 Trail Blvd. city: Naples State: FL ZIP: 34108 ROPERTY INFORMATION Section/Township/Range: 2-- J= Lot: 1-13 Block: O Subdivision. Pine Ridge Extension Metes & Bounds Description: See PUD Exhibit D Plat Book: 3 Page #: 51 Property I.D. Number: Fax: 67285160009 ZIP: 34108 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: Additional 25,600 square feet of Accessory Uses* Peak and Average Daily Demands: A. Water -Peak: 7258 gpd Average Daily: 5376 gpd B. Sewer -Peak: 5184 gpd Average Daily: 3840 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: December 2021 February 1, 2019 Page 6 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. *Accessory Uses include the following: Religious educational classrooms and chorus rehearsal room Social/meeting and fellowship center Administrative church offices February 1, 2019 Page 7 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Heavenly CFPUD, Property I.D. Number 67285160009 6926 Trail Blvd. (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for CF planned unit development CF 0, anoviM KoesteroPte PA. and Coleman, ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner John C. Hunter, III as VP of The Covenant Presbyterian Church of Naples, Inc. Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this who is personally known to me or has produced Printed Name day of 201_ by as identification. Notary Public (Name typed, printed or stamped) February 1, 2019 Page 8 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ■❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 ❑ 0 Architectural Rendering of proposed structures 1 ❑ 0 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 0 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ El Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ 0 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ El School Impact Analysis Application, if applicable 1 ❑ El Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ 0 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ 0 ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre X PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 X Transportation Review Fees: X Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net X Legal Advertising Fees: X CCPC: $1,125.00 X BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5t' and subsequent re -submittal will be accessed at 20% of the original fee. r- '�-:) 01-27-2020 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party February 1, 2019 Page 11 of 11 Heavenly CFPUD (PL20190002323) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The Heavenly Community Facility Planned Unit Development (CFPUD) is a 15.9 ± acre property located on Trail Boulevard, south of Ridge Drive and north of Myrtle Road. The property is Designated Urban Residential, Urban Mixed Use Residential on the Future Land Use Map. The property is currently zoned Heavenly CFPUD. The Covenant Presbyterian Church is now the sole property owner of all property within the Heavenly CFPUD. The church wishes to relocate the church offices from their existing location within two former single-family homes in the northwest portion of the site into a newly constructed building located in the northeast portion of the site. The two existing houses would then be demolished and would be designated as open space areas. The existing sanctuary building in the northeast portion of the site will be demolished in order to construct the new church offices. The applicant proposes to amend the CFPUD to reconfigure the allowable square footage for the overall CFPUD, increase the allowable square footage for the overall PUD, remove Child/Adult Day Care / Pre- K/Kindergarten / School use, add outdoor recreational areas, playlots and playgrounds. Maximum sanctuary seating for the PUD will remain at 1,200 seats. The amendment also proposes to add a deviation from LDC Subsection 5.03.02.G.1.a, fences forward of the primary fa4ade in order to permit a chain link fence to be installed around the proposed outdoor play area. A revised Master Plan is proposed which eliminates the Tract A and B designations and labels the proposed uses on the plan. One access point to West Street is also eliminated. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The site has previously been deemed suitable for the church and related uses. The property immediately located to the north, east and south are zoned RSF-1 and developed with residential. Buffers have been established consistent with those required by the PUD Development Standards and Collier County Land Development Code. The applicant has committed to increase the height of the hedge along Ridge Drive and West Street, consistent with the hedge previously installed on West Street. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained June 16, 2020 Page 1 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Heavenly CFPUD (PL20190002323) Evaluation Criteria at public expense. Findings and recommendations of this type shall be made only after consultation with the countyattorney. The applicant controls all the land within the Heavenly CFPUD. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Future Land Use Element: The property is located in the Urban mixed Use, Urban Residential Subdistrict. The urban designated areas of the County are designed to accommodate community facilities such as churches. Policy 5.6 of the Future Land Use Element requires that developments are compatible and complementary to the surrounding land uses. The CFPUD was previously determined to be compatible and complementary to the surrounding area. The CFPUD includes buffers and development standards which insure compatibility. The church has demonstrated its ability to be a compatible land use. None of the proposed changes to the PUD will create an incompatible land use relationship. Objective 7 and related policies promote interconnectivity of land uses. Access to the site exists from West Street, Ridge Drive and Myrtle Road. Access commitments were negotiated with the Pine Ridge community and will remain in the PUD. the proposed PUD modifications are consistent with the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The existing CFPUD provides for landscape buffers which have previously been installed along the property's boundaries. This buffer type is consistent with that required when a non- residential use abuts a residential use and will be continued along West Street and Ridge Drive. The amended CFPUD as proposed will continue to be internally and externally compatible. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will provide open space consistent with the requirements of the PUD and LDC, which will include lakes, buffers and recreational areas. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. June 16, 2020 Page 2 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Heavenly CFPUD (PL20190002323) Evaluation Criteria Adequate infrastructure is in place at the project site to service the proposed commercial uses. g. The ability of the subject property and of surrounding areas to accommodate expansion. The CFPUD boundary is not proposed to be modified and cannot be expanded due to existing public roadways surrounding the CFPUD. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CFPUD includes development standards and conditions which will assure compatible and complementary development. Two new deviations are being requested from the Land Development Code, one to allow a chain link fence forward of the primary fa4ade to enclose the outdoor play area and one to not require paved aisles for the area utilized for grass overflow parking. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Future Land Use Element: The property is located in the Urban mixed Use, Urban Residential Subdistrict. The urban designated areas of the County are designed to accommodate community facilities such as churches. Policy 5.6 of the Future Land Use Element requires that developments are compatible and complementary to the surrounding land uses. The CFPUD was previously determined to be compatible and complementary to the surrounding area. The CFPUD includes buffers and development standards which insure compatibility. The church has demonstrated its ability to be a compatible land use. None of the proposed changes to the PUD will create an incompatible land use relationship. Objective 7 and related policies promote interconnectivity of land uses. Access to the site exists from West Street, Ridge Drive and Myrtle Road. Access commitments were negotiated with the Pine Ridge community and will remain in the PUD. the proposed PUD modifications are consistent with the Growth Management Plan. June 16, 2020 Page 3 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Heavenly CFPUD (PL20190002323) Evaluation Criteria 2. The existing land use pattern. The subject property has been developed as a church campus for over 20 years. The properties located to the north, east and south are zoned RSF-1, which are developed with single family homes. Buffers have been installed consistent with the CFPUD and LDC to insure compatibility of uses and development standards have been included to insure continued compatibility. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The CFPUD is existing and therefore no isolated district is being created. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The property is currently zoned Heavenly CFPUD. Due to the now singular property ownership the owner wishes to modify the plan for their long-term utilization. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The CFPUD document includes development standards to ensure that it is compatible with the immediately surrounding properties. The CFPUD master plan identifies appropriate buffers and open spaces, which will further insure that the development of the CFPUD will have no adverse impacts to the neighborhood. Access to the project is from Trail Boulevard, Ridge Drive and Myrtle Road. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. A traffic impact analysis has been submitted in support of the proposed amendment. No level of service issues have been identified. The character of traffic will not be discernably different June 16, 2020 Page 4 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Heavenly CFPUD (PL20190002323) Evaluation Criteria than that historically permitted for the subject property, or the type of traffic currently utilizing Trail Boulevard, Ridge Drive and Myrtle Road. 8. Whether the proposed change will create a drainage problem. The project has internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the limitation on building heights, setbacks, and the existing buffering, there will be no reduction in light or air for adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. Development subject to the CFPUD standards will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed, and the proposed amendment is consistent with those permitted on the site and should not be a deterrent to improvement or redevelopment of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. This process does not grant a special privilege to a property owner and the process is consistent with the process outlined in Chapter 163, F.S. for amendments. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The amendment is necessary to create a long-term utilization plan for the site now that the applicant controls all of the property within the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed amendment is in scale with the needs of the neighborhood and Collier County. June 16, 2020 Page 5 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Heavenly CFPUD (PL2O19OOO2323) Evaluation Criteria 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The Heavenly CFPUD is an approved and existing PUD. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property is developed and there are no obstacles to construct the proposed uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the Growth Management Plan and it is compatible with surrounding development. June 16, 2020 Page 6 of 6 HCFPUDA-19 Evaluation Criteria-rev2.docx © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliereo►+.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDA Date and Time: Monday, 10/28/19 10 : 30AM Assigned Planner: 'timothy Finn Engineering Manager (for PPL's and FP's): Project Information Project Name: Heavenly PL#: PL20190002323 Property ID #: 67285160009 Current Zoning: CFPUD Project Address: 6926 Trail Blvd City: Naples State: FL Zip: 34108 Applicant: Sharon Umpenhour D. Wayne Arnold, AICP & Agent Name: -Richard D Yovanovich Phone: (239) 947-1144 3800 Via Del Ray Bonita Agent/Firm Address: y City: Springs State: FL zip: 34134 Property Owner: Covenant Presbyterian Church of Naples, Inc. Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 C; er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093. r If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletongDnaplesgov.com Allyson Holland AMHolland@naplesgov.com Robin Singer RSinger@naplesgov.com Erica Martin emartin(a)naplesgov.com Disclaimer. Information provided by stab to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier ov.net Meeting Notes ter• �!� � �� 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 1YA-c vt ors n101 data aquad. Other required documentation for submittal (not listed on application): Disclaimer.- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The m ' um total daily trip genera ' -for the PUD not exceed o-way PM peak-` hour trips base n the use co in the ITEM al on trip gene r n rates in effec the ti a of applic on for SDP/S A or subdivis' plat approval." Use Codes Provide Moth ITE and SIC use codes in the TIS. PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legat sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Co*er County L. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,colliergov.net (239) 252-2400 Pre -Application Meeting Sign -in Sheet PL# PL20190002323 Collier County Contact Information: Name Review Discipline Phone Email David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown@colhercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov IL Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@coliiercountyfl.gov Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov im Finn, AICP Zoning Division 252-4312 timothy.finn @colliercountyfLgov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfLgov I James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfLgov ❑ Richard Henderlong Principal Planner 252-2464 rchard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 johr.houldsworth@colliercountyfLgov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfLgov I John Kelly Zoning Senior Planner 252-5719 john.kelly@coiliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov L Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfLgov Updated 7/11/2019 Page 1 4 of 5 CO*6r Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@col liercountyfl.gov Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfLgov L Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ nnis Moxam Addressing 252-5519 annis.moxam@colliercountyfLgov Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfLgov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov Brand[ Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyflgov _ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com C Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenbium@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyflgov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfLgov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfLgov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfLgov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfLgov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfLgov X Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velsco@colliercountyfl.gov C Jon Walsh, P,E, Building Review 252-2962 jonathan.walsh@colliercountyfLgov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfLgov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfLgov ❑ Christine Willoughby Development Review -Zoning 252-5748 Christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov X E Ile.', "nU(-(C ffoQl r ++a�i5 Clmrdr'�1r" Additional Attendee ntact Information: a_`&-S-75$EII().'qurf-I VEtincolIIer-ca., fI yu Name Representing phone Email %Wo — V h u _3 46 �cr nah ►-., L .; 1l�c�� Updated 7/11/2019 Page 1 5 of 5 Ov.Ca Iro p,j's , con Applicant/Agent may also send site Co ley county plans or conceptual plans for review in advance if desired. Growth Management Department Zoning Division PL20190002323 - Heavenly PUDA - PRE-APP INFO Assigned Ops Staff: Ellen Murray Camden Smith, (Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour2gradyminor.com • Agent to list for PL# D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A. Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. **Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) o- 67285160009 — Covenant Presbyterian Church of Naples, Inc. 0 Confirm Purpose of Pre-App: (Rezone, etc.) PUD Amendment • Please list the details of the project including density, proposed or considered uses for the project, size of commercial vs. residential, number of homes/units/offices/docks (any that apply): Amend the PUD to remove daycare and school uses, modify development standards and Master Plan • Details about Project (choose type that applies): PUD-A — is this a phased development, adding uses to an existing PUD or what changes are you proposing or what project are you seeking input for. Is there any specific Tract or addition of a Tract/Use? REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zornirig Staff Information Zoning Derision - 20 North Horseshoe Drwe - Naples, Florida 34104. 239-252-2400 • www coliergm.net Co per County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov_net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.coiliercountyfi.gov/HomeShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1i ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 [] Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 _+ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ fl Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)+ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 Coer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 "The following exhibits are to be completed on a separate document and attached to the application packet: X Exhibit A: List of Permitted Uses X Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D. Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO RF RnttTFn Tn TNF Fni i nuuirur. R1:X/1r1A19:Rc• School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL Nichole Johnson Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities ❑ Other: I ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application N meeting): $2,500.00 N j Pt Listed or Protected Species Review (when an EIS is not requireft $1,000.00 Transportation Review Fees: V�wj_Ak_ > a Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Coil V Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net XLegal Advertising Fees: CCPC: $1,125.00 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date February 1, 2019 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190002323 1 John C. Hunter, III (print name), as Vice President applicable) Of The Covenant Presbyterian Church of Naples, Inc. (company, If applicable under oath, that I am the (choose one) owner=applicant F71contract purchaser and th 1. I have full authority to secure the approval(s) requested and to impose covenants < the referenced property as a result of any action approved by the County in act; application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other sup attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during norr for the purpose of investigating and evaluating the request made through this applic 4. The property will be transferred, conveyed, sold or subdivided subject to th restrictions imposed by the approved action. 5. Well authorize Q. Grady Minor & Assoc., P.A. and Coleman, Yovonavich & Koester, P.A. t0 act as ou rl in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identifiE partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee' • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, pan use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authoriza the facts stated in it are true. 1 Lv to Signature Da- id�C. Hunter, III as VP of The Covenant Presbyterian Church of Naples, Inc. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 6 —0V ad John C. Hunter, III (name of person providing oath or a i VP of The Covenant Presbyterian Church of Naples, Inc. Wh is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL ia•........ M BETHEL J. NAGY MY COMMISSION # GG 01119$ •r z ro EXPIRES. November 9, 2020 '•:fa 6. Bonded Thru Notary Public Underwriters �a Signature of Notiq Public CP\08-COA-00115\155 REV 3/24/14 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 nROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership The Covenant Presbyterian Church of Naples, Inc. 100% a Florida not for profit corporation If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [* Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a comoration. DartnershiD. or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address 19815 2010 years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 D. Wayne D. Wayne Arnold, AICP Datleally 20signed20.01.14y144: 600 05'00 Arnold, AICP Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) 01 /14/2020 Date Created 9/28/2017 Page 3 of 3 Ca*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Heavenly CFPUD, Property I.D. Number 67285160009 6926 Trail Blvd. (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for CF planned unit development (CF PUD) zoning. We hereby designateY—GZvviYch3Ksler,Ppes,P.A.atlColeman, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. 90�rOwner J . Hurler, III as VP of The Covenant Presbyterian Church of Naples, Inc. Printed Name Printed Name STATE OF FLORIDA) ' COUNTY OF COLLIER) (� Swor o (or affirmed) and subscribed before me this �n day of 20&0 by dT l(�k4 Q (i� � r' who Is personally knowrt to me Qr has produced as identification. ry r ti►*%::' i BETHEL J. NAGY My COMMISSION # GG 011198 ig: WIRES. November 9, „?+7 Bonded Thru Notary pLUIC Unlerwriters February 1, 2019 a Notary Public (Name typed, printed or stamped) Page 8 of 11 Heavenly CFPUD Amendment (PL2019O002323) Exhibit A LOTS 1-13, 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, FLORIDA. January 14, 2020 GradylAlintir Page 2 of i HCFPUDA-19 ExhibitA.docx Civil Pugincers • Land StuTcyors • Planners • Landscape Arrhiterts Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Pine Ridge Extension Lot 1-13, Block O, PB 3 PG 51 - S3/T49/R25 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 67285160009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 6926 Trail Blvd. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right of -way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Heavenly CFPUD (Not approved at this time.) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # SDPA-PL20130000534 Rev. 6/9/2017 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Heavenly CFPUD Please Return Approved Checklist By: 0 Email Applicant Name: Sharon Umpenhour ❑ Fax ❑ Personally picked up Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number. 67285160009 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: (//Ir Date: 01/23/2020 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Collier County Property Appraiser Property Aerial Site 6926 TRAIL Site Zone Parcel No 67285160009 Address BLVD Site City NAPLES *Note 34108 *Disclaimer Open GIS in a New Window with More Features. This instrument was prepared by. THOMAS E. MALONEY, ESQ. 17�� J KALl1N" & CRAB, CHAltT6R1>I� lr.e.ek C.0t, 6wo 7 d Wnl. NKM RAMS. F7.OitmA 33W (STATUTORY FOAM—SECRON 68t.02 F.S.) WITHOUT OPINION OF TITLE 4i9 fie, Mode this Z day of -Z-GU ►, .ems, 19 Bl . ;rim" P. W. EDWARDS, TRUSTEE OF THE EDWARDS - CHARITABLE TRUST OF 9 2 FAGF 9 5 °J of the county of Collier State of Florida grantor*, and THE COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC., A FLORIDA CORPORATION whose post office address is 3961 Gordon Drive, Naples, of the county of Collier . sloe of Florida 33940 grantee*, NtiMOW14. That said grantor, for and in consideration of the sum of ----------------------------------- --------------- TEN AND NO/100 ($10.00)---------------------------------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Col 1 ier County. Florida, to wit. Lot 2, Block 0, PINE RIDW,EXft 'e Plif i Publ is Records of Coll iEs `� u t fix, da T , SUBJECT to restrictj6,. ;� ations and easement and said grantor does hkby persons whomsoever. 3 W, 3n Witnrso Rherrnf', Signed, seoied and delivered i 4 g 1 cr, warrant the title to said land, ❑n& and "grantee' are used for sinquiaG A (:krantor has hereunto set grantor's a pf2 fee �� vTM Book 3, page 51, Fib 0 the subdivision. Jff� r,-; f i-ORidA K _ f 57 PH'81 defend fne sour a�sf the lawful claims of all ndeseo#tkiie%do sjGnci year first above written. r E ii ;RUSTEE OF THE IDWARDS' -t _ y„tseat! 5eaf' STATE of FLORIDA COUNTY Of COLLIER I HEREBY CERTIFY that on this day before me. an offrcer duly qualified to take acknowledgments. personally 000eored P. W. EDWARDS, TRUSTEE OF THE EDWARDS' CHARITABLE TRUST to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. WIT8N1ESS my hand and official seal in the County and State lost aforesaid this day M � , t tL l 19 Notary Public My commission expires.- 3 yav N T/tp>rrn , rr. "0p VVIOW Mete S F. � 33f t/v coLLIFR [aUNrr FLA;a4 V-LL-A1/ J q�J GAN [tiro �r CfKurt CGrlrt 01476279 '0-1k 01 -r nil= i13 a T-141 S WAIZP'SNty OEED ?"de the � a? �w3'v dr rQhs n y7 pSdt `s T Y3d1k`iT i fi titO 1 rOOMEiry ;*I'd W 1 tJON4 t ; SSAT01 e'k`+�+9 W I P'E 33trei2+3#t+3+ called the sit >'tc}r . to T1+11E COYTTI14"T POE SYT£ntAu cj,;OgCi+ or a cerara•et.sn� + f' sl�illIt iati no tinder trte la*9 Of the Stat R. Of f Ior �0. mot fOr of fi! . hn� v-•s-.o.Ww vww 6N1•,.,.-- with itfi por"anent Vast ofeice address at: b'i25 U.S. 41 North StiD......— tr<aolec. Florida 33g63 /��_„r___��tereioafter called true grantee: s"Ad herein the torms vantor, and 'grantee, include ++��l+ (Wherever used all the parties to this instrument and the heirs. legal Yeoresen.. tatiu+es and aigns of individuals. and the successors and the }3LtL"C+3551SY �' $ nd assigns of coroorations.) for in consideration of the CD G'J � WITNESSETH: That the gr:Intor, .and of $10.40 and other valuable Considerations, rgCeif?t whereof ... Sum is hereby acknowledged, hereby grants. bargains. sells. aliens, p ..» remfses. releases. conveys and Confirms unto the grantee. all ( N r ►.nt rartAin land situated in COlifeY County, Florida. Vit' LOT a, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THE PUBLIC THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51 OF RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.067285200008 SUBJECT TO TAXES FOR THE YEAR 1991 AND SUBSEQUENT YEARS, RESERVATIONS AND LIMITATIONS TOGETHER CONDITIONS, RESTRICTIONS, WITH EASEMENTS AS THEY APPEAR_E3tMONG THE PUBLIC RECORDS OF COLLIER t -V COUNTY, FLORIDA, AND APPL3'CAB Z�1,1NG ORDINANCES, IF ANY. 4X D TOGETHER with all the>+emerrts hr,,ditaments and appurtenart- ``a rri r ces thereto belonging or':fn anywise e_rtaining. TO HAVE AND TO HOLD the same in fee'`,'iml, le forever . —'-covenants 't'grantee that the AND the grantor hereby ,said f,,said hand xn fee simple; that the grantor is lawfully se,lzec to sell and convey grantor has good�`righ �n�ll1?ritY t aiitor lhgr e y� 41 warrants the title to said land that the 9� d f d, t 0,5, me g i st the lawful claims of said land and wi ,l, & i br t t ' and is free of all all persons whom�;oee t to December 31, encumbrances, ex,-, t, taxes accruing, syuen 1990. �. � ti IN WITNESS WHEREOF �t�he said grator °°;has signed and sealed these presents the day' 'r*d Year first a ove written. Signed, sealed and deliv'ol MARVINTGO RY L. S. WI MESS #2 WINONA C. M`ONT�C,OM Yt STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ROBERT MARVIN MONTGOMERY and WINONA C. MONTGOMERY, HUSBAND AND WIFE to me known to bthe ing instrument and sthey acknowledged before hme that uthey ted texhe o executed the same. Witness my hand and official seal in the County and State last _.af,;gresaid this ✓IST DAY OF MAY, A.D. 1991.� e Y, Notary Public C •�, .. Notary Public, State of flodda at r+ : Commission E IMS July 22,199 My commission expiresw E \j•• �y Global Title Company iiiiinstrument prepared by: k ,.. 4501 Tam iami Tr. N. #107 .d,ve�+�p1 p 3eCEiveci�;;'i rn Tax Naples oS ��y'i0 /7 , FL 33940 aoc' <, y F' K 47 Receive t; _,,, �iqFile #GT-4777-91 .:. �,_ REF ;Oi.LIER COUNTY CLcf;nJ7F� C i3Y� , .1 t t? f f toS'b VAR rw V% Pic;: Dv 714TS WA40,AWTv 2EtD Mk*de tfie Z1 0,Aw or 3RAw A D , 1 x?i L*v e�Ci aR�i?G+4� # fi4sS.Gi'.¢ �tfi .YaClra tfrtiitKE,xFw . .Fo : r•,t> tj•r i�srtl 7+r0►a7teE'�w {i�rh...rrw here€tsafter 441led the txrante? to �KVwrwnw�. t+��.ra! T14E COVIEJ�M4T PRESBYTERIAN CJAJA,34 OF 3yz,P'LE5. ITT .. a CorPOrk; in- fav%woo etist€ng under the laws of tilt; Stato of Plorida. not for profit, itith its per»anent ",at >ffiCe address at: 6926 U.S. Est North Paples. Florida 33463 here€nafter called the grantee: (wherover used here€n the terms 'grantor' and 'grantee' include all the parties to this instrument and the hers, legal represen- tatives anti assigns of individuals, and the successors and the successors and assigns of corporations.) WITNESSETH: That the grantor, for and in consideration of the sum of $10 other and nrhr valuable cnnaEdes ration. recatot whereof is herebyacknowledged, hereby grants, bargains, sells, aliens, �j remises, releases, conveys and confirms unto the grantee, all tk> that certain land situated in Collier County, Florida, viz: cz LOT 4, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT w THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51 OF THE PUBLIC N RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.O.067285200008oR Co ---_ = THIS IS VACANT LAND. SUBJECT TO THAT PEfl-(AIN ___MORTGAGE EXECUTED BY ROBERT MARVIN MONTGOMERY , A MARRIED ; �MA� TO '3OW-E:1 GUIDI , ; DATED MAY 21, 1991 .a . AND RECORDED IN b.R. BODK 1618 AT PAGE 694 OF THE PUBLIC RECORQ$ ' Ct -1 I ti 1s�NTt':,, FLORIDA, WHICH HAS A PRINCIPAL BALANCE ¢'F �10 3 DO f 40,; WF C i `SAID GRANTEE HEREIN tL� i AGREES TO ASSUME t SAY r= P cry U SUBJECT TO TAXES FOR,",'HE YEAR 1991`NDiSUBSEGIUENT YEARS, pc CONDITIONS, RESTRICT NS, RESERVA�TONS A�NP LIMITATIONS TOGETHER WITH EASEMENTS AS T4*,"RPPEAR AMONG'T "PUBLIC RECORDS OF COLLIER -� _j COUNTY, FLORIDA, AND APPLICABLE ZONI,NGT,_6RCSINANCES, IF ANY_ TOGETHER with all thee 3rieY�t---hereditaments and appurtenan- ces thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1990. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our fprre�sence:: at WITNESS # ROBE T ARVIN MONTGO Y 4j 3C/1Y7 /U �D /J W NESS #2 WINONA C. MONTG02+7 Y 0 � ZeCelvetJ $ +i4 a � 5� ik�susnentary Stamp lax Received $ Class l ProperIntangty Persona! Property Tax ©LLt£R COUNTY CLERK OF COURTS RV v11 W Mctt1 a C OR 1300K PAGE STATE (W F LOA10A COUNTY OP COLLIER I iWiPEDY CERTIFY that on this day. before +fie, an officar el'Ily authorized in the State Aforesaid and in the County aforesaid to tape a acksioolodvollonts. 0orsonailY Appeared POIBtRi PIA4VIN MONTGOMERY joined by his rrifo. WtNONA C. flofir"HERY to rye know" to be the persona descrfbod in and who executed the foregoing instrument a0d they 4tkno;ledgod before me that they executed thw same. Witness my hand and official seal in the County and State last aforesaid this vA/4 DAY OF MAY, A D. 1991. Notary publ io i My commission exp*Pw_'Xw Fj1Y2?,im ',. 4!h4, instrument prepared by: Global Title CampanY 01�- 4501 Tamiami Tr. N. #107 Naples, FL 33940 File #GT--4791--91 G 40A C yc AtdsCo `.��\�A Sept �et� L�'A�tSG. k DIS41491 a Wit a S�S# I.��tlt!!A•M1►1�11f1lP DK1�D Hade t;heV1? DAMP OF tWC:VMrV, A.V. 1991 by AiUMfM PSpWtLtA and ADA PNP to A,. HtS WITZ whose address is 911 hest Street, staples, FL 33903 htre "fter aell d "o grantor. to COvEttAltT PttBSBYTEiRIAN CWMCH OF VAPLES, tfic.., a corporation not -for -profit existing under the laws of the State of Florida, with its permanent post office address at: 6929 Frail Blvd. Naples, Florida 33963 whose Tax I.D. # is: E4 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of irldividU—S, c'.:..a. the successors and the successors and assigns of corporations.) WITNESSETHs That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Collier County, Florida, viz: LOT 5, BLOCK "O", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#67285280002� SUBJECT' TO TAXES FOR'`THi,-•YEAR 1992'AND:., GENT YEARS CONDITIONS RESTRICTIONS RESERVATIONS' IMITATION TOGETHER WITH EASEMNTS AS THEY EAR AMONG THE B L C RECORDS OF COLLIER COUNTY, FLORIDA, AND AP L 4_'BLE ZONING ORD N JC S, IF ANY. TOGETHER with all tenements, h�eia� nts and appurtenan- ces thereto belonging or in anywise appei"a ing. TO HAVE AND TO HOLD, the same in f as mple forever. AND the grantor hereby venantssrirh said grantee that the grantor is lawfully seized oi14adand"in fee simple; that the grantor has good right and lawful -authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1991. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealedAgd delivered in our presence: L.S. ESS # / ARMANDO P ENEL Pri t Witne Name: li�7NN na�� .S. WITNES # ADA PEPENELLA Print Witness Name: Z- leceived $ Received $ Cisss ^CLLIER COUNTY CLERI' t RY oil .�.��c, p x a1Y`9t1K'IF— s 1' STATE OF FLORIDA COUM OP COLLIER I HEREDY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and eai edheRMA1D4yFaforesaidato take acknowledgements, personally app ADA YEMELLA, =38AND A;:D eJirr_ to ma known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. witness my hand and official seal in he county and State last aforesaid this DAY OF DECEMBER, A. D. N—Ouvey Pub2 is print NQtary Name: '♦rYument �Yy WA 1993 •Tjtlg Company imVL 13394AN. #.10? t File #GT-5812-91 {7 �C Re�pc�fVGE\ \4 )p 3530526 OR: 3703 PG: 2003 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/23/2001 at 02:24PN MIGHT E. BROCL, CLERK CONS 1670000.00 RIC 111 27.00 DOC-.10 11690.00 Retn: GOODLETTE COLENAN ET AL 4001 TANIAKI TR N I300 NAPLES FL 34103 WARRANTY DEED THIS WARRANTY DEED, made on the 21"day ofDecember, 2004, between Living Word Family Church, Inc., a Florida not for profit corporation, whose post office address is 521 West Avenue, Naples, Florida 34108, Grantor, and Covenant Presbyterian Church of Naples, Inc., a Florida not for profit corporation, wl� �Gofi`"less is 6929 Trail Boulevard, Naples, Florida 34108, Grantee. (Where use e to *0,,. d Grantee shall be construed as singular or qq plural as the context re, it �e P WITNESSETH that tl DOLLARS ($10.00) and other the receipt whereof is hereby ac Grantee's heirs and assigns fo County of Collier, State of Flc LEGAL DESCRIPTION or; md,inconsic eratiori of the sum of TEN AND 00/100 KV lu* o tl rat for in hand paid by Grantee, dg&d, 4asJgr te# � bh 6ed and sold to the said Grantee and �e dllc ir�g €ie ribe I d, mate, lying and being in the wit: 4 'A UED HERET!E , AS EXHIBIT A. Property ID Numbers 67295360003 and 67285320001 Subject to: (a) ad valorem real property taxes for the year 2005 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Warranty Deed Page 1 of 2 q41:t©i �' OR: 3703 PG: 2004 AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his or her hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in the presence of: Living Word Family Church, Inc., a Florida not for profit cor oration Dyr Witness # 1 r� Print Name: '�� fyI/fie, ' ' n�rli it rpeiriPnt Vljit+ess #2 U �' Pn'nt Name: J0,01,ik G S '3 Y STATE OF FLORIDA COUNTY OF COLLIER e The foregoing instrument wa 4n wlec 2004, by Paul Foslien as Presid of L`vi>og�W corporation, who is �sonally -'kn S TRACYGLHU Y MY COMMISSION # DO 265444 EXPIRES: November 6, 2007 e«aw iho, No" PWc unaent*" PREPARED BY: Kevin G. Coleman, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 PREPARATION OF DEED ONLY. NO OPINION OF TITLE RENDERED. SCUMW. Pd,..i Cka *U]ft Wad F. IYCNWM4tdhD W—Nry,D"mg 1 t Olt I lged before his day of P , Ida Iy.. Burch, Inc., a Florida not for profit o fo me or who has produced as identification, and who did not take an oath. Notary Public Print Name: Commission Expires #) r & Warranty Deed Page 2 of 2 *** OR: 3703 PG: 2005 *** Exhibit A Part of Lot 6, Block 0, Pine Ridge Extension, being more particularly described as follows: A tract or parcel of land being a part of Lot 6, Block 0, Pine Ridge Extension, according to the plat thereof recorded in Plat Book 3, Pages 51 through 51E, inclusive, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of said Lot 6, thence North 00000'11" East, along the East line of said Lot 6, for 156.94 feet to an iron rod and cap #6569, now set; thence along the arc of a non -tangential curve to the right, having as its elements a radius of 45.00 feet, a central angle of 34143'54", a chord of North 59016'57" West for 26.86 feet, for an arc distance of 27.28 feet; thence South 8805737" West for 276.96 feet to the West line of said Lot 6, passing over an iron rod and cap #6569, now set at 176.98 feet; thence along the West and South lines of said Lot 6 the following two (2) courses; South for 165.64 feet and North 89059'54" East for 300.00 feet to the_point of beginning. AND Lot 7 and a part of Lot 6, Block C A tract or parcel of land being L0 plat thereof recorded in Plat Bq" County, Florida, said tract or parc Beginning at the Northeast corne Lot 7 and a portion of the East lir thence along the arc of a non -tin a central angle of 34043'54" a'ii feet; thence South 88057'37" and cap #6569, now set at 176.t 244.45 feet to the Northwest con 89057'59" East for 300.00 feet to Extension, being rr t of,w q 6, Blpqk 0, of North 59016'57" V �r 276.96 feet to the ; thence along the of slid Lot 7; thence nnina. 5re particularly described as follows: Pine Ridge Extension, according to the ivey of the Public Records of Collier ritXW as follows: T001i" West, along the East line of said to ah.iro0 rod and cap #6569, now set; has rtlements a radius of 45.00 feet, 26 $6et for an arc distance of 27.28 e 4d Lot 6, passing over an iron rod )aid Lots 6 and 7, North for tearth line of said Lot 7, South INSTR 4480276 OR 4609 PG 2900 RECORDED 9/30/2010 9:57 AM PAGES 10 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $5,975.20 REC $86.50 CONS $853,600.00 �(UTT(o- f— r- s6. Sa RERN TO: 0-:5,S. � 9'1 D First American Title Insurance 25400 US Highway 19 N, Suite 135 Clearwater, Florida�3763 33931 This instrument was prepared by: FDIC 1601 Bryan Street, Energy Plaza Dallas, TX 75201 FDIC #10181004743 SPECIAL WARRANTY DEED (Florida) Date: September 27, 2010 '( ) Grantor: FEDERAL DEPO`'IVSURANCE ( as Receiver for/1~lunity Ba Grantor's Mailing 1601 Bryan w ' � V A 4 4 Dallas, TX 7 ,1� Grantee: Covenant PresbyiChurch of Naples, Grantee's Mailing Address: '696,7rai1 Bo1va Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property Description (including any improvements): Lots 8 and 9, Block O, PINE RIDGE EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. Whereas, the subject Property hereinabove described was acquired by Grantor by that certain Certificate of Title executed on October 6, 2008, and recorded on October 6, 2008 in OR Book 4398, Page 3952 of the Official Records of Collier County, State of Florida. Grantor, for the consideration stated and subject to any reservations from and exceptions to conveyance and warranty stated herein, grants, sells and conveys to Grantee the Property, any and all improvements located thereon and affixed thereto, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold the Property unto Grantee, Grantee's OR 4609 PG 2901 successors and assigns forever, subject to (a) the Permitted Encumbrances, as hereinafter defined, and (b) the exceptions, limitations and conditions herein set forth. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend the title to the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to any reservations from and exceptions to conveyance and warranty herein, when and only when the claim is by, through, or under Grantor but not otherwise. Except for the limited covenant of warranty stated immediately above, the Property is conveyed: (a) without covenant, representation, or warranty of any kind or nature, express or implied, and (b) subject to the following matters (such matters hereinafter referred to individually and collectively as "Permitted Encumbrances"): (1) easements, rights of way, and prescriptive rights, whether of record or not; licenses and leases, whether written or oral, recorded or unrecorded; all presently recorded restrictions, resery_atove"rts,"conditions, oil and gas leases, mineral severances; liens, conveyances, and o h_TIEt�g the Property that have not been created, or do not arise, by, through .fir rder Grantor; righ`�«.p'1 qo�Q gwners and co -tenants; rights of adjoining owners in any walls and es situated on a commo6bou ary; discrepancies, conflicts, and shortages in area or bo idar " lixl� any-eneroachments protrusions, or overlapping of improvements; any condition, riot, ciaim,6r.othq matter which`wodid be revealed by a current survey of the Property or which �ouldT 'dtscover��Jby�i spection Hof the Property; all rights, obligations and other, matters em ►abng or abde in"g b ftelson ofthe creation, establishment, maintenance, and operation ar%sou Water- fi r-o emer plstricOdunicipal Utility District, or similar governmental or quasi,�O; rnmental agency, to , anclasse�s ents ofwhatever kind, type, or nature, assessed, levied, du ea gable for the year of0had dti(ih$ which this conveyance takes place and for any subsequent yeah rpeEiod, the payment ofwhicl Grantee assumes; taxes, penalties, and assessments for the year in whi 'isconveyance takes Oahe"and prior years due to change in land usage, ownership, or omission ai7d/ota�stakfsesrient, the payment of which Grantee assumes; (2) existing building and zoningrdanes, land use laws and regulations, and environmental regulations; and (3) rights of parties in possession. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY, (iii) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, AND (iv) ACCESS. GRANTEE HAS OR 4609 PG 2902 MADE ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY GRANTEE. GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT RELYING ON ANY INFORMATION PROVIDED BY GRANTOR IN DETERMINING THE PROPERTY CONDITION. BY ACCEPTANCE OF THIS DEED, GRANTEE SPECIFICALLY ASSUMES ALL RISK, COSTS AND LIABILITIES OF WHATEVER NATURE ARISING OUT OF THE CONDITION OF THE PROPERTY. When the context requires, singular nouns and pronouns include the plural. Signed, sealed & delivered in the presence of: WITNESSES: Printed Na e a .r Printed Name: ,3' w� e STATE OF FLo C i D A COUNTY OF -I)ocvA t, 'C I. F-EPOSIT INSURANCE TIN, as Receiver for Florida Ban dames . Cox T17RNEY IN FACT ,tornby In Fact a stru was acknowledged before me on this the � day of September, 2010 by James S. Attorney In Fact, on behalf of the FEDERAL ATTO N E CORPORATION acting in the capacity therein stated. My Commission Expires: Notary Public Notary's Name Printed or Typed NOTARY puBLIC STATE OF FLORMA " Mark A. Haines Commission #DD991338 ,,,�•� = Expi�r.e�s�f:Ti MAY 12, 2011w4 B=EDTMUAy A nC GCoyn(r'. OR 4609 PG 2903 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION. IN RE: FLORIDA COMMUNITY BANK, a state -chartered bank located in Immokalee, Collier County, Florida. Administrative Proceeding OFR Case No: 0703-FI-12/09 NOTICE IS HEREBY GWEN that as Commissio`tier of the Office of Financial Regulation, in accordance the State of Florida, I have taken possession of FLOMDA COM, MUN BA ,j'ap ointed the Federal Deposit 8 s i f Insurance Corporation ("F O� as receiver not FLORIDA OIL � ITY BANK, and have authorized the FDIC to take and possession oat and affairs of FLORIDA COMMUNITY BANK pursuant to 08.,.8$�58.82, Florida Statutes (2009), ggpp gg¢$ effective January 29, 2010, at 6:00 p.m. EST, of aisuch earlier time on that date as the Offce's duly authorized on site representative specifies. 0 /1" J. 4omas Cardwell, Commissioner Ofyce of Financial Regulation EXHIBIT OR 4609 PG 2904 FDIC Federal Deposit Insurance Corporation 1601 Bryan Street, Dallas, TX 75201 Division of Resolutions and Receiverships January 29, 2010 Mr. J. Thomas Cardwell, Commissioner _..u.___._.a,p�, Florida Office of Financial Regulation 200 E. Gaines Street ' Tallahassee, FL 32399 Subject: Florida Comntu�ytvliiiNi Immokalee,L Dear Commissioner Cardwell ` Please beadvis'o-that the FedetAT epostt:lnsuri*7k—�," tion accepts appointment as Receiderdf Florida Community Ba� Immo)� 'FL pursuant to an order in form and substance as attached. Sincerely, By: Dennis /harmge, Receiver inDIC OR 4609 PG 2905 Doc # 2010184822, OR 13K 15331 Page 394, Number Pages: 4, Recorded 08/09/2010 at 12:41 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $35.50 Prepared by: Renee Marie Araujo, Esq. FDIC East Coast Temporary Satellite Otrice 7777 Br/meadows way west Jacksonville, FL 32256 (hart alaaa Abort dA. Ilse kr Rt d* la —doer) (spars abavt"sat a..1 be at Iu.t 7 t a .) LIM3TED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL DEPOSIT INSURANCE CORPORATIo ration organized and existing under an Act of Congress, hereinafter th .'� .its Receivership capacity or separate Corporate capacity or as Matlagtite"'FSi.IC dluiWet 'has acquired and will acquire certain assets for liquidation and`ha§ determined that it is nccts�a#'to appoint a representative to act on its behalf in connection with the maintenance and liquidation of said assets, hereinafter called the "Acquired Assets —�� WHEREAS, the FDIC dim o igtate;JAMF.S S1 COX as attorney -in -fact for the limited purpose pfw f" ' dYim" s ufr� of the Acquired Assets; and €91 ere WtWRktthe tiadcrsignc11,�tias fiilf, autho$ to extd—'*,This instrument on behalf of the FDi n er applicable Resolutions`{4 the IC's/ of Directors and redelegations theredt' -�\ NOW, ^�OR,E, the FDIC appoints'" as its true and lawful attorney -in -fact to act ' Its J'"" G Place, and stead and hcrt �g'ts JAMES S. COX the authority, subject to the 1' t iiemfi follows r f` (1) Sign, am de iv e# is the act ind`d�d - the FDIC any instrument in writing, and to do every other thing necessary and proper for the collection and recovery of any and all monies and properties of every kind and nature whatsoever for and on behalf of the FDIC and to give proper receipts and acquittance therefor in the name and on behalf of the FDIC; (2) Release, discharge or assign any and all judgments, mortgages on real estate or personal property, including the release and discharge of the same of record in the Official or Public Records of the Clerk of any Circuit Court or any other official public records or registries, wherever located, where payments on actount of the same in redemption or otherwise may have been made by the Limited Po ofAnemey—JAMLS S. COX Pate Iof OR 4609 PG 2906 OR BK 15331 PAGE 395 debtor(s), and to endorse receipt of such payment upon the records in any appropriate public office; (3) Receive, collect and give all proper acquittance for* any other sums of money owing to the FDIC for any Acquired Asset which the attorney -in -fact may sell or dispose of; (4) Execute any and all transfers and assignments as may be necessary to assign any securities or other chosen in action; (5) Sign, seal, acknowledge and deliver any and all agreements, easements, or conveyances as shall be deemed necessary or proper by the FDIC attomey-in-fact in the care and management of the Acquired Assets; (6) Sign, seal, acknowledge and deliver indemnity agreements and surety bonds in the name of and on behalfg >he (7) Sign recejpta .peghreai o3 alima d� is due or to become due on the Acquired (8) Exetute, aB ewle ilge�agd deliver deeds of real'property in the name of the FDIC r vc a4 S (9) l xten�Y t*� dther action regarding arpy mo r a he d `e] ine e C; � ' a (10) a° trd d ds v the o f t�ta ` c a power of attorney iv er necessary or required b} w to attorn , ployed by the FDIC; ' (11) Fo y mortgage or other liZtt al or personal property, wherev (12) Do and far wi use, liquidation or collection of the Acqutred tlsst�tti II ut (be LLa wtlte FDIC; (13) Sign, seal, acknowledge and deliver any and all documents as may be necessary to settle any acticn(s)'or claims) asserted against the FDIC, either in its Receivership or corporate capacity, or as Manager of the FSLIC Resolution Fund. This Power of Attorney shall be effective May 10, 2010, and shall continue in full force and effect through May 9, 2012. unless otherwise terminated by any official of the FDIC authorized to do so by the Board of Directors of the FDIC. t.imiW Po ofAnomry—JA-Hn S COX Pap 2 of1 OR 4609 PG 2907 OR EK 15331 PIECE 396 IN WITNESS WHEREOF, the FDIC, by its duly authorized officer empowered by appropriate resolution of its Board of Directors, has caused these presents to be subscribed in its name this tN day of August, 2010. FEDERAL DEPOSIT INSURANCE CORPORATION /1 Nan"PHELIA JONES r - - Title: Manager of Customer Service - East Coast Temporary Satellite Office 7777 Baymeadows Way West Jacksonville, FL 32256 Signed in thppraence of. witness: o Printed Name: /A,uNF Witness:�.�, �R ` Printed NamE'.'_''��1 a• �_ STATE OF FLORIA� } �� COUNTY OF DUVAL I On this 4' `d*-of u�20�0ibe or a Not, llubh4 f��a�d for the State of Florida appeared OPIE� �NES,`to tad pe so kno o� k *. by me first duly sworn did depose d hef a is Manager of Customer ce, East Coast Temporary Satellite Office of the � Federait Insurance Corporation (tCorporalto�`�;,in whose name the foregoing Limited Pou Attomcy was executed and s-9-41 ibcd,'and the said Limited Power of Attorney was executed9d subscribed on behalf of the satd�'6orporation by due authority of the Corporation's Board of Duecitors, and the said OPiELIA` OAFS, acknowledged the said Limited Power of Attorney to be�ihas act.�pd d_Mci o f "id Mon_ [PLACE NOTARY SEAL BELOW i-lE-- 1t0 M PUBLIC -STATE or nc=A Ata Davis Th=u 1"sl tiwfDD93TX8 Notary lic �tl bMirer NOY02,2013 Printed ameofNo pLLt n S3mr0canw.t *CKD om.V Commission No.: PD-��QJ�y ��1oRAQS My Commission expires: 11mited Power of Artomry — JAMES & COX Page 3 of OR 4609 PG 2908 OR BK 1S331 PAGE 397 STATE OF FLORIDA } COUNTY OF DUVAL } On this 91-daa f August, 2010, before me, a Notary Public in and for the State of Florida apI�ed _ifLnnP_ 11A rL,riPe` (witness #1) and _. (witness #2), to me pcis0uaiiy lmowrs TD be t2 persons whose names are subscribed as witness to the foregoing instrument of writing, and after being duly swum by me stated on oath that they saw OPHELIA JOKES, Manager of Customer Srnice, Fast Coast Temporary Satellite Office, of the Federal Deposit Insurance Corporation, the person who executed the foregoing instrument, and had subscribed the same, and that they had signed the same as a witness at the request of the person who executed the same. [PLACE NOTARY SEAL BELOW HERE] NOTART PLBLIC•57ATE OF FWIMA 61) Auwan Davis Tbomss Coauai:60a ODD937703 E:pim, HOK 02.2013 10ram itae �TSARfe wmagnt PC Printed Name of? Commission No.: Limited Power of Attorney _ JAMS S. COX - Pie 1 of 4 STATE OF FLORIDA DUVAL COUNTY I, THE U1IDERSIGNED Clerk of the CircU;t COCrI, Dural Cur'. Florida, DO HEREBY CERTfFY the within aid tcreeoine is a true and correct copy of the original as it acpears on rec, rd and rite in the office of the Clerk of Circuit Corrl of Oura: Co;nt% Florida, and the same is in full I Ce and effect. YlITNESS my hand and al of Clerk it Court lacisonrille, Florida, this the day Ck A.. 20 JIM FULR C k, Circuit and County. s Duva County, FloridaT, By Beputy Clerk *** OR 4609 PG 2909 *** COL"-, 4 MIS a CERTIFIED COPY OF TRUE AND CORRECT COPY OFORIGINAL ORIGINAL zwt Heavenly CFPUD Location Map ,Subject Property F GradyMinor Civil Engineers • Land Surveyors - Planners - Landscape Architects 180 90 0 N W+ E S 180 Feet GradyMinor MEMORANDUM TO: Mr. Michael Sawyer, AICP Collier County Transportation Planning FROM: D. Wayne Arnold, AICP SUBJECT: Heavenly CFPUD, PL20190002323 TIS Waiver Request DATE: February 5, 2020 The application proposes to amend the Heavenly CFPUD to increase the allowable square footage for accessory structures located within the PUD. No change is proposed to the total number of seats permitted within the PUD; therefore, there are no additional trips associated with the principal permitted use. Further, the applicant is eliminating the K-8 grade private school from the list of permitted uses. P.M. peak hour trips will be reduced by eliminating the private school use. The applicant requests a waiver from preparation of a Traffic Impact Statement, as no new or additional trips result from the proposed changes. Cc: The Covenant Presbyterian Church of Naples, Inc. Richard D. Yovanovich, Esq. GradyMinor File Q. Grady Minor & Associates, P.A. Civil Engineers • Surveyors • Land Planners • Landscape Architects 3800 Via Del Rey • Bonita Springs, Florida 34134 • (239) 947-1144 • Fax (239) 947-0375 EB 0005151 . LB 0005151 . LC 26000266 HCFPUDA-19 TIS Waiver Request 02-05-2020. docx Page 1 of 1 Heavenly CFPUD Amendment (PL2O19OOO2323) Deviation Justification 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way and that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan or provide Davment in lieu of to Collier Countv. (Previously approved by Ordinance 2009-15). 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. (Previously approved by Ordinance 2009-15). 3. Removed Per PMC-PL2011-872 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, and drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. (Previously approved by Ordinance 2009-15). TFacts A and B; pFevided that the equivalent squaFe footage ef the 10 feet wide buffeF, feF that length b- -ffeF '.yv"cFIrd—PA-t be Fequired- a.A P-1 thP-.refA-re this dev utieR Fequest V1X A- PAt hC ^WITHDRAWN, Tracts A and B are being eliminated as PUD is now under the unified ownership of The Covenant Presbvterian Church of Naples. Inc. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. (Previously approved by Ordinance 2009- 15). June 11, 2020 W GradyMinor Page 1 of 2 HCFPUDA-19 Deviation Justification-rev2.docx Chril Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. :1800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com 7. Deviation #7 seeks relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which requires chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street, then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three- quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade where the chain link fence is screened with an irrigated hedge planting directly in front of the fence facing the external right-of-way. Justification: The proposed chain link fencing is proposed to be used to provide a safe play lot for congregant children. Other portions of the Heavenly CFPUD have utilized chain link fencing with hedge screening. The use of chain link forward of the primary building facade to secure the proposed tot lot will not be unsightly with the vegetative screening proposed. 8. Deviation #8 seeks relief from LDC Subsection 4.05.02.B.1.a.i., "Design Standards", which requires Parking lots and spaces shall meet the following surfacing standards: Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. This deviation will instead not require this CFPUD to provide paved aisles for the area utilized for grass overflow parking where designated on the PUD Master Plan which can accommodate approximately 67 vehicles. Justification: The proposed grass overflow parking does not reduce the required number of parking spaces on site, but rather provides for multi -use of the play area. Because it is limited to only 67 cars, the low volume does not necessitate a paved drive aisle which would otherwise restrict the area as a children's play area. On -site staff will also be present during the days in which overflow parking is required to direct vehicles. Additionally, a concrete or asphalt apron will be installed at the entrance where the highest vehicle volumes and turning would occur. When the grass overflow parking lot is not being utilized, gates have been provided and will restrict vehicular access. The field's primary use is as a youth play yard and the secondary use as grass overflow parking will seldom be used. If this deviation is not approved then the paved drive isles will have a dramatic negative affect on the areas use as a play field. HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through IF Words underlined are additions; words St.-He� are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page I of 23 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. 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 1,000-1,200 individuals. (See Exhibit F, ' r-aet A, r,,,,.,,...,;t,...,en4 Number- 6 item A.5.). B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Church Offices 4. ChildLAdult Day Cafe / We K/Kindefgaften/ Sehool, limited to 1' thfetigh 8th; with no more than a eombined eumulative total of 220 students/individuals eP&o11ed/a#endiag for- the en4ir-e of the T-r-aet A and B owners [if m diff'....., owner -ship] provided the total number- o -5-.4.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. 5. Outdoor recreational areas, play lots, playgrounds, which may include shade structures. 1. TeWer-ar-y Wilding stmetufes may be t4ilized to aeeemmedate existing uses in the initial redevelopment eonstmetion t-Fansition period. Stieh uses shall not begin ui#il after- the pr-opeAy owner applies for- a building pefmit for the first new permanent building and the ma -xi period of tise of stieh temporary building(s) shall be for- a period of 27 months, after- the building Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 2 of 23 III IIj= • Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 3 of 23 EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT - Together with the text that follows below are the development standards for land uses within Trathis 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 MINIMUM LOT AREA 14± acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of-way line abutting the property) wag) est Street Expanded Ridge Drive New stmetttfesTrail Boulevard The fan ft r the height SP-530 ft. S530 ft. SP530 ft. (g) greater- zoned of stmetufe200 ft. -5 -200 ft. for- expanded pet4i , 200 z.; exeept—,50 ft.Tr-ail +... MINIMUM VARDS (between ets) Side 33 ft-. SP& MIN. DISTANCE BETWEEN STRUCTURES The greater of 15 ft. or the sum of the zoned building heights S515 ft. MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES New 50 ft.(1)(2) 2(3) i- 50 ft. (1) 00) 2(D SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE House of Worship (64) Accessory Uses/Maintenance/Storage (75) (9) Gir-eulatiE)n�N4ain4enaneeAStefage 2835,000 sq. ft. 4088,000 sq. ft. 12,000 sq. ft. PRESERVE SETBACKS (860 25 ft. 25 ft. SPS=Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 4 of 23 (2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non - occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0I.D.1, as may be amended. The maximum combined square footage of such building elements shall be 4,000 square feet. See (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should beth TF-Aet B and T-r-aet A be in the same owner -ship, then the permitted intensity shall be rEV ME 2090; of the building's squar-e footage as of the date of PUD appr-eval. A signed and sealed suf-,�ey of the existing btfilding(s) proposed for- expansion and an additional exhibit prepared by and signed and sealed by a pr-efessienal engineer-, whieh depiets the propose (6)(4) House of worship square footage not utilized shall be available for religious educational classrooms. (7)(5) The maximum area of an individual room shall be 12,000 square feet. (8)(6) Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDPA application. f�3 (14D)(7) Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. (g) Unenclosed shade structures may be permitted 25 feet from Trail Boulevard. (9) Does not apply to unenclosed shade structures. Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 5 of 23 R - - .. r��see!eee!tss��e!Err.�rer��r,�r_�ers�:�e!ss. _ ■ , , . �!�rss. _ r��see!eee!tss��e!Err.�rer��r,�r_�ers�:�e!ss. _ ■ , , . �!�rss. _ — ..?sss •� ■ Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 6 of 23 !Efff!7�T_la7�11�. _ �.T-.l.T-�!Efff!7�1SR9.7. Mr. mFV.1M MEN IN ON RML I'61 I lip - WIN The plaza area leleated between the eleat-fal eampus buildings and the —eter- sidewalk a-n&o Flat r-oofs may be utili I ' ondar-y r-oof areas when hidden 4om view by the use of affieula* architectural elements whieh onto and p vide for- an aftie late r-eef line. Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 7 of 23 PRINCIPAL USES ACCESSO USES MINIMUM LOT AREA .°yes N�A 03 FFon Existiftg €� New str ep&r-e SgS SgS SPS Of 504. Sie S s Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 8 of 23 AUN. DISTANCE BETWEEN The—geatiet! of 15 ft. or- ',,2' the sum of !he Sps STRUCTURES zened building heights MAXIMUM ZONED HEIGHT 3-5-ft 3-5�. MAXIMUM ACTUAL HEIGHT 4 (O� 45-*.M MAXIMUM NUMBER OF STORIES 2m -2 MINIMUM FLOOR AREA 500 sq. ft 400 sq. t. MAXIMUM SQUARE FOOTAGE f� 140tise of (_`} Aleelesser-y Uses " • e 000 sq. A may be storage) Mill I - - NO .1 ml �- - - ■ ■ fj - Words underlined are additions; words s*mek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 9 of 23 IN - ■ . . . ................. r�s�•_�s�rEe�e�e�r:r_�!e��sasstis�s��ree!� r�s�•_�s�rEe�e�e�r:r_�!e��sasstis�s��ree!� �:e.�!e�er�. es� ■ ■ WIN ........rMEMP!Ierf!e!ss. _ ■ Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 10 of 23 !mIaP-WW.rqu MIN—M SL7S!M MOMl�. MMU_ ■VW mmom_ ■WIN ■ ORMA'"'M 110111MIN WIN "I ......_ Tn - Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 11 of 23 MIN JAMI Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 12 of 23 V 100008b8ZL9�*ON0190008bZL9 o!IoL IOj -NAlWV3 O 33ONaSsV339S103 N:'oN a IS o -3Sb 6u!uoz:-3S?J 6u!uoz I ----- - - - - -------------------- - - - - -j +! w O�<nrn u� � m w N `°"6 "6 avoll 311HAW U (1N3wno a and Mad SV)1I3zuns'19 oz VA 1 1 mi 1 V3MV 1N3W99VNVW 1al 1131VM AMa 033NVHN3 1 a3dVOSONVI O of T :2 1 1 p .� o Z N z LU = W wap 3o I -j z 1 Y 1 INS wwa w K>U, Czj �N j Q 1 Yz� I 0 4 a p z w Z 1 1 a J Jc7a I 1 1 UOOfz �zN�0I I 1 1 goz4pw� _ \ 1 a W m p w, co 0. Oa Oa¢ 1 � ai 9 1 a a �N thv 1 ee W ro J o 1 w tl Lai co � I 1 1 Z� J m - a w R o W W I IC d B m o N° ~ O I z 1 W cn o a J o l IL I Wal QIL Q a }0 �W ----� al Y } 1 z 1 w p .� 5 LLi a HW Z U I z 1 ---- o f z K Q N D =' N 0 a m 8 I Z H~ 7 z va' m LU `� Z mEll paw a s= a W a}w w� Qa: U' S a1 _ d r u w o f 1 ypZ UI a 3 w amp o LaQ G I Y C� f a. 1 Q m z l a = Zoe �om� 'IBM 1 mw� 1 G rnU N N o ° 1 �aNVN31NIVW z I 1 I 1 l39VMOIS 1 32 I I p 1 =Qi , 1 Lu m1 1 2cwjl g�x 1 Z m M 17 1 +i 1 y o01 z FLn aM NO t�Q I Q r_ 71 R' C 1 1 a\I a Q 1 w 1 } 0 as pp v I JD 0 1 ' /^\ p 1 W 7 Lq �q th I LQN lL lL Ln 1 / \\ 0 1 Q �o ///yyb S� \\ i �S'� J1yy u, rn o j yJ o \u N 1 \ d LOUpWZ �yJ �JNIN21tld a N 3 0 l i \\ ,/ (n1 fn1 Q o¢ w w 1 ¢ c.� g w . wU' a N z w ZZ Z ' wz a�z ^a O' J p� z a a0=�a� U 1 _ ---- 1 -- ----� �__ _�__�__�__�__�__• w M QY N w p O u r o W (1Na oa and e3d sM e3i�ne'130Z zOz aw3 Z W z m 3AIM(3 3JaR! F w 3> U z_ N W - r---- - - 0 pawQwz.wWO NOq :ON 9 :'ON 011°3 ON °o3 I ow p OZ00088L8ZL9 x = wa ,I7IWV3 3l9NIS :asn 3�0NIS :asn JNIWVd l9NIS :asn . 6-3521 bu!uoz -3Sa bu!uoz bu!uoz z mWpwF00 <w O w w ¢ a. Z O p wZggva�m ° > LU Q d z 2 0 < c'J DEVELOPMENT INTENSITY 1-415.9 ± AC --TRACT-A HOUSE OF WORSHIP 10001200 SEAT MAXIMUM CAPACITY 2835,000 SF ACCESSORY USES/COMMON AREAS INCLUDING CIRCULATION/ MAINTENANCE/ STORAGE 4088,000 SF COMMON AREAS INCLUDING CIRCULATION/ MAINTENANCE/ STORAG- 42 n 1 TOTAL 80123,000 SF PRESERVE NOTES: 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 (CP) - 15% OF THE EXISTING 0.8 ACRES OF NATIVE VEGETATION. THE LOCATION OF THE 44 TREES IS PROPOSED TO BE AN INTEGRATION WITHIN PERIMETER LANDSCAPE BUFFER ALONG WEST STREET AND MYRTLE ROAD. THE .12 ACRE CREATED PRESERVE REFERENCED IN THE PUD COMMITMENTS SHALL BE LOCATED AT THE TIME OF SITE DEVELOPMENT PLAN APPROVAL. NOTES: 1. ANY SDP APPLICATION SHALL FURTHER CONFORMANCE WITH THIS MASTER PLAN. THE PHASED DEVELOPMENT OF THE PLAN SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THIS APPROVED MASTER PLAN; EXCEPT TO ADDRESS THE POTENTIAL REDEVELOPMENT OF BUILDINGS LABELED ON THIS MASTER PLAN AS "EXISTING" AND THEIR ASSOCIATED PARKING LOTS AND RELATED IMPROVEMENT; AND, SHOULD COUNTY TRANSPORTATION REQUIREMENTS REQUIRE RE -ALIGNMENT OF DEPICTED ACCESS DRIVE LOCATIONS FROM TRAIL BOULEVARD - PROVIDED THAT A MINIMUM DISTANCE OF 330 FEET IS MAINTAINED FROM THE NORTH AND SOUTH CFPUD BOUNDARIES. n REDEVELOPMENT ENT OF TRACT "B" IS GOVERNED NED BY CFPUD DEVELOPMENT STANDARDS HEAVENLY CFPUD © GradyMinor O. Grady Minor :..... Rey son coDA on: vunn,ia Uri'A 19 Bm0ln Springs. 11,,, is 34131 EXHIBIT C MASTER PLAN NOTE SHEET DATECTPU Civil Engineers . Land Surveyors . Planners . Landscape Architects Fr' DAME o C,,L,fA,Ah. N:B0005161 CerLof A,Ah. 1,130005151 Business CC 26000266 1T IT I M TIM M-[51 AMENDED F Bonita Springs: 239.947.1144 a wa. Grady IIitw r. co m Fort Myers: 239.690.4380 REVISED 07/08/2020 �A SHEET mw-2 OF 2 �' EXHIBIT D LEGAL DESCRIPTION (TRACT A) fTili ri70 0011!7 NZ�yiz�LirT.T�T�T�tyiz�Ziz�7�T�T�Ti�yiz�Z�rtT�T�T�Tr�T.7�z!Z�rsIIT�T�fI LOTS 1 7 ^" D 10 through 13, BLOCK "O", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 15 of 23 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way and that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan or provide payment in lieu of to Collier County. 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. Removed Per PMC-PL2011-872 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 and drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. A and B; pr-ovided that the equivaleat squar-e footage of the 10 ot wide btiffer-, for- that length not Tr-aet. Should the entire ■ ■. , the buffef would net be r-equir-ed and therefore this deviation r-equest would net be app1ieabk-)Yithdrawn. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. 7. Deviation #7 seeks relief from LDC Subsection 5.03.02.G.1.a.. Sunnlemental Standards. which reauires chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade, where the chain link fence is screened with an irrigated hedge plantingdirectly irectly in front of the fence facing the external right-of-way_ Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 16 of 23 8. Deviation #8 seeks relief from LDC Section 4.05.02.B. La.i., "Design Standards", which requires Parking lots and spaces shall meet the following surfacing standards: L Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. This deviation will instead not require this CFPUD to provide paved aisles for the area utilized for overflow parking where designated on the PUD Master Plan which can accommodate approximately 67 vehicles. ■ . e:ar�er_� ■ � . .reeer�n�_ • Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 17 of 23 EXHIBIT F LIST OF DEVELOPER COMMITMENTS areas. A. TRANSPORTATION -2-.1_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. �2_For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4.3The 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. Commitment completed. -54. 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. Commitment completed. • ■ ■ • •Alk 1111111110 All ■ •o2r. WPM■ F4ffA•molumiswAm. rX ilk 0111, • ■_ W •_ • Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5.docx July 8, 2020 Page 18 of 23 first quafter- of a ealeadar- year- for- impaets exeeeding these established as GLthe base" in Paragraph. Commitment completed. 6. 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 the northern and eastern portion of the project boundary prior to issuance of the first Site Development Plan for a new permanent building. Commitment completed. 7. Existing driveways located on West Street and the northernmost driveway on Ridge Drive will be eliminated as the PUD is redeveloped. 10111"N' 'I IRA Sm B. LANDSCAPE BUFFERS 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All reauired buffer trees along Mvrtle Road. Ridge Drive and West Street shall be Ouercus virginiana, and/or Bucida buceras provided in 65 Gallon containers at 14 feet in height and are to be Florida #1 or Florida Fancy. Buffer trees are to be planted on 30 feet center. Quercus virginiana/Bucida Buceras are not to be planted within the reauired 6 feet wide shrub Dlantiniz bed specified below. 3. (a) The hedgeponent of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the east side of 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 Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 19 of 23 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 hedize row. (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 12 feet east of the project entrance and a minimum height of 6 feet west of the project entrance. (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. C. PARKING LOT LIGHTING Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress -egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximum height of 48 inches. D. OPEN SPACE 1. 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. 2. 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 the PUDT+aet-A. E. WATER MANAGEMENT 1. 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 capaci . required by water management design standards for a 3-day, 25-year storm event, (2) the capacity of the existing lake or 3) the capacity required by water management design standards at the time that development order approval is sought.Capacity may be met, in part, with dry water management areas. 2. 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. 3. 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 ultimatelv to the Gulf of Mexico. 4. 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. 5. Subject to final jurisdictional agency permitting, the designed capaci . 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 Words underlined are additions; words stmek thtwugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 20 of 23 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. 6. 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. 7. 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. 8. 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 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 existingbuildings uildings and their associated improvements between phases. H. PRESERVE The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the first SDP. I. PARKING SPACE REQUIREMENTS AND RESTRICTIONS 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 600. I HOURS OF OPERATION RESTRICTIONS 1. Worship between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the accommodation of special functions. 2. Non -worship use of the facilities: between 7:30 am and 10:30 pm. Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 21 of 23 3. Music 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. K. PUD MONITORING One entity (hereinafter the ManagingEntitx) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is Covenant Presb. erian Church of Naples Inc., 6926 Trail Boulevard, Naples, Florida 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing ntity will be released of its obligations upon written agpproval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing ntity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing ntity is no longer responsible for the monitoring and fulfillment of PUD commitments. M. MISCELLANEOUS 1. The initial redevelopment SDP shall include (Commitment completed 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 mana _ eg ment areas; c. the re -grading of the right -of -wad 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. All other applicable state or federal permits must be obtained before commencement of the development. 3. Pursuant to Section 125.022(5) F.S.. Issuance of a development permit by a countv does not in an way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liabili . on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. 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. Commitment completed. Words underlined are additions; words stmek thmugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 22 of 23 5. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each development stage. 6. The owner shall install pursuant to county standards and specifications, 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 rg eater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. Words underlined are additions; words stmek through are deletions Heavenly CFPUD Exhibits A-F 2020-rev5. docx July 8, 2020 Page 23 of 23 Ib N Roof Line Average Centerline Road Elevation Front Elevation Permitted Exclusions Limited to 4,000 s.f. Maximum Adjacent Average Centerline Road Flovation Rear Elevation Mid Point Mid Point of Roof EX:i BTT C p. RA Y MI> OR & ASS IATE" P.A. CI41L Sls(iIN&£RS • tANA SURVEYOR$ • PLANNERS • LnHDSCAPE ARCIIIFLCIS (� noxrrnsr�ncs . TORTSIYFRS hl&rll Tro T B CODE: HCFPUD DATE: 12.2.08 SCALE: 1" 30' FILENAME: Exhibit G wwtiucRnnvn t aR.roti N -OCCUPIABLE BUILDING ELEMENTS ELEV, = 52'-0" MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD ELEV. = 45'-Q" MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV. = 35'-0" A RAPHIC EXAMPLE OF "TRAC B11- MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of "Tract 13" Florida Community Gunk Collier County, Florida DATE: February 18, 2009 HUMPHREY • ROSA1N A R C H I T E C T S 3200 9TH 5T, NORTH (239) 263-4201 SUITE 9300 PAX (239) 263-4451 NAPLES, FWRiDA 34103 Exhibit G (1) WA --..WOW mow. A m I I EXHIBIT I CONDITIONS OF APPROVAL February 3, 2009 1. y plan submitted pursuant to this CFPUD shall be in su/anance with th pprc ved conceptual Master Plan entitled "Exhibit C PIepared by Pl g Development Incorporated, consisting of one smber 25, 2' 8, revised through January 16, 2009, except as condit2. The access ints located on West Street and Ridge Drive,t B of the Master Pian, all close when this tract redevelops. 3. The required 1 cre re-created preserve shall meet and shall recrea0.te th%abitat that previously /existedall three vegetative str 4. A landscape planting plan all be submitted first SDP for each of the trac 5. The property owners shall provi the existing Collier Area Transit stub -out in the median separat Master Plan. This bus shelter is a one percent or greater irn improvements, whichever occ<. inty preserve requirements (pine flatwoods), including and approval at the time of the or s pay the County to provide, a bus shelter at �t ated adjacent to US 41, which is located at the ig it Boulevard and US 41 as depicted on the ire o be constructed when development reaches ct on -41, or as a stipulation of Phase Two first. ORDINANCE NO. 09- - 15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, _ WHICH INCLUDES THE COMPREHENSIVE ZONING ;- REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- i 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 15.93f 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 of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-1 Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through 1, 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 l of 2 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;q day of AtA_'_c , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWjG tf"9. DOCK, Clerk COLLIER COUNTY, FLORIDA Jan . ' BY: 0 I�e uty Clerk DONNA FIALA, Chairman Art?L.41s 'gip �n� ►-+�'a,+ f1EQ114��'`OA i ■ Approved as to form and legal sufficiency: eidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G — Graphic Depiction & Guide of Vertical Building Height Exhibit G-I- Graphic Depiction & Guide of Vertical Building Height -Tract B Exhibit H — Conceptual Architectural Rendering Exhibit I Conditions of Approval This ordinance filed with the Sec e�tary of St te's Office_ the dory of CP108-CPS-00840160 2/25/09 HFAC and acknowledgement akrhat fi[i racc#Yedis this 4 day of Page 2 of 2 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I March 25, 2009 Page 1 of 18 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: 1. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: L Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1st through P; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: 1. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. March 25, 2009 Page 2 of 18 (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: 1. One House of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to I" through 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 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 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 14± acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of- way line abutting the property) Existing The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings(S) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS MINIMUM YARDS (between tracts) _ Side 30 ft. SPS MIN. DISTANCE BETWEEN The greater of 15 ft. or'/Z the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT 50 ft. 50ft. MAXIMUM NUMBER OF STORIES New 2(3) 2 Existing/Expanded I SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE House of Worship(6) 28,000 sq. ft. Accessory Uses(7) (9) 40,000 sq. ft. Circulation/Maintenance/Storage 12,000 sq. ft. PRESERVE SETBACKS 25 ft. 25 ft. SPS= Same as Principal Structure 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. (2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non - occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.01.D.1, as may be amended. March 25, 2009 Page 4 of 18 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. c3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPUD exceed 96,000 square feet. (5) Expansions which add square footage to any existing individual building are limited to a cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. (6) House of worship square footage not utilized shall be available for religious educational classrooms. (7) The maximum area of an individual room shall be 12,000 square feet. (9) Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDPA application. (9) The Child/Adult Day Care/Pre-K/Kindergarten/School use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. (10) Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. A. Buffers 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROW and is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B. shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. March 25, 2009 Page 5 of 18 (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress -egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximum height of 48 inches. C. Existing Ingress — Egress Driveways Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8tacres] as open space. Open space includes but is not Iimited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3± acres] as open space. Build -out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then ultimately to the Gulf of Mexico. March 25, 2009 Page 6 of 18 Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow through the project to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the first SDP. 1. Parking Space Requirements and Restrictions. March 25, 2009 Page 7 of 18 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. 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. 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. 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 1.9± acres N/A MINIMUM LOT WIDTH 236 ft. N/A MINIMUM YARDS Front Existing The greater of 30 ft. or the zoned height of SPS structure. SPS Expanded buildings �7� 50 ft. for expanded portion SPS New structures 50 ft. Side SPS Existing 20 ft. New structures 30 ft. MIN. DISTANCE BETWEEN The greater of 15 ft. or the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft 35 ft. MAXIMUM ACTUAL HEIGHT 45 ft. 45 ft. MAXIMUM NUMBER OF STORIES 2(3) 2 MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. March 25, 2009 Page 8 of 18 MAXIMUM SQUARE FOOTAGE House of Worship (5) 5,600 sq. ft. Accessory Uses and Circulation/ 10,400 sq. ft. (of Maintenance/Storage which a maximum 2,000 sq. ft. may be circulation and storage) SPS= Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. c2) Maximum actual height may be exceeded by up to 7 feet by one non -occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. (5) House of worship square footage not utilized shall be available for accessory uses. (6) The maximum square footage of any individual room shall be less than the square footage of the house of worship. (7) Expansions which add square footage to any existing individual building are limited to cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. (8) If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square -footage of all structures on Tract B do not exceed 16,000 square -feet and the maximum permitted heights for Tract B are maintained. Additionally, the Music and Hours of Operation for Tract B shall still apply. c9� 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. A. Buffers 1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently with the redevelopment improvements in their proximity. All right-of-way perimeter landscape buffers shall be installed with the first SDP for a new permanent building on Tract B. 2. All required buffer trees along Ridge Drive and West Street shall be Quercus virginiana. March 25, 2009 Page 9 of 18 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress - egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress — Egress Driveways Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with the reconstruction, removal, replacement or demolition of the existing buildings. Thereafter, the ingress - egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8±acres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3± acres] as open space. Build -out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross area of Tract B. E. Water Management The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then Pelican Bay ultimately to the Gulf of Mexico. March 25, 2009 Page 10 of 18 Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non -cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 100. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. 1. Hours of Operation Restrictions: 1. Child care and School: 2. Adult care: 3. Non worship use of the facilities: 4. Worship 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 March 25, 2009 Page 11 of 18 accommodation of special functions. 5. Music 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. March 25, 2009 Page 12 of 18 I i I 1 1 1 1 I � I ;1 I f ' 1 1 1 1 ri " I I ! i I 1 ' 1 E 1 I 1 1 ' I 1 1 g _ I I I i i 1 _ 1 _ , 1 , 1 1 1 1 1 1 1 i 5 I 1 1 ' � 1 1 I ' >; 1 1 1 I I I I 4J � ,i I 1 ,yI01 C I I 1 V offrMa� sY I 1 ' 1 i I 1 I I ! I I Ho ■n ■u tit �� aa � D d 0 LL I 1 1 faad rnI E 1 1 � 1 I w rl ' m I L T. ' _,: 0 rl l�ry, III ■MM TE i EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009, 67285280002, 67285360003, 67285320001 LOTS 1-7 AND 10-13, BLOCK "O", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK O, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. March 25, 2009 Page 14 of 18 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC A) 1. Deviation 41 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. 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 1 tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. March 25, 2009 Page 15 of 18 (TRACT 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 42 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 1 tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. March 25, 2009 Page 16 of 18 EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the regrading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre K/Kindergarten / School, limited to 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 traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-K/Kindergarten/School limited to lst through 3rd for the entire CFPUD ("the base") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and March 25, 2009 Page 17 of 18 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 347 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee. 2. A payment -in -lieu -of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. March 25, 2009 Page 18 of 18 BUILDING ELEMENTS !. = 52'-0" JAL HEIGHT FROM ERLINE ELEVATION 7ING ROAD f. W 45'-0" ONED HEIGHT IT OF ROOF) �. = 35'-0" )OR 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 HUMPHREY ROSAL A R C H I T E C T S Collier County, Florida ;_:.,, - 3200 9TH ST. NORTi! (239}263-42u1 -. <i;. SUITE #300 FAX (239) 2634451 DATE: February i6, 2009 NAPLES. FLORIDA34103 RS a •sir )9�k'■ ,y All S 1•`�Y � ' ! I ., ([ • it �� 4 � a� I rt Zr 1 ass y 4yf r4 1G. ! i ; ::• 4 s 1 1 fi�.. kxf j. .f 1 a k I:�I ••�a4 + '4 � iry" 4�i�\�. 1' I s•-u esltt�if,.,.w a << _�,7- ,.. •' r L ; i - .` ..�A� +�, nj y - j:. ".�5 9• �^5�{R.�ra_�i.�+.. f��t ��`llcn 7s4'�''4 �'i=i 4-i~: :.Sr .. EXHIBIT I CONDITIONS OF APPROVAL March 27, 2009 1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through March 24, 2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on -site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 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-4I, or as a stipulation of Phase Two improvements, whichever occurs first. STATE OF FLORIDA) COUNTY OF COLLIER) CO I, DWIGHT E. BROCK, Clerk of Courts in and for th�'.= ro. -71 Twentieth Judicial Circuit, Collier County, Florida, dc��,, i,) .. hereby certify that the foregoing is a true and corrects:,'' copy of: ORDINANCE 2009-15 Which was adopted by the Board of County Commissioners on the 24th day of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of March, 2009. DWIGHT E. BROCK Clerk of Courts ar�d ,Q'lerk Ex-officio to Board of - County Commissioners By: Teresa Polask { Deputy Clerk Co -ter County Growth Management Division Planning & Regulation Land Development Services December 22, 2011 Richard D. Yovanovich Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 RE: PUD Minor Change, Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC-PL2011-872 Dear Mr. Yovanovich: This letter is in response to your application accepted on May 6, 2011 seeking administrative approval of minor refinements to the adopted Heavenly Community Facilities PUD (Ordinance #09-15) Master Concept Plan pursuant to Section 10.02.13.E.8 of the Land Development Code (LDC). The proposed changes to the buffer standards in Exhibit B. Development Standards for Tract A, Item A: Buffers are as follows: 1. Install Live Oak (Quercus virginiana) trees 30 feet inward (away from the street) from the overhead FPL line instead of beneath the overhead FPL line along West Street. 2. Install Black Olive (Bucida buceras) trees instead of Live Oak trees between the lake bank and the street along West Street. 3. Install minimum code required trees instead of Royal Palms (Roystonia regia) along Trail Boulevard. Additionally, the applicant seeks relief from the sidewalk provision the area along that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. In support of these requests the application includes a December 23, 2010 letter from Landscape Architectural Design, Inc. and a March 15, 2011 letter from Al Jones representing the Pine Ridge Civic Association, representing the residents of Pine Ridge subdivision. The changes approved to Ordinance 09-15 are shown in a strike-thru and underline format on the following page: Land Development Services - 2800 North Horseshoe Drive - Naples, Florida 34104.239-252-2400 • www.colliergov.net Letter to Richard Yovanovich RE: Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC-PL2011-872 December 22, 2011 Exhibit B. Development Standards for Tract A Item A: Buffers' 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana,and/or Bucida buceras provided in 65 Gallon containers at 14 in feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana/Bucida buceras i-s are to be planted a 10 root f m the e to line f the -,u_-ed Y=a==t___g bed towards the adjaeent ROW and is are Sp-la-ekwalny not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd buffer- trees shall b Rej,w�enia regia (Royal Palms) as pr-evided for- in deviation #-3-. 3. * * * * * ** * * * * * * * * * 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 4-2 8 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. (b) Along West Street the hedge shall be maintained at a minimum height of 42-8 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 4-2 8 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. Exhibit C: Master Plan The petitioner has provided a Master Plan, dated last revised 4/25/11 that depicts the changes proposed. Exhibit E, List of Requested Deviations from LDC (Tract AZ 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 peftien of Myrtle Read between Trail Bettlevar-d and the inb- Rss driveway Ve Myrtle Read. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way and that portion of Myrtle Road between Trail Boulevard and the project ingress -egress driveway to Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. Page 2 of 3 Letter to Richard Yovanovich RE: Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC-PL2011-872 December 22, 2011 Ail N-1 - Please be advised that the information presented in this letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to any of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. This letter represents a determination of Land Development Services Department staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Collier County Code of Laws and Ordinances and the Land Development Code pursuant to Sections 1.06.0LA and 10.02.02.F.I of that Code. The fee for an Official Interpretation is identified in the most recent Fee Schedule Resolution as approved by the Board of County Commissioners. Approval of this application was confirmed by action of the Board of County Commissioners on December 13, 2011, as agenda item 16.A.6. A copy of this letter and the attached PUD Master Concept Plan will be filed with the adopted PUD documents. You may wish to have this letter and the attached Master Concept Plan recorded in the official records of Collier County as a permanent record of this administrative approval. If you need further information or assistance, please contact me at 239-252-2931 or via email at KayDeselem@colliergov.net. Researched and prepared by: Ka D elem, AICP, Principal Planner Land Development Service Department Reviewed by: Ray dnd V. Bellows, Zoning Manager Land Development Service Department Attachment: Revised Master Concept Plan for Heavenly CFPUD, dated April 25, 2011. cc: Laurie Beard, PUD monitoring Mike Sawyer, Project Manager, Zoning PUD file Page 2 of 3 3 7 � R ! ' 1000091,9ZL9 "pN -VS JC0001,91,2M : -N °!lo! 500099v97.L9 '. oN -VJ I 4 �I ! A1IMJ 310NIS :asn AIINVJ 310NIS :asn AIIYItlJ 31ON15 :asn I I I I -!Sa 6u uoz -!sa 6wuoz -!Sa 6wuoz i I 1 $ 4g .15 IVI 3 d J:._._._._._._._.—._._._.._._._._._._._.3 0.__._._._._._._._._._._._.� s --- anoa 311axw tE N31tlM AND D30NtlNN3 ; , z''- n NHai = W I z Mom Z 1 ii 9 ! 1 ? 1 \ ' wj ; tnaj�`! Qg 8 &cq C Q. iC>° wCD LL i ca Zco J I 1 i 55 Z z. i a o = WI31ON33S1 n� SDNIDlS18 1 I \\ al � 0 m U. 1 Y 1 1 K 1 uI p Us I I I \ t3l _a� l � 11 � - ; � I �� •� as 1 ..Z i a may♦---�i ':N: $;p: O \o. RCR ::6;W ��$: 1 \� \Is obi 3 a r II1 III Z0009!9-L!RSZa19E-°N: p°J I00001, I9-19ZL9 : u-oNz -!'-J 000019-L9Z4 9 IIIM3ON5 AIIYItlJ 31ON15 Al1Ytl! 3lO6Nw!S-uoo!Saesa6uNz:a °iIp! ,ii }� 2s ORDINANCE NO. 13- 31 AN ORDINANCE AMENDING ORDINANCE NUMBER 2009-15, THE HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE ALL REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., has petitioned the Board of County Commissioners to revise the Heavenly PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OI=--COMTM COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: U) 43 �c SECTION ONE: AMENDMENT TO EXHIBIT "A", LIST OF PERMTTEP:- S (?Y ORDINANCE NO. 2009-15. CD> aN o Exhibit "A", the List of Permitted Uses of Ordinance No. 2009-15, is hereby amended and replaced with Exhibit "A" attached hereto. SECTION TWO: AMENDMENT TO EXHIBIT "F", LIST OF DEVELOPER COMMITMENTS OF ORDINANCE NO. 2009-15. Exhibit "F", the List of Developer Commitments of Ordinance No. 2009-15, is hereby amended and replaced with Exhibit "F" attached hereto. SECTION THREE: This Ordinance shall become effective upon tiling with the Department of State. Heavenly PUDA / PUDA-PL20120001 104 Pagel of 2 Rev. 4/09/ 13 PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of, 2013. ATTEST „ s D WIGH`�V t9dft,C LERK By:`� UWul Attest asft-Chairman Signature only. .y 16 =' Approv d as to form and legal sufficiency: -1 C Heidi Ashton-Cicko Managing Assistant County Attorney BOARI).OF COUNTY COMMISSIONERS COLLIE C UNT , FLORIDA B I y: qdROA A. HILLER, ESQ. Chairwoman Attachments: Exhibit A — List of Permitted Uses Exhibit F — List of Developer Commitments CP\ 12-CPS-01170\21 This ordinance filed with the Secretory of State's Office the _.stdoy of ___, AQL:-5-_ and acknowledgement of that filing received th 28t�day of >�U _ Byii roc crn� Heavenly PUDA / PUDA-PL20120001104 Page 2 of 2 Rev. 4/09/ 13 G°_ EXHIBIT A (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: A house of worship with a maximum seating capacity of 1,000 individuals. See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1st through 8th 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 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: Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. Heavenly PUD\PUDA-PL20120001104 I oft Rev. 8/23/12 Words stFU& 113FOtgh are deleted; words underlined are added. (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. Social/Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 15` through 8th 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 to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Non-commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market", "community market", direct marketing outlet or "farmers' market", are not accessory uses associated with the permitted principal uses and structures. Heavenly PUD'PUDA-PI-20120001104 2 of Rev. 8/23i 12 Words StFUCk are deleted; words underlined are added. EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re -grading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre- K/Kindergarten / School, limited to 1" through 8th 3`d, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (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 traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. Heavenly PUD',PUDA-PL20120001 104 1 of 2 Rev. 8/23/ 12 Words stwc-k tlFeug# are deleted; words underlined are added. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-K/Kindergarten/School limited to I" through 8th 3`d for the entire CFPUD ("the base") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and will include traffic counts at Ridge Drive and West Street and Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 347 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering Attached as Exhibit H. (TRACT B) For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee 2. A payment -in -lieu -of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. Heavenly PUD',PUDA-PL20120001 104 2 of 2 Rev. 8/23/12 Words StFUCk tlffOug# are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013-31 which was adopted by the Board of County Commissioners on the 14th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013. DWIGHT E. BROC F ' C t Clerk of Courtr. and-•Cj�e??k Ex-officio t.d�,?B.o' rd,-�of, County Commzz`ie�rg' f , By: Martha Varga at''" Deputy Clerk AFFIDAVIT OF COMPLIANCE Petition PL20190002323, Heavenly CFPLID Amendment I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and co y of newspaper advertisement which are hereby made a part of this Affidavit of Compliant e. Shar en our as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 23rd day of June, 2020 by Sharon Um enhour as Senior Planning Technician for Q. Grady Minor & Associates P.A., who is personally known to me. (Signature of N ary Public) Carin J. Dwver Printed Name of Notary CARIN J. DWYER MY COMMISSION # GG 982367 EXPIRES: May ay 14, 2024 EPFfl° BondedT}1�U,�..rw,PublicUndBiWftm GradyMinor Civil Engineers • Land Surveyors • Planners e Landscape Architects June 19, 2020 RE: Neighborhood Information Meeting (NIM); Petition PL20190002323, Heavenly Community Facility Planned Unit Development Amendment Dear Property Owner: A Neighborhood Information Meeting hosted by Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing The Covenant Presbyterian Church of Naples, Inc. (Applicant) will be held on Tuesday, July 7, 2020, 5:30 pm at the Covenant Church of Naples Sanctuary, 6926 Trail Blvd, Naples, FL 34108. The Covenant Presbyterian Church of Naples, Inc. submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) amendment. This applicant proposes to amend the CFPUD to reconfigure the allowable square footage for the overall CFPUD, increase the allowable square footage for the overall CFPUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School use, add outdoor recreational areas, playlots, playgrounds and relocate the church offices from the northwest portion of the site to the northeast portion of the site. The amendment also proposes to add two deviations from the Land Development Code (LDC) to permit a chain link fence forward of the primary fagade to enclose the proposed outdoor play area and to not require paved aisles for the area utilized for grass overflow parking. A revised Master Plan is proposed which eliminates the Tract A and B designations and labels the proposed uses on the plan. One access point to West Street is also eliminated. Maximum sanctuary seating for the overall CFPUD will remain at 1,200 seats. The subject property (Property I.D. Number 67285160009) is comprised of 15.9± acres, located at 6926 Trail Boulevard in Section 3, Township 49 South, Range 25 East, Collier County, Florida. If you are unable to attend the meeting or have questions or comments, please contact Sharon Umpenhour at Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. PROJECT LOCATION MAP Turkey Oak LN SUBJECT PROPERTY �d�c 0 Pitch Apple LN lRidge I]R Pine Creek LN d 0 z Willowwood LN E m West PL Pineside LN E r G 7 J Arro In wheal L yrlle RD L Tanbark p� � Q. 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Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing The Covenant Presbyterian Church of Naples, Inc. (Applicant) will be held on: Tuesday, July 7, 2020, 5:30 pm at the Covenant Church of Naples Sanctuary, 6926 Trail Blvd, Naples, FL 34108 The Covenant Presbyterian Church of Naples, Inc. submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) amendment. This applicant proposes to amend the CFPUD to reconfigure the allowable square footage for the overall CFPUD, increase the allowable square footage for the overall CFPUD, remove Child/Adult Day Care / Pre-K/Kindergarten / School use, add outdoor recreational areas, playlots, playgrounds and relocate the church offices from the northwest portion of the site to the northeast portion of the site. The amendment also proposes to add two deviations from the Land Development Code (LDC) to permit a chain link fence forward of the primary fagade to enclose the proposed outdoor play area and to not require paved aisles for the area utilized for grass overflow parking. A revised Master Plan is proposed which eliminates the Tract A and B designations and labels the proposed uses on the plan. One access point to West Street is also eliminated. Maximum sanctuary seating for the overall CFPUD will remain at 1,200 seats. The subject property (Property I.D. Number 67285160009) is comprised of 15.9± acres, located at 6926 Trail Boulevard in Section 3, Township 49 South, Range 25 East, Collier County, Florida. Tucka}r Dnk LN SUBJECT aPROPERTY — Y 1�1� PImQ Crurrk LN 7 M110 —od ` E u Kes# PL PIneeltle tH E H J yrLl RQ , Tanbark n r iig If you are unable to attend the meeting or have questions or comments, please contact Sharon Umpenhour at Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. ND-GC10437011-01 PL20190002323 Heavenly CFPUDA July 7 2020 NIM Good evening. My name is Rich Yovanovich, and I am the attorney representing the Covenant Church going through an amendment to the Heavenly PUD. With me tonight is John Hunter with the church and Sharon Umpenhour with Grady Minor, and Tim Finn is the county planner who is also here as part of the process. The county establishes and requires that a neighborhood information meeting be held, as we're going through the amendment process to an existing PUD or for the establishment of a new PUD. With the COVID virus that is in our community, we are doing both live and virtual neighborhood information meetings. We have nobody here from the public at the meeting, but I will go ahead and do the full presentation for those who are participating virtually. If you'll go to the next slide, please. The current zoning for the property is the Heavenly Community Facility Planned Unit Development. And the existing future land designation is urban residential, under the comprehensive plan. The project is approximately 16 acres. And, as most of you probably live in the Pine Ridge community or nearby the Pine Ridge community, you're aware of where the church is located. It's off of Trail Boulevard, which also fronts US 41. You have Ridge Drive to the north. You have Myrtle Road to the south. And you have West to the east of the property, surrounding the full 15.9 acres. The PUD that currently exists allows for essentially two churches to occur on the 15.9 acres. It contemplated that Covenant might, at some day in the future, buy the church that was located at the northeast quadrant of the property. And then the property would be consolidated into one church campus. We're here basically to clean up the PUD to allow for that reconfiguration of the church. And we're also here to do some slight increases to the overall square footage allowed in the church. The PUD currently allows for a total worship space of 33,600 square feet we're increasing that to 35,000 square feet. We're also increasing the overall allowed square footage on the property, which is currently 96,000, to allow for up to 123,000 square feet. As I'll get into some later slides, that's primarily to address a slightly larger area for the mirror of the fellowship hall portion of the building that will be an educational building to allow for little extra additional square foot there and to also allow for a little additional square footage for what will be the relocated administrative services portion of the building. We'll also be removing the child and adult daycare Pre-K and kindergarten school uses that currently. In the PUD we'll be adding an outdoor recreation area, which is currently where the administrative buildings are located. And the administrative buildings will be relocated to where the other church, exists on the, northeast quadrant of the property. We're gonna be adding two deviations to the PUD, and I'll briefly go through those — If you'll go to the next slide, please. The two deviations allow for us to put a fence around the play area where children will be allowed to play, and that is obviously for security and safety reasons for the children that are playing there. Currently, you're not allowed to have a fence, extends beyond the front fagade of the main structure. And we're allowing for a fence there. As well as, the play area can substitute or be used as grass parking, so we're Paget of 3 PL20190002323 Heavenly CFPUDA July 7 2020 NIM asking for a deviation to not be required to have paved areas in between the grass parking spaces. So, the entire area can be a play area for children. Next slide, please. This is the currently approved master plan. As I had mentioned, in the northeast corner, which was formerly tract B, that is the existing — that's the second church that's on this site. And I think it's currently being used for another ministry of this church, but allowing for church services to occur on that site. In the northwest corner, which is being labeled as "landscape enhanced prior retention," that's the area where the current houses and offices — Well, they're houses, but they're actually used as office buildings. Those will be going away. And on the next slide is the proposed master plan that shows in the northeast corner, the new church office is. That would be a one-story building that will be architecturally compatible with the current, existing building. And in the northwest corner, you'll see the outdoor play area will, be replacing the, existing administrative offices. On this master plan, you'll see that the overall envelope of where the church facility's gonna be located, the building we're in right now, the existing fellowship hall and classroom space, as well as, the new expansion — the new building will all be in the same area that was previously approved. The number of approved sanctuary seats is currently 1,200. That's staying at 1,200, so there's no increase there. Really, the changes are, simply to allow for accessory uses to occur as contemplated. But, Covenant is in a — I think a unique and fortunate situation in that families with children are coming to the church, and they need more space to minister to the children and youth that are attending this church. And that's the reason for the slight expansion in accessory -use space for that ministry, as well as, for the administrative offices. The traffic numbers will remain the same and, frankly, will ultimately go down since we're giving up the school use and the childcare use, um. And with that, that's the overall summary of what we're proposing to do. If you have any questions regarding the petition, Tim Finn with the County is your contact person, and Tim's phone number is 239-252 — What's the rest of your number? Tim: 4312. What? Tim: 4312. 4312. So, 252-4312 is Tim's number. And if you want to talk to the consulting team, we ask for Sharon at Grady Minor, and that's 239-947-1144. And obiously you can contact John Hunter at Covenant Church. And with that, that's — I think I've covered everything that needs to be covered. And if you have any questions, call anyone of us, and we'll be happy to answer your questions. Thank you. 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Regarding the above subject petition number(s), (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: John C. Hunter, III Signature*: 0 App ❑ Legal Counsel to Applicant Date:,_ �D� 3fla p * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant.