Ordinance 2009-15
,\0'\'\ 121314r,s
,,'OCb b. ~~
CO ~t-..~'& "'
~ ~~~\:~\:\~ '"
C'\I ," ~
... Ii'
\'O<!, ~~ AN ORDINANCE OF THE BOARD OF COUNTY
~9~a91.~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, .d'
<':'
THE COLLIER COUNTY LAND DEVELOPMENT CODE" - _; "
r-.
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE ,".
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE-
FAMILY (RSF-I) ZONING DISTRICT TO A COMMUNITY
FACILITY PLANNED UNIT DEVELOPMENT (CFPUD)
ZONING DISTRICT FOR A PROJECT KNOWN AS THE
HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.93" ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
ORDINANCE NO. O<r- .1_5
."_"J
';"'-'"
.-"J
:>J
"-n
,..,...,...,.,.
,;.,',---
.-
.....,.
: .,..
;"n
'}
<) \;)
,
( :1
WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and
Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida
Community Bank, petitioned the Board of County Commissioners to change the zoning
classification ofthe herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 3,
Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-I Zoning
District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known
as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
Page I of2
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ~~ay of ~cit- ,2009.
ATTEST:
D\V~~il.I!.ROCK, Clerk
~...,.__..' ......~... ...:.1;,..,..... _
. . .;~, .....~ ~
,,v, ,., _ _,.' ~~ \. . _11 ..
.., \. .... .' '. :~'... . ,..:~
... i' ,,' C
. . .
-..: ..' '. "',,".: . '
"". . .".... 'C"' ,Deputy Clerk
M.~,t..u.,~P) h.-Vrutl .
, 19riatlWi" Oft, .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
!IL~ d4-~
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
JJ~An~ck[10
(I'll '"
0",.0
"?~
Assistant County Attorney
Attachments:
Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Developer Commitments
Exhibit G - Graphic Depiction & Guide of Vertical Building Height
Exhibit G-I- Graphic Depiction & Guide of Vertical Building Height-Tract B
Exhibit H - Conceptual Architectural Rendering
Exhibit I - Conditions of Approval
This ordinance filed with the
Sec6~ry of S~;.sPffi~br
Ldayof~,_-
and acknowledgement o/t,that
fill received th~d~ day
of -,.D<;:rl
Ovpufy Clllrtt
CP\08-CPS-00840\60 2/25109 HF AC
Page 2 of2
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 aceordance with the contents of this Ordinance and
applieable 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 thereot: shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F,
Tract A, Commitment Number 6).
B. Accessory Uses:
I. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Fellowship Center
3. Administrative Offices
4. Child/Adult Day Care / Pre-KlKindergarten / School, limited to I st through 3rd; with no more
than a combined cumulative total of 220 students/individuals enrolled/attending for the entire
CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement
of the Tract A and B owners [if in different ownership] provided the total number of
students/individuals for the entire CFPUD does not exceed 220.
5. Non-commercial accessory uses characterized by civic group meetings such as The Pine
Ridge Civic Association, Scouting, community service organizations (e.g. the Naples'
Parkinson's Association), safety fairs for the community and the like; and structures
customarily associated with the permitted principal uses and structures; except that parking
garages are prohibited. Business and trade activities, including but not limited to a "market,"
"community market," direct marketing outlet or "farmers' market," are not accessory uses
associated with the permitted principal uses and structures.
C. Temporary Uses:
I. Temporary building structures may be utilized to accommodate existing uses in the initial
redevelopment construction transition period. Such uses shall not begin until after the
property owner applies for a building permit for the first new permanent building and the
maximum period of use of such temporary building(s) shall be for a period of 27 months,
after the building permit is issued for the first new permanent building. Any such building(s)
shall meet CFPUD setbacks requirements for new structures.
March 25, 2009
Page 2 of 1 8
-,-_._.,. -........-------,.-,
(TRACT B)
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Use:
I. One House of worship with a maximum seating capacity of 200 individuals.
B. Accessory Uses:
I. Religious Educational Classrooms and Chorus Rehearsal Room
2. SoeiallMeeting and Fellowship Center
3, Administrative Offi ces
4. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to 1st through 3rd; 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 aceessory uses characterized by eivic 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 aceessory uses
associated with the permitted principal uses and structures.
March 25, 2009
Page 3 of i8
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 II, the sum of the SPS
STRUCTURES zoned building heights
MAXIMUM ZONED HEIGHT 35 ft. 35 ft. (10)
MAXIMUM ACTUAL HEIGHT 50 ftO)(2) 50ft(1TTIUj
MAXIMUM NUMBER OF STORIES
New i3) 2
Existing/Expanded I SPS
MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.
MAXIMUM SQUARE FOOTAGE(4)
House ofWorship(6) 28,000 sq. ft.
Accessory U ses(7) (9) 40,000 sq. ft.
Circulation/Maintenance/Storage 12,000 sq. ft.
PRESERVESETBACKS\') 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.
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.I, as may be amended.
(2)
March 25, 2009
Page 4 of 18
March 25, 2009
(3)
(4)
The maximum combined square footage of such building elements shall be 4,000 square feet.
See Exhibit G for graphic depiction of vertical elevation measurement.
Exclusive of mezzanines, loft areas and attic or attic storage areas.
Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated, provided that in no event shall the square footage of all structures within the boundaries
of the CFPUD exceed 96,000 square feet.
Expansions which add square footage to any existing individual building are limited to a
cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A
signed and sealed survey of the existing building(s) proposed for expansion and an additional
exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed
and all prior expansions since the date of PUD approval, shall be submitted with the associated
SDP A and building permit applications.
House of worship square footage not utilized shall be available for religious educational
classrooms.
The maximum area of an individual room shall be 12,000 square feet.
Listed setback is for all principal and accessory structures. Setback proVISIOns, relative to
preserves, for parking lots, sidewalks and other site improvements shall be governed by
applicable LDC provisions in effect at the time of SDP A application.
The Child/Adult Day Care/Pre-KlKindergartenlSchool use shall be located a minimum of 200
feet from West Street, Ridge Drive and Myrtle Road.
Buildings located outside of the "church campus building envelope" depicted on the Master Plan
shall be limited to 25 feet in height.
(5)
(6)
(7)
(8)
(9)
(10)
A.
Buffers
I. All perimeter landscape buffers shall be installed with the first SDP for a new permanent
building or with the SDP that provides for the relocation of the lake.
2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus
virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida
Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a
minimum of 10 feet from the center line of the required planting bed towards the adjacent
ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed
specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for
in deviation #3.
3. The maximum water management area within the combined frontage buffers of Tracts A and B
shall be 50%; and the maximum width of the water management use shall not exceed 70% of
the buffer's depth.
4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting
West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed
with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a
minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad
chain link fence shall be hidden within this double hedge row.
Page 5 of 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
4.8"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" aeres] 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 3.3" acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD
Master Plan. The project shall provide the greater of (1) the capacity required by water management
design standards for a 3 day, 25 year storm event, (2) 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 of18
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 noneumulative 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 eomponent, 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 roofline.
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 ofreview and approval of the first SOP.
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.
J. Hours of Operation Restrictions:
1. Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may be
exceeded until 9:30 p.m. up to 4 times per month for
accommodation of special functions.
between 6:30 am and 8:30 pm.
between 7:30 am and 10:30 pm.
2. Adult care:
3. Non-worship use of the facilities:
DEVELOPMENT STANDARDS FOR TRACT B
Together with the text that follows are the development standards for land uses within Tract B ofthis
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 II, the sum ofthe SPS
STRUCTURES zoned building heights
MAXIMUM ZONED HEIGHT 35 ft 35 ft.
MAXIMUM ACTUAL HEIGHT 45 ft-' I )(2) 45 ft.")
MAXIMUM NUMBER OF STORIES i3) 2
MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.
March 25, 2009
Page 8 of 18
MAXIMUM SQUARE FOOTAGE \<)
House ofWorship(j) 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
(8)
(9)
A. Buffers
(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.
Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building
element, such as a steeple, cupola, or religious symbol. The maximum combined square footage
of such building elements shall be 2,000 sf.
Exclusive of mezzanines, loft areas and attic or attic storage areas.
Should both Tmct B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated.
House of worship square footage not utilized shall be available for accessory uses.
The maximum square footage of any individual room shall be less than the square footage of the
house of worship.
Expansions which add square footage to any existing individual building are limited to
cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A
signed and sealed survey of the existing building(s) proposed for expansion and an additional
exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed
and all prior expansions since the date of PUD approval, shall be submitted with the associated
SDP A and building permit applications.
If Tract B and Tract A are owned or controlled or developed by the same person or entity, then
the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the
CFPUD, including Tract B, provided, however, that the total square-footage of all structures on
Tract B do not exceed 16,000 square-feet and the maximum permitted heights for Tract B are
maintained. Additionally, the Music and Hours of Operation for Tract B shall still apply.
If Tract B and Tract A are owned or controlled or developed by the same person or entity, there
will be no direct access to or from West Street.
(2)
(3)
(4)
(5)
(6)
(7)
I. 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% ofthe gross area of Tract B.
E. Water Management
The existing 3.3" acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD
Master Plan. The project shall provide the greater of (1) the capacity required by water management
design standards for a 3 day, 25 year storm event, (2) 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 Band
Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be
aggregated.
1. Hours of Operation Restrictions:
1. Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday;
for operational hours. Normal operational hours may be
exceeded until 9:30 p.m. up to 4 times per month for
accommodation of special functions.
between 6:30 am and 8:30 pm.
between 7:30 am and 10:30 pm.
between 6:30 a.m. and 10:30 p.m. Normal operational
hours may be exceeded up to 2 times per month for the
Page 11 of 18
2. Adult care:
3. Non worship use of the facilities:
4. Worship
March 25, 2009
5. Music
accommodation of special functions.
Outdoor music is prohibited; and indoor music shall only
be allowed when windows and doors are closed. There
shall be no live, recorded or amplified music of any kind
prior to 8 a.m. or after 9:30 p.m. The limitation on the time
for live, recorded or amplified music may be exceeded up
to two times per month for accommodation of special
worship functions.
March 25, 2009
Page i2 of] 8
~
- 1
o
o
,
,
,
,
,
,
o
,
,
,
,
,
'"'
,
,
o
,
~
,
,
,
,
,
,
,
o
,
,
,
,
c,
,
,
,
,
,
,
J
..... J _
--.- --
o
o
o
o
,
,
,
,
,
,
o
o
o
o
o
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
Ii
10
I'
.'
I!
"
..
,
,
,
,
,
,
,
,
,
,
fJI
'" .~>t__~_:_____; U
-- - - t ovall 31.1I1AW
.. -_._..-. -- -- -- --;.-:,
'""'.....~.=_...=- -- -- -- ,
-- -- .;::~ ::::,':.~~=, : ~
-="1:1
~ Jr
. ,
if :
,
,
,
,
,
--,
,
,
,
,
,
,
,
.
,
,
,
,
,
,
,
,
,
,
,
~
,
,
,
,
,
,
,
,
,
,
. ,
,
,
,
,
",
,
,
,
_J
~
~
.
.
~
,
,
,
,
1; i I
., 0
~, '"
~: I ~
~ I ~ ...J
.' ! ::>
~: 0
C I I III
ril: A ..J
~I ~
~: f-
'. ,
'Q I
i~: [
~: ~
~; I
,
,
,
,
_n_;.':;:.;;;.;.:.:;
,
,
,
,
,
,
,
,
,
,
,
,
,
,
, Z
'.
Iii)
'.
hUi i i
U~hi _:'
_~__n-:::~ j
I a
r---
o
,
,
~--..,
,
,
,
I';"
D
D
D :J
<;'
~
I~
<!
~
<!
to
f!'
I~I
, D 'u)'
::J
1
1
,
, 1
" 1
1:1
, 1
1
I' I
.1
/
Ii
1_.)..",.....
..".,,""'<1'"
I
!.
iil
;~t
i; i !
~: ~ ~
, II
! II
, 'I
!IUII
j,l!11Il
II' ,
I
~: ~ ; ;i;
~'~ ~ ""8
~' ~
;: I
ii'
ill! III
Ilml!i'
l:lifll!lll,
1'1" '",
'11"/ I
;li.l!; ,
l./l\l: ! I
1i!I'I' " '
;l!il,! i I
, 1;1;11',' ,I ,
, Ii,'" I', i
I!illlill!! .
~~l~~~Uf! :
i'i ~~ i~ il~ ~
.llW Iii;
. !lUU!! III
~!!~:hl ~ ~ ~
, III
i !11
Ii' ill!
I II iI.l
'" ... <l <l
. ,
c
ir
~
u
>
Z~
u:s~
~~:i
%~:J:
1I1::~
:EM
~
~
~
c
~
I .-- -- -- ~
II :
:: :
<iii_ I
lJi 10( I
Q!!I: I
!:!. :
~I I I
>-: :LCD J :
~j -- ...
~ I: ~
II 1
. ,
! . j
!'I i .
,,,,.! - '. III I II
' !'l! I
~; ~' ~el: i
I:"", ;' , " UHl
' III ~ Hi Ii i!
II II ii' II 1,[ l!i II 'Ii
,- !l~ ~~~ ~~ ~
i'l !. a,h IIi Ii; II!i ~
!; II fl,!:jI,Ii':! ,iii Ii h ~
I.:! I!! IIi Mlhllldlllilll H
1,:". ilL , "I,
~...."....."
,._"
-,
, ~ j l';
11-
II. li i
~
~
"
'"
~
~
OJ
"
z
u5
.~
~lli
x~
w~
~
Ii
'li.,
;: I i ~!
d: ," ~ ~ ~
m~ I
tj~~ ~
3 'J 1:! ~,
"" ~
.3
5 l:i
" 1.
.-g ~ ~ ~
;;.., ~; j
; ~~~'
~ ,
'-' ',!
IIH
~~
c5j
iilil ~
II
I!
l!
II
'[ II
! !ll!
Ii
il! 1
,
EXHIBIT D
LEGAL DESCRIPTION
(TRACT A)
FOLIO NUMBERS: 67285160009,67285280002,67285360003,67285320001
LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
LEGAL DESCRIPTION
(TRACT B)
FOLIO 67285400002
LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
March 25, 2009
Page 14 of 18
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
(TRACT A)
1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail
Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress
driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks
along the balance of the abutting right-of-way. The developer shall also construct one sidewalk
extension from the central building campus across Trail Boulevard to the pavement along US 41 to
provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan.
2. Deviation #2 seeks relief from LDC Subseetion 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 (I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street in the
loeations 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 4.06.0I.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within
the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer
would not be required and therefore this deviation request would not be applicable.
6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the
requirement for a nonresidential development located opposite a residentially zoned district to provide a
four (4) foot masonry wall or prefabricated 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 B)
1. Deviation # I seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of
providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP
for a new permanent building.
2. Deviation #2 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere
within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the
buffer would not be 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 160f18
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
I. The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new lake(s) and associated dry water management
areas;
b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water
management areas;
c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of
pavement of the four adjacent roadways to enhance storm water management for these roadway
areas.
2. The minimum throat length as measured from the roadway edge of payment to the internal parking
area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3. For services and other periods and events of significant traffic generation, as determined by Collier
County staff, the property owner shall provide traffic control by law enforcement or a law
enforcement approved 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-
K1Kindergarten / School, limited to 151 through 3rd, within Tract A shall be limited to 60 persons
unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (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 capaeity of 853 for the entire CFPUD and the 110 person Child/Adult Day
Care/Pre-K1Kindergarten/School limited to I sl through 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
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)
I. 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 of18
~
~
~
'"
~
fl
i I
; I
-1-J--
EXHIBIT G
JOB CODE: HCFPUD
SCALE: 1"=30'
DATE: J2.2.0ll
FILENAME: E:\hibil G
11-
----------' -----
-.....~
1
i
1
Roof Line
Mid Point of Roof
~--------------- 1
I ~
~J
Adjacent Average Centerline Road Elevation
Front Elevation
1
o
I 1
Pennittcd Exclusions Limited F jN
to 4,000 s.f. Maximum
I"':".:; 1
I _ Jj
Adjacent Average Centerline Road Elevation
Rear Elevation
Q, GRADY MiNOR & ASSOCiATES, P.A,
C1VllCMiltlElMS '~"NDSUMVLYOlls.rLANNERS . 1..,u..DSl'Al'fARCIlITiCTS
~~rA'..~vl F<)fIT,~.~':~'
W"'W.[]R^Dn1I~'OR.r:OM
-'
<l:
::>
"'....
wu....
><l:"
O::E~
. ::)UJ
5>::EI
'--
~
NON-OCCUPIABLE BUILDING ELEMENTS
ELEV. = 52'-0"
MAXIMUM ACTUAL HEIGHT FROM
AVERAGE CENTERLINE ELEVATION
OF ABUTTING ROAD
ELEV. = 45'-0"
MAXIMUM ZONED HEIGHT
(MID POINT OF ROOF)
ELEV. = 35'-0"
FINISH FLOOR HEIGHT
ELEV. = 0'.0"
AVERAGE CENTERLINE ELEVATION
OF ABUTTING ROAD
APPROX. ELEV. = -4'.OM
A GRAPHIC EXAMPLE OF "TRACT B" -
MAXIMUMS DEPICTED
"CONCEPTUAL ONLY"
A Graphic Example of "Tract S"
Florida Community Bank
Collier County, Florida
DATE: February 18, 2009
HUMPHREY" ROSAL
ARCHITECTS
3200 9TH ST. NORTH (239) 263-4201
SUITE #300 FAX (239; 263-4451
NAPLES. FLORIDA 34103
Rxhihit G (1).___,
Exhibit R Conceptual Architectural
~ ~ . *
;.~r"J " n -t '
"d ~.,"'~:~~.,.,',.
;j:.:.J : "; .'-
I 'i~.~.:", .
1~-'-,
\ I
~-~,;;
* 'lhis acdritatural :r:arl2r:irg is 'D.~. rriHfimHrYB In1Y I:E II1'dl as nq:ri:rlrllD
I:E anri.sluJt .lith <TI,li,-,r,l", g~.,wu"L ~
EXHIBIT I
CONDITIONS OF APPROVAL
March 27, 2009
I, Any plan submitted pursuant to this CFPUD shall be in substantial conformance with
the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by
Planning Development Incorporated, eonsisting of one sheet, dated November 25,
2008, as revised through March 24, 2009, except as conditioned.
2. The access points loeated on West Street and Ridge Drive, depicted on Tract B of the
Master Plan, shall close when this tract redevelops.
3. The required 0.12-acre re-created preserve shall meet County preserve requirements
and shall recreate the habitat that previously existed on-site (pine flatwoods), including
all three vegetative strata.
4. A landscape planting plan shall be submitted for review and approval at the time of the
first SDP for each of the tracts.
5. The property owners shall provide, or shall pay the County to provide, a bus shelter at
the existing Collier Area Transit stop located adjacent to US 41, which is located at the
stub-out in the median separating Trail Boulevard and US 41 as depicted on the
Master Plan. This bus shelter is required to be constructed when development reaches
a one percent or greater impact on US-41, or as a stipulation of Phase Two
improvements, whichever occurs first.
STATE OF FLORIDA)
COUNTY OF COLLIER)
--I
':;:,. t
i--r"'
r~'
:;:>~
.'1'~ .'
:f>-
U)~:-.
en
I, DWIGHT E. BROCK, Clerk of Courts in and for th~=
" ,
""
Twentieth Judicial Circuit, Collier County, Florida, dQ;'
::::0::-:'
6:'....;
hereby certify that the foregoing is a true and correcP'.rT,
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 an,d.,Clerk
Ex-officio to Boa1:"d,'oi:;
County Commissioners
~~~
By: Teresa Polaski"
Deputy Clerk
'"
C~)
C.::::>
..0
,.,.
V
:;v
I
C~M
. i
;r.-
t"Y1
. ,
\,J)
en
"
r-J
-,_J