CCPC Backup 01/15/2009 R
CCPC
REGULAR
MEETING
BACKUP
DOCUMENTS
JANUARY 15, 2009
AGENDA
COURT REPORTER
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 15,2009, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH TIlE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPRO V AL OF MINUTES - NOVEMBER 20, 2008, REGULAR MEETING; DECEMBER 4, 2008, REGULAR
MEETING; DECEMBER 9, 2008, HORIZON STUDY MEETING
6. BCC REPORT- RECAPS - DECEMBER 2, 2008, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: VA-2008-AR-I3601, Okeechobee Inn, LTD, represented by Gina Green, p.E. of Green
Engineering, Inc., is requesting a Variance ITom LDC Subsection 4.02.27, Specific Design Standards for the
Immokalee-State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel
having less than the minimum 440-foot street /Tontage width. The 9.04-acre subject property is located on
the west side of State Road 29, just north of tbe Lake Trafford Road intersection, in Section 32,
Township 46 South, Range 29 East, Immokalee. Florida. (Coordinator: John-David Moss, AICp)
B. Petition: CU-2008-AR-13639, Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter-Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is requesting a Conditional
Use for a church in the Residential Single-Family (RSF-3) Zoning District, as specified in Section
2.03.02.A.l.c.2 of the Collier County Land Development Code (LDC). The 4.63-acre subject property is
located at 4935 23rd Court SW in Section 21, Township 49 South, Range 26 East of Collier County,
Florida. (Coordinator: John-David Moss, Aiel')
1
C. Petition: RZ-2008-AR-12930, Collier County Coastal Zone Management represented by Laura DeJohn of
Johnson Engineering, Inc., requesting a Rezone from the RMF-6 (Residential Multi-family) and C-3
(Commercial Intermediate) zoning districts to the CF (Community Facility) zoning district to provide
overflow parking for the Bayview Park boat launch. The + 2.13-acre subject property is located in
Section 23, Township 50 South and Range 25 East. Collier County, Florida. (Coordinator: John-David Moss,
AICP)
D. Petition: PUDZ-2007-AR- I 2026, Stephen J. Lockwood, Trustee for SJL Realty II Trust. represented by
Heidi Williams, AICP. of Q. Grady Minor and Associates, P.A., and Richard D. Y ovanovich, Esq., of
Goodlette, Coleman, .Iohnson, Yovanovich & Koester, P.A.. requesting a rezone from the Rural Agricultural
(A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be
known as the Savannah Place RPlJD. to aJJaw development of a maximum of 20 townhouse, single-family
attached or single-family detached dwelling units. The subject 6.8H acre property is located on the south
side of Orange Blossom Drive approximately l;2 mile west of Airport Road (CR 31), in Section 2,
Township 49 South, Range 25 East. CoIlier County, Florida. (Coordinator: Kay Deselem, AICp)
9. ADVERTISED PUBLIC HEARINGS
A. PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank,
Inc., represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A.,
are requesting a rezone from the Residential Single-family (RSF-l) Zoning District to the Community
Facilities Planned Unit Development (CFpUD) Zoning District for a project to be known as Heavenly
CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with
a master site plan to a maximum of 100,000 square feet of houses of worship, children and adult day cares, a
Pre-K through 3rd grade schoo], and various accessory uses; and an additional 20,000 square feet of children
and adult day cares, Pre-K through 3rd grade schoo] and accessory uses contingent upon Conditional Use
approval. The ]5.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block
hounded by Ridge Drive. West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South,
Range 25 East of eoIlier County, Florida. (Coordinator: John-David Moss. AICP) READVERTlSED
FROM I 1/06/08
B. Petition: VA-2008-AR-13756, Lee Wyatt, represented by Lauren Barber of Turrell and Associates, is
requesting a front yard setback Variance for principal structures in the Mobile Home (MH) Zoning District
from 25 feet to 16 feet. as required by Land Development Code (LDC) Section 4.02.0 I, Selbacks ji,r Base
Zoning D;str;cfs, to pennit a nine-foot setback; and a site alteration Variance to impact mangroves, pursuant
to LDC Sob section 9.04.02.B.1. The approximately O. I 4-acre subject property is located on Lot 77, Otter
Avenue, in Plantation Island, of Section 24, Tovmship 53 South, Range 29 East Collier County, Florida.
(Coordinator: John-David Moss, AICp)
C. Petition: pUDZ-2007-AR-I 1320, Sembler Family Partnership #42, represented by Robert MuIhere, AICp
of RW A, Inc and R. Bruce Anderson, Esquire. of Roctze] and Andress, requesting a rezoning from Rural
Agriculture (A) zoning to Mixed-Use Planned Unit DevcIopment (MPUD) to be known as McMullen
MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use development. The
rezoning petition allO\vs for a maximum of 122,000 square feet of medical office and medical support
facilities, and up to 48 multi-family dwelling units, with allowances for modifications of commercial activates
and residential uses for additional pennitted commercial uses. In no case shall the commercial square footage
exceed 185,000 square feet. The subject property is generally located onc- half mile cast of Collier
Boulevard (eR 951) on Rattlesnake-Hammock Road Extension, the south one-half of the Southeast one-
quarter of the Southwest one-quarter of Section 14, To\'vnship 50 South, Range 26 East, Collier County,
Florida. (eoordinator: Nancy Gundlach, Aiel') eONTINUTED TO 2/5/09
10. OLD BUSINESS
II. NEW BUSINESS
A. Distribution of the Collier County Sign Code draft revision to remove the elements declared unconstitutional
by the Eleventh Circuit Court. The presentation will include an 8-10 minute explanation of the basic
constitution law concepts that protect free speech in signage and which guided the revisions. (Coordinator:
Catherine Fabacher, AICp) TO BE HEARD IMMEDIA TELY FOLLOWING CONSENT AGENDA ITEMS
2
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
1/15/08 cepe AgendaIRB/!ip
:3
AGENDA ITEM 8-A
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-13601, FOR A VARIANCE FROM
SUBSECTION 4.02.27.A. OF THE LAND DEVELOPMENT
CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A
P ARCEL HAVING LESS THAN THE MINIMUM 440 FEET
STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON
THE WEST SIDE OF STATE ROAD 29 IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance to
Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the
minimum 440-foot street frontage width, as shown on the attached Exhibit "A", in the
Commercial Intermediate (C-3) Zoning District within the Immokalee-State Road 29 Commercial
Overlay Subdistrict for the property hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters required
by said regulations and in accordance with Section 9.04.00 of the LDC for the unincorporated area
of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
public meeting assembled, and the Board having considered alJ matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
I
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The Petition Number V A-2008-AR-13601 tiled by Green Engineering, Inc. on behalf of
Okeechobee Inn, Ltd., with respect to the property hereinafter described as:
The Southerly 322.6 feet of the Northerly 645.1 feet of the Southeast Quarter (SE II.)
of the Northeast Quarter (NE \-4) of Section 32, Township 46 South, Range 29 East,
Collier County, Florida.
Excepting therefrom the right of way for State Road No. 29 over and across the
Easterly 100 feet thereof.
be and the same hereby is approved for a variance to Subsection 4.02.27.A. of the LDC to allow
access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as
shown on the plan attached as Exhibit "A", in the zoning district wherein said property is located,
subject to the conditions attached as Exhibit "B".
BE IT FURTHER RESOLVED that this Resolution does not waive any state or county
requirements for owner to obtain a right-of-way permit for construction of a driveway connection.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
.
DONNA FIALA, Chairman
Approved as to fOlm
and legal sufficiency:
I'r-G ,o'i,
0' ;v1--
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Heidi Ashton-Cicko
Assistant County Attorney
08-CPS-00884/15HFAC 12.22-0:5
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LAKE TRAFFORD ROAD
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LEE STREET
CONDITIONS OF APPROVAL
V A-200S-AR-13601
DECEMBER 18, 2008
1. All access to State Road 29 from the 9.04-acre tract shall be through the
access location approved as part of this Variance, even if portions of the
property are subsequently sold to another owner.
2. The slope easement depicted on the site plan adjacent to the access drive shall be
modified, if needed, to include public and/or private utilities.
3, The site plan attached as Exhibit A, entitled "Conceptual Site Plan" is conceptual
in nature, with the final location of the access point to State Road 29 to be
detennined at the time of permitting by the by the Florida Department of
Transportation.
EXHIBIT B
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AGENDA ITEM 8-B
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
EXPANSION OF A CHURCH AND PLACE OF WORSHIP
WITHIN AN RSF-3 ZONING DISTRICT AT 4935 23RD CT.
S.W., IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals has held a public hearing and has considered
the advisability of a Conditional Use for the expansion of a Church and Place of Worship to
include 2,588 square feet in building additions in the Residential Single Family - Three Zoning
District (RSF-3), on the property described in Exhibit "B", and has found as a matter of fact
(Exhibit nAn) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 10.08.00.D of the
Land Development Code, as amended; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
Page 1 of3
__ ___, _~__.__._ ___.__"..'._",.,._,,_. ."_'~_'.~. "';_.' H
Petition CU-2008-AR-13639, filed by Alan Brewer of Reynolds Smith and Hills, Inc.,
representing The Church of the Jesus Christ of Latter Day Saints, with respect to the property
described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby
approved for a Conditional Use pursuant to the Collier County Land Development Code in the
Residential Single Family - Three Zoning District (RSF-3), for the expansion of a Church and
Place of Worship to include 2,588 square feet in building additions in accordance with the
Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D,"
attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
s(...J
Steven T. Williams
Assistant County Attorney
Page 2 of3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with t~and Development Code and Growth Management Plan:
Yes /' No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes /NO
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent roperties and other property in the district:
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
(L/nl/ol
I I
COMMISSIONER:
f
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
I. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional
use,
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency wit the Land Development Code and Growth Management Plan:
Yes
No
B, Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No ___
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use ithin district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: /cJ.-//ljaf
COMMISSIONER:
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
.../ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ,./ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
.
DATE: /.7-/.#-6%
COMMISSIONER:
EXHIBIT A
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2,04.03, Table 2, of the Land Development Code authorized the conditional
use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with e Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or Affect rnitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes vi No
Based on the above findings, this conditional use should, th stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appea
DATE: IZ-jl1ls
COMMISSIONER:
~11W Si'\M\2\~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /' No
B, Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/
./ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: I~ (Ill/Of'
COMMISSIONER:
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EXHIBIT A
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional
use,
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A, Consistency with the Land Development Code and Growth Management Plan:
Yes vi
No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes
I No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: :.L / f {)f
COMMISSIONER~I1d., ~/d (ldJ~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
I. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional
use,
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with !he Land Development Code and Growth Management Plan:
Yes / No
B, Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yesd No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes
No
Based on the above [mdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:JZ,' 1,3' Cil>
COMMISSIONER:
~p
~
EXHIBIT A
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2,04,03, Table 2, of the Land Development Code authorized the conditional
use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with t Land Development Code and Growth Management Plan:
Yes
No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & e
Yes
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or __ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
DATE:
):2 ~/f/c?'
COMMISSIONER'
attached) be
Based on the above fmdings, this conditional use should, with sti
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
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C. U
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
CONDITIONAL USE PETITION
CU-2008-AR-13639
The following facts are found:
1. Section 2.04,03, Table 2, of the Land Development Code authorized the conditional
use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes I No
B, Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
---/No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes
/'
,
No
DATE:
'L 18 08
COMMISSIONER:
'th stipulations, (copy attached) be
Is.
Based on the above findings, this conditional use shoul
recommended for approval to the Board of Zoning App
EXHIBIT A
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LEGAL DESCRIPTION
GOLDEN GATE CITY UNIT 4, BLOCK 119, LOT 1IN PLAT BOOK 5, PAGES 107-
116, COLLIER COUNTY FLORIDA
N (Back) N 89d29'53"E 450.00 MEASURED
N 90dOO'00"E 450.00 PLAT
S (Front) CB=N82d08' ll"W 450.00MEAS. CD=447.57
D=16d43'51" R=1538.17 L=449.l6 T=226.l9 CB-N8ld38'04"W PLAT CE=447,57
E (Side) SOOd30'07"E 397.65 MEASURED
SOOdOO'OO"E 397,65 PLAT
W (Side) NOOd30'07"W 331.48 MEASURED
NOOdOO'OO"W 331.48 PLAT
Exhibit B
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CONDITIONS OF APPROVAL
CU-2008-AR-13639
December 18, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "Naples Meetinghouse Conceptual Plan," prepared by Reynolds,
Smith and Hills, Inc" and dated December 8, 2008, The site plan noted is
conceptual in nature for Conditional Use approval only, The final design must be
compliance with all applicable federal, state, and county laws and regulations.
2. Day care operations shall be limited to those provided during church services
only,
3. The number of paved parking spaces on the site shall be limited to 177 spaces.
Exhibit D
AGENDA ITEM 8-C
CCPC Consent Agenda, 1/15/09
Executive Summary to the Board of County Commissioners (BCC), findings from the
Collier County Planning Commission's (CCPC) December 4, 2008 hearing on RZ-2008-
AR-12930, Bayview Park.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The CCPC heard this petition at their December 4, 2008 meeting, and voted 6-2 to
forward it to the BCC with a recommendation of denial for its failure to comply with the
following provisions of the GMP:
· The proposal is not consistent with Conservation and Coastal Management
Element (CCME) Policy 12.2,7, as determined by Comprehensive Planning staff,
since that provision applies only to undeveloped properties and some of the
parcels proposed with the subject petition are already developed with single-
family homes,
· The proposal is not necessarily consistent with the Recreational and Open Space
(ROSE) Policy 1.1.5 since the provision of off-site boat trailer parking is not the
only alternative to achieving improved Level of Service (LOS) standards.
· The proposal is not consistent with ROSE Policy 1.3.1, as determined by
Comprehensive Planning staff, since it limits automobile and pedestrian access to
where the location is appropriate. (The CCPC considered the proposed parking
lot to be inappropriate for the location.)
· The proposal is not consistent with ROSE Policy 1.4,2, as determined by
Comprehensive Planning staff, since the Parks and Recreation Department failed
to coordinate the provision of 15 boat trailer parking spaces at Hamilton Harbor
PUD with the City of Naples (which was authorized by Collier County to review
and approve the portion of the PUD within its jurisdictional boundaries).
· The proposal is not consistent with Future Land Use Element (FLUE) Policy 5.4,
as determined by Zoning and Land Development Review staff, which requires
new developments to be compatible with, and complementary to, surrounding
uses.
The CCPC also noted the proposal's failure to comply with the following provisions of
Subsection 10.03,05,1.2 of the Land Development Code, as noted in the Staff Report: 1,
2,3,5,6,7,10,11,12,13,14,15, and 18.
Staff has received 18 letters of objection and two petitions opposing the project from the
surrounding neighbors,
- ,--.---.- ~,
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" '--------
AGENDA ITEM 8-D
ORDINANCE NO. 2009 -
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSNE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE RURAL AGRICULTURAL (A)
ZONING DISTRICT TO THE RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR
A 6.8H-ACRE PROJECT TO BE KNOWN AS THE
SAVANNAH PLACE RPUD, TO ALLOW DEVELOPMENT
OF A MAXIMUM OF 20 DWELLING UNITS, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
ORANGE BLOSSOM DRIVE APPROXIMATELY Y2 MILE
WEST OF AIRPORT ROAD (CR 31), IN SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Heidi Williams, AICP, of Q. Grady Minor and Associates, PA, and
Richard D. Yovanovich, Esq., of GoodJette, Coleman, and Johnson, et aI, representing Stephen J.
Lockwood, Trustee of the SJL Realty Trust II dated October 28, 2005, 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 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from the Rural
Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning
district for a project to be known as the Savannah Place RPUD, to allow development of a
maximum of20 dwelling units in accordance with the Savannah Place RPUD Exhibits, attached
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
CP\07 -CP S-00703 \Ordinance
Rev. 12129/08 - HFAC
Page 1 of2
described in Ordinance Number 2004-41, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by supermajority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2009.
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
----
DONNA FIALA, CHAIRMAN
, Deputy Clerk
Approved as to Form and
Legal Sufficiency
v /1;1'\
/~'?o
,'>
Heidi Ashton-Cicko
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
List of Permitted Uses
Development Standards
Master Plan and Water Management Plan
Legal Description
Development Commitments Specific to the Project
CP\07 -CP S-007 0 3 IOrdinance
Rev, 12/29/08 - HFAC
Page 2 of2
EXHIBIT A
SA V ANNAH PLACE RPUD
PERMITTED USES
1. Residential Tract:
The residential tract of the Savannah Place RPUD is approximately 6.66"' acres, which are to
be developed with up to 20 dwelling units and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Single-family, detached dwelling units;
b. Single-family, attached dwelling units;
c. Townhouses, no greater than 140 feet in width;
d. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) according to
the process described in the Land Development Code (LDC);
e. All dwelling units must be of the same type; i.e. a mixture of townhouses and
single-family detached units would not be allowed.
2. Accessory Uses
a. Garages;
b. Carports;
c. Model homes and model home centers including offices for project
administration, construction, sales and marketing;
d. Guardhouses, gatehouses and access control structures;
e. Community clubhouse (must be located east of the internal roadway, if provided);
f. Recreation facilities, including but not limited to swimming pools, tennis courts,
playground equipment or other amenities (must be located east of the internal
roadway, if provided, except those serving one dwelling unit);
g. Essential services, including but not limited to, water, sewer, cable, electric and
other utilities to serve the principal uses;
h. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table I, contained in Exhibit B, sets forth the development standards for land uses within
the Residential Tract of the Savannah Place RPUD. Standards not specifically set forth
PUD Exhibits revised 12-30-08 per CCPC,doc Page 1 of 7
'''-.-".--.--.----..''----...-----. -'--, --...,._.._,..~"..----~_.~...,_._.._. -
herein shall be those specified in applicable sections of the LDC in effect as of the date of
the date of approval of the Site Development Plan (SDP) or subdivision plat.
II. Preserve Tract
The Preserve Tract of the Savannah Place RPUD is approximately 0.15010 acres, which shall
meet native vegetation retention requirements,
A. Permitted Uses
No building or structure, or part thereof, shal1 be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Native vegetation preserve.
B. Development Standards
The Preserve Tract of the Savannah Place RPUD shal1 comply with standards contained
in applicable sections of the LDC in effect as of the date of the date of approval of the
SDP or subdivision plat
PUD Exhibits revised 12-30-08 per CCPC, doc Page 2 of 7
EXHIBIT B
SAVANNAH PLACE RPUD
DEVELOPMENT STANDARDS
Tables 1 and 1.1 below set forth the development standards for land uses within the RPUD.
Standards not specifically set forth herein shall be those specified in the applicable sections of the
Land Development Code (LDC) in effect at of the date of approval of the site development plan
(SDP) or subdivision plat.
Table 1
Residential Tract Development Standards
Minimum Lot Area 5,000 s.f. 3,500 s.f. nla
Minimum Lot Width 50 feet 35 feet nla
Minimum Floor Area 1,000 s.f. 1,000 s.f. nla
Minimum Setbacks:
PUD Boundaries, except 25 feet 25 feet 25 feet
east side
.--- .
PUD Boundary - east side 15 feet 15 feet 15 feet
Front (see note 1 20 feet 20 feet nla
Side 7.5 feet 6 feet or 0 feet nla
Rear 15 feet 15 feet nla
--..
Preserve 25 feet 25 feet 25 feet
Minimum Distance Between 15 feet 12 feet 15 feet
Structures
Maximum Zoned Hei 30 feet 30 feet 30 feet
Maximum Actual Hei 40 feet 40 feet 40 feet
Note 1: Driveways shall be a minimum of 23 feet from the edge of sidewalk to
the face of the garage door or building fayade in order to prevent parking across
pedestrian ways.
PUD Exhibits revised 12-30-08 per CCPC.doc Page 3 of 7
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Table 1.1
Residential Tract Development Standards
Minimum Lot Area n/a n/a n/a n/a
Minimum Lot Width n/a n/a n/a n/a
Mirrimum Setbacks:
PUD Boundary, except
adjacent to Orange 10 feet 10 feet 15 feet 20 feet
Blossom Drive
PUD Boundary, adjacent to 25 feet 25 feet 25 feet 25 feet
Orange Blossom Drive
Front see note 1 20 feet 20 feet 10 feet 20 feet
Side 5 feet 5 feet 5 feet 7.5 feet
Rear 5 feet 5 feet 5 feet 15 feet
--- I ---..-.--
Preserve 10 feet 10 feet 10 feet 25 feet
I
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Minimum Distance Between o feet o feet o feet o feet
i\ccessory Structures I
, 1__~_lQfeet
Maximum Zoned Height_.__ I 30 feet 30 feet 30 feet
".----
Maximum i\ctual Height __~ 40 feet 40 feet : 40 feet 40 feet
,
Note 1: Driveways shall be a minimum of 23 feet from the edge of sidewalk to
the face of the garage door or building fayade in order to prevent parking across
pedestrian ways.
Table 2
Preserve Tract Development Standards
No development standards are required since no structures are anticipated to be located within
the Preserve Tract. Development shall be in accordance with LDC standards.
PUO Exhibits reVised 12-30-08 per CCpedac Page 4 of 7
EXHIBIT B
SAVANNAH PLACE RPUD
DEVELOPMENT ST AN[)ARDS
Tables I and 1.1 below set forth the development standards for land uses within the RPUD.
Standards not specifically set forth herein shall be those specified in the applicable sections of the
Land Development Code (LDC) in effect at of the date of approval of the site development plan
(SDP) or subdivision plat.
Table I
Residential Tract Development Standards
~.---~--'" ",-- -.---..- ~ - ~ -
SINGLE- SINGLE- ,
FAMILY, FAMILY, TOWNHOUSE
DETACHED ATTACHED
PRINCIPAL STRUCTURES
--..-.'.
Minimum Lot Area ___ 5,000 s~f_~__ 3,500 s.f n/a
Minimum Lot Width ,""~H'" . '"'
-.-- --
Minimum Floor Area --'000,"- '"'":=r:~
Minimum Setbacks:
--~.~-----
PU D Boundaries, except 25 feet , 25 feet 25 feet
east side ,
PU D Boundary - east side 15 feet 15 feet I 15 feet
Front (~ee note 1) 20 feet 20 feet __ 20 feet
, Side (see note 2L 7.5 feet 6 feet or 0 feet o feet or 7.5 feet
, -
I Rear 15 leet 15 feet 15 teet
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>--_ .Preserv~__"~_____ 25 feet 25 feet 25 feet
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Maximum Actl1~llleighl , 40 _t~~_~=r 401~~~_~~2.!t:~_~
Note t: Driveways shall be a minimum of 23 feet from the edge of sidewalk to
the t~lce of the garage door or building fac;ade in order to prevent parking across
pedestrian ways.
Note 2: Zero foot minimum side setback on one side of building as long as a
minillllllll 15 foot separation between principal structures is maintained.
Note 3: Principal ancl accessory uses shall not be permitted to encroach into any
required PUD perimeter sethack.
I PUD Exhibits revised 1-15-09 per CCPC (2) Page 3 of 7
Formatted Table
'1
Table I.J
Residential T,'act Development Standards
SINGLE-
FAMILY,
DETACHED
A 'CESSORY STRUCTURES
Minimum Lot Area
Minimum Lot Width
Minimum Setbacks:
PUD Boundary, except
adjacent to Orange
Blossom Drive
PUD Boundary, adjacent to
Orange Blossom Drive
Front (see note 1) 20 feet
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I Preserve i 10 feet
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MinimulTl Distance Between i 0 feet
Accessory Structllre~
Ma~imUIl1 Zoned He,'ight" ~~O fee,t
Ma.ximlllll Actllall--I~tgh~ __~~Q fect_
n/a
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n/a
10 feet
25 feet
SINGLE-
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ATTACHED
n/a
nia
10 feet
25 feet
20 feet
..--.---....
5 feet
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5 feet
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10 fect
o ICct
10 feet
40 feet
CLUBHOUSEI
TOWNHOUSES RECREATION
BUILDINGS
n/a
__n____________..__
n/a
n/a
------
n/a
15 feet
20 feel
25 fect
25 ICet
10 feet
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I 5 feet
I 5 feet
10 feet
20 feet
7.5 feet
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25 feel
;:/;ee~t -~
40 feet
-- -
o feet
30 feet
40 feet
Note I: Driveways shall be a minimum of 23 feet from the edge of sidewalk to
the face of the garage door or building f3(;:ade in order to prevent parking across
pedestrian ways.
Table 2
Preserve Tract Development Standards
No development standards are required since no structures are allowed to be located within the
Preserve Tract. Development shalt he in accordance with LDC standards.
I PUD Exhibits revised 1-15-09 per ccpe (2)
Page 4 of7
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EXHIBIT D
SA V ANNAH PLACE RPUD
LEGAL DESCRIPTION
THE SOUTHERLY 796.70 FEET OF THE EASTERLY 470.61 FEET OF THE NORTH 1/2 OF
THE SW 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE
NORTHWEST CORNER OF THE NORTHERLY 398.35 FEET OF THE SOUTHERLY 796.7
FEET OF THE EASTERLY 470.61 FEET OF THE NORTH 1/2 OF SOUTHWEST 1/4 OF
SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING AT THE NORTHEAST CORNER OF TRACT "B" OF THE
CROSSINGS, MILL RUN, PLAT BOOK 15, PAGES 39 THROUGH 41, COLLIER COUNTY,
FLORIDA, AND ON THE RlGHT OF WAY OF ORANGE BLOSSOM DRIVE; THENCE
ALONG SAID RlGHT OF WAY NORTH 89042'58" EAST 265.00 FEET; THENCE
LEAVING SAID RIGHT OF WAY SOUTH 01033'49" EAST 295.00 FEET; THENCE SOUTH
89042'58" WEST 265.00 FEET TO A POINT ON THE EAST PROPERTY LINE OF THE
CROSSINGS, MILL RUN; THENCE ALONG SAID EAST LINE NORTH 01033'49" WEST
295.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED.
PUD Exhibits revised 12-30-08 per CCPCdac Page 6 of 7
EXHIBIT E
SAVANNAHPLACERPUD
LIST OF DEVELOPER COMMITMENTS
1. Regulations for development of the Savannah Place RPUD shall be in accordance with
the contents of this RPUD Document and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development order to
which said regulations relate. Where this RPUD Ordinance does not provide development
standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
2. Transportation:
A. If the entrance is to be gated, the face of said gate shall be located so as to maintain no
less than a 100- foot throat length to the southerly edge of pavement at the entrance
intersection with Orange Blossom Drive.
B. The developer shall contribute his fair share of the future intersection improvements
at Orange Blossom Drive and Airport Road. Fair share is required to be quantified
and paid prior to approval of the first development order on this project.
3. Water Management:
A. Prior to submittal of the application for final development order, the developer will
coordinate the design and construction of a single three-inch (maximum) bleeder into
the Orange Blossom Road storm drain system. The coordination and approval will be
with the Collier County Storrnwater Management and Road Maintenance departments
of the Transportation Division and the Engineering Department of the Community
Developrnent and Environmental Services Division.
4. Landscaping:
A. If the developer builds single-family, attached or single-family, detached dwelling
units, the developer will provide Type B landscape buffer vegetation within the ten
foot width. If multi-family dwelling units are built then LDC-required Type B
landscape buffers will be provided in the standard 15 foot width.
PUO Exhibits revised 12-30-08 per CCPC.doc Page 7 of 7
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-
AGENDA ITEM 9-A
c. 4J my County
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SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE:
DECEMBER 18, 2008
RE:
PETITION: PUDZ-2007-AR-12097, HEA VENL Y COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD)
This item was most recently scheduled for the Collier County Planning Commission's (CCPC)
December 4, 2008 public hearing; however, due to an advertising error, it was continued to the
CCPC's January 15,2009 public hearing date.
It was the applicants' intention to utilize the additional six weeks gained from the continuance to
resolve outstanding issues with the surrounding community. However, as of the writing of this
supplemental staff report, staff has not yet received a revised version of the CFPUD document
reflecting any changes. Nevertheless, the applicant's newly appointed agent, Richard Y ovanavich,
has assured staff that all of the proposed changes will result in a reduclion of impacts on the
surrounding properties. According to Mr. Y ovanavich, the maximum permitted heights proposed
in the most recent iteration of the CFPUD document (submitted to staff for review on October 14,
2008) would be further reduced; one access point to the site would have its hours of operation
limited; an elevation depicting the massing of the church proposed for construction on Tract A
would be submitted; and other such modifications will be proposed. Because all of the changes
would be reductions in terms of their impact, another Neighborhood Information Meeting (NIM)
was not required of the applicants; and Mr. Y ovanovich was granted permission from the CCPC
Chairman to present the proposed revisions to the CFPUD document on the floor at the public
hearing.
Because Zoning and Land Development Review staff was preparing this supplemental staff
report, Environmental Services staff requested that a revised summary of their review be
submitted to the CCPC. It is Environmental Services staffs hope that the following summary
more clearly characterizes their position on the subject petition:
The retained vegetation retention requirement was evaluated separately for the
developed and undeveloped portions. The developed portion of the site has only
retained trees. To meet native vegetation retention requirements on the developed
portion of the site, a minimum of 44 native canopy trees shall be planted to replace
1
-"'''---.--....-
the eXlstzng native trees that will be removed Fom this portion of the PUD.
Regarding the undeveloped portion of the site, 0.8 acres of native vegetation existed
on the site. A minimum of 0,12 acres of native vegetation (0,8 acres X required 15
percent = O. ] 2 acres) is required in addition to the 44 native canopy trees,
The applicants have proposed to incorporate the 44 native trees into the perimeter
buffers adjacent to West Street and Mvrtle Road to .fi,rther enhance the vegetation
within these areas. They are also proposing to recreate the 0.12 acres of native
vegetation in a dry storm water management area in the western portion of the site
(labeled on the Master Plan as CPfor "created preserve "). However, South Florida
Water Management District allows only minimal plantings with maintenance
requirements including mowing within drv stormwater management areas, These
plantings are not consistent with either recreated preserve planting or preserve
management plan requirements in the LDC 771e 0,12 acre of preserve for this site
must be recreated due to a violation of the Exotic Vegetation Removal Permit issued
for the undeveloped lot. Native understory was mechanically removed from this
parcel and this removal further damaged the root ~ones of the slash pines on site
which contributed to the destruction of the canopv. Furthermore, section 10.02.06 E
of the LDC requires that mirigation for permit violations recreate the vegetative
community that was lost. This section requires the mitigation to restore the habitat
that previously existed on the site, which was an upland habitat (i.e, pine flatwoods)
rather than a wetland. Finally, GMP CCME Ii. I. J (5) allows onlv for receipt of
treated stormwater and the site plan as currently shown would result in untreated
storm water being discharged into the created preserve. The applicant contends that
there is no prohibition in the LDC for the proposal and therefore has shown the
recreated preserve within the (by storm water management area on the Master Plan;
and that such re-created preserves have been previously approved for St. Agnes
Catholic Church, St. John the Evangelist, and private commercial projects like
Capital Center. However, the construction plans for the two churches referenced
above have required County preserves separate from water management areas. The
Capital Center plan was permilled as part of a Settlement Agreement and is not a
valid comparison to this project. As such, in order for the PUD to be consistent with
GMl' and LDC requirements for retained natIve vegetation, several conditions of
approval relative to the proposed required preserve have been incorporated (see
"Exhibit G, Conditions of Approval "fi)r a list of these stipulations, which have also
been included in the "Staff Recommendation" portion ofthis report).
Assuming the proposed changes presented at the hearing do result in a reduction of impacts on the
surrounding properties as purported, the Department of Zoning and Land Development Review
staffs recommendation remains the same, as noted in the previous staffreport dated November 6,
2008, As such, staff recommends that the CCPC forward PUDZ-2007-AR-12097 to the Board of
County Commissioners with a recommendation of approval, subject to stipulations contained in
the Exhibit H, dated October 7, 2008, which are attached to the ordinance.
PUDZ-2007-AR-/2097, HFA VENLY CFPUD
PREPARED BY:
..
JO -DAVID MOSS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
{21L-L-lo~
DATE
H I I ASHTON-CICKO
ASSISTANT COUNTY ATTORNEY
j
RA YM D BELLO S, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
/2. 11 - D<;;:
DATE
xL ~ \...()J , \7 /19 /.J2B
S\oJ'SAN M. ISTENES, AICP, DIRECTOR 'DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
I~Pa/o~
PH K. SCHMITT, ADM ISTRATOR ( D~TE
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
MARK P. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the February 10,2009 Board of County Commissioners Meeting
PUDZ-2007-AR-J2097, HEA VENLY CFPUD
. -"- ^-.-.....,"- ~-"---_.. --,
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ORDINANCE NO. 08
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE-
FAMILY (RSF-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.
WHEREAS, Michael R. Fernandez of Planning Development, Inc., representing The
Covenant Presbyterian Church of Naples, Inc, and Florida Community Bank, petitioned the
Board of County Commissioners to change the zoning classification of the herein described real
property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE
The zoning classification of the herein described real property located in Section 3,
Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-l Zoning
District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known
as The Heavenly CFPUD, in accordance with Exhibits A through F, 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 1 of2
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
&tJ
Heidi Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Developer Commitments
Exhibit G - Graphic Depiction & Guide of Vertical Building Height
Exhibit H - Conditions of Approval
CP\08-CP$-00840\Ordinance- HF AC
Page 2 of2
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HEAVENLY
COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
EXHIBIT A
GENERAL:
Development of the Heavenly CFPUD shall he 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 thc following:
A. Principal Uses:
I. House(s) of worship with a maximum seating capacity of I ,000 individuals.
B. Accessory Uses:
I. Religious Educational Classrooms and Chorus Rehearsal Room
2. Social/Meeting and Activity Center
3. Administrative Offices
4. Child/Adult Day Care / Pre-KJKindergarten / School, limited to I s( 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 reallocated by mutual agreement
of the Tract A and B owners [if in diflerent ownership] provided the total number of
students/individuals for the entire CFPUD does not exceed 220.
5. Accessory uses and structures customarily associated with the permitted principal uses and
structures; except that parking garages are prohibited.
C. Conditional Uses:
1. Child/Adult Day Care t Pre-KJKindergarten / School, limited to 1st through 3rd; for
enrollrnentlserving more than a cumulativc total of 220 students/individuals for the entire
CFPUD, The square footage of any approved conditional use shall be included within the
maximum accessory use square footage of 72,000 square feet within Tract A, and in no event
shall the square footage of all the structures within the entire CFPUD exceed 100,000 square
feet; except as may be approved in item C.2 below.
2. Up to an additional 20,000 square feet of accessory use(s).
Document Date: October 14, 2008
Page2of21
D, Temporary Uses:
1. Temporary building structures may be utilized to accommodate existing uses in the initial
redevelopment construction transition period. The maximum period of use of such
temporary building(s) shall be 30 months, but in no event shall be utilized beyond 90 days
after receipt of the certificate of occupancy for the first new permanent building. Any such
building(s) shall meet CFPUD setbacks requirements for new structures.
Document Date: October 14, 2008
Page 3 0[21
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(TRACT B)
PERMITTED USES:
No building or structure, or part thereof; shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
I, House(s) of worship with a maximum seating capacity of 200 individuals.
B. Accessory Uses:
I, Religious Educational Classrooms and Chorus Rehearsal Room
2. SociaIJMeeting and Activity Center
3. Administrative Offices
4. Child/Adult Day Care / Pre-KlKindergarten / 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 by mutual agreement of the
Tract A and B owners [if under different ownership] provided the total number of
students/individuals for the entire CFPUD does not exceed 220.
5. Accessory uses and structures customarily associated with the permitted principal uses and
structures; except that parking garages are prohibited.
C. Conditional Uses:
1. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to 1st through 3'd; for
enrollment/serving more than a cumulative total of 220 students/individuals for the entire
CFPUD. The square footage of any approved conditional use shall be included within the
maximum accessory use square footage of 14,400 square feet within Tract B, and in no event
shall the square footage of all the structures within the entire CFPUD exceed 100,000 square
feet; except as may be approved as a Conditional Use for Tract A.
2. An increase in maxirnum seating capacity, maximum parking spaces and/or maximum square
footage allocation for the house(s) of worship.
Document Date: October 14,2008
Page 4 of21
EXHIBIT B
TABLE I (for Tract A)
DEVELOPMENT STANDARDS (for Tract A)
Table I, together with the text which follows below, sets forth the development standards for land uses within
Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). The
redevelopment program of this CFPUD is based on a 25 year build-out.
PRINCIPAL USES ACCESSORY AND
CONDITIONAL USES
MINIMUM LOT AREA 14010 acres N/A
MINIMUM LOT WIDTH 538 ft. N/A
MINIMUM YARDS (from right-of-
way)
Existing The greater of 30 f1, or the zoned height of SPS
structure
Expanded buildings(S) 50 ft. for expanded portion SPS
New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS
MINIMUM YARDS (between tracts)
Side The greater of 15 ft. or Y, the zoned SPS
building height
MIN. DISTANCE BETWEEN The greater of 15 ft. or Y, the sum of the SPS
STRUCTURES zoned building heights
MAXIMUM ZONED HEIGHT 50 ft. 35 ft.
70 ft.(l)(2) ~
MAXIMUM ACTUAL HEIGHT 55 ft.
MAXIMUM NUMBER OF STORIES
New 2(3) 2
Existin 1 SPS
MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.
MAXIMUM SQUARE FOOTAGE
House ofWorship(6) 28,000 sq. ft.
Accessory U ses(7) 40,000 sq. ft.
Conditional U se(7), if approved 20,000 sq. ft.
Circulati on/Maintenance/Storage 12,000 sq, ft.
.
PRESERVE SETBACKS 25 ft. 25 ft.
See referenced notes (1) through (8) next page.
Document Date: October 14,2008
Page 5 0[21
(I)
(6)
(7)
(8)
Includes the vertical distance between the finished floor elevation and the average center line
elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.
Maximum actual height may be exceeded by up to 20 feet by non habitable building elements,
singularly or in combination, such as a steeple, cupola, religious symbol or other excluded
height permitted by LDC Subsection 4.02.0 I.D, 1, as may be amended. See Exhibit G for
Graphic Depiction.
Exclusive of mezzanines, loft areas and attic or attic storage areas.
Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated.
Expansions which add square footage to any existing individual building are limited to a
cumulative maximum 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 pcrmit applications.
House of worship square footage not utilized shall be available for accessory uses,
The maximum area of an individual room shall be 12,000 square feet.
Listed setback is for habitable principal, conditional use and accessory structures. Setback
provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be
governed by applicable LDC provisions in effect at the time of SDP A application.
(2)
(3)
(4)
(5)
Document Date: October 14,2008
Page 6 of21
A. Buffers
1. Perimeter landscape buffers shall be installed with the first SDP for a new permanent building or
with the SDP that provides for the relocation of the lake,
2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be shade trees.
3. The maximum water management area within the combined frontage buffers of Tracts A and B shall
be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's
depth.
4. The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West
Street, commencing south of the existing buildings depicted on the Master Plan and extending to the
driveway on Myrtle Road, shall be installed with a minimum height of 5 feet, spaced 4 feet on center
and grown and maintained to a height of 12 feet above grade of any adjacent berm; and a 6-foot
black or green clad chain link fence shall be hidden within this double hedge row.
5. Hedges within the perimeter landscape buffer along West Street not described above shall be grown
and maintained at a minimum height of 6 feet.
B. Parking Lot Lighting
Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting
fixture, and their use shall be further restricted to interior parking lots and at ingress-egress drives.
Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall
have a 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", acres] as open space. Build-out, relative to this provision, shall
be the time when 80,000 square feet of structures exist within Tract A.
Document Date: October 14, 2008
Page 7 0[21
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E. Water Management
The existing 3.3," acre borrow pit lake, which does not meet County development standards for lake
cross sections, associated slopes and littoral zones, shall be reconfigured and relocated as depicted on
the CFPUD Master Plan. The project shall provide the greater of the capacity required by water
managemcnt design standards for a 3 day, 25 year storm event, or the capacity of the existing lake.
Capacity may be met, in part, with dry water rnanagement areas.
A no-discharge design shall be evaluated for the storm water management system which meets
commercial land use standards and shall be implemented if not more costly than a conventional design
and provided it does not require modification of the site plan design.
Water management areas required for the existing facilities that are to remain, including those within
Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be
located outside of the Tract ^ 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 storm water management capacity shall provide for
acccptance of drainage from onc or more ahutting roadside swales via connections to the wet detention
or retention system, in addition to serving as the outfall for the project's dry water management areas.
Parking spaces fronting buffcr and landscape areas shall utilize the Land Development Code
development standard that permits vehicular overhang to lessen the amount of pavement and therefore
reduce impervious area.
The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or
curb shall be a minimum of 50% pervious.
F. Flat roof prohibition.
Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for
secondary roof areas when hidden from view by the use of articulated architectural elements which
create and provide for an articulated roof line.
G. Project Phasing.
The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment
is likely to be realized over a nurnber of phases which will likely include the retention of one or more
existing buildings and their associated improvements between phases,
Document Date: October 14,2008
Page 8 of2l
H. Preserve.
The minimum required native vegetation for this site is 44 native trees for the previously developed
portion of this site and a minimum of an additional 0.12 acres of created preserve (15% of the existing
0.8 acres of native vegetation). The location of the 44 trees is proposed to be within the perimeter
landscape buffer along West Street and Myrtle Road. The site location for the created preserve is a dry
water management area identified on the CFPUD Master Plan. This location is subject to jurisdictional
agency review and approval.
1. Parking Space Requirements and Restrictions.
The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There
shall be no additional parking requirements for the additional uses. The maximum number of vehicular
parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract
A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be
aggregated.
J. Hours of Operation Restrictions:
I. Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may be
exceeded up to 4 times per month for accommodation of
special functions.
2. Adult care:
between 6:30 am and 8:30 pm.
3, Non worship use of the facilities:
between 7:30 am and 10:30 pm.
Document Date: October 14,2008
Page 9 of21
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TABLE 1 (for Tract B)
DEVELOPMENT STANDARDS (for Tract B)
Table I, together with the text which follows below, sets forth the development standards for land uses
within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those
specified in applicable sections of the LDC in effect as of the date of approval of the site development plan
(SDP). The redevelopment program of this CFPUD is based on a 25 year build-out.
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS
I
i-cr
PRINCIPAL USES ACCESSORY
AND
CONDITIONAL
USES
-~-_._-- .
1 .9ct acres N/A
-,-"- -.. --....- .-.-
236 ft. N/A
_.._-----~-_._.-
he greater of30 It. or the zoned height SPS
of structure
-.,,--.-- u. .. ..
- .'.-.---- --
The greater of 15 ft. or Y, the zoned SPS
building height
,___.__. __________m.
hc greater of 15ft. or Y, the sum of the SPS
zoned building heights
.- . - ... 35 ft.(J)(2) ...
35 ft.
- --." --55 ft(ITO), .-- ,. 55 ftO)
2(3) 2
.. '._.'..- ..'.
2,500 sq. ft. 400 sq. ft.
---~ ---' ----- -.-..
5,600 sq. ft.
12,400 sq. ft.
2,000 sq. ft.
-.-.---... " ,.......
(from right of way)
-
MINIMUM YARDS (between tracts)
Side
MIN. DISTANCE BETWEEN T
STRUCTURES
MAXIMUM ZONED HEIGHT
MAXIMUM ACTUAL HEIGHT
MAXIMUM NUMBER OF
STORIES
MINIMUM FLOOR AREA
MAXIMUM SQUARE FOOT AGE
House of Worship(5)
Accessory Uses and any approved
Conditional Use (6)
Circulati on/Maintenance/Storage
See referenced notes (1) through (6) next page.
Document Date: October 14, 2008
Page 10 of21
(1)
(6)
Includes the vertical distance between the finished floor elevation and the average center line
elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.
Maximum actual height may be exceeded by up to 20 feet by non habitable building elements,
singularly or in combination, such as a steeple, cupola, religious symbol or other excluded
height permitted by LDC Subsection 4.02.01.D.l, as may be amended.
Exclusive of mezzanines, loft areas and attic or attic storage areas,
Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated.
House of worship square footage not utilized shall be available for accessory uses. An increase
in the allocated house of worship square footage shall require approval ofa Conditional Use
petition.
The maximum square footage of any individual room shall be less than the square footage of the
house of worship.
(2)
(3)
(4)
(5)
Document Date: October 14, 2008
Page 11 of21
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A. Buffers
1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently
with the redevelopment improvements in their proximity.
2. All required buffer trees along Ridge Drive and West Street shall be shade trees.
3. Hedges within perimeter landscapc buffers along West Street and Ridge Drive shall be grown and
maintained to a minimum height of 4 feet; and, to a height of 5 fect when not abutting a vehicular
parking lot.
4. There shall be no surfacc 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 rneeting arterial level requirements at ingress-
egress drives. Bollards shall havc a maximum height of 48 inches.
C. Existing Ingress .- Egress Driveways
Existing driveways shall be eliminatcd or reconfigured, as depicted on the CFPUD Master Plan, as the
site is redeveloped. The two restricted one-way access driveways serving Tract B shall be removed with
the displacement of the existing buildings. Thereafter, the ingress-egress to the Tract will be via shared
driveways located within Tract A.
D. Open Space
The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than
4,8ctacres] as open space. Open space includes but is not limited to landscape buffers, interior
landscaping, building foundation landscaping, dry water management areas and lakes.
At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the
gross project area [i.e. not less than 6.H acres] as open space. Build-out, relative to this provision, shall
be the time when 80,000 square feet of structurcs cxist within Tract A.
Tract B shall include butTers 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.
Document Date: October 14,2008
Page 12 of21
E. Water Management
The existing 3.Jt acre borrow pit lake, which does not meet County development standards for lake
cross sections, associated slopes and littoral zones, shall be reconfigured and relocated as depicted on
the CFPUD Master Plan. The project shall provide the greater of the capacity required by water
management design standards for a 3 day, 25 year storm event, or the capacity of the existing lake.
Capacity may be met, in part, with dry water management areas,
A no-discharge design shall be evaluated for the storm water management system which meets
commercial land use standards and shall be implemented if not more costly than a conventional design
and provided it does not require modification of the site plan design.
Water management areas required for the existing facilities that are to remain, including those within
Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be
located outside of the Tract A management containment berm provided that compensating water
management areas for the acreage have been provided. Tract B shall be integrated into the master water
management system if and when Tract B is redeveloped.
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 for
acceptance of drainage from one or more abutting roadside swales via connections to the wet detention
or retention system, in addition to serving as the outfall for the project's dry water management areas.
Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code
development standard that permits vehicular overhang to lessen the amount of pavement and therefore
reduce impervious area.
F. Flat roof prohibition.
Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for
secondary roof areas when hidden from view by the use of articulated architectural elements which
create and provide for an articulated roofline.
G. Project Phasing.
It is understood that the redevelopment may be realized over a number of phases and may include the
retention of the existing buildings and associated improvements between phases,
H. Parking Space Requirements and Restrictions.
The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There
shall be no additional parking requirements for the additional uses. The maximum number of vehicular
parking spaces, exclusive of loading and drop-off parking areas shall be 100. Should both Tract B and
Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be
aggregated.
Document Date: October 14, 2008
Page 13 of21
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1. Hours of Operation Restrictions:
I. Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may be
cxcceded up to 4 times per month for accomrnodation of
special functions.
2. Adult care:
between 6:30 am and 8:30 pm,
3, Non worship use of the facilities:
between 7:30 am and 10:30 pm.
Document Date: October 14,2008
Page 140[21
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EXHIBITD
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.
Document Date: October 14, 2008
Page 16 of21
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
(TRACT A)
I. Deviation #1 seeks relief from LDC Section 6.06.02,A. Sidewalk and Bike Lane Requirements which
requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail
Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress
driveway to Myrtle Road. In lieu of providing the sidewalks along the balance of the abutting right-of-
way, the property owner shall install a parallel row of royal palms on the west side of Trail Boulevard to
match the proposed royal palms within the required landscape buffer fronting Trail Boulevard. The
developer shall also construct one sidewalk extension fi'om the central building campus across Trail
Boulevard to the pavement along US 4] to provide access to an existing bus stop, as conceptually
depicted on the CFPUD Master Plan,
2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made
lakes and water management areas through the use of curvilinear edges; to permit accomplishment of
the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour.
3. Deviation #3 seeks relief from LDC Subsection 4.06,05,D,2.a. which provides that no more than 30% of
the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to lOO%
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 frorn the building to adjacent road pathways at a ratio of one for each
vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on
one side of the drive isle; to permit a reduction to a maximum of five: two (2) to Trail Boulevard, one
(I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street; all as depicted on the CFPUD
Master Plan,
5. Deviation #5 seeks relief from LDC Subsection 4.06.02.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of 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 dcviation 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 rninimum of three (3) feet from the
rear of the right-of-way landscape buffer line.
Document Date: October 14,2008
Pagel7of2!
",,~--"~--'._..~~._~_.-
(TRACT B)
1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
require sidewalks within abutting rights-of-way. The property owner shall make a payrnent in-lieu of
providing sidewalk segments which would otherwise be required.
2, Deviation #2 seeks relief from LDC Subsection 4,06,02.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length
not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere
within the Tract. Should the entire CFPUD acreage be subrnitted 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.
Document Date: October 14,2008
Page 18 of2l
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
1. The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new lake(s) and associated dry water management
areas;
b. the redevelopment of landscape buffers abutting the lake( s) and associated dry water
management areas;
c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of
pavement of the four adjacent roadways to enhance storm water management for these roadway
areas ,
2. The minimum throat length as measured from the roadway edge of payment to the internal parking
area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3. The Church shall provide traffic control by law enforcement or a law enforcement approved service
provider for services and other periods and cvents of significant traffic generation, at location(s) to
be determined and to be based on need; subject to the approval of the Collier County Transportation
Administrator or his designee.
4, The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The
Myrtle Road egress driveway will be restrictcd and signed to a "no left turn" condition.
5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be
constructed concurrently by the property owner with the initial redevelopment phase of
development.
6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire
CFPUD), and the total number of students/individuals eillolled in Child/Adult Day Care / Pre-
KlKindergarten / School, limited to 1st through 3rd, within Tract A shall be limited to 60 persons
(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. At the time of the study, supplemental traffic counts will be taken to determine the
trips originating or leaving the CFPUD through the neighborhood. This supplemental data will be
utilized by the County to determine if additional improvements to minimize impact to the
neighborhood are appropriate and should be required as a condition of approval for the additional
seating capacity of 220 and/or the additional 110 students/individuals.
Document Date: October 14, 2008
Page 19 of21
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(TRACT B)
1. The Church shall provide traffic control by law enforcement or a law enforcement approved service
provider for services and other periods and events of significant traffic generation, at location(s) to
be determined and to be based on need; subject to the approval of the Collier County Transportation
Administrator or his designee.
2. A payment-in-Jieu-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 or Site Development Plan Amendment, as may be applicable, subsequent to the
approval of this CFPUD.
J
Document Date: October 14,2008
Page 20 0[21
ROOF LINE
Exhibit G
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ADJACENT AVERAGE CENTERLINE ROAD ELEVA llON
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GRAPHIC EXAMPLE OF
TRACT A - MAXIMUMS DEPICTED
document date: october 1, 20081 site graphic prepared by:
planning development incorporated: engineers, planners and landscape architects
5133 castello drive suite 21 naples, f10rida 34103/239.263.6934
mfernandez@planningdevelopmentinc.com
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EXHIBIT H
CONDITIONS OF APPRO V AL
October 7, 2008
1, Any plan subrnitted pursuant to this CFPUD shall be in substantial conformance with
the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by
Planning Development Incorporated, consisting of one sheet, dated August 27, 2008,
except as conditioned.
2. Any submitted site development plan (SDP) proposing the expansion of an existing
building shall be accompanied by a survcy depicting the actual square footage of the
building and shall demonstrate that the proposed expansion will not exceed a 20
percent increase in the building's size.
3. The access points located on West Street and Ridge Drive, depicted on Tract B of the
Master Plan, shall close when this tract redevelops.
4. The submitted SDP shall identify the preserve area setback rcquirements.
5, At the time of SDP, the applicant shalIprovide a FLUCFCS map for the vegetated
areas and shall provide a tree count for thc other vegetated areas, such as the pines
around the existing lake.
6. The required re-created preserve shall meet County preserve requirements and shall
recreate the habitat that previously existed on-site (pine flatwoods) and re-create all
three strata; shall not be located in an area requiring ongoing understory clearance or
periodic maintenance for water management; and shall not be located within water
management areas that are being used for watcr qual ity treatment.
7, The folJowing last two sentences of the Preserve Note on the Master Plan shall be
deleted: "The created preserve shall be located north of the proposed lake in the
general area identified on the CFPUD master plan. The (CP) may be located within a
dry water management area provided no water quality is provided within the created
preserve." In addition, in Section II of the CFPUD document, the following language
shall be deleted: "The site location for thc created preserve is a dry water management
area identified on the CFPUD master plan. This location is subject to jurisdictional
agency review and approval."
8. The planting plan shall not be part of the rezone packagc and will bc reviewed at the
time ofSDP.
9. The property owners shall providc, or shall pay the County to provide, a bus shelter at
the existing Collier Area Transit stop locatcd 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, If the property owners choose to build the bus shelter, then this shelter
shall be constructed as part of the first development order.
10. In lieu of providing sidewalks around the perimeter of the site, the property owners
shall provide a sidewalk link frorn Ridge Drive northward to Sand Pine Drive, to
connect the site to the existing commercial uses located north of it. If the BCC
determines that this request is not in the best interest of the community, then by default
the property owners shall be required to comply with the LDC by providing payment
in lieu for all sidewalks along the site's multiple frontages.
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CRAJ~ R. WOODWARD
MARK J. WCX)DWAKD
ANTHONY P. PIRES. JR.
J. CHRISTOPHER loMBARDO
STEVEN V BlOUNT
CARRIE E. L\OEM....N
CARLO F. ZAMI'OGNA
JENNIFER L. DEVRIES
JENNIFER M. TENNEY
(80ardurtific:dRc:alE:i[ale
Attorney)
(Boan! Cenifie<d City. Counly
:rnd Loc.al Government
Attorney)
3200 Tamiami Trail N.
Suire 200
Naples, FL 34103
TEL (239)649,6555
FAX (239)649-7342
www.wpi-legal.com
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WOODWARD, PIRES & LOMBARDO, FA.
Attorneys-At-Law
January 12, 2009
TO: Collier County Planning Commissioners
RE: Heavenly CFPUD; AR-12097
This law firm represents the Pine Ridge Civic Association, Inc. ["Pine
Ridge Association"] with regards to the current Application/Petition and the
proposed PUD document associated with AR-10297, scheduled to be
considered by the Planning Commission at its January 15, 2009 meeting.
The Pine Ridge Association has attempted to work with the
Applicant(s) in order to try to accommodate the Applicant(s) redevelopment
desires while at the same time protecting the integrity of the character of the
Pine Ridge community.
The Pine Ridge community is a well established [over 50 years],
primarily low density, single family community. While it is correct that the
subject property has been used for religious purposes and associated
community purposes for quite a while, the Application proposes to
substantially increase the intensity and scope of the uses and structures. The
Pine Ridge Association is concerned as to whether this proposed increase
and change will be incompatible with the Pine Ridge community and not be
complementary to the surrounding land uses in the Pine Ridge community, as
required by Policy 5.4 of the Future Land Use Element.
The Applicant(s) have apparently decided to utilize the PUD process
as opposed to the Conditional Use process in order to provide greater
flexibility to the Applicant in the future as to the placement of structures and
uses. This flexibility for the Applicant creates uncertainty for the Pine Ridge
Association and the Pine Ridge community. Thus, at the outset, the Pine
Ridge Association, consistent with its previous correspondence and position
has a fundamental objection to the process by which the Applicant(s) propose
to obtain the "base approval" to begin intensifying the uses on their property.
The Pine Ridge Association objects to rezoning the property to a PUD as
opposed to the Applicant(s) requesting incremental, as needed, Conditional
Use approval( s) for various individual new uses and expansion of existing
uses. Such Conditional Use applications should be made closer to the time
that the Applicant(s) will actually be capable of beginning expansion or
redevelopment, and have detailed plans therefor.
- 1 -
While maintaining the foregoing core objection to the pending PUD rezoning application,
if the CCPC is inclined to believe that the proposed CFPUD is the proper land use regulation
"vehicle", the Pine Ridge Association has a number of other reasons why this Petition should be
recommended for denial, in its current iteration, and if not denied, suggests the following
changes:
1. at page 4 of 22, Tract B Permitted Uses, should be "House" not "Houses" of
worship.
2. in the list of uses for both Tracts the Petitioner should detail the proposed
"accessory uses and structures customarily associated with the permitted
principal uses" in order to provide the Pine Ridge Community with a level of
comfort as to the certainty of uses in order to fully comprehend and gauge the
PUD's impacts. The Pine Ridge Association appreciates the prohibition against
"Business and Trade activities", but believes that does not afford adequate
protection against currently unarticulated uses that may be attempted in the
future to be characterized as "accessory uses and structures customarily
associated with the permitted principal uses".
3. at page 6 of 22, in Note (2), the maximum height should be 20 feet and not 30
feet.
4. at page 7 of 22, in Paragraph 4:
(a.) the first three lines should read: "The hedge component of the
continuous perimeter LDC Type 0 landscape buffer abutting
West Street and Myrtle Road (ex1ending to the driveway on
Myrtle Road) shall be...".
(b.) the word "at" at the beginning of (b), (c) and (d) should be
deleted and replaced with "Along".
(c.) the word "minimum" should be inserted before each of the listed
heights.
5. at page 8 of 22 in 8b. [should be (b) for consistency], the words "Covenant
Church" should be deleted and the words "The developer/owner" should be
inserted in the second line; and the word "Church's" should be deleted in the
fourth line.
6. at page 8 of 22 the last sentence of the first full paragraph in "E" should read as
follows [as opposed to what is in the proposed PUD]:
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., or 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.
This same change should also occur to the last sentence of the first full
paragraph in "E" at page 14 of 22.
Additionally, any application for any activity associated with the "relocation" of the
existing lake should be accompanied by a detailed study assessing the impacts
of such proposed activities on the potable drinking wells in Pine Ridge within a
2,000 foot radius.
7. at page 8 of 22 the word "Estates" should be deleted in the phrase "Pine Ridge
Estates"
8. at page 20 of 22, the following should be added:
The property owner(s), will take annual traffic counts at Carica Road and
Goodlette-Frank Road, and at Center Street and Goodlette-Frank Road,
during the first quarter of each calendar year. This data will be utilized by
the County to determine if additional measures to minimize impact to the
residential Pine Ridge neighborhood are appropriate and should be
required to address the uses within the CFPUD. After reviewing such
data, the County has the right, power and authority to require the property
owner(s) within the CFPUD to implement measures to minimize impact to
the residential Pine Ridge community.
9 in the Tract "B" regulations, there should be language prohibiting outdoor music;
requiring that when there is music associated with any activities, that the music
cannot ex1end past 9:00 p.m.; and, that music only be performed and confined to
a fully enclosed building with all of the windows and doors closed, so that it
cannot be heard from outside the building.
10. the documents should clearly state that only those proposed structures depicted
on the Master Plan can be constructed, and that an amendment to the PUD and
the Master Plan will be required if any other structures are desired to be
constructed.
There may also be additional issues and possibly materials raised or presented at the
hearing not only by the Pine Ridge Association, but other residents within the Pine Ridge
community,
We appreciate your consideration of my clients' concerns and issues with this pending
rezoning petition.
Enclosure(s)
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HEAVENLY
COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
EXHmITS A through G
I Document Date: 98to1l8. 11, J.nuarv 9. 2009
Page 1 of22
HEAVENLY
COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
EXHIBIT A
GENERAL:
Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and
applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not limited to final
subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to
which such regulations relate.
(TRACT A)
PERMITTED USES:
No building or structure. or part thereof, shall be erected, altered or used, or land used. in whole or in
part, for other than the following:
A. Principal Uses:
I. HeHseA hous~ of worship with a maximum seating capacity of 1,000 individuals.
B. Accessory Uses:
I. Religious Educational Classrooms and Chorus Rehearsal Room
2. SociallMeeting and Activity Center
3. Administrative Offices
4. Child! Adult Day Care I Pre- K1Kindergarten / 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 realleeated 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. Accessory uses and structures customarily associated with the permitted principal uses and
structures; except that parking garages are prohibited. Business and Trade activities.
includine but not limited to. a "Market". "Communi tv Market". direct marketine outlet or
"Farmers Market". are not accessory uses associated with the oermitted orincioal uses and
structures.
C.CeRditisRaI Uses:
I.ChilElMdelt Day Cllfe ! Pre K!J(,iRlIergarteR I Selleel, limited te 1" tllf8l1gR 3"'t-fef
eflfellfReattserdeg fReTe t-Hae a eyfffttla~i~/e total af 229 5t1:uieRtsli88b'iElullls fer tRe entire
CfPUD. The SflHaFe feetags af aay 8fJIJrs.,e8. eSRaitiasal use BRei] Be iRehuilea -;:ithi9 me
fRaKiRU1Rl aeeesse~' Iise s€j1::lafe feetage af 72J)OO SEJ1:Ulfe feet ~.vitBi8 TF8et }., and 1ft ae 8';SRt
sRall the SEJlIllfe festage af all tRe streetllFeS ';;itRiR the eARre CFPUD eneeetll00,QOO SEJIIIlFe
Feet; eKeeflt BS "FAa:,' 88 QfJ]3rs\'eEl ill item C.2 bel()"l/.
Docwnent Date: 001011..11, Januarv 9. 2009 Page 2 of 22
2. Uj:) 188ft Qaai1isaal 2Q,QQQ St}HaFe feet sf aeeess8F)" HSe( 6 ).
IM:. 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
orooertv owner aoolies for a buildine oermic for the first new oermanent building and +!he
maximum period of use of such temporary building(s) shall be for a oeriod of ~ 27 months,
BY1 iR Be 6":eR1 SHall Be li1ilie8Ei BeyeaEl 9Q days after r:eeei1l1 sf the eeftifisat0 elf eeeY~aRe~'
after the buildine oermit is issued for the first new permanent building. Any such building(s)
shall meet CFPUD setbacks requirements for new structures.
I Document Date: Dntall.. 11, Januarv 9. 2009
Page 3 of 22
(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:
I. Religious Educational Classrooms and Chorus Rehearsal Room
2. SociallMeeting and Activity Center
3. Administrative Offices
4. Child! Adult Day Care / Pre-K1Kindergarten / School, limited to 1 Sl 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. Accessory uses and structures customarily associated with the permitted principal uses and
structures; excepl that parking garages are prohibited. Business and Trade activities,
includine but not limited to. a "Market". "Communitv Market". direct marketine outlet or
"Farmers Market", are not accessorv uses associated with the permitted orincioal uses and
structures.
C.CeHsitiaRal Uses:
l.Ckih:ll:\Ehdt Day Cafe I Pf8 KlKiHderg9.fteA .' Sekael, limited to 151 through 3F4t-fef
eRfel1fft8Rttsef\'iflg mor.e theft a SHAUlls!i,,@! t8~1 ef 229 styaeRtslieai\'itIHals ~r tile 8Rtif8
CFPUD. The sf:}Hare t'eatage sf aay 9fJIU8\'ea seRelitie8al tiEe SHall Be iaslueleel '!::ithia ~e
fflaximHFll aeeessary liSt!! BflH8Fe restage Elf 11.400 sEfl:1are feet widlie Traet R, aaa in He evest
shall tRe sElHar>€! resta.ge of all Ute structtlres witkia the 8atir=e CFPUD 0KseeE.l IOO,9QG 6f:}HBfe
feet; eX88fJt 8S may 138 a}3~re\'eEl as a CSRditi0f1al Use fer Tfaet }...
2.L^,,8 iRerease i8 maniHltJRl seatiag 6BfJRe4ty. Ffl&Kiffll::UB fJ8F1dHg 6fJaees &RS/ef maniFRwm B~l:Iare
f~etage alloeatieR far the keyse(s) of w8FSl=lip.
I Document Date: 081011..11, January 9. 2009
Page 4 of 22
EXHffiIT B
TABLE I (for Tract A)
DEVELOPMENT STANDARDS (for Tract A)
Table I, together with the text which follows below, sets forth the development standards for land uses within
Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). +!Ie
redevelef)fReHt J'lfegram ef tRia CfPUD is Baaed eR a 2S year "mild ellt.
PRINCIPAL USES ACCESSORY AND
CONDITIONAl. YSES
MINIMUM LOT AREA 14:1: acres N/A
MINIMUM LOT WIDTH 538 ft. N/A
MINIMUM YARDS (from right-of-
way line abuttinl!" the nrooertv)
Existing The greater of 30 ft. or the zoned height SPS
of structure
Expanded buildings(5) 50 ft. for expanded portion SPS
New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS
MINIMUM YARDS (between tracts)
I Side TIle greater ef IS ft. 30 ft. er !" !he zeHed SPS
. . "_L
MIN. DISTANCE BETWEEN The greater of 15 ft. or Y2 the sum of the SPS
STRUCTURES zoned buildine heights
MAXIMUM ZONED HEIGHT ~35 ft. 35 ft.
MAXIMUM ACTUAL HEIGHT ~ 50 ft.(l)(2) 5QS-ftYJ
MAXIMUM NUMBER OF STORIES
New 2'3) 2
I Existin"'Exnan,lpij 1 SPS
MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.
MAXIMUM SQUARE FOOTAGE"T
House ofWorship(6) 28,000 sq. ft.
Accessory U ses(7)l2.l 40,000 sq. ft.
C€lR~itioRal Use~, if Rf'flflr:eel 2Q,QQQ slI. ft.
CirculationIMaintenancelStorage 12,000 sq. ft.
PRESERVESETBACKS~ 25 ft. 25 ft.
See referenced notes (1) through (2S) next page.
Document Date: OeteBer 11, Januarv 9.2009
Page 5 of 22
(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 ~J.O feet by non habitable building elements,
singularly or in combination, such as a steeple, cupola, religious symbol or other excluded
height permitted by LDC Subsection 4.02.01.D.l, as may be amended. The maximum combined
square footal!e of such buildine elements shall be 4.000 so. See Exhibit G for Graohic 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. orovided that in no event shall the square footaee of all structures within the boundaries
of the CFPUD exceed 100.000 square feet.
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.
House of worship square footage not utilized shall be available for accessory uses.
The maximum area of an individual room shall be 12,000 square feet.
Listed setback is for all 1l1l11itllllle principal. eeRditisRal IiS8 and accessory structures. Selback
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.
The Child!Adult Day CarelPre-K1Kinderl!artenlSchool use shall be located a minimum of 200
feet from West Street. Ridl!e Drive and MYrtle Road.
(2)
(3)
(4)
(5)
(6)
rn
(8)
(9)
I Document Date: OOlobe. 11, Januarv 9.2009
Page 6 of 22
A. Buffers
I. PeRlReler All oerimeter 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 sRalia tf811S.
Quercus virlliniana. orovided in 65 Gallon containers 14' heieht and are to be Florida #1 or Florida
Fancy. Street trees are to be olanted on 30' center. Quercus virlliniana is to be olanted a minimum
of 10' from the center line of the reauired olantinll bed towards the adiacent ROWand is soecificallv
not to be planted within the reouired 6' wide shrub olantinl! bed soecified below. Trail Blvd. buffer
trees shall be Rovstonia rellia (Rova1 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.
4U!1The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West
Street, eefRHl8aeiFIg seatA sf t1=l8 e1dstiRg hyileiags Eleflietea 08 me ~4a&ter Plaa and 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 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. The hedge row
shall be one of the followine soecies: Clusia lIuttifera. Ficus beniamina 'Winterllreen '. Podocarvus
SOD. 'Maid', Dr. With the approval of the Pine Ridee Architectural Review Board, a suitable s~cies
with the abilitv to remain uniform in a chaneine insolation environment mav be substituted.
(b). At West Street the hedee shall be maintained at 12' exceot that oortion abuttine Tract B which shall
be maintained at 6' .
(c). At Ridee Drive and Mvn1e Road the hedl!e shall be maintained at 6' heil!ht exceot for that oortion
adiacent to MYrtle Road described above which shall be maintained at 12' in heieht.
Cd). At Trail Blvd. the hedlles shall be 2' heillht at time of olantinll and maintained at 3' heillht.
4.Wec4ges "..;imiR tHe JleflfReter laRGtse8~e l3aFfer aleag \1.1861 EtF8& Rat eleserieeEl RBS"@! skalll3e gf~V::H
and ffllHRtaiaeEl at a miRiauJFfl Height of ~ feet.
5. Perimeter sod from reauired hedl!e rows to adiacent edlle of oavement is to be St. Augustine
'Savannah' or 'Floratam'.
6. Maintenance of Perimeter Plantinl!s: hedees are to be maintained so thai thev are uniform and
ooaaue. Hedees must be maintained so that thev are uniforrnlv ooaClue from the eround to the
reouired heieht.
7. Maintenance: Perimeter hedees, trees, and sod. are to be professionallv maintained free of weeds.
and be edeed weeklv. Perimeter beds visible from off-site are to be free of weeds and trash.
8. Irril!ation:
a. Irrieation flood bubblers shall be utilized at the base of everv Ouercus vinziniana 12 reauired]
and Saba! oalmetto f1 reQuiredl. Flood bubblers are to be seoarate1y zoned from adiacent sorav
systems.
Document Date: Q8~Bl:ler Ii, Januarv 9. 2009
Page 7 of 22
b. Perimeter hedges and adiacent sod are to be irrigated with sorav irrigation heads. Rotarv bodies
and heads are soecificallv not allowed in oecimeter areas. Covenant Church shall orovide five
sets of landscaoe and irrigation olans to the Pine Ridee Architectural Review Board for review
and aODroval Drior to Church's SDP submittal to Collier Countv. It is understood that the Pine
Ridge Civic Association may. at its own exoense, retain a orofessional Landscaoe Architect for
the ourooses of ensurinll: soecifications comoliance.
c. Water aualitv: Water used for irrieation of reauired olantines visible from off site must
incoroorate aoorooriate technololl:ies to orevent stainine of Davement or reauired olant materials.
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 [Le. not less than
4.8:1: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 [Le. not less than 6.3:1: 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 3.3:1: acre borrow pit lake, wilieR dellS BElt /Beet CSIIBty develeJ'l/BElBt slltBdllfGG fer lake
efOSS seetisRs, assseiated slspes aRd lillerlli l1!eBBS, shall be reconfigured and relocated as depicted on
the CFPUD Master Plan. The project shall provide the greater of the capacity required by water
management design standards for a 3 day, 25 year storm event, or the capacity of the existing lake.
Capacity may be met, in part. with dry water management areas.
A 88 Elis9Rarge de~dgR saall ee 6Y.talY&ted fer the steFfR ~::ater fRRRagefR6at system .:AliSA meets
eeffifH8reial 188ft yes sta888f86 ana skall he impleffi6ateEl if Hat RtB"Fe 8estly lR&A Ii eeaventiaaal aesiga
and pf€)\'ieeEl it 8885 Hat feEIYiFe HlsdifieatieR ef tHe sHe }318.8 aeaigH.The surface water manaeement
svstem shall be deshmed such that no surface water runoff or discharee is directed towards or into the
Pine Ridge Estates surface water management svstem including adiacent roadside swales to the north,
east and south.
The surface water manaeement svstem shall be a zero discharee svstem or the discharee shall be routed
to the west through existiDl! or new drainaee facilities in Trail Boulevard, Tamiami Trail North (SR-45)
and then ultimatelv to the Gulf of Mexico.
Document Date: 081011.. t 1, Januarv 9. 2009 Page 8 of 22
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 fef
8.ee~taReel of 8f8.iRage from aRe Sf more ahutaRg feac:tsiae swales -;ia eOAfleetieAS 18 the \"/et EleleatieR
0r r.eteatieR system, iR aaaitiaa Ie serviag as the sytiall fer the I3fajeet's af)' \\'8ter ffiQRageJ1=ReHt areas.
comoensatorv water qualitv for the oortion of West Street adiacent to the oroiect.
The West Street roadside swale and one or more abuttinl! roadside swales shall be redesiened to allow
run off from the existine roads adiacent to the oroiect to flow to the outfall route. The outfall route shall
be desiened to acceot these additional flows.
The Pine Ridee Civic Association. Inc.. [its successors and assiens 1 shall be notified in writinl! bv the
apolicant. not less than thirty (30) days l'rior to the submittal of anv aoolication to the Countv or South
Florida Water Manaeement Districl ["SFWMD"] relatinl! to or involvinl! anv of the orooertv within the
CFPUD. of anv orooosed submittal of an aoolication to the Countv or SFWMD. tOl!ether with a coov of
all of the materials prooosed to be submitted to the Countv or SFWMD. Proof of such prior written
notification to the Pine Ridee Civic Association. Inc. shall be orovided to Collier County.
Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code
development standard that permits vehicular overhang to lessen the amount of pavement and therefore
reduce impervious area.
The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or
curb shall be a minimum of 50% pervious.
F. Flat roof prohibition.
Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for
secondary roof areas when hidden from view by the use of articulated architectural elements which
create and provide for an articulated roof line.
G. Project Phasing.
The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment
is likely to be realized over a number of phases which will likely include the retention of one or more
existing buildings and their associated improvements between phases.
H. Preserve.
Document Date: DstaBIF 1~. Januarv 9. 2009
Page 9 of 22
The minimum required native vegetation for this site is 44 native trees for the previously developed
portion of this site and a minimum of an additional 0.12 acres of created preserve (15% of the existing
0.8 acres of native vegetation). The location of the 44 trees is proposed to be within the perimeter
landscape buffer along West Street and Myrtle Road. The site location for the created preserve is a dry
water management area identified on the CFPUD Master Plan. This location is subject to jurisdictional
agency review and approval.
I. Parking Space Requirements and Restrictions.
The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There
shall be no additional parking requirements for the additional uses. The maximum number of vehicular
parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract
A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be
aggregated.
J. Hours of Operation Restrictions:
1. Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may be
exceeded up to 4 times per month for accommodation of
special functions.
2. Adult care:
between 6:30 am and 8:30 pm.
3. Non worship use of the facilities:
between 7:30 am and 10:30 pm.
I Document Date: 0.1000.11, Januarv 9. 2009
Page 10 of 22
TABLE 1 (for Tract B)
DEVELOPMENT STANDARDS (for Tract B)
Table I, together with the text which follows below, sets forth the development standards for land uses
within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those
specified in applicable sections of the LDC in effect as of the date of approval of the site development plan
(SDP). ""- ~. .<.L' .. L ~ ~" . L ~1'"
PRINCIPAL USES ACCESSORY
MlD
CONDITIONf.L
yggs
MINIMUM LOT AREA 1. 9:t acres N/A
MINIMUM LOT WIDTH 236 ft. N/A
MINIMUM YARDS ~ The greater af 3Q (1. Br {Be zaRed heigHt SPS
(fF8IIl right af way) af s tmstHre
MINIMUM Y.YmS (lletweeR h'BetIl)
Front
Existine The erei!ter of 30 ft. or the zoned hei2ht SPS
of structure
Exoanded buildinlZs(7) 50 ft. for exoanded oortion SPS
New structures 50ft. SPS
Side The gRlater sf 15 ft. SPS
ExistinlZ 20 ft. Be 1/1 tHe ~eAeEl hHildiRg keigkt
New structures 30ft.
MIN. DISTANCE BETWEEN The greater of 15 ft. or \12 the sum of the SPS
STRUCTURES zoned building heights
MAXIMUM ZONED HEIGHT 35 ft.'-'-' 35 ft.
MAXIMUM ACTUAL HEIGHT 45M ftY~'" 45M ftY)
MAXIMUM NUMBER OF z<3) 2
STORmS
MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.
MAXIMUM SQUARE FOOTAGE (4'
House ofWorship(5) 5,600 sq. ft.
Accessory Uses aRd !lilY lIflJlre..'ed
CeRc:fitis8s1 UBe~ 12,400 sq. ft.
CirculationIMaintenancelStorage 2,000 sq. ft.
I Document Date: Qalall.r 11, Januarv 9. 2009
Page 11 of 22
See referenced notes (1) through (aID next page.
(1)
Includes the vertical distance between the finished floor elevation and the average center line
eleyation of abutting roads, which is estimated to be between 4 feet and 5 feet.
Maximum actual height may be exceeded by up to ;!G-7 feet by one non habitable building
elements, singularly er iR eemBiRatisR, such as a steeple, cupola, or religious symbol~ er etller
ellelulled Ileight lleFffiitted by 10C SlIBseetieR 4 .(;)2.(;)I.D.I, liS may Be IIffieReed. The maximum
combined SQuare footaQ:e of such buildine elements shall be 2.000 sf.
Exclusive of mezzanines, loft areas and attic or attic storage areas.
Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be
aggregated.
House of worship square footage not utilized shall be available for accessory uses. AR iRereaGe
iR tRe alleeated Rellse €If '....sFSRill sqear-e restllge sRall re"luire Il!lflFEl\'1I1 ef II CeRditieRaI Use
lletitieR.
The maximum square footage of any individual room shall be less than the square footage of the
house of worship.
Exoansions which add SQuare footaee to anv existinQ: individua1.buildine are limited to
cumulative maximum of 20% of the buildinQ:'s SQuare footaQ:e as of the date of PUD aoprovaL A
siQ:ned and sealed survev of the existine buildine(s) orooosed for exoans)on and an additional
exhibit oreoared bv and siQ:ned and sealed by a orofessional eni!:ineer who deoicts the oroDOsed
and all orior exoansions since the date of PUD aooroval. shall be submitted with the associated
SDPA and buildine oermit aoolications.
If Tract B and Tract A are owned or controlled or develooed bv the same oerson or entity, then
the "Table I (for Tract A) "DEVELOPMENT STANDARDS" shall be utilized for all orooertv
within the CFPUD , includine Tract B.
If Tract B and Tract A are owned or controlled or deve100ed bv the same oerson or entitv. there
will be no direct access to or from West Street.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
l2)
I Document Date: Oetebe. 11, JanuaTV 9. 2009
Page 12 of 22
A. Buffers
1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently
with the redevelopment improvements in their proximity. All rieht-of-wav oerimeter 1andscaoe
buffers shall be installed with the first SDP for a new oermanent bui1dine on Tract B.
2. All required buffer trees along Ridge Drive and West Street shall be shade trees.
3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and
maintained to a minimum height of 4-6 feet,~ and, Is a ReigRt sf 5 feet wileR net aIlllltiRg a vel1ielllar
JlllfieRglel.
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 dislllaeement reconstruction. reolacement 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:tacres] 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 [Le. not less than 6.3:t 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.
I Document Date: QstBIHJf 11. Januarv 9. 2009
Page 13 of 22
E. Water Management
The existing 3.3:t acre borrow pit lake, "I:Riell dees oet meet COlloty de':elellmeot slWldaFEis fer lake
eress seetieos, Ilsseeiated slelles aod Ihteral :woes, shall be reconfigured and relocated as depicted on
the CFPUD Master Plan. The project shall provide the greater of the capacity required by water
management design standards for a 3 day, 25 year storm event, or the capacity of the existing lake.
Capacity may be met, in part, with dry water management areas.
.A. Be diseharge ElesigR saall I;)e evahtatea for the stefffi OJ/mer mtlRageffi6Rt system wkieh meets
eeFRfHereiallaH8 tlse staRaards aRe shall he ilRflemeatea jf Bet fRer-e eastly tRan a eas"/8ntieH81 desigR
aRa IUS"..idea it sees HBt FeflHiFe fflsElifisatieR of the site 131M aesiga.
The surface water manal!ement svstem shall be designed such that no surface water runoff or discharee
is directed towards or into the Pine Ridl!e Estates surface water manaeement system includine adiacent
roadside swales to the north. east and south.
The surface water manal!ement svstem shall be a zero discharee svs1em or the discharl!e shall be routed
to the west throueh existinl! or new drainage facilities in Trail Boulevard. Tamiami Trail North (SR-45)
and then Pelican Bay ultimately to the Gulf of Mexico.
Water management areas required for the existing facilities that are to remain, including those within
Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be
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 wi!en Tract B is redeveloped.
Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water
management system shall at a minimum provide for the following noncumulative development
standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious
area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the 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 fef
aceeptanee af elraiAage ffefR eRe er male oouttiRg f08.8Siae s",,-/ales via eORReetisas is the ":let deteRtiofl
at FeteRtieR system, ia aatiitiea 18 S6fYiRg as tMB SHiraH f<lr the prejeet's Sty "xater ffiaaagemeRt 8fe8S.
comoensatory water auality for the oortion of West Street adiacent to the oroiect.
The West Street roadside swale and one or more abutting roadside swales shall be redesi2ned to allow
run off from the existine roads adiacent to the oroiect to flow to the outfall route. The outfall route shall
be desi2ned to acceot these additional slows.
The Pine Ridee Civic Association. Inc.. fits successors and assi2ns] shall be notified in writin~ bv the
aoolicant. not less than thirty (30) davs prior to the submittal of any aoolication to the South Aorida
Water Manaeement Distric1 r"SFWMD"] relatine to or involvine anv of the orooerty within the
CFPUD. of anv orooosed submittal of an aoolication to SFWMD, toeether with a CODY of all of the
materials orooosed to be submitted to SFWMD. Proof of such orior written notification to the Pine
Ridl!e Civic Association. Inc. shall be orovided to Collier Countv.
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.
Document Date: Oetee9t 11, January 9. 2009
Page 14 of 22
F. FIat roof prohibition.
Flat roofs may not be utilized as a primary or principal roof component. FIat 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 parldng intensity of the combined Tracts shall be
aggregated.
I. Hours of Operation Restrictions:
), Child care and School:
between 6:30 am and 6:30 pm, Monday through Friday; for
operational hours. Normal operational hours may exceed 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.
4. Worshio
between 6:30 a.m. and 10:30 a.m. Normal operational
hours mav be exceeded UD to 2 times Der month for
accommodation of sDecial functions.
I Document Date: get9Bsr 11, Januarv 9. 2009
Page 15 of 22
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EXHIBIT D
LEGAL DESCRIPI'ION
(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.
I Document Date: gBt9B8f 11, Januarv 9.2009
Page 17 of 22
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. In lieu of providing the sidewalks along the balance of the abutting right-of-
way, the property owner shall install a parallel row of royal palms on the west side of Trail Bouleyard to
match the proposed royal palms within the required landscape buffer fronting Trail Boulevard. The
developer shall also construct one sidewalk extension from the central building campus across Trail
Boulevard to the pavement along US 41 to provide access to an existing bus stop. as conceptually
depicted on the CFPUD Master Plan.
2. Deviation #2 seeks relief from LDC Subsection 4Jl6.05.N. which requires naturalization of man made
lakes and water management areas through the use of curvilinear edges; to permit accomplishment of
the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour.
3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of
the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100%
utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of
the required perimeter buffer trees for Tracts A and B; and. that the palms utilized are Royal Palms; and,
that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade
trees.
4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway
connections must be provided from the building to adjacent road pathways at a ratio of one for each
vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on
one side of the drive isle; to permit a reduction to a maximum of five: two (2) to Trail Boulevard, one
(I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street; all as depicted on the CFPUD
Master Plan.
5. Deviation #5 seeks relief from LDC Subsection 4.06.01.A 10 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 wal110caled a minimum of three (3) feet from the
rear of the right-of-way landscape buffer line.
I Document Date: Oet.lIe. 11, Januarv 9.2009
Page 18 of 22
(TRACT B)
1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which
require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of
providing sidewalk segments which would otherwise be required orior to the issuance of the first SDP
for a new oermanent buildine.
2. Deviation #2 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between
Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for thaI length
not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere
wi1hin the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the
buffer would not be required and therefore this deyiation 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 waUlocated a minimum of three (3) feet from the
rear of the right-of-way landscape buffer line.
I Document Date: Qeta\:rBr 11, Januarv 9. 2009
Page 19 of 22
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
(TRACT A)
1. The initial redevelopment SDP for Tract A shall include:
a. the replacement of the existing lake with a new 1ake(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 CFPUO boundary and edge of
pavement of the four adj acent 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, Wes1 Street and Ridge Drive; and, 75 feet for
driveways from Trail Boulevard.
3.The Cl:uusl:t skall 13r.e\'ide watNe seRifel BY la':: eRFer-eemeAt €If a ]8":1 0R~feefHeRt ~fJf8veEl S8FViee
I'Fe-;ieler fer S8R'iees BRa ether fleriaEls QRc! e-/8Rls ef eigRifieaflt traffie g8R8f8tisR, at leeetisa(s) ts
ee deteADiaed BRei 10 ~e eased OR fleed; Sl:ll3jeet tEl tke 8lifJFevsl €If the Callier CSt:lBty Tfft85fJl3FtatioA
:\afRiRistraler af his t1esigHee.
3. For services and other oeriods and events of sienificant traffic eeneration. as determined bv Collier
Countv staff. traffic control bv law enforcement or a law enforcement aooroved service orovider
shall be as directed bv Collier County staff. with staffine and at location( s) as directed bv the Collier
Countv Transoortation Administrator or his desif!nee.
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. A violation
of these turn restrictions constitutes a violation of County Ordinances for which the Sheriff's Office
mav issue citations. 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!Adu1t Day Care / Pre-
K1Kindergarten / School, limited to 1" through 3'd, within Tract A shall be limited to 60 persons
unless the Tract B owner aerees to reallocate all or a portion of its allocation to Tract A (110 for the
entire CFPUD), until US 41 turo 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 Ridee Drive and West
Document Date: getel'ler 14, Januarv 9.2009 Page 20 of 22
Street. One vear after the seatinl! caoacitv of 980 for the entire CFPUD and the 110 oerson
Child!Adult Dav CarelPre-KlKinderearten/Schoollimited to I Sl throueh 3rd for the entire CFPUD is
reached, a At tRe time sf tile 6lHdy, supplemental traffic eSlIRts studv will be ~one to determine
the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this
suoolemental traffic studv will be taken durin!! the first quarter of a calendar vear to more accuratelv
oortrav oeak season loadinl! and will include traffic counts at Ridee Drive and West Street and
MYrtle Road and West Street. 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 existine uses and as a condition of approval for the additional seating
capacity of 220 and!or the additional 110 students/individuals.
(TRACT B)
l.Tke Cluuek shall ~fe~/iae tf8ffis seRtrel by law:: oo.fofeemeat Bf a l&\~: eAf{Jfooment RfJpnT:ed ser';iee
fJfeaJider far ssr-,jees BAd ether (3eAe8S aRa e-;eats sf sigaifieaRt trat:f.ie gea8f8aeR, at leeatieR(s) te
1ge EletemliRed af.u:l 18 I;te eRsee eN ReeEl; 6aBjeet 18 tAB RfJI'reyal sf tlte Callier CeliRi)' TFBR8~8FlBtieR
.~.dFRiHi6tfater Sf kis 8esigRse.
I. For services and other oeriods and events of sienificaJ)t traffic !!eneration. as determined bv Collier
Countv staff. traffic control bv law enforcement or a law enforcement aooroved service orovider
shall be as directed bv Collier Countv staff, with staffine and at location! s) as directed bv the Collier
County Transoortation administrator or his desienee
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 oermanent buildin!! on Tract B..ar Site De','ele!llfleRt PI8R .^,meR9fl1eRt,
as !Ray ee a13!llieaIl1e, sllllsetJlIeRt 18 tile lljl!lf8'/a1 sf this CFPUD.
I Document Dale: Oeteb.. 11, Januarv 9.2009
Page 21 of22
EXHIBIT G
JOB CODE: HCFPUD
SCALE: \.-30'
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Adjacent AVCfIllC Centerline Road Elcvlllion
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Permitted ExclUliona Limited.
to 4,000 s.f. Maximum
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Rear Elevation
DATE; 12.2.01
FILENAME: exbibit 0
Roof Line
MW Po;.! .fRoof 1
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Q. GRAOY MINOR & ASSOCtA lES, P.A.
avLl!M\lNllEllII_I"UIDSUlYlMll& o1'l.ANlill!Mot.\ND9C\l'!A1Cfllla.,.,.
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AGENDA ITEM TITLE: Ij~ p~V
PLEASE PRINT CLEARLY
AGENDA ITEM NUMBER: 9 A
O~CE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: /~eYf- AJler;~~ ADDRESS: Cj2LJO k~t4S/pt"k/] I/~tf. sf. M-1J!12(
A J U ~0
OTHER:
REPRESENTING: PETITIONER:
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUI~DING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
PLEASE PRINT CLEARLY
,A
AGENDA ITEM NUMBER: ~t/ LJZ - 2a:> 7
/l/?- 120'17
AGENDA ITEM TITLE: Lbl/E/VA/VT ;fi{3/S'17D?/,4 N &t-,//;'C~
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEr HEARD. _.
NAME: /'L.?,ctllZtJ /1 [:..I/Ad;7~F7Z ADDRESS: 23 L . '/R-v A1l~L&3 // :$'/10:;;
REPRESENTING: PETITIONER: OTHER: M ~'1_ /? c! #1 /Gl.'72a~.(
oN712v L t/J'r1.n-?/ T71~Z:.
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL lOBBYISTS SHALL, BEFORE ENGAGING IN ANY lOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUilDING, 3301 EAST TAMIAMI TRAil, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
~ /1JD
.
AGENDA ITEM NUMBER: ~ 91)
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
N.." Gt?oR4E B~ddAJte AD....,,, /~. &UU ~ ~ 3I(bY
/ ~-~~
REPRESENTING: PETITIONER: OTHER: I ~ .
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUilDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
r
AGENDA ITEM TITLE:
pvpz. -'p(ov1-1Jr1... -/...('o<j7
AGENDA ITEM NUMBER: cr -A
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME:
,"
;6,E/-l )C/,A/&
ADDRESS:
ub /11 Y;f. 7i~
I
OTHER:
d.tJ
/f/ /J/& ~ J'
/
REPRESENTING: PETITIONER:
COLLIER COUNTY ORDINANCE No, 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
M l/e.JoJ<"_ /1 7t/'P
AGENDA ITEM NUMBER:
ell!
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: ;1 //; ..
-
J '" VI""5
ADDRESS: {, g (, 0
/01/ ,;] I./d
REPRESENTING: PETITIONER:
~'C> J ,)
OTHER: llNtf 7?'d'l"" ('oJiC,fJ':"C'C
COLLIER COUNTY ORDINANCE No, 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
AGENDA ITEM TITLE:
C~IIG/IIANT
erA
P;2i;" S.F~Y7~/fJjCJd I~~MNUMBER: !'u/) 2:.- 200?
PLEASE PRINT CLEARLY It e - J;J." 0 ? 7
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: -:J~iL~ h SIfE K ADDRESS: 6;;1 {- R I fJ G E f} t2
REPRESENTING: PETITIONER: OTHER: ") E:.LF
; /\jlf~LE5/~L
, 3tf,tJJ'
COLLIER COUNTY ORDINANCE No, 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
1'---'--- --.----. ----.. . --. -
AGENDAITEMTITlE:--h~I1\Vl.,'I\ I~ P u l)
AGENDA ITEM NUMBER: q- A-
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE lEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
~AME: :)r;)~ ]U XU
REPRESENTING: PETITIONER: 1
ADDRESS:
Ill! WL-:,t
~
~'t" ;V"'P/-l5, Pi- 37'/Og
/ .
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR.
L
AGENDA ITEM TITLE:
AGENDA ITEM NUMBER:
PLEASE PRINT CLEARLY
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD.
NAME: pnL !t9iJR ADDRESS: 'Jh'/o J 1)(~C;+'l)il.-& LDIYC5-6? bl.-vt?
REPRESENTING: PETITIONER:
OTHER:
COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
~~~~g~~~' ~~:U~~~ ~~~T~~~g~~~~~Ep~S~~~;~~ ~~~~~g~ CWOUHNTY COMTMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT
, ,. ARMON URNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL.
You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR.
AGENDA ITEM 9-B
Co~r County
~ ~~ _ Ad
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: JANUARY 15,2009
SUBJECT:
VA-2008-AR-13756, PLANTATION ISLAND VARIANCE
PROPERTY OWNER/AGENT:
Owner: Lee Wyatt
2370 Snook Drive
Naples, FL 34102
Agent: Lauren Barber
Turrell, Hall and Associates
3584 Exchange Avenue, Suite B
Naples, FL 34104
REOUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider a nine-foot front yard setback
Variance for a principal structure in the Mobile Home (MH) Zoning District, from 25 feet as
required by Land Development Code (LDC) Section 4.02.01, Setbacks for Base Zoning Districts,
to 16 feet; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection
9.04.02.B.1, Variances for Site Alterations within the Plantation Island... Subdivisions.
GEOGRAPHIC LOCATION:
The approximately 0.14-acre subject property is located east of Everglades City, south of
Plantation Drive, on Lot 77, Otter Avenue, in Section 24, Township 53 South, Range 29 East,
Plantation Island, Florida (see location map on the following page).
PURPOSEIDESCRIPTION OF REOUEST:
The applicant is requesting two proposed Variances to permit the construction of an approximately
1,832 square-foot, stilt mobile home. Although the subject parcel was largely cleared in 1971,
approximately 1,721 square feet of mangroves exist along its eastern and northeastern boundaries.
In order to erect the prefabricated structure on the site, as depicted in the Master Plan entitled,
"Wyatt Property Site Map" by Turrell, Hall and Associates, Inc., dated February 27, 2007 as
revised through September 19, 2007, approximately 139 square-feet of these mangroves would
need to be removed from the northeastern portion of the property; and to lessen the structure's
v A-2008-AR-13756
Page1of7
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SURROUNDING LAND USE & ZONING:
North:
East:
South:
West:
Vacant land; zoned MH-ACSC/ST
Canal, then vacant land; zoned MH-ACSC/ST
Vacant land; zoned MH-ACSC/ST
Otter Avenue, then vacant land; zoned MH-ACSC/ST
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): As noted, the subject property is in Plantation Island, which is
designated Urban, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map
of the GMP. The GMP does not address individual Variance requests but focuses on the larger
issue of the actual use. As residential uses are an authorized use in this land use designation, the
proposed mobile home use on the site is consistent with the Subdistrict and, therefore, deemed
consistent with the GMP.
ANALYSIS:
Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant
Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A.
through H., in bold font below, as general guidelines to assist in making a recommendation of
approval or denial. Staff has analyzed this petition relative to these provisions, and offers the
following:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The subject property is located in a platted mobile home subdivision in Plantation
Island, which is an area characterized by mangrove forests. As previously noted, the
proposed mobile home is a prefabricated structure, and as such, cannot have its 64 x 28-foot
dimensions simply altered as a non-prefabricated home could. Consequently, the applicant is
restricted by both the dimensions of his lot and the dimensions of his mobile home unit.
Therefore, he is requesting that a portion of the site containing mangroves be altered, and
that the front yard setback requirement be reduced in order to accommodate the structure.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which is the
subject ofthe Variance request?
Yes. Although a plat has never been recorded, according to a Property Appraiser's records,
the parcels in the neighborhood were created in 1970. Nevertheless, the creation of the
subject parcel, and its purchase by the applicant in 1987, predate the adoption of the
County's Area of Critical State Concern (ACSC) and Special Treatment (ST) area design
standards, which prevent the applicant from removing the 139 square-feet of mangrove trees
necessary to accommodate his mobile home on the site. Therefore, the conditions requiring
this Variance request are pre-existing.
VA-2008-AR-13756
Page 3 of 7
it without a Variance. Additionally, the applicant is requesting to impact only a small, 139
square- foot area which, as noted on the site plan, would be replaced by a 140 square- foot re-
planted area in the southeastern portion of the site, as required by the Department of
Environmental Protection. Finally, as depicted in Appendix 1, the requested 16-foot front
yard setback would be consistent with existing front yard setbacks in the neighborhood.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes, according to the applicant's environmental consultant, the quality of the mangroves
existing on the site is degraded.
Rear of the site, looking west,
where the elevated walkway to
the proposed dock would be
located..
View of the property from Otter
Avenue, looking west.
Mangroves are shown
in the background.. Australian
pine and Brazilian pepper are
visible in the foreground..
V A-2008-AR-13756
Page 5of7
PREPARED BY:
JO~D ~CIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
/1 >,r.)
RA YM D V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~'--rh.~
SDSAN MURRAY -ISTENES, AICP, DIRECTOR
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
kVl HEI I A HTON-CICKO
\, ASS ~NT COUNTY ATTORNEY
APPROVED BY:
1~/(-dO?
DATE
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DATE
JCJ. -/q-o~
DATE
1'2-/Z;.(U'r
'DATE
/.2/.2<!J~ r
K. SCHMITT, ADMINISTRA TOR ATE
UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
MARK P. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the February 24, 2009 Board of County Commissioners Meeting.
V A-2008-AR-13756
Page 7 of7
RESOLUTION NO. 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER V A-2008-AR-13756, GRANTING TWO
VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION
4.02.01.A, TABLE 2.1 (FRONT YARD SETBACKS), AND THE
SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE
LAND DEVELOPMENT CODE (MANGROVE TREES), ON
PROPERTY HEREINAFTER DESCRIBED IN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to estab !ish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner has requested a front yard setback variance from subsection
4.02.01.A, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9-foot variance), pursuant to
LDC Section 9.04.00, for construction of a single-family stilt home; and
WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the
LDC, pursuant to subsection 9.04.02.B.1 thereof, to allow dredging and filling of, and related
impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation
Island Subdivision (umecorded), utilizing the procedure set forth in section 9.04.03 of the LDC;
and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
Page 1 of3
This Resolution adopted after motion, second and majority vote, this
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
~
JeffE. Wright
Assistant County Attorney
Exhibit A (attached): Site Plan
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Page30f3
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