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CCPC Backup 02/19/2009 R CCPC REGULAR MEETING BACKUP DOCUMENTS FEBRUARY 19, 2009 COURT REPORTER AGENDA Revised COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 19,2009, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 330 I T AMIAMI 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 APPROPRJATE COUNTY STAFF A MINJMUM 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 AVAILABLE fOR PRESENTAflON 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - JANUARY 15,2009, REGULAR MEETING; JANUARY 16, GMP MEETING; JANUARY 20, GMP MEETING 6. BCC REPORT- RECAPS . JANUARY 13,2009, REGULAR MEETING; JANUARY 27, 2009, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: SV-2008-AR-13618, CHM Naples Hotel Partners, LLC, is requesting three sign variances to allow two wall signs for Spring Hill Suites, and one directional monument sign to serve as both an 00- premises sign for Spring Hill Suites and an off-premises sign for Fairfield Inn. The first variance is from Section 5.06.04.CA. of the Land Development Code (LDC), which requires that one wall sign shall be pennitted for each single-occupancy parcel, to allow two wall signs. The second variance is from Section 5.06.04.C.16.b.i. of the LDC, which allows a maximum sign area of 12 square feet for an ot1Cpremise directi~nal sign, to allow a 35.5::1:: square foot off-premise sign. The third variance is from Section 5.06.04.C.16.b.ii. of the LDC, which allows a maximum sign height of8 feet above the lowest center grade of the arterial roadway for an off-premise directional sib'll, to allow a maximum sign height of 12 feet. The subject property is located at 3798 White Lake Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) 1 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2007-AR:12097. The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., arc requesting a rezone from the Residential Single-family' (RSF-l) Zoning District to the Community Facilities Planned Unit Development (CFPLJD) Zoning District for a project to be known as Heavenly eFPUn, which \vould memorialize the existing church uses and would permit redevelopment consistent \vith a master site plan to a maximum of 80,000 square feet of house of worship including children and adult day carcs. a Pre-K through 3"j grade school. and various accessory uses for Tract A; and an additional 20,000 square feet of house of \\'orship including children and adult day cares. ?re-K through 3rt] grade school and accessory uses for Tract B. The IS.93-acre subject property is located at 6926 Trail Boulevard. and comprises the entire hlock bounded by' Ridge Drive. West Street Myrtle Road and Trail Boulevard in Section 3, Township 49 South. Range 25 East of Collier County, Florida. (Coordinator: Juhn- David Moss, AICP) CONTINUED FROM I 15/09 B. Petition: SV-2008-AR-J3664, Port of thc Islands Community Improvement District, represented by Robert L. Duane, AIC? of Hole Montes. Inc., is requesting three (3) Sign Variances, The first variance is frolll Land Development Code (LDe) Subsection 5,06,04 C 16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allmv a 32 -+- square foot off-premise sign. The second variance is from LDC Subsection 5,06,04 C.16.b.v. which requires a sign to be located within 1,000 lineal feet of the intersection of the road serving the use to allow greater distances of up to 6,000 lineal feet for up to lOuses. The third sign variance is from LDC Subsection 5,06.04 C. I 6.c which requires a sign to be located no closer than 50 feet frolll a residentially zoned district to allmv a lesser distance of 23 feet. The subject property is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East. Collier County. r:lorida. (Coordinator. Nancy Ciundlach, AICP) C. PetitIOn ~V-2008-AR- I 366'), Port of the Islands Community Improvement ()istrictl represented by Robert L Duane, AIC?, of Hole Montes. Inc. is requesting a Sign Variance from LDC Subsection 5.06.04 CI6.b.i. which allows a maximum sign area of I~ square feet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject propeny is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drh'(' in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) D, PetJtlon SV-2008-AJS-13960, Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Ilole Montes, Inc., is requesting a Sign Variance from LDC Subsection 5.06.04 C. I 6.b.i., which allows a maximum sign area of I ~ square feet, to allmv an IS-square foot off-premise sign at the Port of the Islands in the median of Cay"s Drive (south of U. S. 41) 18 S.F, in area "vith sign copy and logo designation the Port ofthl' Islands Cay's Drive. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U. S. .H) and Cay1s ()rive in Section 9, Township 52 South, Range 28 East Collier County', Florida. (Coordinator: Nancy Gundlach, AICP) F f.etition: CU-20QJt-AR-I)9.~_L Ct.'lIter Point Community Church, represented by Matthew McLean, P.E., of Agnoli, Barber and Brundage and Doug Lev.'is. Esq.. of Roevel and Andress, is requesting a Conditional Use in the Estates (E) Zoning Oistrict for a t.'hurchl as specified in Section 2.03.01.8. I .c.1 of the Collier County l.and Development Code (LDC) The 4.58-<l[re subject property is locatcd at 6590 Golden Gate Parkway. in Section 30, Township 49 South. Range 26 East. Collier County_ Florida, (Coordinator: John- David Moss, AICP) F. Petition: ST-2008-~B-1395R. North NapIcs Firc Control District is requesting a Special Treatment (ST) Penn it to impact ST area 13F in order to develop the site for a fire station. The subject property is located 011 east side of Livingston Road, approximately 1.5 miles north of the intersection of Immokalee Road and Livingston Road and approximately . 7~ miles south of the intersection of Livingston Road and Veteran's Memorial Boulevard, located in Section 13, Township 4S South, Rangc 25 East, Collier County., 1:lorida. (Coordinator: Summcr Araque. Engineering and Environmental Services Department) / 10. OLD BUSINESS A. LDC Sign Code revisions as part of the settlement agreement for Bonita Media Enters., LLC v. Collier County Enforcement Board. An 8-10 minute PowerPoint presentation to review salient points of revisions and answer any questions that Commissioners may have. In addition, copies of the final draft (comprised of minor modifications) will be provided for the CCPC to review prior to the LDC Sign Code Revisions Public Hearing on Monday, March 2. 2009. 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 2/19/09 cepe AgendalRB/sp 3 ,,~..,.,----,._.__._,-_. AGENDA ITEM 8-A RESOLUTION NO. 09- -- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13618, GRANTING THREE VARIANCES FROM SECTION 5.0604.C OF THE LAND DEVELOPMENT CODE, CONCERNING A SECOND WALL SIGN FOR SPRING HILL SUITES AND A SHARED DIRECTIONAL SIGN FOR SPRING HILL SUITES AND FAIRFIELD INN, WHICH SIGNS ARE LOCATED AT 3798 WHITE LAKE BOULEVARD, LOT 16, CITY GATE COMMERCE CENfER, PHASE ONE, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 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 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the !,'Tanting of variances; and WHEREAS, CHM Naples Hotel Partners, LLC (Petitioner) is constructing a Spring Hill Suites hotel in close proximity to 1-75; and WHEREAS, Petitioner requests to be allowed to install a second wall sign on the south side elevation of its building which faces 1-75; and WHEREAS, the adjacent property to the north is owned by CHM Naples II Hotel Partners, LLC, upon whose property a Fairfield Inn hotel is to be constructed; and WHEREAS, Petitioner requests to construct a 12 foot high monument sign to be located at the street entrance to its property, and to allow the neighboring business, Fairfield Inn, to share the same sign, which would result in the sign being on-premises as to Spring Hill Suites and off-premises as to Fairfield Inn; and REV. 2/5/09 Page I WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting three sign variances as follows: I. A variance from Subsection 5.06.04.C.4. of the LDC which requires that one wall sign shall be permitted for each single-occupancy parcel, to allow two wall signs, and 2. A variance from Subsection 5.06.04.C.16.b.i. of the LDC which allows a maximum sign area of 12 square feet for an off-premise dircctional sign, to allow a 35.5 square-foot shared sign which shall bc off-prcmisc as to Fairfield Iml and on-premise as to Spring Hill Suitcs, and 3. A variance from Subscction 5.06.04.C.16.b.ii. of the LDC which allows a maximum sign height of 8 fect in height above the lowcst centcr grade of the artcrial roadway for an off-premise directional sign, to allow a maximum sign height of 12 fect for a shared sign which shall be off-prcmise as to Fairfield Inn and on-premise as to Spring Hill Suites, as shown on the sign drawings attachcd as Exhibit "A" and incorporated herein by reference, in the City Gate Commerce Park Planned Unit Development for the property described herein; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been madc concerning all applicable matters required by thc Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hcrcby approves the afore-described REV. 2/5/09 Page 2 variances from the LDC to allow the construction of a second wall sign and a shared directional hotel sign as depicted in Exhibit A, as requested in Petition SV-2008-AR-136l8, filed by the Petitioner, CHM Naples Hotel Partners, LLC, d/b/a Spring Hill Suites, concerning the subject property described as: Lot 16 as described in the Plat of City Gate Commerce Center, Phase One, as recorded in Plat Book 41, Page 6 and 7, of the Public Records of Collier County, Florida, which parcel is located at 3798 White Lake Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-136l8 be recorded in the minutes ofthis 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 form and legal sufficiency: .Itr<l..,\ Y' ,0 }'\\ Heidi Ashton-Cicko Assistant County Attorney 08.CPS-00883/J 8 REV. 2/5/09 Page 3 f-' LL cj (fJ N en " W (') i'" o o LL W a: <t OJ o (fJ o w x o aJ z o >= (L o z o ~ > W -' w I f-- OJ o (fJ ;' ~ "r ";' N co tJ'J u.I I- - ::> V"i_ -.1- -.I~ -.... ~T :; ~U~ z - ez=:: Q.. V"l , CD :::: ~. 6- , '" '" ~ 1); , }j> .1 5' o " Ji I r I.~'~'.:: '~~"' "k ,:.l~ . ,r; .,.1" II, ~ '" EXHIBIT A Paae 1 of 3 ~ ~ 0 ~ ~ 0 N 0 0 0 ~ 0 ~ ~ z . ~ ~ w ~ ~ ~ ~~ ~ ~r:i ~ ~I ~ ~~ · ::ii ~~ ~ ~. c>" I.... 0 : ~ ~ z X 'E E w > - - "-eE 5i .i i ~ -~ ., - , s" , I Ol ;' I [] <t ~~ 0 H OJ ~ @J ~ ~ LL l'! 0 . - ~ E ~ !~ X jC. d -' f~ 0 0 *~ co ~ -' 0 " :q "' co ~ :2 ~ -' . 0 ~ . ro ~ ~ CD 'f 2. " co co 0 E CD .. co . CD 20 z " . 2 " ii: (fJ w t:: -' OJ (fJ LL -' (fJ -' W I -' (') (L <t Z Z a: (L ~ (fJ C E 0 0 ~ ;;; u , 0 u ~ CD ~ ~ "" "? 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EXHIBIT A Paoe 3 of ::\ 1.1....IM.lJ ~ w ~ ~ ~ ~ ~ w ~ m z w. ~I AGENDA ITEM 9-A ~ Co~r County - -,--'-' SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY IS, 2009; CONTINUED TO FEBRUARY 19,2009 RE: PETITION: PUDZ-2007-AR-I2097, HEAVENLY COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) This item was most recently scheduled for the Collier County Planning Commission's (CCPC) January IS, 2009 public hearing. However, at that hearing, the proposed PUD document underwent multiple revisions on the floor and, therefore, was continued by the CCPC so that a thorough review of the revised document could be carried out by staff and a second presentation made to the CCPC on February 19, 2009. It was the applicants' intention to utilize the additional time gained from the continuance to resolve any remaining issues with the surrounding community. However, by the writing of this supplemental staff report, January 27, 2009, the applicant was only able to provide staff with a version of the CFPUD document that had not yet been reviewed by Mr. Tony Pires, the attorney representing one of the various neighborhood coalitions. Nevertheless, staff is generally satisfied that the proposed changes to the CFPUD document made by the applicant reflect those agreed upon at the January 15th CCPC meeting; and has incorporated stipulations into Exhibit I, "Conditions of Approval," where staff considered minor changes necessary. The CFPUD document showing all of the modifications since the January IS, 2009 public hearing has been attached to this report in strike-though and underline format. The Department of Zoning and Land Development Review staffs previous recommendation remains the same as that noted in the original staff report dated November 6, 2008. As such, staff recommends that the CCPC forward PUDZ-2007-AR-I2097 to the Board of County Commissioners with a recommendation of approval, subject to stipulations contained in the Exhibit I, dated January 27, 2009, which are attached to the ordinance. Appendix 1: Letter of Objection , ,. PREPARED BY: Ctd. r7\' 0 ~ 1/J-7/0; JOH,a;;,;jji ~CP, PRINCIPAL PLANNER DA TE ' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: tJr"d A-Uo H IDI ASHTON-CICKO ASSISTANT COUNTY ATTORNEY d- / 3/0C) DATE /lz6/01 RA YM D BELLOWS, ZONING MANAGER ; DA TE DEPART ENT OF ZONING AND LAND DEVELOPMENT REVIEW ~'-rn./s~ Su5AN M. ISTENES, AlCP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW r/z-<]Ior; DAtE APPROVED BY: ~/:z./o'1 EPH K. SCHMITT, ADM ISTRATOR 'DATE MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the March 24, 2009 Board of County Commissioners Meeting PUDZ-2007-AR-12097, HEA VENLY CFPUD Joseph Bandy 603 West Street Naples, FL 34108 January 22, 2009 Collier County Planning Commission 3301 E. Tamiami Trail-Bldg F Naples, FL 34112 Attention: Chairman RE: Heavenly MPUD-Covenant Presbyterian Church of Naples Dear Chairman: We are very concerned with the subject development since we live directly across the street from "Section B" which is now owned by the "Bank" and is rented out to "Iglesia De Cristo", a Spanish Church. I would like to advise you that there is loud music going on until 11 :OOpm, 11 :30pm and up to midnight. The music is so loud that even with their windows and doors closed, we hear it. After the loud music stops, the people come outside and talk and scream loud which lasts for a half hour or so. Then it's the car lights and honking as they leave the parking lot. The car lights shine directly to our master bedroom. This loud music happens several nights per week. We cannot sleep anymore. The noise, traffic and car lights are destroying our quiet neighborhood and our quality oflife. We bought our house in Pine Ridge Estates primarily for the quiet, serene and countrified area. The church programs are 7 days a week. The development of the Covenant Presbyterian Church will make the situation much worse than what we currently experience due to the volume of cars creating more traffic and noise disrupting our quiet neighborhood. Enclosed you will fmd the following copies ofletters that we mailed re Heavenly MPUD:: Letter to Michael R. Fernandez, AlCP President dated 10/31/2008, (l pg) Letter to John David Moss, AICP, Principal Planner dated 9/18/2008 with a copy of the petition (3 pgs of signatures for the denial rezoning). Copy of the 'Petition for the denial rezoning known as "Heavenly MPUD" was also hand delivered to John David Moss, AlCP Principal Planner (3 pgs) on 3/2008.. ;;~~y)~.J:::Ji~~A /~~\ APPENDIX 1 ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-l) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.9H 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-I Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page I of2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney 0xrtO'\ 'j' 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 - Conceptual Architectural Rendering Exhibit I - Conditions of Approval CPI08.CPS-00840\55 2/3/09 HF AC Page 2 of2 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I February 2, 2009 Page 1 of18 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. A One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A. Commitment Number 6). B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and },ctivity Fellowship Center 3. Administrative Offices 4. Child! Adult Day Care / Pre-KJKindergarten / School, limited to I $I through 3'd; with no more than a combined cumulative total of 220 students/individuals emolled!attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Accessory uses characterized bv civic group meetings such as The Pine Ridge Civic Association. Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "Mmarket," "Gfommunity Mmarket," direct marketing outlet or "Ffarmers Mmarket" are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new pernlanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. February 2, 2009 Page 2 of 18 (TRACT B) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. One Houses of worship with a maximum seating capacity of200 individuals. B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and /\etivity Fellowship Center 3. Administrati ve Offices 4. Child/Adult Day Care / Pre-K/Kindergarten / School, limited to 1st through 3'd; with no more than a combined cumulative total of 220 students/individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students/individuals for the entire CFPUD does not exceed 220. 5. Accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association). safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "Mmarket," "Gfommunity Mmarket," direct marketing outlet or "Ffarmers Mmarket" are not accessory uses associated with the permitted principal uses and structures. February 2, 2009 Page 3 of 18 EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 14"= acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of- way line abutting the property) Existing The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings(5) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS MINIMUM YARDS (between tracts) Side 30 ft. SPS MIN. DISTANCE BETWEEN The greater of 15 ft. or 'j, the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT 50 ftU)tL) 50ftw MAXIMUM NUMBER OF STORIES New 2(3) 2 ExistinglExoanded I SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE,Q) House ofWorship(6) 28,000 sq. ft. Accessory Uses(7) (9) 40,000 sq. ft. Circulation/Maintenance/Storage 12,000 sq. ft. PRESERVE SETBACKS") 25 ft. 25 ft. SPS= Same as Princioal Structure (2) 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 30 feet by non -occuoiable 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 footage of such building elements shall be 4,000 SB square feet. See Exhibit G for Ggraphic &Qepiction of vertical elevation measurement. (1) February 2, 2009 Page 4 of 18 February 2, 2009 (3) (4) Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPUD exceed 100,000 square feet. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. House of worship square footage not utilized shall be available for accessory uses. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for all principal and accessory structures. Setback provIsions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDP A application. The Child/Adult Day Care/Pre-KJKindergartenlSchool use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. (5) (6) (7) (8) (9) A. Buffers I. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida # I or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. (b) At Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. Page 5 of 18 (c) At Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) At Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. S. Perimeter sod from required hedgerows to adjacent edge of pavement is to be Saint J\ugustine 'Sayannah' or 'F1oratam'. 6. Maintenance of perimeter plantings: pages must be maintained so that they are nniformly opaque from the ground to tlle reqHired height. 7. Maintenance: perimeter hedges, trees, inside are to be profcssion and maintain free of weeds, and the edged weckly. Perimeter beds yisible from off site are to be free of weeds and trash. 8. Irrigation: a. Irrigation flood bubblers shall be Htilized at the base of the every Quercus virginiana [2 rcqllired] and Sabal palmetto [I required]. b. Perimeter hedges and adjaeeat side are to be irrigated with spray irrigation heads. Rotary bodies and heads are speeifically not allowed in perimeter areas. Covenant Church shall proyide five sets of landscape and irrigation plans to the Pine Ridge J\rchitectural Review Board for reviev. and approyal prior to ehmches SDP sHbrnittal to Collier County. It is understood that the Pine Ridge Civic .^.ssociation may, at its own expense, retain a profcssional landscGjle architect f-or the pHrposes of ensming specifications compliance. c. Water quality: '-Vater used f-or irrigation of required plaatings yisible from off site must incorporate appropriate technologies to preyeat staining of pavement or required plant 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 [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. February 2, 2009 Page 6 of 18 At the time of build-out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3* acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3* acre borrow pit lake, shall be reconiigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of ill the capacity required by water management design standards for a 3 day, 25 year storm event, ill the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge Estates surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed to the west through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then ultimately to the Gulf of Mexico. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. February 2, 2009 Page 7 of 18 F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees is proposed will be within the perimeter landscape buffer along West Street and Myrtle Road. The 0.12 acres f-or the created preserve shall Bot he located in t.ae dry water ffiaBagemeBt area ideBtified on the CFPUD M[l{;tcr Plan. The location of the created preserve shall be identified at the time of review and approval of the first SD P. 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 pennitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. 2. Adult care: 3. Non-worship use of the facilities: February 2, 2009 Page 8 ofl8 DEVELOPMENT STANDARDS FORTRACTB Together with the text that follows are the development standards for land uses within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY USES -- MINIMUM LOT AREA I. 9", acres N/A - MINIMUM LOT WIDTH 236 ft. N1A MINIMUM YARDS (") -----.- Front Existing The greater of 30 ft. or the zoned height of SPS structure SPS Expanded buildings(7) 50 ft. for expanded portion SPS New structures --~ ------.--..---. 50 ft. Side SPS Existing 20 ft. New structures 30 ft. '-. MIN. DISTANCE BETWEEN The greater of 15ft. or y, the sum of the SPS STRUCTURES zoned building heights ---.- 1-------- MAXIMUM ZONED HEIGHT 35 ft 35 ft. +-------- . 45 ft.(I)(2) 45 ft.\l) MAXIMUM ACTUAL HEIGHT MAXIMUM NUMBER OF STORIES 2(3) 2 --- -.-------.----.-.-. MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. -.--...-.-- - MAXIMUM SQUARE FOOTAGE "I House ofWorship(5) 5,600 sq. ft. Accessory Uses 12,400 sq. ft. Circulati on/Maintenance/Storage 2,000 sq. ft. -----..__.~._-_._--_._--- SPS= Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2.000 sf Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregatcd. (2) (3) (4) February 2, 2009 Page 9 of 18 House of worship square footage not utilized shall be available for accessory uses. The maximum square footage of any individual room shall be less than the square footage of the house of worship. Expansions which add sq e footage to any existing individual building are limited to cumulative maximum of20o ofthe 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 sig d and sealed by a professional engineer who depicts the proposed and all prior expansions sin e the date of PUD approval, shall be submitted with the associated SDP A and building permit a plications. If Tract B and Tract A are 0 ed or controlled or developed by the same person or entity, then the Tract A DEVELOPM NT STANDARDS shall be utilized for all property within the CFPUD, including Tract B. If Tract B and Tract A are 0 ed or controlled or developed by the same person or entity, there will be no direct access to or from West Street. (5) (6) (7) (8) (9) A. Buffers I 1. Except as otherwise required 0 provided herein, perimeter buffers shall be installed concurrently with the redevelopment impro ements in their proximity. All right-of-way perimeter landscape buffers shall be installed with th first SDP for a new permanent building on Tract B. 2. All required buffer trees along . dge Drive and West Street shall be shade trees. 3. Hedges within perimeter landsJape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water ~anagement use within the perimeter buffers. B. Parking Lot Lighting I Pole lights are restricted to a maxi um height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to inte ior parking lots and to meeting arterial level requirements at ingress- egress drives. Bollards shall have maximum height of 48 inches. C. Existing Ingress - Egress Drivewa s Existing driveways shall be elimin ted or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restri ted one-way access driveways serving Tract B shall be removed with the reconstruction, replacement or emolition of the existing buildings. Thereafter, the ingress-egress to the Tract will be via shared drivew ys located within Tract A. D. Open Space The project shall provide and ma ntain a minimum of 30% of gross project area [i.e. not less than 4.8ceacres] as open space. Ope space includes but is not limited to landscape buffers, interior landscaping, building foundation I ndscaping, dry water management areas and lakes. February 2, 2009 Page IOof18 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 6.3cC acres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross area of Tract B. E. Water Management The existing 3.3cC acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of ill the capacity required by water management design standards for a 3 day, 25 year storm event, ill the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge Estates surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed to the west through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR-45) and then Pelican Bay ultimately to the Gulf of Mexico. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non-cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stonnwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. The Pine Ridge Civic /.ssociation, Inc., [its successors and assigns] shall be notifie: i~ ':i~n; ~o~~ ~~:I~ant, not less than tImty (30) days pnor to the sHbmlttal of an)' applicatIOn to t.0 0 J' F =: ~~~i~a \Vater Management District [SFWMD] relating to or iw/olving any of the ;;o;~~, W~:i~ :; C~~?, ~~ ~~; proposed submittal of an application to the COURt)' or SFWMD. ;;;;;:;i ~f ~~ r' written notification to the Pine Ridge Civic Association, Inc. shall be provided to Collier COHnty. February 2, 2009 Page I t of 18 Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 100. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. 1. Hours of Operation Restrictions: I. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for accommodation of special functions. 2. Adult care: 3. Non worship use of the facilities: 4. Worship February 2, 2009 Page 12 of 18 .----,.,.._-,-_._._._-------'"~,.---,.- o _,'.___,'.._.' ._,..~..."'..___,__._.._ : I :\;;, j''''';''~':'i' '. HI""":""';""';'"'':''''' j l ==.0 U --' - - - - - - - - -- -'~- - ht - - -- -'~ ~":- - - J ~ I< ::; a\fO~ 31HJAW :~ ~u":::::":::-::::-:-:'=_____u " :;______u____._: ' : I' , l7"~~1; , w < j J:c J.J j) , , , , ~ , , , ~ ~ --------1 , , , , , , , , , , , , ~: ,. I , ' , , , , , ~ , , , g i ) i B , , z o . ~ z w ~ ~ z o ~ , I ,9 I II I: II dj; -~ , I ~y :; <( Ig: II~ ~ ~ '~I o z " I i 'I!!!II 1- ii' , H~"h! ~ ~ ::; 'ai'I", ~~;~~~E " !! l.!l!l, ~ - -2 rii'!" i "j!,jil i. 1 .d i idl" ,~i ~,,~ ~~-.! Hil 'l'mlll;l! ~ i ~a ~ ~""~" ~.,! ,- "l"'!'!' 'I i . ~ I.i;! I! ., . I ~t i ;! ~~~~hl~ i~ ~ !I !lU I~ !li!il! Ii I Illiii!'~ 1!1!!II, li. I "li-.ii~ -I., I. [, I li'i1i/11 ill!;!.11 !i ~ II , "I ~ !~! ! _ ill i i ~l1~ i IH!"!! L ': '" ~ <:l . , , . 0 L~ o ~ ~ ~ o ,.. Z~ o:3ffi >-~> iDo::<( -ww "'>-'" "'~o w~~ >EM ~ .,; I j--'--'--'; " . ". . " . <Ii. I t;i 1__ ~I : ..... ~ i I zl I i j I I ~: i"m1 : a: ~ L':'_.L._' o ~ I' ~ i: ~ ! . ! 'I' !',II i i ~ J i ~ '-!:j I I .' , 'I'm!,. ~ ", !, , I ~'1 ~ !i~~~~~ I I IIi - i i,l;! II I i I !lllq Ilii!1 I!! 1111 : I' 'i 1:1'. " '1<', 'I I f~ ~I. );~:i g:; ~~5'1 h ~ !ill ~I'!/lill . !Ii ;, l' ~ii"!~ , ~llo!l'l! ! ,.!; 'I I; ~li!i~ ~Udli,Mlil il!! h !i ~-~~.,; I 1~~~_~ ~ d'll';- d ~!( '" 'I' ~ . !" ,I'; ~ I I !3 ~ z u u:5 ~ ~: ;;;] I~ ~ t5~ ;;; ~ '" , , . , ~ - .. q i ~ :; j , '" ;1'" ~ ~ 11., < "" o ~~ c:: ~.: ~ C-E ;>~ ~! 1 -g js ~ J;...., ~ ~ C!> . , .,j! "5 " ~~ -, :;;: ~ Ue , , II ! i I ! . , , , I i ! ! I ~ j if ~ j g EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009,67285280002,67285360003,67285320001 LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. February 2, 2009 Page 14 of18 _..__..--,-_._-,..,~~_........_,-~-~",-----~'-- EXHIBITE LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) I. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shaIl be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. The property owner shaIl make a payment !in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shaIl also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shaIl 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 projecto, AND &drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to penn it a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit thern in locations other than along one side of the drive aisle. 5. Deviation #5 seeks relief from LDC Subsection 4.06.0I.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for pennitting 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 S.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nomesidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. February 2, 2009 Page 15 of 18 (TRACT B) I. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections S.03.02.E.2. and S.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right-of-way landscape buffer line. February 2, 2009 Page 16 of18 EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) I. The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as detennined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall bc as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. ^ 'iiOI~~: of these turn restrictions cOflotitutes a violation of County Ordinances for which the 8heriif s 0 may issue citations. The Myrtle Road access shall be closed at dusk. 5. A Sffiftfl west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students/individuals enrolled in Child/Adult Day Care / Pre- K/Kindergarten / School, limited to I sl through 3'd, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (I 10 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 hy the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of 9W 853 for the entire CFPUD and the I 10 person Child/Adult Day Care/Pre-K/Kindergarten/School limited to I st through 3'd for the entire CFPUD is reached, a supplemental traffic study will be done to detennine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during February 2,2009 Page 17 of 18 the first quarter of a calendar year to more accurately portray peak season loading and will include traffic counts at Ridge Drive and West Street, fH!d Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 220 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required pUD monitoring report shall be done during the first quarter of a calendar year. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) 1. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee 2. A payment-in-lieu-of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right-of-way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturallv compatible with the new buildings on Tract A. 4. Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed February 2, 2009 Page ]8 ofl8 ROOF LINE Exhibit G ADOl1l0NAL HEIGHT MID POINT OF ROOF ~l Ocn o gJ ADJACENT AVERAGE CENTERLINE ROAD ELEVATION ~ ~ GRAPHIC EXAMPLE OF TRACT A ... MAXIMUMS DEPICTED document date: october 1, 2008 I site graphic prepared by: planning development incorporated: engineers, planners and landscape architects 5133 castello drive suite 21 naples, florida 341 03/239.263.6934 mfernandez@planoingdevelopmentinc.com 1 '" r~ ...,)> eer I r'1 C) I -< Exhibit H Conceptual Architectural ~.~ , * ']his ardtited:ural n<ib..in.r :is lLU '1.1 ,,,,1. MJ'lifimHrrs ItH'f l:e na:E as rrq.ri.nrl to ffi crn=:rish=nt with ;::n)lirffilp m~..'~~ TJ:r"W"l1"d--.;........... ..........4.~ .~. ... h.. -&-+- ---- EXHIBIT 1 CONDITIONS OF APPROVAL February 3, 2009 I. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through January 16,2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on-site (pine f1atwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the stub-out in the median separating Trail Boulevard and US 41 as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. CITY Ai' /1/ L--td COUNT{ ,( ,;c t.' C / tf"/Z..- NA....,E OF BOARD. C. QUNCIL, COMM\S~l~ A~ORI1}. OR COMMITTES / c.',/?,lf/IC/ /""(/ C(1/7?,A>-/J'J,,';,p/ THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: -" ~ o CITY 0 COUr-IT'( NAME OF POUTI 5tle0\V1SI0N: o OTHE~ LOCAL AGENCY DATE ON WHICH VOTE OCCURRED ;j. MY POSITION IS. o E~ECT\V o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level 01 government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members 01 advisory and non.advisory bodies who are presented with a voting conflict 01 interest under Section 112.3143. Fiorida Statutes. Your responsibilities under the law when faced with voting on a measure in which you ha'le a conllict of Interest will vary greatly depending on whether you hold an elective or appointive posilion. For this reason, please pay close attention to the instructions on this lorm before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, mUnicipal, or other local public clllce MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local oHicer also is prohibited from knowingly voting on a mea. sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or sc,e is retained (including the parent organization or subsidiary of a corporate principal by which roe or she is retained): to the special private gain or loss 01 a relative: or to the special private gain or loss 01 a business associate. Commissioners 01 community rede'Je'opment agencies uneer Sec. 163.356 or 163357, F.S, and ollicers 01 ,ndependent special ta-x districts elected on a one.aGe. one.vote basIs are not prohibited Irom voting in that capacity. For purposes 01 thiS law, a "relative" includes only tr,e officer's father, mother, son, daughter, husband, wile, brother, sister, lather"n'le','J, mother.in.law, son.in.law, and daughter.in-Iaw. A "business associate" means any person or entity engaged In or carr/'ng on a business enterprise with the officer as a partner, jOint venturer, com'mer 01 property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stack exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conllict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Allhough you must abstain from voting in the situations described above, you otheMise may participate in these matters. However, you must disclose the nature of the conllict before making any attempt to inlluence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT"TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this lorm (before making any attempt to inlluence the decision) with the person responsible for recording the minutes 01 the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE 1 _ _~ ....~\1 110n APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISiON EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature or your conflict in the measure before participating. You must complete the form and file it within 15 days after the vole occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy or Ihe form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. 1,~P6;er // . '/L.' -. t/.. -1 I ," 7, hereby disclose that on DISCLOSURE OF LOCAL OFFICER'S INTEREST Fc.(3 /p ,;.( 00 7 ,1--9-_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss: inured to the special gain or loss of my business assiJciate, inured to the special gain or loss of my relative. inured to the special gain or Joss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agenoy and the nalure 01 my oonll'o:,ng interest in the meaSure is as tollo":,5: ..L ' . - ~"v' ..,... :i'..>'" t':c~J;G' 7' /~'C'R/',-:?"-' C/7'-/Lc:Af/' c7/ LijVC:::/V'/ . '/J. A'>:>~_' c., , which rPe///><>''t/ #- /j{,/~"2 6-" ;< C!(;? /;2 Cl Y ? After consultation with the County Attorney, I abstained from voting on the above matter pursuant toSectioii'28. Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, eommission or ag cy who is present at any meeting of such body at which an official decision, ruling or other official a,t-isto be taken or ad ed may abstain from voting. , . except when, with respect to any such member, there is or appears to be;.-a possible con . rest under the provisions of I 12J.31 I S.112.313, or S.112.3143. In such cases, said member sh.all?l. mply with Osure re uirements of S.112.3143." / / ~. .:.- ::<'/~/7 L" /~ Date Filed / ~.- fl.L /. .'/ . . / ~t/='6-.eT" ';/cr-< /..,//~/ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REOUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: 'MPEACHMENT~ REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000 CE FORM 8S . REV. t/98 PAGE 2 AGENDA ITEM TITLE: ~~/ f?() P PLEASE PRINT CLEARLY A f!- -. rz~ AGENDA ITEM NUMBER: CIA NAME: THE TABLE LEFT OF THE DIAS IN THE BOARD ADDRESS: 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 B?eARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4 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. r' AGENDA ITEM TITLE: r4 di/EIVANT ~1S"P'E1Z/~...;CI1fl!1f fC/lYE~.JL7 /itLJ AR.-I'lo'1r PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: '74 PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: d/lFrYZlJ /I ,~IINOM7Z ADDRESS: 'Z3tj :Z;~a.",;f; ~~8, Ii "3 '/ / ~f REPRESENTING: PETITIONER: OTHER: /' #{ZI?QCli ,d;e'flTan.--,d/tL 6;.rmr-l I'Y1Ivt 17 ~ IJ-- 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. f\f-,'rl.-O~7 AGENDA ITEM TITLE: Co~Q.N\{,.,,-t:.._i,e6~C:Je,flav1 H€O.ve,(1~ flJ rL...... 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. ADDRESS: /1( wc8t" 'Gfue%' NAME: :5G<.U~6.fkf REPRESENTING: PETITIONER: J Re.,q-- OTHER: 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 LE BOARD' MINUTES AND RECO~DS 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: c;i p ) .' e'f Pel 7J A.~_-'iL~~7 Cf/J AGENDA ITEM NUMBER: I LC- PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. /)//'.1.1 7t:'";f~ 5' NAME: ADDRESS: ~ f,{ c) //..),'/ t'/wd.. OTHER: )J J2 ( /l . 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 TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: ~1/!11!7 I1lf r b;;iPRilJu (1ft/Pel I ~\:..'" V~(1 \1 PVD - Af2.- \l~7 PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: j:4- NAME: fPirb1j ? heE- S ~ PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. ADDRESS: 3AJO I( /jJ;J7;/lmJ 7/?c tT2() u / ;JIp)~S C ~;?/l/f- 4LJCr C;I ( /!CYO L 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 EASTTAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: ffr.;':(/ CJ1/ t L/ ;:; r./ ;.:J / PLEASE PRINT CLEARLY AR-IZ017 AGENDA ITEM NUMBER: ~A PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. ;() E"/1J j( /~ C-- ADDRESS: o~ /"1- Y /l Tc.. ~ t' S'el;' r"ZLJ A/~ ~tcd NAME: REPRESENTING: PETITIONER: OTHER: 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 9-B - Cotty County - ~'--- - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-13664, PORT OF THE ISLANDS NORTH (UNION DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The applicant is requesting a total of three (3) sign variances from Section 5.06.04 C.16 of the Land Development Code (LDC) to permit one (1) off-premise directional sign. GEOGRAPHIC LOCATION: The subject property where the sign is to be located, in the median of Union Drive, is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSEIDESCRIPTlON OF PROJECT: The sign variances are for a proposed off-premise directional sign that is to be located in the median of Union Drive where it intersects with Tamiami Trail East (U.S. 41) as depicted on the map and plan on the proceeding pages. The proposed sign is intended to serve the various business and residential users within the Port of the Islands, an approximately 40 year old community remotely located approximately 12 miles east of the urban area in Collier County. These land users are located within 6,000 lineal feet of the intersection of U.S. 41 and Union Drive in development area of approximately 75 acres north of U.S. 41 and are not visible to the motoring public on U.S. 41. The proposed off- Page 1 of 8 " n 00 n ! ~ oc , ~ '" u w u . " u ,. m " " U . " '" u w o ~ 25 u z o w- l:::!;( "><, o ~ ; 01 ~, n..~ .' ~ ":''0 ~ , " ,. ! ~i , ~- ~ ; . ~ , , ! !! ,. " ,..01\1;> NO'Nn ~"'" lYNv:l llY.<lrlO N:>''''' ~"'" , g . I SL-I ~- is u d ,. " ~ ~ :nr:>S0l1"" / ____ - .. , , ~ B o 0 6l X$ >-z 00 w- '!< 00 g:g ~ . g ~ l<;6l:f::J . o . " .,0 .' r;:;\.~ (j. a.. <( ~ (!) Z Z o N " <0 <0 M . " '" <( >:> >:> ~I ": z' o f-- f-- W "- a.. <( ~ z o I- <( o o ....J ~ "1 2 . o Z I- - en - :c >< w 16 / n N --------/ a'v'o~ NOINn MQIS. --) _______ I ''''~ "-~ \ I I , I \ .... itt \J ... ~j ... 'I . 11 ~ \ \ \ \ \ Ol o a 0 + N <:> \ \ \ ) -T- / : .-/ '----.- , , , ., "-, "" 0' . , 00' ~, , , , , .---.--.1---- : ~~~\ -~- \ \ \~ \ \'0 \ " ""-.J I -'-. 1- /1' / ( ,,-..... ..-- """" . <.n ~ ;j: . <Ii :::> 0 3- 0 '--'" Z 0 Z => 0> => 0 Ii 0 0 rn ~I rn f- f- m (f) ~I (f) <{ w W I "- 3: , 0 . I 0::::: f-- i3 . 1E <.n F ::> 0 Vl ~ N '0>- +10:: II <l: = I => ~ z <l: --, W f- <l: Cl I~ I NSiS premise sign will identifY up to 10 of these land users and will contain the community logo for the Port of the Islands (POI). The names of the land users include: Port of the Islands Community, RV Park or Future Residential Development, Fire District, Hotel, Gun Club, Orchid Cove, POI Utilities & Meeting Room and up to two other users that are unknown at this time. The requested sign variances are as follows: 1. The first variance is from Land Development Code (LDC) Subsection 5.06.04 C.16.bj. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 32 010 square foot off-premise sign. 2. The second variance is from LDC Subsection 5.06.04 C.16.b.v. which requires a sign to be located within 1,000 lineal feet of the intersection of the arterial roadway serving the use to allow greater distances of up to 6,000 lineal feet for up to 10 land users whose names will be posted on the subject sign. 3. The third variance is from LDC Subsection 5.06.04 C.16.c which requires a sign to be located no closer than 50 feet from a residentially zoned district to allow a lesser distance of 23010 feet. AERIAL PHOTO Page 4 of 8 SURROUNDING LAND USE AND ZONING: North: Union Drive right-of-way, then partially developed Orchid Cove, a multi-family residential development located in the North Port Bay Planned Unit Development (PUD). East: Union Drive right-of -way, then a park( passive recreation site located in the North Bay PUD South: Tamiami Trail East (U.S. 41), a 200-foot right-of way, then C-4 zoning in Port-of-the- Islands West: Union Drive right-of-way, then Orchid Cove, a multi-family residential development GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The site is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics ofthe land, structure or building involved? Yes. The Port of the Islands is an approximately 40 year old waterfront resort containing residential and commercial development remotely located in an area that is approximately 12 miles east of the urban area of Collier County. This development area consists of North Port Bay PUD which has frontage on U.S. 41 and other different zoning districts (RT and CON) which do not have frontage on U.S. 41. These development areas are obscure and are located within a development area of approximately 75 acres on the north side of U.S. 41. The furthest land use, the gun range is approximately 6,000 lineal feet from the intersection of U.S. 41 and Union Drive. The motel, built in 1966, is approximately 1,250 lineal feet from the intersection. 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? Page 5 of 8 Yes. As previously stated, the residential, motel, gun range and utility land users on the north side of US 41 in the Port of the Islands are remotely located. In addition, these land users are not visible to the motoring public on U.S. 41. c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant contends that due to the isolated location of Port-of-the-Islands, the individual businesses need signage on U.S. 41 to inform the motoring public of the various business and residential developments located within this resort community. If a literal interpretation of the LDC provision is applied, the applicant would be unable to have an off-premise sign in this location. In addition, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 32 square feet. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The purpose of the first requested variance is to allow a larger than LDC prescribed off- premise sign of 12 square feet. Staff is of the opinion the size of the proposed sign, 32 square feet, is reasonable given the remote location of the Port of the Islands development on a major arterial road such as U.S. 41. The purpose of the second and third variances are to allow for an off-premise sign. This is the minimum variance that will make possible the use of the off-premise sign, given the location ofthe residential and commercial land users in the 75 acres north of U.S. 41. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of this Variance request would allow the proposed sign to have an additional 20 square feet of sign area, or 32 square feet. It would allow for up to 10 off-premise land users to have their names on the proposed sign. In addition, the granting of this variance request would allow a sign within 50 feet of a residentially zoned district, which is prohibited by the LDC. This confers a special privilege on the applicant. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.01.A. of the LDC states that the purpose and intent ofthe LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; Page 6 of 8 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfY the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staffs opinion, the requested off-premises sign advances all of these objectives. Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. 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.? No. There are no natural or physically induced conditions that ameliorate the goals and objectives of the regulation. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13664, Port of the Islands North (Union Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: L The off-premise sign size shall be no greater than 32 square feet. 2. The off-premise sign shall have a maximum of 10 land user's names from the area located within the 75 acres to the north of the sign. 3. The off-premise sign shall be located no closer than 23 feet from a residentially zoned district. Page 7 of 8 PREPARED BY: CH, AICP, PRINCIPAL PLANNER ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~k.... r. wj~' HEIDI ASHTON-CICKO ASSISTANT COUNTY ATTORNEY for ,ft-- D V. BE OWS, ZONING MANAGER ENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '--f'n. ~-cU-~,() SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: S PH K. SCHMITT, ADMINISTRATOR MUNITY DEVELOPMENT & ENVIRONMENTAL RVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachment 1: Port of the Islands Development Plan \ tl1f\1 rzt), Rat) DATE ' ;( . 1.ocr DATE /-27-09; DATE n 2.-3-0; DATE ..2/f~? f DATE DATE Tentatively scheduled for the April 14, 2009 Board of County Commissioners Meeting. SV,2008,AR-12943 Page 8 of 8 RESOLUTION 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETmON NUMBER SV-2008-AR-13664, GRANTING THREE (3) SIGN VARIANCES; VARIANCE ONE IS FROM LAND DEVELOPMENT CODE SUBSECTION 5.06.04.C.16.b.i, TO ALLOW AN OFF-PREMISES DIRECTIONAL SIGN OF 32 010 FEET; THE SECOND VARIANCE GRANTED FROM LDC SUBSECTION 5.06.04.C.16.b.v, WHICH REQUIRES OFF PREMISES SIGNS TO BE WITHIN 1,000 FEET OF THE INTERSECTION OF THE ARTERIAL ROADWAY SERVING THE USE; AND THE THIRD VARIANCE BEING FROM LDC SUBSECTION 5.06.04.C.16.c, WHICH REQUIRES A SIGN TO BE NO CLOSER THAN 50 FEET FROM A RESIDENTIALLY ZONED DISTRICT, ALL VARIANCES FOR THE PORT OF THE ISLANDS COMMUNITY IMROVEMENT DISTRICT, wmCH SIGN IS LOCATED ON THE NORTH SIDE OF U.S. 41 AT THE INTERSECTION OF UNION ROAD IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 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 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions ofthe County, among which is the granting of variances; and WHEREAS, Petitioner now owns and operates the property located at the intersection of Union Road and US, 41 in Collier County, Florida and seeks to alter the signage on the property; and WHEREAS, Petitioner wishes to have a 32 square foot off-premise sign; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign in excess of 12 square feet pursuant to LDC Section 5.06.04.C.16.b.i.; and WHEREAS, without a variance, Petitioner cannot have a sign outside of 1,000 feet of the intersection of the arterial roadway serving the building, structure or use pursuant to LDC Section 5.06.04.C.16.b.v; and WHEREAS, with a variance, Petitioner cannot locate a sign closer than 50 feet from a residentially zoned district to a lesser distance of 23 feet, pursuant to LDC section 5.06.04.C.16.c; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; 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 the Board hereby approves three variances from LDC Section 5.06.04.C.16.b.i, 5.06.04.C.16.b.v and 5.06.04.C.16.c as requested in Petition SV-2008- AR-13664 filed by Robert 1. Duane of Hole Monte, Inc" on behalf of the Petitioner, Port of the Island Community Improvement District, concerning the subject property at the intersection of Union Road and U.S. 41 in Collier County, Florida, as more particularly described in OR Book 1567, Page 1549, (Legal Description attached as Exhibit "A") of the Official Public Records of Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13664 be recorded in the minutes ofthis Board. This Resolution adopted after motion, second and super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman 2 Approved as to form and legal sufficiency: Steven T. WiUiams :.r....; .,.::Jo .c Assistant County Attorney 'I 3 .....~~.-n.c.,. .[;;h~,,:.i.........~_ "'_,",---'~~:_~io~._ ~,' 01t25861 COllIER COUNTY _OCT 23 flit: '-& RECORDED o ---- .... ~~ DOC~~!' 01' T8B ISlAlfDS. INC.. ,!II Florida corporation, hl!'rl!'inaft;er M_ IND_ called the Crant.oT. to ~ or TBB lSLAlfOS C-OlOUIlHTr I"PROVEKBNT 7'~"'C" t~ DISTRICT, a polit;lcal ~ubdivision or thl!' st~te of F1orlda, Vhose adr:!lress is: 2s"l'otoD -r;;~ .~_,' -Z;h;O Fr,...-r ^~"t.3 'il';.v.,:f" , . . 3~"'("1 heceio.ftee called the Grant;ee. I . i r ~i f< @ 'lbh W.Hant:.y Deed aade the ~ r:!Iay of sep'l:elD~r, 1988, by WYTRSSSITII ~ 0 ~ ;0 ~ '" ~ 0 0 '" = of t;he ISUIII of (i.) = ~ = = ~ ,..., = $10.00 aDd other v said said lana pen;ons wtloD-:IIQevec; and taIes accruing subsequent to ~c~b~r 31, 1987, and easement,_ reatriction. and regeevat;!ons of record. IN WlTNBSS WBI!R!:OF, t.he aaid COrporation hll" cau.sed these p-feaents to be e:z:ecute" in its hame, IIlnd it!'! eorpor...te "",al to be helfftuot.o affh,ed. by J"-!'I proper offlc..rrs thereunto d1>ly "'1>thori&ed the day and year first hereln weltten. ;teceivecl $ ~ ~ ~s;' nocurnenlar"j Sl~mp T.>> ~ecei\led$ .AlIA ~~~~~~~~ 'Ol~fCOU'JS. A. aY ~"AJ:~OC ~ / A-.tr .,.,,0>-" .....~i~'ii't*~V'~o1Ik:2;-~. ."""," - ....~"". ,-.or. ~.;,.,..., " / EXHIBIT A Page 1 of 8 . """"'-"'.L- _ __I.. ~~-~~....:~ :'...:...,.....-.:i~~..;' ~",.....:,~~.: ~Q1561 OR 8001\ '.1q I 55{i PAGE (;) Sft.T& Of' FLOltIWl. comrrr OF' COUlD I HRUBY CPTIFr that on this day. before _. an officer dilly .....t:horlzeCI in the State and C'ouflIty .fDresaf.a to he .cknovl~9- .eab. personally appeared t'?P,JiJI,?.lE..$ F /r.'>dY to _ well known to be the .EXE/!. f/;eE IkE:5,/){;7.7of said Corporation, and thaI!:. he severally aeknowledljad e:l:ecllt:ing the :Sa:tIe in t~ presence of two subscrjbing witnease:l freely and voLuntarily under authority d.uly \leated in hllD by :!laid corporation and tha.t tMo seal affixed $ ~ ~'. ;;:',: ; ~ ': @ r~~~"~,:,,",._,,,. ~".n:.,~...,.~.l;'t'.l"<'C;~":,'1':,.~~.~.~~'~.:-":~~"F,i.'.\tn{\~:::.'~;':' '. .,- =;~ .', ;"'ip,-\~;~,:~~ r-- EXHIBIT A Page 2 of 8 -,~,;:,,--""";';"~~" .'" ....MorWs&~ h:. ~'f'Iwn!n;l~ liMA FJlE *te:),Dr O'.:Vl'\1'go .- ~ ~ '" ~ '" ~ '" ~ ~ lEGAL DEScRIPTION OF A PROPC.lsED SEWAGE TREATMENT PlANT EASEMENT A PARCEL OF lAND LOCATED IN A PORTION or: THE EAST 112 OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 fAST, COLLIER COUNTY, FLORIDA" BEING MORE PAATICULARL Y DESCRIBED AS FOllOWS; COMMENCE ATTI-ESOUTH 1/4 CORNEROFSEC1ION9, TOWNSHIP~ SOUTH, RANGE 28 EAST,COLlIER COUNTY ,FLORIDA:THENCE RUN N~OO"ll'Of"E.. ALONG THE ....'EST LINE CF THE EAST 1/2 OF SAfDSECTIQN "FOR '" 01StANCEOF 2512.00 FEET TO THE POtNT OF OEGI"'NG OF THE PAR F LAND HEREIN DESCRIBEO, THENCE CONTINUE N,OOa11'OI"E.. A THE EAST fl20F SAlDSF.:CTION 9, FOR A DISTANCE Of . ..t2'59~ E.. PEAPrHOICUL,AR u = TOTHE WEST LINE OF A DISTANCE OF 215.00 > FEET; THENCE RU INEOFTHEEAST1I2 ~ VI OF SAID SECTI NN,B!J'42'S9-W.. m VI PERPENolCU CTlON 9, FOR A DISTANCE OF .3.430 ACRES, MORE OR 0>"1:1_"'_ ~-- _R_ ...-. M.l~~l O&llll._...... 1'oool.......1\_ _.....,. --- ':l_,-",,-_ _.l;:1tIfo.fL_ --- ___DP 'f ,/ EXHIBIT A Page 3 of 8 .1<"",,- ~) c~ lti!.1rob-b&~h::. ~'l'IIrncrsl~ LEGAL DESCRtPTlON OF A PROPOSED SEWAGE TREATW;:NT PlANT EASEMENT " ..- ~ CO ~ C> C> = '" ~ I-WAFILE_l8J..ot 09114190 A. PARCEL OF LAND LOCATED IN THE: SOUTHEAST 1/.11 OF SECTION 41. TOWNSHIP 52 SOUTH" RANGE 28 EAST, COLLIER CDUNT't. FLORIDA. eEING MORE PARTtCULARL Y DESCRIBED AS FOllOWS; ~ ~ ~ B K S X B X ~ . A paqe two of sis ''''_$1_ ~-- -.- ---' _11"-" .;__'CGul ""'M,ooo.FLS3t<lt _.....,. ""'''U1'''~ .-...........- _"So<hpl.fI.~ -~- FAX'""tII-=. "I. ./ EXHIBIT A Page 4 of 8 . -. . - . ~;~~,,--_::.:~ . _._~~--,-,-,...,-",-'~.= r ~. ",*-~&~h::. Engiown 1 PWnln / ~'ClI'S HMAFIlEIl8J.Dl O9IJot.l90 LEGAL DESClUPTION OF A PROPOSED WA~ TREATlIENTFAClUTY EASEMENT g 0 = m ~ 0 ~ = ~ A PARCEL OF LAND LOCATED IN A PORTION Of SECTION ., TOWNSHIP 52 SOUTH. RANGE 2& EAST. COLLIER COUNTY, FLORIDA., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: = = ~ ~ ~ E X a I B I Y . A page thr~ Or .i~ ;:1'II_a_ ~~- -.- __u 'Ullnt_... ;6>Ot#_C--' "'"........n_ --. 'AXI&'Dl....."'" ,--'- _~n_ _N_ l<AAlIILllt!IiN3U r---- _._-~ EXHIBIT A Page 5 of 8 ~ ~Mcnes&~k ~ I PIamerS I $one)Us HMA FJLE .183.01 OSVI4J9lJ SHEET 1 OF l g t..eGAL DESCRIPTION OF A PRQP05I:O EtfTRANCE ROAD EASEMENT g;~ 0= ~ "" ^ PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS" AND 9, TOWNSHIP 52 SOtJTH., RANGE2a EAST, COLLIER COUNTY~FLORIDA. BEING ...lORE PARTICULARl V DESCRIBED AS FOLLOWS; ~ c, ~ IJ7'O_._ M__ -~- 1I<:Ji_" OJcll"'_-"'" --- __....m... ............... .......'....,.n1. . EXHIBIT A Page 6 of 8 ~~::..=:~~~" '",--- .~:~~....;.,..._~ :__'~"'2~"~:;';:::Y M ,~ ; ,~ HUA FIlE. .183..01 0!iV1"90 SHEET 2 OF 2 CHORD OF 292.29 FEET AT A BEARING OFS. '8~21...O"E..FORAD1STANCEOF29".19 FEET TO THEENO OF SAID CURVE: THENCE RUN S.31~29'2O"E.FOAA DISTANCE OF 215.15FEET TO THE BEGIHNlNGOf A T"'-NGENTlAL CIRCULAR CURVE, CONCAVE TO ._ THE WEST; THENCE RUH SOUTHERLY ALONG 'THE ARC OF SAID CURVE TO THE g RIGHT. 11AvtNG A RADIUS OF 504.00 FEET. THROUGH A CENTRAL ANGLE OF _ 9O*UI'41". SUBlENDEDBY ACHOROOf" "l'13.66 F.EET AT A BEAR.lHGOFs.Ola3S'OO"W.. a U> FOR A DISTANCE" OF 192.96 FEET TO THE END OF SAID CURVE; THENCE RUN 0 ~ S.52a39'22"' W. fOR A DISTANCE OF 294.90 FEET TO THE Sf:G1NNING OF A:;;:;- -4 TANGENTIAL C1RCULAR CURYf,. CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHWESTERLY ALONG Tt1E ARC OF SAl0CURVETO THE LEFT. HAVING A RADIUS OF "29J:1O FEET. T11ROUGH A CENTRAL ANGLE OF 5fi~ce'..a., SUDTENOED BY A CHORD OF "I08.UFEET AT ABEARINGOF$.2"-14'$TW.. FORA OIST^,~CE OF .c25.33 FEET TO THE END Of SAID CURVE: THENCE RUN S.04I-09"26''E.FOR A DISTANCE OF U18A2FEET TO THE POINT OF IEG~ COMTAININQ4.03SACRl:S, MORE OR LESS. SUBJECT TO EASEMENTs., '&.:c TRlCTIONS OF RECORD. ^ST 1J4 OF ~CT10N 9. = FlORIOA. AS BEING);; = ~ en ~ ~, . X BIB IT. A ~v- fh-. af .lz " ,r---- EXHIBIT A Page 7 of 8 .. '" L~:'~~';~ . t? tklII.Abtes&.~h:. Eng1l-. , """- I s..w:.cn HMA FILE #1181.01 09I1~90 g ':;: gc..n g~ LEGAL DESCRIPTION OF A PROf'QSEO SERVICE ROAD EUEMENT A PARCEL OF \..AND LOCATED IN A PORTION OF seCTION 4. TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FlORtDA. e~ING "ORE PARTICULAfU..Y DESCRIBED AS FOLLOWS: = = ~, ~ = B J: II I B ]" or .. A paq-. Ill. 01 .Ill -.,..,...,,-...., ,,"",............ C:O-.....,lII....,~..;.,.,......"l;:~ 1.....,..C,.,'S!..{LL"t~ o Jo!i_"'_ M__ _R_ --, """lRJI__. 0___ ......_0\.... 1IQ1"<.m4 l"J.k1l1lt_1CI'~ n__sv... _~"'-33h.I -~- ""'~_n:r> r. -'. EXHIBIT A Page 8 of 8 AGENDA ITEM 9-C Cotty County - -----........<- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-13665, PORT OF THE ISLANDS SOUTH (NEWPORT DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The applicant is requesting a Variance of 52 square feet from the maximum 12-square foot area for an off-premise directional sign, as provided for in Section 5.06.00 of the Land Development Code (LDC), to permit an off-premise directional sign having an approximate size of 64 square feet. GEOGRAPHIC LOCATION: The subject property where the sign is to be located, in the median of Newport Drive, which is located on the south side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSEIDESCRIPTION OF PROJECT: The sign variance is for a proposed off-premise directional sign that is to replace an existing off- premise sign located in the median of Newport Drive where it intersects with Tamiami Trail East (U.S. 41) as depicted on the map and plan on the proceeding pages. The proposed sign will identifY the southern portion of the Port of the Islands, an approximately 40 year old resort and waterfront community remotely located approximately 12 miles east of the urban area in Collier County. Page 1 of 8 '- '\ . ...... --=:-~'. ! \:\mWIU cc,/, 'I 'V.l'j,1 . - I '~"-::: -- ----_~ 1 ' .. 'I, lS I. ~ . -"".--- , . '\" 1 [ '.:i j " 1 " i- i "I 1" _ " ! I I I L___;j J i 0 "","',"""," - ----- ~ ~ ,..""".1100 NOI~"'"''' U) g ~ \~-~1 \ ,j - ---I 'I ~ ~ , __ \1 " .;._,.___.e u. ,',; "'~.., :::..:--..,;.,.._.'::.:........_-~~.. r-=-==-~Cl-___ _-4~--i ) ~ ~ << " 00 > " ! g < ~ o " o < U . o I l_.,_ L, - c \ 'SO" ~ 3 '---- ~ i ~ 8 SL-I /L:. ) .r;l,,~0 " ':J __ )- -- / ! ~ ~/ ~ I 1 I -t- i GC:/OS ;:, " ~ '" i ----- ,-,*,-",,,,"0",,,"- , ! c=. L~-cc- )"':;JS OJ. ,ON / ~ / , -- , ~ ~ ~ ~ ~ 'li: 5 0 o , d'L eo D{J{J 0 ;~~., " 0- 0" ~ ,j]p 0", DD r5: 00 Jt:J;?o ~ ~~~ r- ,. ,0 ,. .' "" o a.. <( ~ (!) z z o N ~I z o f-- f-- W "- a.. <( ~ z o I- <( o o .....J 0 m cb 0 0 N <D , J 0>- ~D::: II <{ , ' ::J 1 -,Z ~ <{ -, (::> (::> ,I W Z Z cb l- T <{ - - 0 z z 0 0 0 1 N N , I- U r-- c:t:: 1 , , co M-l Lf) (Y) , ...-; , I , - -- --~- I ---l --- (7IYlll fJI'Yl}fYJ -IN YSJ 11/ AU 9'J1 ~ g J------ ~ ' 11 ------------ . o z .... - m - ::r:z >< w I. '" ,1 The sign is proposed to be 52 square feet larger than the LDC prescribed sign. The proposed sign is 64010 square feet as opposed to the LDC prescribed 12 square feet. The proposed 64010 square foot, 8-foot height sign will replace an existing, nonconforming 80-square foot, IS-foot height sign at the same location. The proposed sign will generally identify the "Resort and Waterfront Community," replacing the existing sign that identifies 4 land users: "Hotel, Restaurant & Bar, Marina and Visitor Center." The requested variance is from Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 64010 square foot off-premise sign. 'Il AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: U.S. 41, a 200-foot wide right-of-way, then undeveloped land with a zoning designation of Agriculture (A-ACSC/ST) East: Resort with a zoning designation of Residential Tourist (RT) South: Guard House with a zoning designation of RT, located in the median of the Newport Drive right-of-way Page 4 of 8 West: Newport Drive right-of-way, then vacant, undeveloped land with a zoning designation of Commercial (C-4) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The site is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics ofthe land, structure or building involved? Yes. The approximately 40 year old Port of the Islands Resort and Waterfront Community is remotely located in an area that is approximately 12 miles east of the urban area of Collier County on the south side of U.S. 41. The proposed sign will replace an existing non-conforming sign. The proposed sign is smaller than the existing sign. It is proposed to have a height of 8 feet and 64 square feet; the existing sign has a height of 15 feet and an area of 80 square feet. The proposed sign will also have less sign copy than the existing sign. As previously stated, it will generally advertise one land use instead of 4 land uses. 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 of the variance request? Yes. As previously stated, the resort and waterfront community on the south side of U.S. 41 in the Port of the Islands is remotely located approximately 12 miles east of the urban area of Collier County. In addition, portions of this community are not visible to the motoring public on U.S. 41. c. Will a literal interpretation of the prOVISIOns of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant contends the signage is needed to create visibility for the motoring public along U.S. 41. Page 5 of 8 If a literal interpretation of the LDC provision is applied, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 64010 square feet. d. Will the variancc, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The purpose of the requested variance is to allow a larger than LDC prescribed sign of 12 square feet. The size of the requested sign, 64 square feet, is reasonable given the remote location of the Port of the Islands development on a major arterial road such as U.S. 41. While this is not the minimum, the proposed sign is smaller than the existing sign. It is 7 feet shorter and 16 square feet less in area than the existing sign. The proposed sign will also identify less land users, the "Resort and Waterfront Community," and will replace the existing sign that identities 4 land users: "Hotel, Restaurant & Bar, Marina and Visitor Center." c. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specitic to a site. The granting of this Variance request would allow the proposed sign to have an additional 52 square feet of sign area, or 64 square feet, thereby conferring special privilege upon the applicant. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: l. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective ofthe identity and creativity of the individual occupants. In staff s opinion, the requested off-premises sign advances all of these objectives. Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. Page 6 of 8 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.? No. There are no natural or physically induced conditions that ameliorate the goals and objectives of the regulation. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13664, Port of the Islands North (Union Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: 1. The off-premise sign size shall be limited to 64010 square feet. Page 7 of 8 PREPARED BY: H, AICP, PRINCIPAL PLANNER " ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 1b~ 7. WjJ~ STEVEN 1'. WILLIAMS ASSISTANT COUNTY ATTORNEY (j;;;~ ~ ~/J~- RA YM D V. BE LOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~.'-1TJ'/s~ sus-i\N M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: Jae~ JO P K. SCHMI , ADMINISTRATOR C UNITY DEVELOPMENT & ENVIRONMENTAL SE ICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARKP. STRAIN, CHAIRMAN J (1V1. '2~ 7UP) DAT" :2. If '0"1 DATE /-Z7-0cr DATE z. ~-O9' DATE ~jp9 /DATE DATE Tentatively scheduled for the April 14,2009 Board of County Commissioners Meeting. Page 8 of 8 RESOLUTION NO. 09 -__ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13665 GRANTING A VARIANCE FROM SECTION 5.06.04.C.16.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 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 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. 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, Port of the Islands Community Improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 64 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and Page 1 of2 WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 the Board hereby approve a variance from LDC Section 5.06.04.C.16.b.i, to allow a sign with an area of64 square feet, as requested in Petition SV -2008-AR-13665, filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13665 be recordcd 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 COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Steven T. Williams <.7 $ Assistant County Attorney 'i ~\.o I'/.' CPI08-CPS-00903111 Page 2 of2 AGENDA ITEM 9-D Cotty County - '- ~- -- - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-13960, PORT OF THE ISLANDS SOUTH (CAYS DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The applicant is requesting a Variance of 6 square feet from the maximum 12 square-foot area for an off-premise directional sign, as allowed in Section 5.06.00 of the Land Development Code (LDC), to permit an off-premise directional sign having an approximately 18 square-foot area. GEOGRAPHIC LOCATION: The subject property where the sign is to be located, Cays Drive, is located on the south side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSEIDESCRIPTION OF PROJECT: The sign variance is for a proposed off-premise directional sign that is to be located in the median of the Cay's Drive where it intersects with Tamiami Trail East (U.S. 41) as depicted on the map and plan on the proceeding pages. This variance is one of three different sign variance requests for the Port of the Islands, an approximately 40 year old community that is located approximately 12 miles east of the urban area in Collier County. The proposed sign will identifY the southern portion of the Port of the Islands, a residential and commercial waterfront community located in the remote area of eastern Page 1 of 8 , j ~ '" , , Zu 0", uu <( ~ '" , , Zu 0", uu <( '? ~ '" ~, ~; '. ; I ::i:: " gi~ :::---;=_'" 0.. .; ~ \ ' '\" ' " ' i i\! ! ~ 1 ~ 5 , , , .. , , l oi.. , , '" ! . ~ , , :e oi.. " 0: ,J ........'l1'.ilI'lONO'..n...., ~ '" , u '" u .. " \, H ~ '. ~ .. \11 ' , ~ ~ <.i i' Ii "[...."'" ~. J ,~~ i'! L, oi.. . " , <.i ~ u '" / u .. 1// " ~ TI'I''''1Il10~ / \1 -L- " ~, I I " , i aa I ~l "<'> , . . " ~ ~ ." 0 ~I " 0 0 . . . . u , u 1 I I .' -~ . I '" ~, , ~ a ~ ~ >;L-j / L_ ~ ~ - " - uz ~ . - - , , ~ a 0" : " , . g ~ , ", ,- "'\ ,0 ,.. . "c' U a.. <( ~ (!) Z Z o N >:> <0 ~ M '" <( " "" >:> " N > Vl " zi o f-- f-- W "- a.. <( ::2: z o I- <( o o ---l N o Z I- - en - I/ / ~.' ^ W . ,. I 1~1 / '., :>::: u - <t I~ _ ~ ~ ~ -r:-=-~ -3^I~O SA VL (f) N~lS " -T , , -',- , , , ., "-, "" 0' , 'co1 -, , , , , .'r,m_." , , , ;- , \ \ 'I , i , i :>::: u - <t Om .,j-f- w (f) I 1 0 z ,..-... => 0 0 z ..- (!] => -.;t I- 0 (f) <( 1 (!] W I- (f) ;::-1 (f) w " s: :::J <Ii '--" 2- 0 0 0> '" (j) <Ii >- <( n::: '" , . u. (f) 91 II to 1i' I >- ::> 0 V> "'I" () :>::: u <{ (!] I- W ..-----... ~ '" -g C,) '" 9 '" '" :l5 u c '" (() -g '0 00 Collier County. The sign will contain the community logo for the Port of the Islands and a street name for Cays Drive. The subject sign is proposed to be 6 square feet larger than the maximum LDC prescribed sign. The requested sign variance is trom Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 18010 square foot off-premise sign. AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: U.S. 41, a 200-foot wide right-of-way, Union Drive right-of -way and North Port Bay Planned Unit Development (POD). East: Vacant, undeveloped land with a zoning designation of Commercial (C-4) South: The Cay's Phase II, a multi-family residential development with a zoning designation of RMF-16 West: Vacant, undeveloped land with a zoning designation of Commercial (C-4) Page 4 of 8 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The site is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: 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 Port of the Islands is an approximately 40 year old community containing residential development and undeveloped commercial development. Furthermore, the community is remotely located in an area that is approximately 12 miles east of the urban area ofColIier County. 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 of the variance request? Yes. As previously stated, the residential and commercial waterfront community on the south side of U.S. 41 in the Port of the Islands is remotely located. In addition, portions of this community are not visible to the visitor's and guests traveling along U.S. 41. c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant contends the signage is needed to create visibility for the motoring public along U.S. 41. If a literal interpretation of the LDC provision is applied, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 18010 square feet. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Page 5 ofa The purpose of the requested sign variance is to allow a larger than LDC prescribed sign of 12 square feet. The size of the requested sign, 18010 square feet, is reasonable given the remote location of the Port of the Islands development on a major arterial road such as U.S.4L It is important to note that many signs identifying residential subdivisions such as this can be as large as 64-square feet, because the on-premise sign provisions can be applied. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of this Variance request would allow the proposed sign to have an additional 6 square feet of sign area, or 18010 square feet, thereby conferring on the applicant a special privilege. f. Will granting the variancc be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.0 1.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conductcd on the propcrty, and small enough to satisfY the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staffs opinion, the requested of1~premises sign advances all of these objectives. Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. 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.? No. There are no natural or physically induced conditions that ameliorate the goals and objectives of the regulation. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. Page 6 of 8 EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13960, Port of the Islands North (Cays Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: 1. The off-premise sign size shall be limited to no greater than 18 square feet. Page 7 of 8 PREPARED BY: L CH, AICP, PRINCIPAL PLANNER NT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~~ 7. uJiL- tor HEIDI ASHTON-CICKO ASSISTANT COUNTY ATTORNEY /~ (-J?) 2) !?k ;!i~, Co RA YM V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ 'rh.~ SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: ,. EPH K. SCHMITT, ADMINISTRATOR C MMUNITY DEVELOPMENT & ENVIRONMENTAL RVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachment 1: Port of the Islands Development Plan \Jrut Q3~ DATE .2 . if'01 DATE i/z.81'J~ ! DATE 2/3/09 DATE ~/ofJ;, . ( DATE DATE Tentatively scheduled for the April 14, 2009 Board of County Commissioners Meeting. Page 8 of 8 RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13960, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16.bj. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXJMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANFE 28 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 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. 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, Port of the Islands Community improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 18 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and Page 1 of2 WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 the Board hereby approve a variance from LDC Section 5.06.04.C.16.bj, to allow a sign with an area of 18 square feet, as requested in Petition SV-2008-AR-13960, filed by Robert 1. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands at the intersection of Tarniarni Trail East (U.S. 41) and Cays Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13960 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 COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Steven T. Williams s-r....>. l''''O' Assistant County Attorney Page 2 of2 AGENDA ITEM 9-D Cotty County -:c.... -_- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-13960, PORT OF THE ISLANDS SOUTH (CAYS DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The applicant is requesting a Variance of 6 square feet from the maximum 12 square-foot area for an off-premise directional sign, as allowed in Section 5.06.00 of the Land Development Code (LDC), to permit an off-premise directional sign having an approximately 18 square-foot area. GEOGRAPHIC LOCATION: The subject property where the sign is to be located, Cays Drive, is located on the south side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSEIDESCRIPTION OF PROJECT: The sign variance is for a proposed off-premise directional sign that is to be located in the median of the Cay's Drive where it intersects with Tamiami Trail East (U.S. 41) as depicted on the map and plan on the proceeding pages. This variance is one of three different sign variance requests for the Port of the Islands, an approximately 40 year old community that is located approximately 12 miles east of the urban area in Collier County. The proposed sign will identify the southern portion of the Port of the Islands, a residential and commercial waterfront community located in the remote area of eastern Page 1 of 8 . " 33 00 '0 00 00 ! 8 ,JJ , ~ '" , , Zu 0", uu " " i o ~ ~~'.,' :: =,_~ ::>" , c.. ~ ., o! ~ ~ ~ i ~ '" , u '" u "l " J "' "' o " u " " l__li I , ~ ~ ~ ~ --- ---zL-1 / z o ~~ mg ., -n~ ")\1 I ) /, / I I o ..Q.. l<;6 dJ '~-u--- , ! , i ~ i '" .. i - u "''''0''' ~. d",,~"___ ~ L.__ ~ 1 ~ '" u ~ -i-'-Ci-m- . o " " " " -=-;1-. ~ '" , , zu 0", uu " M ~ '" '" I ..J :e ~ ~- 1 '" ....""...'''"''' :e ~ ~ '" ;;. " , u '" u " <: TT>'''''0l1O~ / ~ - ~z 00 w -- '!< DO "'0 ~~ o , ~ a 8 0 " . ~ . j . 8 '!i .' o , ~\.;I-\CO " G\:IS M ~ '" '" a.. <( ~ (!) Z Z o N 01 , <0, enl ~I ~] ~I o N > Vl .. z o f-- f-- w "- a.. <( ~ z o r- <( o o ...J N . o Z: I- - en - :c~ / X W I 1 ---_.,--~\ ", / '" " -T , '--- _ n._-,-__ , , , ., "-, ::;, cj, , CoI -, , , , , , , , L_ ,,-... 0 ..- z :::> -.::t 0 CD f- (/) (f) ~ :::J '--' 0 CY> 0:: . tf) :.:: u . <( I ~ ~ ~ ~ ~-- -31\T~O ~St\'y'J_ (f) _ N~l$ :.:: u . <( Ow '<tf- w (f) o z => o rn f- (f) <{ w 00 "0 0 '<t 0 N '1" "0 1'0 t) '<t >- 0 II -1 = => ...., '0 N '<t W f- Cl I -::-1 ... <Ii 2- o 0> k '" '0 .. () '" 2 '" '" :J5 ~ '" (/) -g ." i:ii '" .,; >- ~ , "- '?I ~I 6 0' I >- OJ o Vl Collier County. The sign will contain the community logo for the Port of the Islands and a street name for Cays Drive. The subject sign is proposed to be 6 square feet larger than the maximum LDC prescribed sign. The requested sign variance is from Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.bj. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 1 H square foot off-premise sign. AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: U.S. 41, a 200-foot wide right-of-way, Union Drive right-of -way and North Port Bay Planned Unit Development (PUD). East: Vacant, undeveloped land with a zoning designation of Commercial (C-4) South: The Cay's Phase 11, a multi-family residential development with a zoning designation of RMF-16 West: Vacant, undeveloped land with a zoning designation of Commercial (C-4) Page 4 of 8 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The site is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: 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 Port of the Islands is an approximately 40 year old community containing residential development and undeveloped commercial development. Furthermore, the community is remotely located in an area that is approximately 12 miles east of the urban area of Collier County. 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 of the variance request? Yes. As previously stated, the residential and commercial waterfront community on the south side of U.S. 41 in the Port of the Islands is remotely located. In addition, portions of this community are not visible to the visitor's and guests traveling along U.S. 41. c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant contends the signage is needed to create visibility for the motoring public along U.S. 41. If a literal interpretation of the LDC provision is applied, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 18010 square feet. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Page 5 of 8 The purpose of the requested sign variance is to allow a larger than LDC prescribed sign of 12 square feet. The size of the requested sign, 18010 square feet, is reasonable given the remote location of the Port of the Islands development on a major arterial road such as U.S. 41. It is important to note that many signs identifying residential subdivisions such as this can be as large as 64-square feet, because the on-premise sign provisions can be applied. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relieftrom the zoning regulations specific to a site. The granting of this Variance request would allow the proposed sign to have an additional 6 square feet of sign area, or 18010 square feet, thereby conferring on the applicant a special privilege. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.01.A. ofthc LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: I. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endangcr public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfY the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staffs opinion, the requested off-premises sign advances all of these objectives. Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. 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.? No. There are no natural or physically induced conditions that ameliorate the goals and objectives of the regulation. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. Page 6 of 8 EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13960, Port of the Islands North (Cays Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: 1. The off-premise sign size shall be limited to no greater than] 8 square feet. Page 7 of 8 PREPARED BY: L CH, AICP, PRINCIPAL PLANNER NT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~~ 7. u1L .for HEIDI ASHTON-CICKO ASSISTANT COUNTY ATTORNEY .' A U7) 7) I1fj~- RA YM V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '-rY). Jd~/y,-UJ SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: EPH K. SCHMITT, ADMINISTRATOR C MMUNITY DEVELOPMENT & ENVIRONMENTAL RVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attaclunent 1: Port of the Islands Development Plan \ Jav\. Q3.AXf) DATE' ) . L('Oi DATE i/2.F! !-:J~ ! DATE :2/3/09 DATE ~/ofj;r . ( DATE DATE Tentatively scheduled for the April 14, 2009 Board of County Commissioners Meeting. Page B of 8 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13960, GRANTING A VARiANCE FROM SECTION 5.06.04.C.16.bj. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANFE 28 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 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. 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, Port of the Islands Community improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 18 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and Page 1 of2 WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 the Board hereby approve a variance from LDC Section 5.06.04.C.16.b.i, to allow a sign with an area of 18 square feet, as requested in Petition SV -2008-AR-13960, filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Cays Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13960 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 COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN By: Approved as to form and legal sufficiency: Steven T, Williams S-f....>. . 2.(..0, ASSIstant County Attorney Page 2 of2 , AGENDA ITEM TITLE: ~.. v- ;? Dot ~ ;jff- /39 60 AGENDA ITEM NUMBER: 11) PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. REPRESENTING: PETITIONER: ADDRESS: 380 SIELer'! fY114j:(1S' D~, AI ,ft-:2 {poL NJ1/)LES/ rC,3Y/IV OTHER: .s~e: CF NAME: !,EJ{OY <::)1111/11 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 9-E Cotty County .. ~-- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: FEBRUARY 19,2009 SUBJECT: PETITION CU-2008-AR-13661, CENTER POINT COMMUNITY CHURCH PROPERTY OWNER/AGENT: Owner: Center Point Community Church of Naples, Inc. 6590 Golden Gate Parkway Naples, FL 34105 Agents: Matthew McLean, PE Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34105 Doug Lewis, Esquire RoetzeI and Andress Trianon Centre, 3rd Floor Naples, Florida 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use of the Estates (E) Zoning District, as specified in Subsection 2.03.0LB.1.c.l of the Collier County Land Development Code (LDC), to allow a church facility. GEOGRAPHIC LOCATION: The approximately 4.58-acre subject parcels are located on the south side of Golden Gate Parkway (CR 886), between 66th Street SW and 64th Street SW, in Section 30, Township 49 South, Range 26 East, Collier County, Florida (see the location map on the following page). PURPOSEIDESCRIPTlON OF PROJECT: Located in the southeastern corner of the Golden Gate Parkway (CR 886) and 66th Street SW intersection, Center Point Community Church is an existing house of worship, which was granted Provisional Use (now called Conditional Use) approval in 1977 by Resolution No. PU- CU-2008-AR-13661 Page 1 of 9 , -"" ,-------r~ J ~ j ~ : 3SrtOHen-o ~I ,- .L33l:U.S4,;.9 a.. 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' : ,~ I ::ii,1;l ~ : :::, : = u I :!i \ : ~ :j~ I: "; :.;::: II p.; r-C ! ii i I : = r- i ,;: : I '-" , lli I : I' '" : : ! ,:,I,ll 0 ~ l! I' : I __ __ '" I 1\ I : -... I: \\: :, _ J O_/L___, ____'''''' "":'"'" - [111-- ; ! t__~~______~__~______,~-~-=-i--t=--'---~~,,~-~.-e~---~---- ------~~---ti$- ----' '- mn' .' "d c ~ d 'MSlS ill,'- --, -- ., - . ~ · .-" J [~ r.r.4 ~ , ~ .....l p., f.L1 E-< ....., r/J .....l --< o E-< p., f.L1 U ~ U f.L1 r/J o .....l --< r.r.4 Z o ....., E-< ....., Q Z o u ~ ~ U >-< E-< ~ ~ o U E-< Z ....., o p., ~ f.L1 E-< Z f.L1 U 77-3C. In 1991, a second resolution, No. 91-111, granted Provisional Use approval on the two parcels immediately east of the church site for church-related facilities; however, as a condition of approval, any future expansions on the parcels were required to seek another, new Provisional Use. Because the Center Point Community Church would now like to construct an approximately 34,551 square-foot youth, worship and administration facility on the site, they are pursuing the requisite Conditional Use approval; and as part of the Conditional Use, would also like to incorporate a third parcel, adjoining the eastern boundary of the prior two (as seen in the aerial photograph below), in order to locate the site's storm water management area, septic field, and required native preserve there. Presently the subject parcels, cumulatively approximately 4.58 acres in area, are occupied by two single-family dwellings, both of which are proposed for demolition. Aerial View of the Site As shown on the Conceptual Site Plan on the preceding page, entitled, "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc., and dated July 2008, as revised through January 28, 2009, vehicular access to the site would be provided from travel aisle connections to two existing access points on the church site's 66th Street SW frontage, and from a single direct access point proposed along the subject property's 63rd Street SW frontage. Pedestrian access would be afforded from a pathway connection to the existing six-foot wide sidewalk along Golden Gate Parkway. The proposed 34,551 square-foot building would be located along the western boundary of the subject property, 58 feet east of the nearest building on the church site. It would be set back a minimum of III feet from Golden Gate Parkway and 268 feet from 63rd Street SW (its two front yards); and set back 230 feet from the site's eastern boundary, its only side yard. These setbacks would far exceed the standards for the E Zoning District, which require 75-foot and 30-foot setbacks, respectively. The structure would be two-story, with a maximum height of 30 feet, as prescribed by the E Zoning District. Parking spaces would surround the building's northern, eastern and southern sides. Along the CU,2008,AR,13661 Page 2 of 9 length of the subject property's eastern boundary, where it abuts a single-family use parcel, a 0.78-acre stormwater management area, 0.38-acre septic field and 0.59-acre native preserve would be located in order to further separate the proposed building from the neighboring home. A 15-foot Type B buffer would form a transitional screen along this boundary, and a minimum six-foot high masonry wall or fence would also be required. The remaining perimeter landscaping would be comprised of Type D buffers, 15 feet in width along Golden Gate Parkway, reduced to 10 feet in width along 66th Street SW and 63'd Street SW, as required by the LDC. SURROUNDING LAND USE & ZONING: East: South: West: Golden Gate Parkway, then single-family home and vacant lots within the E Zoning District Sinjle-famiIy home within the E Zoning District 63' Street SW, then single-family homes within the E Zoning District Center Point Community Church within the E Zoning District North: GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property, as identified on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP), is within the Estates ~ Mixed Use District, Conditional Uses Subdistrict land use designation. The Conditional Uses Subdistrict in the Estates ~ Mixed Use District contains specific provisions for Conditional Uses in Golden Gate Estates, including Conditional Uses on Golden Gate Parkway. The relevant portions of that provision are below: . Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway. there shall be no further conditional uses for properties abutting Golden Gate Parkway. between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; and, except as provided in subparagraph I., below; and, except for essential services, as described in paragraph a), above. . Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; and, except as provided in subparagraph I., below; and, except for essential services. as described in paragraph a), above. 1. In consideration of the improvements associated with the interchange at Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 661h Street S. W. may be expanded in acreage and intensity along the south side of Golden Gate Parkway to the east of 66'" Street S. w., but the total project area shall not exceed approximately 9.22 acres (see Golden Gate Parkway Interchange Conditional U,es Area Map) [emphasis added]. The subject property combined with the area of the existing church site comprises the 9.22 acres noted above. In addition, FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety, but notes that in reviewing the appropriateness of the requested uses/densities on the subject site, the CU,2008-AR-13661 Page 3 of9 compatibility analysis is to be comprehensive and include a review of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, et cetera. In order to promote "smart growth" policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Staff Comment: As depicted on the conceptual site plan, the project has access onto Golden Gate Parkway through two access points on 66th Street SW) Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Staff Comment: As depicted on the conceptual site plan, the project maintains two access points from 66th Street SW for both ingress/egress that connect to Golden Gate Parkway. The conceptual site plan also indicates that there will be an additional access point along 63rd Street to further improve ingress/egress.) Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Staff Comment: As depicted on the conceptual site plan, the project provides connections to adjacent properties.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (Staff Comment." As depicted on the conceptual site plan, there is a six-foot pedestrian sidewalk fronting the northern propert.y boundary along Golden Gate Parkway. Pedestrian improvement.s per the IDC will also be included in future development plans for the propert.y.) Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the GGAMP. Transportation Element: The Transportation Services Department has reviewed the applicant's Traffic Impact Statement (TIS) and has found the site-generated traffic to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. However, as a condition of approval, has required that the church employ a police presence to control Sunday (or Saturday) peak-hour traffic. The southbound left-in at the project's northerly driveway would also need to be closed, either by a barricade or the police, during Sunday and/or Saturday peak-hours in order CU,2008.AR-13661 Page 4 of 9 to prevent vehicles from queuing onto Golden Gate Boulevard. The TIS did not analyze weekday school activities or daycare, so such activities have been prohibited in the Conditions of Approval (Exhibit C to the resolution). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The proposed expansion of the existing church facility is consistent with the provisions of the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan. In addition, churches/places of worship are allowed as Conditional Uses in the E Zoning District of the LDC. With the conditions of approval recommended by staff, this petition may be found consistent with all of the applicable provisions of the GMP and the LDC. 2. Ingress and egress to the 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. Transportation Planning staff has reviewed this petition and determined that ade~uate access to and from the property would be provided from its direct access point on 63' Street SW and from the church's two existing access points on 66th Street SW. Although the applicant has proposed to build sidewalks elsewhere in the community in-lieu of constructing those required within the abutting rights-of-way, pedestrian access to the site would be provided by a connection to the existing six-foot sidewalk along Golden Gate Parkway. Since the exact location of this pedestrian connection has not been specified on the conceptual master plan, staff has included a condition of approval requiring its depiction at the time of site development plan review and approvaL Staff has also added a condition of approval requiring the church to provide law enforcement (or a law enforcement-approved service provider) to aid in controlling traffic during services and other events of significant traffic generation at any location to be determined necessary by the Collier County Transportation Administrator or his designee. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously noted, the proposed building would be separated from the neighboring residential use to its north and south by roadways, and from the single-family home parcel to its east by a generous 230-foot setback yard containing the site's stormwater management area, septic field and native preserve. In addition, the standards of the LDC would require the provision of vegetative buffers around the entire church site's perimeter, and a masonry wall or fence along the subject property's eastern boundary to reduce the potential impact of noise and glare on the home located there, pursuant to Section 5.03.02.E, Fences and Walls, of the CU,2008,AR,13661 Page 5 019 LDC. As such, impacts on the surrounding properties would be minimized. However, it should be noted that the applicants have expressed their intent to seek an administrative waiver of the wall requirement at the time of site development plan (SDP) review and approval, as the affected homeowner is reportedly supportive of a chain-link fence. Nevertheless, staff will evaluate the appropriateness of the waiver for the effects oflight and noise at the time the administrative variance is submitted. 4. Compatibility with adjacent properties and other property in the district. As previously noted, the house of worship has been in existence since the late 1970s. Furthermore, the proposed building would be separated from the neighboring single-family home parcel by a minimum distance of over 230 feet, and further buffered following the installation of appropriate transitional screening and a six-foot high masonry wall or fence (unless an administrative waiver for the wall is granted because of mitigating factors). Because of its location, the limited nature of the proposal, and the provision of the required buffers and wall or fence, any impacts on the surrounding neighbors would be minimized and compatibility insured, as required by Policy 5.4 of the FLUE. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties. the EAC did not review this petition because no protected species or wetland impacts were identified on the site. NEIGHBORHOOD INFORMATION MEETING (NIM): (Synopsis provided by Cheri Rollins, Administrative Assistant) The meeting was duly noticed by the applicant and held on October 27, 2008 at 6:00 p.m. at the Center Point Community Church. Twelve people from the public attended, as well as the applicant's team comprised of Doug Lewis from Roetzel & Andress and Matt McLean from Agnoli, Barber & Brundage. Mr. Lewis presented an overview of the request to construct a two-story, approximately 34,551 square-foot youth, worship and administration building in the present location of the church's parsonage. Residents expressed concern regarding the increased traffic the new building would generate on 63rd Street, as they claimed it was already congested and a new access driveway from the site would only exacerbate this situation. They also favored the installation of a traffic signal at the intersection of 66th Street and Golden Gate Parkway (or a right-turn only), and suggested that a police officer be assigned to direct traffic at the intersection if no signal was installed. The petitioners explained that the Collier County Transportation Department would require them to conduct a traffic study to determine if a traffic signal would be necessary at that intersection. Several residents expressed concern about drainage issues the project might cause. One owner claimed that the swales along 66th Street SW were already not functioning properly (see Appendix 3); however, in an email to the applicant, the property owner to the immediate east, who would end up sharing a boundary with the proposed facility if it were approved, stated that water from the church site already sheet flows across her yard. The petitioners responded by stating that they would have to work within the South Florida Water Management District CU,2008,AR-13661 Page 6 of 9 regulations at the time of site development plan review, but believed that the proposal would help the overall drainage issues. Mr. McLean added that he would be more than willing to meet with homeowners to see what the project might do to ameliorate the area's drainage issues. Finally, some residents complained that the proposed building was essentially a "commercial building" that, if approved, would set a precedent for the conversion of their residential neighborhood into a commercial area. The adjoining property owner to the east made a point to register her opposition to the project because she did not want a 30-foot tall "commercial" structure next to her house. However, the applicant has since informed staff that a subsequent meeting was held with this resident in which it was revealed that she erroneously believed that the proposed building would be located along her property's boundary. Now understanding that the building will be set back 230 feet from the property boundary, she is reportedly supportive of the project. The meeting ended at approximately 7:15 p.m. Staff has received two letters of support from the Golden Gate Area Civic Association and the Golden Gate Estates Area Civic Association, which have been attached to this report as Appendices 1 and 2, respectively. RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-200S-AR-13661 to the BZA with a recommendation of approval subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc., and dated July 200S, as revised through January 2S, 2009. 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. The maximum area of the proposed building shall be limited to 34,551 square-feet. 3. The church shall provide traffic control by law enforcement or a law enforcement- approved service provider for Saturday and Sunday peak hour traffic 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 southbound left-in at the project's northerly driveway shall be closed during Sunday and/or Saturday peak-hours to provide adequate vehicular storage capacity for traffic entering the site from queuing on Golden Gate Boulevard. This shall be accomplished either by a barricade or by law enforcement or a law enforcement-approved service provider, as authorized by Collier County. 5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide a five-foot wide pedestrian connection to the site from the existing six-foot sidewalk along Golden Gate Parkway, with the exact location to be determined by the County CU,2008-AR,13661 Page 7 of 9 Transportation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. 6. Prior to Site Development Plan approval, a build-in-lieu contribution shall be made by the property owner to the County for the otherwise required sidewalks within the abutting 66th St SW and 63rd Street SW rights-of-way. 7. No schools (8211) or daycares (8351) shall be permitted on the site, except those accessory uses customarily associated with church uses. ATTACHMENTS: Exhibit A: Findings of Fact Appendix 1: Golden Gate Area Civic Association letter Appendix 2: Golden Gate Estates Area Civic Association letter Appendix 3: Resident's email regarding stormwater CU-2008-AR,13661 Page 8 of 9 PREPARED BY: 1/2-3/01 JOHN- VID MOSS, AICP, PRINCIPAL PLANNER DATE , DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: J /3'0 kr RA ND ~BELLOWS, ZONING MANAGER I DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~. /5&/fl.-VV' z/z/or; SUSAN M. ISTENES, AICP, DIRECTOR 'DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~7.W~ STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY ;2.';2-6'( DATE APPROVED BY: J S PH K. SCHMITT, ADMINISTRATOR o MUNITY DEVELOPMENT AND VIRONMENTAL SERVICES DIVISION -'!.:2-!d1 , DATE Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the March 10,2009 Board of County Commissioners Meeting CU.2008,AR,13661 Page 9 of 9 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-1366I The following facts are found: 1. Section 2.03.03.C.5 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 findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exhibit A ~nUlen ~ate .Area (ltiuit l\sl1ndatinn 9-13-08 Golden Gate Area Civic Association 4701 Golden gate Parkway Golden Gate, FL 34116 Re: ABB PN 08-0010 Conditional Use Application for Center Point Community Church To Whom it may concern: Please place this letter in the record of the rezoning application referenced above. Please use this letter to confmn that August 25th 2008, the Golden Gate Area Civic Association Board reviewed details of the plans and voted in favor of supporting this application. The August 25th GGACA Board Meeting Minutes are posted at the associations web site: Http//www.goldengateisgreat.com. If you have any further questions call me; Rick Sims GGACA president 2008 ; ( CELL 239-494-2228 ). Sincerely, ~~ Rick Sims, GGACA President 2008 APPENDIX 1 Golden Gate Estates Area Civic Association P.O. Box 990596 Naples, FL 34116-6002 October 1, 2008 Re. ABB PN 08-0010 Conditional Use Application for the Center Point Community Church, 6590 Golden Gate Parkway To whom it may concern; Having considered the application of the petitioner and the recommendation of the Golden Gate Area Civic Association, the Officers, Board of Directors, and membership of the Golden Gate Estates Area Civic Association have voted in September 2008 in favor of supporting this project and application. GGEACA feels the Center Point Community Church project is a fully compatible use and will be an asset to the community. If additional infOlmation is needed please contact me at the above address or my cell at 239-641-5414. Sincerely, Timothy Nance, Pres. GGEACA APPENDIX 2 Page lof2 APPENDIX 3 From: Steve Gunden [sgunden@comcast.net] Sent: Tuesday, December 02,20083:00 PM To: Matt McLean Cc: 'Nick Klein' Subject: RE: Center Point Community Church Follow-up Attachments: DSC00097.JPE; DSC00100.JPE; DSC00309.JPE; DSC06932JPE Matt, thank you for your reply. We are painfully aware that the Collier County Stormwater Department is the entity that is responsible for maintaining the roadside swale. Since the completion of the modifications, we have called them requesting that the swales be mowed on numerous occasions. Responses have been given indicating that the mowing cycle is approximately 30 days. Our experience is different from that figure. I have attached some photos of the before, during and after conditions of my swale. Prior to the modifications, I was able to mow the entire area with a riding mower Now you must use a weed eater or some specialized ditch mowing equipment. Amazingly, because this was a road project, the LDC did not apply. Transportation was allowed to store and treat stormwater in roadside swales steeper than 4: 1. A significant amount of material was removed from the swale. My concern continues to be about safety and maintenance. We pay taxes and assessments for mowing Golden Gate Parkway but the water quality treatment area is left for the landowners to maintain. Other roadways in the county that have water quality treatment areas (Livingston Road is the closest) have lakes and fountains that are maintained in park-like settings. This design was a mistake, if not illegal, and the ongoing system maintenance required by the District permit a mess. Frankly, I would like to find out if the 3:1 side slope was exceeded. As you get closer to the canal and the swale gets deeper, the numbers have to get close. Ditch maintenance is difficult commencing from my neighbors directly to the north and continues to the canal. I can meet you most anytime you are available We will continue to support the Church in their pursuit of the conditional use permit. We do not expect the Church to "fix" anything that is currently broken, but do not want the existing drainage problem to be exacerbated beyond the mess that exists today Best Regards, Steve Gunden From: Matt McLean [mailto:mclean@abbinc.com] Sent: Tuesday, December 02, 2008 9:07 AM To: sgunden@comcast.net Cc: Nick Klein Subject: Center Point Community Church Follow-up Mr. Gunden, We appreciate your support of the Center Point Community Church development plans. I wanted to follow-up with you based on your offsite drainage concern identified at the Neighborhood Information Meeting for the Center Point Community Church Conditional Use Application. Over the past month we have confirmed that Collier County, specifically the Public Works Stormwater Department, is in fact the Operation and Maintenance entity for these swales. The contact at the County for such concerns is Jenny Kander at 252-8924. I also spoke with one of the field representatives Travis from the County. He indicted that if the swales have been 1/29/2009 Page 20f2 blocked or not maintained to call him at the same number. The swales should be constructed with a side 3: 1 side slope and a 1.5 ft flat bottom. If the swale in your front yard has slopes steeper, then the County is responsible for restoring them to them to the approved design. Please let me know if you would like to meet at your residence to review the swale system from your house to the canal. We appreciate your input and look forward to your continued support of the Church. Matthew D. McLean. P E Agnoli. Barber & Brundage. Inc. 7400 Tail1iami Trail North Suite 200 Naples, FL 34108 239-597-3111 ext.262 239-566-2203 fax http://www.abbinccom mclean.@abJ::>loc.com No virus found in this incoming message Checked by AVG - http://wwwavgcom Version: 8.0.176/ Virus Database 270.9.12/1824 - Release Date 12/2/2008931 AM 1/29/2009 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A YOUTH MINISTRY SANCTUARY WITH SUPPORTING OFFICES AND YOUTH MEMBER SOCIAL ACTIVITIES RELATING TO THE EXISTING RELIGIOUS FACILITY WITHIN THE ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.B.1.C OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, 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 (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a youth member sanctuary with supporting offices and youth member social activities related to the existing religious facility within the Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements goveming the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection IO.08.00.D. of the Land Development Code; 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: Petition Number CU-2009-AR-14137 filed by Matthew McLean of Agnoli Barber and Brundage, Inc., representing Center Point Community Church of Naples, Inc, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a youth ministry sanctuary with supporting offices and youth mmistry social activities related to the existing religious facility within the Estates (El Zoning District pursuant to Subsection 2.03.0 1.B. l.c of the Collier County Land Development Code, in accordance wIth the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhiblt "D". Exhibits "B", "c" and "D" are attached hereto and incorporated herein by reference, 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 ,2009. ATTEST: Dwight E. Brock, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams S~1'.oq Assistant County Attorney I' 2 Exhibits attached: A. B. e. D. Findings of Fact Legal Description Conceptual Site Plan Conditions 3 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2008-AR-13661 The following facts are found: 1. Section 2.03.03.C.5 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 findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: Exhibit A Datel 5/12/1C08 7imel 1:59 PM ~Ot iii 25':1.5124 Ilk].. Nap19S Fax Pagel J ~;;,~~..,.~..,.,... . -'~~ - ,';_..." .,.., ~.- .'. -. . . ..,....' .~,' \" " $".., :.~".... ,- ~"."........,., , .. ,. ~ ~'. ~... p.....""'" ':': .' ~. . '. ~, . ".:"',~:.~.~._"""~- :~'. ~ Wcrl'l'crnf:J PRII (XlO,O;) INT Modo"". /3 INO== . ..... nB1)D1' Kl.nOHt:r u.. CA.lHEM A.. sa e.t.~e b1 ek. ~.clr~tt.a JJccJ ""yol Feb1'UA1'Y ."'0.1989 KAYSON&T, H~.b.~d 4n. Wife .. 00 ",0 g:- o :>< = Aod Iho Gr..... CUC! JIILE. CllUI.CB. OF JlA,!!L!S, tNC.. .. flodd.. corporation '" "" % " ~ .~ N a: <> N U ~ W ~ '" is whole pasl office adcnss II> U'!IO Coldn Can 'ark...af, ..,1n. yla~d~-.nT99 W......., 1hIt the Gr&MoI'. Iar and In c.oNidsrlltlgJl oIlh~ .um '" TEN 00tLARS AND OTHER VAWABlE CONSIoEaATIONS In haM plid bv IN Grwte, fcaipl whentDf i.hereby ~. kerebv COrN. to 1M Gnntee the _I ptq)ef'ty In CoIIiec' County. FlorId', dneribld I$t ___~Th. V.at 75 feet of tile. ;est 150 fue of Trat:t 86, Onit 19, GQtDtI elfl tSTAT~St ac~atdial to tb. plat tbe~.of reeor~e. 1~ '1at Baok 7. ralc 57 of tbe pa\llc accords Qf callier COQaty. Flor1da.----- = C> SUJJEet tv a&se..a~., ~e.trietio~. and res.rvations of ceeo~d. Tll In_ " ".. ..,= "'''' '" '" ,.. I;; '" <> u ffi ::; ... <> C> U '" <.0 on .,... o~ Atw1. 1M sold GuriDr doa ~nQIrt o. 01 ~ that lowfuI Mictn of and ~ right to cocwey that ~ QN Grantor. Ond lid the GtonIor herebo,o Iuny IIOrJOl'llS the Htie to said IOnd ClI'\d will diCfend Ih. ,,_vgolnst Iha lOlduI claims of 011 JicnanI~' _. S1ped I" ... cw-- II; ~~~/~ J '17t:~ <sfALI <suU WET <SEAl) I WElUY CEITIFY thai 011 Ikl, day ~11y .~lIr.d befOf'e ......, al\ oHal admk..;s.1er 0I1M.tad 11M acIw:IwbcJgm~. ratDUY HA1S0VET ~ad cAIKtM A. HAYS eN!! ~..-: .~~ r:J>>:<S:,I.{;.~c. rJulyieizfllltt STA"IE OF n.olID& CQUNn Of COL1.1 a ~ 10 me wrll know1t to hi' 1M ~rlQr\ descrl~ .s-.Gr.ntOf and who exewtW the foregoiftg dud. and ",~dged before me th., ~ per10tl ..KUlltd In. ,..... fteely ,net volunlilfily !g, t~.Pur~e ~!.i'dwreia eJlf:ll'~ '.. l~". ~m p ~ o~~~~WlTNeSSrny"'l'd ,,..dJeallh',s ):3 d~O / 'v..[eb1jux.{! .~P:I~ i,,\.. ~:-~'.:"~~MyCommbllon&pires: _8."J ~.tJ.l.1I#';J.~) Cl .- ii:~IloU"~ Not .~ ~....'"t-r'\.~.~:\. (1'fQ'l~~~ ? CI:...,.I . .. -. . .~. r.:;;::: TbIo~nt~;';.;.:JI.C;;.':'~lt-;.GlO1. r:z::(:-,;;~ ~ '" CJS~ ...:-'''':..~~...::.-:.:....~- .....z ~~_."..~ i. i.}"........ ~1'L""":'..r....- ~...-~__,...;l.;...~~:;~_ Exhibit B Date! 6/12/2008 T1~t 2:59 PM To! \I 35')')724 I..... Nap16lJ Fax ~1~~~:~:?~~f9.~;':~'~~ , ,~ ! '.r, ;~"_'->: ,.,-,," Warral1t,'j /tI .1:)""J ~nas~~.ri>;' lNO_ m ~l.lA lUA U.NtOs, a lI1usle VOlllan fcbrtla'Cy .A.O.19 89 d",of IhIGrat\tor OF UAPL!S, lIC.. a Florida corporat10ft '" oAad Cl&CE IIIL! CRute! iE w N.~ IheGrtnlat ('of 8....-how pD5' of Rat IcldtW 1'-'6590 Golden Cate 'a"k.,ar, Kaplu, Florida 33999 = w ~ . r:z:: ~ Thallhlt G.-."tor. far and in COft&lderahOr\ of IhllIUln 01 TEN DOllARS AND aTKa: en VALUAal..E CONSIOEIATlONS in hind p'ld by the Gr.fttee-. receipt whnol ill herebv adc:Mw\edged. ~ ~ebv conveys 10 the, GrantM: !he ,... property In Collier Ccurlly, Ftwid.. dualbei:llSl _____Tba Ea8t 1~ f~et of the Weat 150 feet ~! tract 8'. COLDE. GATE ESTAT!S. UDlt 10. 29. aeeordinl t~ the Flat thereof .a recorted 1ft Plat BDOk 7 at '.Se 51, of the Ptlb1it:. aacEI'td. of tdlilllt' COtl\\t)'. i10:r14a.---- '" = = = In '" SUIJECT to ea.e..Qt., restrictions and re.e~y.tio~s of r~cord. ~AX ID '3al082S0~08 = () ~ ~t Op \)\ AId h sokI Gf'DIttOI' don ~ uA ctKYl'Ilbtonc-n. that 6awtuJ ~!iin of al'IIf good rlghIla ~ !hat prapeIty en . aNi thctI the Grantor hu~ fuRy W'OI1OI'Its the Ii'" to said kW.d ond will ddcn:t.. some 91nst Itte Iowful doims of ad prrsonl ~ _. 5.... in tM ,.... of; '1i:.~'}J!:; ~I ~ fJ;. ~aW) X.U.u. UtA SAK'l:OS Sf"1I Of noullA COUN1Y O' COLLIJ.B. .....~. ~...""" ...-- ~ ...'-""":'.:ftI.~~.~,,$. ~~I}J"'"~Vo" O?t,,~(. cLI.,aulhof-i:t:dto I HQElY CHTIFY that on !his day ~Iy .appeared befor. mil, ." oFfKzI edmini$tef 1)11ha,-arod t.ke acu-!.:Igmanb. 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'=.1 S ~! ~, l I i ~nl!l I ~S~t!1 i~ I ' Ilih!lh I diUlUi I ! lii.'11 I l'ii'lfl- I ! ~ ill;~I!1 i ill!;il, i i~ II' o I~ lh i I i!il..1 ! i i 1~~!li!11 I 1111~~l~l~ I! II o lil& !i" ~l~!!'~ ,I ! ;- l': ;;' ~ ... iJ-1 ! !II 110 H! ~I i '! o . . ~ I ' h ~. .... r 0 ~ ~ ~ . !" . 'I" !r :i ~ f ~ ~ ~ > ~ ill n~ "-"-"-"-~";Tm~;-7;~-"-" --'-"-"-"-"-"-'- II il iJ-1 ./ P!RKiN.? ARU. e ~ z ~ ~U~; n.. ~ ~ iJ-1 I il ii~ ) o~ ~. " J ~ -.:_....;- 'I ,,~ ~ ~S~;;~ z%~" ~~ ~ z ~ ~ , ~ B ~ ;; ~ 138~ ~~~ ~~:; u .... :c :.a ~ ~ ~ >-1 p.., "-1 f-< f-< [/] >-1 ~ p.., "-1 U Z o U "-1 [/] ~ >-1 --< f-L1 Z o f-< f-< 0-< Q Z o u ::r:: ~ u >-< f-< ~ ;;s o U f-< Z f-< o p.., p::: "-1 f-< Z "-1 U EXHIBIT D CONDITIONS OF APPROVAL CU-2008-AR-13661 January 30, 2009 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Center Point Community Church-Conditional Use Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc., and dated July 2008, as revised through January 28, 2009. 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. The maximum area of the proposed building shall be limited to 34,551 square- feet. 3. The church shall provide traffic control by law enforcement or a law enforcement- approved service provider for Saturday and Sunday peak hour traffic 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 southbound left-in at the project's northerly driveway shall be closed during Sunday and/or Saturday peak-hours to provide adequate vehicular storage capacity for traffic entering the site from queuing on Golden Gate Boulevard. This shall be accomplished either by a barricade or by law enforcement or a law enforcement-approved service provider, as authorized by Collier County. 5. Irrespective of that shown on the Conceptual Site Plan, the property owner shall provide a five-foot wide pedestrian connection to the site from the existing six- foot sidewalk along Golden Gate Parkway, with the exact location to be determined by the County Transportation Planning Department at the time of Site Development Plan review and approval, pursuant to the requirements of the LDC. 6. Prior to Site Development Plan approval, a build-in-lieu contribution shall be made by the property owner to the County for the otherwise required sidewalks within the abutting 66th St SW and 63rd Street SW rights-of-way. 7. No schools (8211) or daycares (8351) shall be permitted on the site, except those accessory uses customarily associated with church uses. 1-' , , AGENDA ITEM TITLE: 9E. AGENDA ITEM NUMBER: \ '::, ~C \ PLEASE PRINT CLEARLY PLA~PLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ~Z/1/VN'c:' t:2'Jt ~ ADDRESS: 2 7/3 fv{.. 57.4 '< ~", ,5 Co../' 174/J "> l~i3 'IIC.:;- REPRESENTING: PETITIONER: ~ 1&.\ S \-\ ~ cr\t-. OTHER: 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: CU- dOO7-Al?- J3&~' AGENDA ITEM NUMBER: ~ 'I E. PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: Fd KOEJ<.T ADD~: :(9).'1 bc{1.4,<)f SW. REPRESENTING: r .: ~g ~ CJ/.c.rn1llLl Sro ~ OTHER: 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:G U. .1.{)m' ~ AJZ. ~ I 3~ ~I c;' - AGENDA ITEM NUMBER: ~1 t: . PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. -:AA ,d.el 5',.\ M. ~l (U~ ADDRESS: ---<J{ ~ (p 3 ,-JT ' VU I , OTHER: ~j Dwf1e.Y - NAME: I.f if' )e 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: C-l)' 200'6 / .4 ~ / \l,L" - AGENDA ITEM NUMBER: c; ~ PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ~ t?o hi' f~t U l(l~~ ADDRESS: ::'C) 'S'S LL{f4. S i -- .. -/ ':::J E:. L~ c-. I JI/V y'rRDpnA V 0'-<.) I\J e )'- REPRESENTING: PETITIONER: OTHER: 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.