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Agenda 05/13/2013 Item #17A
5/14/2013 17.A. EXECUTIVE SUMMARY Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, an Ordinance amending Ordinance Number 2009 -15, The Heavenly CFPUD, to revise the accessory uses to increase the maximum grade level for a school from third grade to eighth grade; and to replace all references to third grade with eighth grade in the developer commitments for property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93± acres; and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting an amendment to the current Heavenly Community Facility Planned Unit Development (CFPUD) zoning district for the purpose of adding five grade - levels to the permitted use of a school, without increasing the maximum number of students. The CFPUD currently permits the use of a school, limited to first grade through third grade, among other uses. The amendment would permit first grade through eighth grade. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The GMP is the prevailing document to support land use decisions such as this proposed CFPUD Amendment application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the Future Land Use Element and the Future Land Use Map designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Rezone may also be found consistent with the GMP Transportation Element and the Conservation and Coastal Management Element. Packet Page -3835- 5/14/2013 17.A. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on February 21, 2013. A motion was made by Commissioner Homiak, seconded by Commissioner Ebert and, by a vote of 7 to 0, (Commissioner Keene was excused and there is a vacancy on the CCPC) the CCPC forwarded this petition to the BCC with a recommendation of approval. Because the CCPC recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a PUD Amendment. The burden falls upon the applicant to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the GMP. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. Packet Page -3836- 5/14/2013 17.A. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? Packet Page -3837- 5/14/2013 17.A. 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Bord must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approve the request subject to the attached PUD Ordinance. PREPARED BY: Fred Reischl, AICP, Senior Planner, Planning & Zoning Department Attachments: 1) Staff Report 2) Back -up information 3) Ordinance Packet Page -3838- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 5/14/2013 17.A. Item Summary: Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, an Ordinance amending Ordinance Number 2009 -15, The Heavenly CFPUD, to revise the accessory uses to increase the maximum grade level for a school from third grade to eighth grade; and to replace all references to third grade with eighth grade in the developer commitments for property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93± acres; and by providing an effective date. Meeting Date: 5/14/2013 Prepared By Name: ReischlFred Title: Sr. Planner, Land Development Services 4/18/2013 9:50:33 AM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/18/2013 2:50:16 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/23/2013 9:24:00 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/24/2013 9:58:30 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/1/2013 8:30:10 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Packet Page -3839- Date: 5/6/2013 2:21:35 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/6/2013 3:33:30 PM Name: KlatzkowJeff Title: County Attorney Date: 5/6/2013 4:18:25 PM Name: OchsLeo Title: County Manager Date: 5/6/2013 5:01:21 PM Packet Page -3840- 5/14/2013 W.A. 5/14/2013 17.A. AGENDA ITEM 9 -A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: FEBRUARY 21, 2013 SUBJECT: PUDA- PL20120001104: THE HEAVENLY CFPUD PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: The Covenant Presbyterian Church of Naples, Inc 6926 Tamiami Trail North Naples, FL 34109 REQUESTED ACTION: Agent: Richard Yovanovich, Esq. Coleman, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The Heavenly Community Facility Planned Unit Development (CFPUD) currently permits the use of a school, limited to first grade through third grade among other uses. The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to permit a school, limited to first through eighth grade. The maximum number of students is not proposed to change. GEOGRAPHIC LOCATION: The subject property is 15.93± acres in size and is located at 6992 Trail Boulevard in the Pine Ridge subdivision. PURPOSE AND DESCRIPTION OF PROJECT: The petitioner is requesting an amendment to The Heavenly CFPUD to permit a wider range of grade- levels without increasing the maximum student body. The CFPUD permits child day care, adult day care, pre - kindergarten, kindergarten, and a school limited to first through third grade. The proposed amendment would change the school use limitation to first through eighth grade. All of these uses (child day care, adult day care, pre- The Heavenly CFPUD, PUDA- PL20120001104 Page 1 of 9 February 21, 2013 CCPC Packet Page -3841- 4. iw t 130 t*' "h Ire' tO -L-5 2F-7 r:7. r V, m ij 1. n & hit, I E, 71 As :_" -11: g y fn ILI g p I A 'A. ZIK a I jig! 00 11 CL The Heavenly CFPUD, PUDA-PL20120001 104 February 21, 2013 CCPC Packet Page -3842- 0 0 z 01 NI 7 N ❑ 0 m z 0 L) 0 -J. 5/14/2013 17.A. Page 2 of 9 5/14/2013 17.A. kindergarten, kindergarten, and school) are limited to a combined maximum of 220 individuals, which is not proposed to change. SURROUNDIN G LAND USE AND ZONING: North: Ridge Drive ROW, across which are single - family homes, zoned RSF -1 . East: West Street ROW, across which are single- family homes zoned RSF -l. South: Myrtle Road ROW across which are single - family homes zoned RSF -l. West: Trail Boulevard and Tamiami Trail North ROW, across which are single- family homes zoned PUD (Pelican Bay PUD). 5/14/2013 17.A. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: Comprehensive Planning Staff determined that a Future Land Use Element review was not applicable to this amendment. Transportation Element: Transportation Planning Staff determined that a Transportation Element review was not applicable to this amendment. Conservation and Coastal Management Element (CCME): Environmental Review Staff determined that a CCME review was not applicable to this amendment. GMP Conclusion: The Heavenly CFPUD was determined to be consistent with the GMP at the time of the original rezone. It is Staff s opinion that the proposed amendment will not affect that consistency determination, therefore, Staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Deviation Discussion: No additional deviations are proposed. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the wider spectrum of grade - levels without increasing the student cap, will not have an adverse effect of surrounding properties and infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Unified control was established at the time of rezoning and continues through the present time. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment does not affect the The Heavenly CFPUD, PUDA- PL20120001104 February 21, 2013 CCPC Packet Page -3844- Page 4 of 9 5/14/2013 17.A. CFPUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The only proposed change is the increase in grade- levels and Staff believes that the approval of this amendment will continue to be compatible with the surrounding area, subject to the existing development standards and project commitments. S. Die adequacy of usable open space areas in existence and as proposed to serve the development. Usable open space is not affected by the proposed amendment. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Since the maximum number of students is not proposed to be changed, the amendment will not affect public or private facilities beyond what was approved in the existing CFPUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Since the maximum number of students is not proposed to be changed, the amendment will not affect the ability of the site and the surrounding area to accommodate expansion beyond that which has been approved. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal - application of such regulations. The proposed amendment is consistent with PUD regulations, with the existing deviations, and seeks to meet a desired purpose of serving expanded grade-levels-.-_ Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning- Commission - -to- -the - Board - -of - -County — - Commissioners ... shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff determined that a Future Land Use Element review, Transportation Element review and CCME review were not applicable to this amendment; therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; The Heavenly CFPUD, PUDA- PL20120001104 Page 5 of 9 February 21, 2013 CCPC Packet Page -3845- 5/14/2013 17.A. The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; No new districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The petitioner believes that this amendment would increase the probability of success of a school on the site. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the existing CFPUD, with the commitments made by the applicant, can been deemed consistent the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes standards that are designed to address compatibility of the project. Since the maximum number of students is not increasing, development in compliance with the existing CFPUD and proposed amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affectpublic safety. The proposed amendment involves grade - levels only. No change is proposed to the maximum number of students; therefore, the roadway infrastructure will continue to have adequate capacity to serve the proposed project. Staff believes the petition can be deemed consistent with all elements of the GW. 8. Whether the proposed change will create a drainage problem; Since the CFPUD is existing, the proposed amendment to increase grade levels without increasing student population should not create drainage or surface water problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Since the CFPUD is existing, the proposed amendment to increase grade levels without increasing student population should not create light and air issues. Setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or The Heavenly CFPUD, PUDA- PL20120001104 February 21, 2013 CCPC Packet Page -3846- Page 6 of 9 5/14/2013 17.A. external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Since The Heavenly CFPUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning, The subject property could be developed within the parameters of the existing grade - levels; however, the petitioner believes that the probability of success of a school on the subject site will be improved by additional grade- levels. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already developed; the CFPUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMT. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The existing CFPUD currently permits a school. The proposed amendment is consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services The Heavenly CFPUD, PUDA- PL20120001104 February 21, 2013 CCPC Packet Page -3847- Page 7 of 9 5/14/2013 W.A. consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION• The EAC was not required to hear this petition because no environmental issues were identified. NEIGHBORHOOD INFORMATION MEETING (NM: The NIM meeting was duly noticed by the applicant and held on October 29, 2012. The applicant was represented by Richard Yovanovich, Esquire. Fred Reischl, AICP, Collier County Senior Planner also attended. Nine people were also in attendance. Mr. Yovanovich explained that the increase in grade levels did not mean an increase in student population. Some neighbors had concerns about the traffic patterns on the local streets. Again, it was explained that the traffic volume would not increase, only the ages of the students. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed on February 14, 2013, RECOMMENDATION: The Heavenly CFPUD was approved by the BCC on March 24, 2009. The proposed CFPUD Amendment would increase the number of grade levels from first to third to first to eighth, while keeping the existing student cap at 220. Because the proposed CFPUD is consistent with the GMP and compatible with the surrounding land uses, Planning & Zoning Staff recommends that the CCPC forward Petition PUDA- PL20120001104 to the BCC with a recommendation of approval. The Heavenly CFPUD, PUDA -Pl 20120001104 February 21, 2013 CCPC Packet Page -3848- Page 8 of 9 PREPARED BY: Vr` FRE SCHL, AICP, SENIOR PLANNER PLANNING & ZONING DEPARTMENT REVIEWED BY: /2" ')f A - 'k ' , RAYM V. BELLOWS, ZONING MANAGER PLANNING & ZONING DEPARTMENT MIKE BOSI, AICP, INTERIM DIRECTOR PLANNING & ZONING DEPARTMENT APPROVED BY: NICKACASALANGUIDA, �NfINIS"IRAfOR GROWTH MANAGEMENT DIVISION DATE /! z$- (3 DATE / -3t -r' DATE 2.4 -13 DATE Tentatively scheduled for the April 9, 2013 Board of County Commissioners Meeting The Heavenly CFPUD, PUDA- PL20120001104 February 21, 2013 CCPC Packet Page -3849- 5/14/2013 17.A. Page 9 of 9 COLEMAN, YOVANOVICH & KOESTER, P.A. ATTORNEYS AT LAW Kevin G. Coleman Richard D. Yovanovich Edmond E. Koester William M. Burke Gregory L. Urbancic Matthew L. Grabinski Writer's Email: ryovanovich @cyklawfirm.com 5/14/2013 17.A. NORTHERN TRUST BANK BUILDING Linda C. Brinkman 4001 TAmmmi TRAIL, NORTH Craig D. Grider SUITE 300 Matthew M. Jackson NAPLES, FLORIDA 34103 Jeffrey J. Beihoff 239 - 435 -3535 Harold J. Webre 239 - 435 -1218 FACSIMILE Caroline M. Magiiolo www.cyklawfirm.com Charles A. B. Thomson May 7, 2012 Mike Levy Collier County/Growth Management 2800 North Horseshoe Drive Naples, Florida 34104 RE: Amendment to Heavenly PUD Dear Mr. Levy, David Kerem Michael D. Gentzle Of Counsel: Kenneth R. Johnson Enclosed you will find a petition to amend the Heavenly PUD. The purpose of the amendment is to revise the provisions applicable to the type of school that is a permitted use within the Heavenly PUD. The Heavenly PUD currently limits the school to pre - school through Third Grade. The maximum number of students is 220. The proposed amendment would allow the school to offer classes through Eighth Grade. The maximum number of students will remain 220. There are no other proposed amendments to the Heavenly PUD. The PUD Master Plan will remain the same. In addition all other developer commitments and development standards within the PUD will remain the same. Due to the very limited nature of the changes, it is our belief that the proposed amendment is compatible with the neighborhood and the changes are very minor in scope. Transportation staff has waived the requirement that a TIS be provided because the school is limited to Eighth Grade and the number of students is not changing. In addition, Environmental Review Staff has waived the requirement that an EIS be provided due to the fact that the PUD Master Plan is not changing. Hopefully, the proposed change will not require a lot of staff time for review and this petition can be presented to the Collier County Planning Commission and the Board of County Commissioners in the near future, If you have any questions regarding this matter, please feel free to contact me. Sin ereiy, Richard Yovanovich CC: John Hunter Packet Page -3850- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.A. Co eY County 280D NORTH HORSESHOE DRIIfE; NAPLES, FLORIDA 34104 (239) 2S2 -240D FAX (239) 252 -0368 www.mlifer;iov.net PRE - APPLICATION MEETING i ❑ PUD Rezone (PUDZ; ❑ PUD to PUD Rezone PUD Amendment (PI PL# rs Die' Time 4:20 & Firm: G Project Name; Size of Pro(ed 5ite:�� acre Applicant Name: � � • .Phones Owner Name; Cn� Phone: Owner Address• City Siafe---- ZIF- ---.�_ no PUD Name and Number Assigned Planner Meeting Attendees: (attach Sign4n sheet) Meeting Notes a�1a e • - a a r► a J '- iE• — 5/14/2013 17.A. Cn eY County _ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION / 2800 NORTH HORSESHOE DRIVE i PLANNING AND REGULATION NAPLES, FLORIDA 34404 (2391 ? 82 -2400 FAX (239) 262 -6368 w. • SCHOOL CONCURRENCY � dottteraav net For Information regarding the school concurrency application process, please contact the School District of Coliier County - Students, Staff PrOjectlons, Allocations and Reporting Departmer{ at 239- 377 - 0254. PUD REZONE (PMZ' PUD to PUD REZONE (PUD j PUD AMENDMENT (PIIDA i APPLICATION SU13IkII'FTAL KLIST ` THIS COMPLETED CHECKLIST IS THE EXACT ORDER LISTED BELQ TO BE SUBMITTED :WITH APPLICATION PACKhT IN W W /COVER SHEETS ATTACHED TO EACH SECT T N NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCErTED. REQUEREMENTS ' # OF RE QUIRED NOT! L_ 1 Additional set if Iocated in the Ba',,Shore/G;1tewuy COPIES RE unm Triangle Redevela pient Area Co ies of detaileddesori tion of Why amendment is necess Com leted ApPlication downioad from website for current form PUD Document & Conceptual Site Plan 24" x 36" and One S %" x 1 I" c Revised Conce that Site PIan 24" x 36 "and One 8 '/z" x 1 I" co Original PUD document and Master / Nf A Plan 24" x 36" ONLY IF AMENDING THE PUD Revised PUD document with than es crossed thru &underlined Revised PUD document w /amended Title page w /ord #`s, LDC 10.02.13.A.2 Deeds/Le al's & Surve if bound of on iiial PUD is amended List ideas ' %A 3 Owner & all erties of corporation Owner /Affidavit si ed & notarized �/A 2 Covenant of Unified Control 2 Com Ieted Addressin checklist 2 Environmental Im act Statement IS '� or exem Lion 'ustification Di 'taUelectroruc 2 ca of EiS co for Planner & Environmental Historical Sucve orwaiver re nest 2 utili Provisions Statement w /s 4 Architectural renderin of ro osed structures 4 r Serve , si ed & sealed 4 Traffic Itri act Statement S or waiver with a Iicable fees Co of Trafgi Im act Statement 4 7 IS on CDROM Aerial photographs (taken within the previous 12 months min. scale T--2 d 3 00' , showin FLUCCS Codes, Le end, and ro'ect battn 5 i ` -- JUNE,201 1 k Pteu se Ve r;••Py lu iii" Tr«hs �T : - cv - 1 Packet Page -3852- Co er �unty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Electronic copy of all documents in Word format and plans (C or Diskette Justification/R,ationale far the Deviations (must be on a separate sheet within the application material; DO NOT include it in the dnrnma„t�l Of Off cial Interpretations and/or 1 set for Sehool D' iets ttr 5/14/2013 17.A. 2800 NORTH HORSESHOE DRIVE NAPLOS, FLORIDA 3.4984 (239) 252 -24.00 FAX (239) 252 -6368 www.c4[Ileranv net (CD x 4 PUD • ' 1 i 2 EDC "Fast Track" must submit approved copy of official application 2 QAffordable Housing "Expedited" must submit copy of signed Certificate of Agreement. * *if project includes an Affordable Housing component, you are required to chedule a meeting before the Affordable Housing Advisory Commiittee by ontac[ing the Collier County Housing and Human Services Deparh�ieztt at 39- 252 -2273. ❑ Check here if there are any Settlement Agreements associated with thus property. Indicate a of agreement and agreement number. tYP Agreement # ❑ Deltona [] Lely Barefoot Beach: [] Port of the Islands Interlocal ; Route package to: The Conservancy, Attn: Nichole Ryan 1450 Men ihue Dr., Naples, FL 34102 ❑ If Located in RFMU oral Frin a Mixed Use Recei JAnd Arm Applicant must contact Ivlr. Gerry J. Lacavera, State of Florida Division of Forestry "Wildfire Mitigation & Prevention Plan ", D information ction 2.0 regarding 08 A.2.a, i.c. ❑ If located within !2 mile of Ci of Na Ies send co of submittal iacka a to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 I i 5/14/2013 17.A. Co eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPL! S, FLORIDA 34904 PLANNING AND REGULATION (239) g62 -2400 FAX (239) 252 -6368 www.dolllernov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT (residentlel PARKS & REC— VICKYAHMAD com onents Am Ta for SUPERVISOR OF ELECTIONS IM E WA�'fERlSEWER DISTRICT DISTRICT DRIEM9 — EMM MGMT — Dan UTILITIES ENGINEERING: PAULO Summers CITY OF NAPLES, Robin Singer, MARTINS BAYSHORE/GAT WAY TRIANGLE Planning Director REDEVELOPME T Executive Director CONSERVANCY, Nichoie Ryan FIRE REVIEW: CO LONGO EMS — ARTIE BAY ENGINEERING: JACK MCKENNA TRANS. PATHWAYS: ALISON COMP PLANNIN : (SEE SIGN -IN BRADFORD SHEET FROM P E-APP MEETING ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING Fees Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $2t$25 tper (or fraction thereof) $6,000 (PUD Amendment) acre or chon o an acre) f.l% f Fire Code Review — New PUD Rezone $150, PUD to PUD Rezone $125, PUD Amendment $125 ® $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre - application fee (Applications submitted 9 mouths or more after the date of the it last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ; $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2500.00 Environmental Impact Statement review fee ; ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) ❑ Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept, of Zoning & Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhi�it A): ❑ $500.00 Methodology Review Fee, if required *Additional #ees to be determined at i Methodology Meeting. j JUNE 2011 Packet Page -3854- Fee Total $ 5/14/2013 17.A. co *r ciunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLCS, FLORIDA 34904 PLANNING AND REGULATION ww 2152 -4r-go ,ne (239) 252 -6368 www.tiotlierstov, net _ PUBLIC PARTICIPATION REQUIREMENT-5 L C 10.03.05 F. Applicant must conduct at least one Neighborhood Informationol Meeting (NiM) after initial staff review cmd comment on the application and before the Public Hearing is scheduled with the Planning Commission. i Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.6.8. Notification shall also be sent to property owners, condominium and civic gssociatlons whose members are impacted ve formally requested the County to be notified. by the proposed [and use change and who ha A copy of the list of all parties noticed, and the date, time, and location; of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NiM. r The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and '14 facilities must be of sufficient size; to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices qnd classified advertisements appear stating the purpose, location, time of the;meeting and legible site location map of the property for which the zoning change is being requested. The display, advertisement must be one - fourth papa, in type no smaller than 12 point and must be placed within a newspaper of general circulation In the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NiM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Ldnd Development Services Department. ' As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced! to writing and made a part of the record of the proceedings provided to the Land Development Services Departmont. These written commitments will be made a part of the staff report of the County's review and approval bodies qnd made a part of the consideration for inclusion in the conditions of approval; RECORDING OF DgVELOPER CONIMItMENTS I Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Undetstanding of Developer Commitments ok Notice of Developer Commitments that contains the legal description of the property that is the subjectof the land use petition and contains each and every commitment of the owner or developer specified in. ' the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with tire recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Colder County Planned Unit Development Monitoring staff within ;t 5 days of recording of said AAsmnrnnrhtm nr Notice_ Packet Page -3855- 5/14/2013 17.A. CoMr county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252.6358 www.coliiergov.net APPLICATION FOR PUBLIC HEARING FOR: 01 AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED I APPLICANT INFORMATION NAME OF APPLICANT(S) The Covenant Presbyterian Club of Naples, Inc., a Florida not for profit corporation ADDRESS 6926 N. Tamiami Trail _ _ CITY Naples STATE FL zip 3410, TELEPHONE # 239 -597 -3464 CELL # FAX # 239 -597 -1412 E -MAIL ADDRESS: ichkhh @gmail.com NAME OF AGENT Richard D. Yovanovich /Coleman Yovanovich & Koester, P.A. ADDRESS 4001 Tamiami Trail North CITY Naples STATE FL ZIP 34113 TELEPHONE # 239- 435 -3535 CELL # 239 -860 -3533 FAX # 239-435 -1218 E -MAIL ADDRESS: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4, 2011 Packet Page -3856- 5/14/2013 17.A CO MY County COLLIER COUNTY GOVERNMENT 21300 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION[ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -8358 www.collierciov.net ASSOCIATIONS Complete the following for all registered Associations) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at hjtp-1/www.colliemov.noi/--index.ast)x?naao=774 NAME OF HOMEOWNER ASSOCIATION: Pine Ridge civic Association of Naples, Inc. MAILING ADDRESS 7000 Trali Blvd. CITY Naples STATE Florida Zip 34108 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OP HOMEOWI.42R ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP Packet Page -3857- February 4, 2011 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.A. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 262 -6358 www.collieraov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % -of b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership John C. Hunter III, President NA Harold Henderson, Vice President NA John Hunter, Treasurer NA Tom Cornelia, Secretary NA C. if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership February 4, 20I I Packet Page -3858- 5/14/2013 17.A. CoMr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 PAX (239) 262.6358 www.collleraov.net d. If the property is in the name of a. GENERAL or LIMITED. PARTNERSHIP, list the name of the general and /or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. f. Name and Address - % of Ownership Date of.Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Packet Page -3859- February 4,2011 5/14/2013 17.A. Co *e,r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239j 252 -6358 www.collieraov.net g. Date subject property acquired ® leased ❑ Term of tease yrs. /mos. If, Petitioner has option to buy, indicate fhe following: Date of option: Date option terminates: or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application (If space is inadequate; attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or-sealed survey may be required. Section/Township /Range / Lot: 1 -13 Block: Subdivision: Pine Ridge Plat Book: 3 Page #: 51-51E Property I.D. #: 67285160009 Metes & Bounds Description: Size of property+. ft. X- ft. = Total Sq. Ft. Acres Address /general location of sublect property_ 6952 Trail Blvd. PUD District (LDC 2.03.06): ❑ Residential NO Community Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -3860- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.A. C er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? IF so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Secfion /Township /Range _/_/. Lot: _ Block: Subdivision: - Plat Book Page ##: Property I.D. #: _ Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the NA zoning district(s) to the zoning district(s). Present Use of the Property: CFPUD Proposed Use (or range of uses) of the property: Original PUD Name: Heavenly Community Facility PUD ordinance No.: 09 -15 February 4, 2011 Packet Page -3861- Zoning Land Use N RSF -1 Single Family Homes S RSF -1 Single Family Homes E FSF1 Single Famlly Homes W Pelican Bay PUD Mixed Use Development Does the owner of the subject property own property contiguous to the subject property? IF so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Secfion /Township /Range _/_/. Lot: _ Block: Subdivision: - Plat Book Page ##: Property I.D. #: _ Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the NA zoning district(s) to the zoning district(s). Present Use of the Property: CFPUD Proposed Use (or range of uses) of the property: Original PUD Name: Heavenly Community Facility PUD ordinance No.: 09 -15 February 4, 2011 Packet Page -3861- 5/14/2013 17.A. CO *Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252.6358 www.colifergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Hoard of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.11) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments --in those_Woposed, partivrlarly as they may relate --#o- arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the parlicular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. February 4, 2011 Packet Page -3862- 5/14/2013 17.A. Cv er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colfior_qov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use Is being requested In order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property_ To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes © No If so, what was the nature of that hearing$ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No if so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned -a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the ,rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the fhen current code. (LDC Section t0.03.05.0.) February 4, 2011 Packet Page -3863- 1 1 1 1 1 I � 1 i . 1 1 , 1 1 1 ' aw , , 1 . 1 :1 _ •i ; — i 1 1 , 1 , , , , , .i , , , , . - . , .. a� la I j 1 i to 1 I a I II Packet Page -3864- v■ 5/14/2013 17.A. phi kill a: j: et[■ SE a 1 :1 :lit { R•j!f!4 fi ol'i ��� j;! �! FS s Y {{g{ V12 � i [ a: j: et[■ SE a 1 :1 :lit { R•j!f!4 fi ol'i ��� j;! �! FS ORDINANCE NO. 09-- 1-' 4N ORDINANCE OF THE BOARD OF COUNTY 20MMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, _" t THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING `-- REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY `.-• .' CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE - FAMILY (RSF -1) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HEAVENLY CFPUD, LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 5/14/2013 17.A. .a .a, i -i �n WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SgQnQN 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 1 of 2 Packet Page -3865- 5/14/2013 17.A. SECTI©N 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 2eday of 2009. ATTEST: DW G" E. SOCK, Clerk S i ght& W.-I" Approved as to form and legal sufficiency: A shton -Cicko Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13 Y: -- - - / J4-z- DONNA FIALA, Chairman Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide of Vertical Building .Height Exhibit G -1- Graphic Depiction & Guide of Vertical Building Height -Tract B Exhibit H - Conceptual Architectural Rendering Exhibit I - Conditions of Approval This oniinome filed with the Seery of St te'S f)ff ice the ` day of .., 5`�'`i CP108- CPS - 00840160 2125/09 HFAC a� �M► I Ent o�that fit" r Ivedthis Q doy of , Page 2 of 2 oi" CIA* Packet Page -3866- March 25, 2009 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I Packet Page -3867- 5/14/2013 17.A. Page I of 18 EXHIBIT A GENERAL: 5/14/2013 17.A. 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) PERMiT'i'ED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Dumber 6). B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. SocialiMeeting and Fellowship Center 3. Administrative Offices �^ 4. Child/Adult Day Care / Pre- K/Kindergarten / School, Iimited to I" through 3< with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be .170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students/individuals for the entire CFPLTD does not exceed 220. 5. Non- commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: March 25, 2009 I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures: Packet Page -3868- Page 2 of 18 (TRACT B) PERMITTED USES: 5/14/2013 17.A. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: 1. One House of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: March 25, 2009 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices $ 4. Child/Adult Day Care / Pre - ({/Kindergarten / School, limited to 1" through 30; 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 studentstindividuals for the entire CFPUD does not exceed 220. 5. Non- commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. Packet Page -3869- Page 3 of 18 5/14/2013 17.A. EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Awsk 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). SPS= Same as Principal Structure t�) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.. �) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0l.D.1, as may be amended. March 25, 2009 Packet Page -3870- Page 4 of 18 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 14f acres N/A MINIMUM LOT WIDTR 538 ,ft. N/A MINIMUM YARDS (from right -of- way fine abutting the property) Existing The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings(s) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS MINIMUM YARDS (between tracts) Side 30 ft SPS MIN. DISTANCE BETWEEN The greater of 15 ft. or 3/z the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT 50 f soft. MAXIMUM NUMBER OF STORIES New 2(3) 2 ExistinWExpanded I SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE House of Worship (6) 28,000 sq. ft. Accessory Uses(') 11" 40,000 sq. ft. Circulation/Maintenance /Storage I2,000 sq. ft. PRESERVE SETBACKS 25 ft. 25 ft. SPS= Same as Principal Structure t�) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet.. �) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.0l.D.1, as may be amended. March 25, 2009 Packet Page -3870- Page 4 of 18 5/14/2013 17.A. The maximum combined square footage of such building elements shall be 4,000 square feet. See Exhibit G for graphic depiction of vertical elevation measurement. (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPUD exceed 96,000 square feet. (5) Expansions which add square footage to any existing individual building are limited to a cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. (6) House of worship square footage not utilized shall be available for religious educational classrooms. (7) The maximum area of an individual room shah be 12,000 square feet. (a) Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDPA application. (9) The Child/Adult Day Care[Pre- K:/Kindergarten/School use shall be located a minimuha df 200 " feet from West Street, Ridge Drive and Myrtle Road. (10) Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. A. Buffers March 25, 2009 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida 41 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROW and is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation 93. 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. Packet Page -3871- Page 5 of Is 5/14/2013 17.A. (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. i3. 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:L-acres] as open space. Open space includes but is not Iimited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.31 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 3.3:6 acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought- Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR -45) and then ultimately to the Gulf of Mexico. March 25, 2009 Packet Page -3872- Page 6 of 18 5/14/2013 17.A. 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 fr6m 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 swaies shall be redesigned to allow run off from the existing roads adjacent to the project to flow through the project to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code de-veloprr ent €tandard that permits vehicular overhang to- lessen - the amount of pave.—nont- md- Lher'Zore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will Iikely 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 miriimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the first SDP. 1. Parking Space Requirements and Restrictions. March 25, 2009 Page 7 of 18 Packet Page -3873- 5/14/2013 17.A. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop -off parking areas shall be 500. Should Tract B and Tract low A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: 2. Adult care: 3. Non - worship use of the facilities: 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. DEVELOPMENT STANDARDS FOR TRACT B Together with the text that follows Aire 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). March 25. 2009 Packet Page -3874- Page 8 of 18 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1.9t acres N/A MINIMUM LOT WIDTH 236 ft. N/A MINIMUM YARDS Front Existing The greater of 30 ft. or the zoned height of SPS structure. SPS Expanded buildings(') 50 ft. for expanded portion SPS New structures 50 ft. Side SPS Existing 20 ft. New structures 30 ft. MIN. DISTANCE BETWEEN The greater of 15 R. or ; the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft 35 ft. MAXIMUM ACTUAL HEIGHT 45 ft. 45 ft. MAXIMUM NUMBER OF STORIES 2(3) 2 MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. March 25. 2009 Packet Page -3874- Page 8 of 18 MAXIMUM SQUARE` FOOTAGE House of Worshipts> Accessory Uses and Circulation/ Maintenance /Storage 5,600 sq. ft. 5/14/2013 17.A. 10,400 sq. ft. (of which a maximum 2,000 sq. ft may be circulation and storage) SPS= Same as Principal Structure t�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. (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (a) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. tsf House of worship square footage not utilized shall be available for accessory uses. � maximum square footage of any individtmlxoc m shall.be.less than- the. square foo- ±age of-the house of worship. (7) Expansions which add square footage to any existing individual building are limited to cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. c81 If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square - footage of all structures on Tract B do not exceed 1 6,000. square -feet and the maximum permitted heights for Tract B are maintained. Additionally, the Music and Hours of Operation for Tract B shall still apply. (9) If Tract B and Tract A are owned or controlled or developed by the same person or entity, there will be no direct access to or from West Street. A. Buffers 1. Except as otherwise required or provided herein, perimeter buffers shall be installed concurrently with the redevelopment improvements in their proximity. All right -of -way perimeter landscape buffers shall be installed with the first SDP for a new permanent building on Tract B. 2. All required buffer trees along Ridge Drive and West Street shall be Quercus virginiana. March 25, 2009 Page 9 of 18 Packet Page -3875- 5/14/2013 17.A. 3. fledges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress - egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress — Egress Driveways Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one -way access driveways serving Tract B shall be removed with the reconstruction, removal, replacement or demolition of the existing buildings. Thereafter, the ingress - egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8tacres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area (i.e. not less than 6.3f 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 3.31- acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SRA5) and then Pelican Bay ultimately to the Gulf of Mexico. March 25, 2009 Page 10 of 18 Packet Page -3876- 5/14/2013 17.A. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non - cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project - The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. 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. Hours of Operation Restrictions: 1. Child care and School: 2. Adult care: 3. Non worship use of the facilities: 4. Worship between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 tunes per month for the March 25, 2009 Page 11 of 18 Packet Page -3877- 5/14/2013 17.A. accommodation of special functions. 5. Music Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. March 25, 2009 Packet Page -3878- page 12 of 18 v p 10" Q Ip p ----_.______.................... Packet Page -3879- 5/14/2013 17.A. �r a !fill! ZIA If ® �F t , 1 � 666JJJ , H �r Ill I E° sea 34 aF -0 i =' L ieppi q- lift a i i` a �� 41 k iY 1 , J ; „ 1 , ' i. i 1 J , 1 1 p 10" Q Ip p ----_.______.................... Packet Page -3879- 5/14/2013 17.A. �r a !fill! ZIA If ® �F t , 1 � 666JJJ , H �r Ill I E° sea 34 aF -0 i =' L ieppi q- lift a i i` a �� 41 k iY 5/14/2013 17.A. EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009,67285290002t 67285360003, 67285320001 LOTS 1 -7 AND 10 -13, BLOCK "O ", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS S AND 9, BLOCK O, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. March 25, 2009 Page 14 of 18 Packet Page -3880- 5/14/2013 17.A. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) 1. Deviation ##1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right -of -way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress- egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right -of -way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 4I 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 t =sfmJ_racts. A and B.; and,,that the pa_lros utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation 44 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. 5. Deviation 45 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 6. Deviation #6 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right -of -way landscape buffer line. March 25, 2009 Page 15 of 18 Packet Page -3881- 5/14/2013 17.A. (TRACT B) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights -of -way. The property owner shall make a payment in -lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.01.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 93 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right -of -way landscape buffer line. March 25, 2009 Packet Page -3882- Page 16 of I& v 5/14/2013 17.A. EXHIBIT F ' LIST OF DEVELOPER COMMITMENTS (TRACT A) 1. The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b, the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re- grading of the right -of -way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. - .3. For services and ather-pedods. and events ofsignifieantt&fic generation, as determined by CollieL__. County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship /shalbe limited to 780 sea ts (984 for the entire CFPUD), and the tots! number of students /indttrolied in Child/Adult Day Care ! Pre - K/Kindergarten / School, limited to 1" through n Tract A shall be Iimited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (110 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. SV^ One year after the seating capacity of 853 for the entire CF and the 110 person Child/Adult Day Care/Pre- K/Kindergarten/School limited to I` through for the entire CFPUD ( "the base ") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and March 25, 2004 Page 17 of I8 Packet Page -3883- 5/14/2013 17.A. Will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 347 and/or the additional 110 students /individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) i . For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee. 2. A payment- in- Iieu -of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right -of -way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. March 25, 2009 Packet Page -3884- Page 18 of 18 at of - �.- Adjacent Av=P CwuHne Road Elevation Front Elevation J to Adjacent Avcmgc Ccatcrfinc Road Elevation EXHIBIT G JOB CODE: HCFPIIQ DATE: 122A SCALE: P -30 RLENAMEEddhUG Rear Elevation Packet Page -3885- 5/14/2013 17.A. Q. GRADY MINOR & ASSOCIATES, P.A. CtYYp.npQY. V1UAVtVW-I MM-1.tIVAANUM[C, h - �.- Adjacent Av=P CwuHne Road Elevation Front Elevation J to Adjacent Avcmgc Ccatcrfinc Road Elevation EXHIBIT G JOB CODE: HCFPIIQ DATE: 122A SCALE: P -30 RLENAMEEddhUG Rear Elevation Packet Page -3885- 5/14/2013 17.A. Q. GRADY MINOR & ASSOCIATES, P.A. CtYYp.npQY. V1UAVtVW-I MM-1.tIVAANUM[C, WU zap 5/14/2013 W.A. BUILDING ELEMENTS I. = 62' -0' IAL HEIGHT FROM ERLINE ELEVATION TINS ROAD :a4E-0" ONED HEIGHT IT OF ROOF) f. ■ 351-0" DOR HEIGHT ELEV. -0'-0` AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX. ELEV. -4'-0' A GRAPHIC EXAMPLE OF "TRACT B"- MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of `Tract B" HU MPHREY - ROSAL Florida Communfty Bank W!A A R C H l T E C T s Collier County, Florida 3MOTH8T.NORTH MR)21�+ DATE: February 1B, 2008 N AP SUITE FAXPM)M -4461 Packet Page -3886- t f 1 •,�i • ` }• ` : t. is M14t 1t 4 '.i Inv O"A I I -- —V moo .�pj "t •'[ 1 1' '. 5'' ' r .f% 'x 4` vnt A:r ' +' '•:! , , !Nip ••.�.na���iav, � an, +• i� 4 :�J. •.i' ••i• I.i" i�•u a�11�'•'t •.i.:��'.:-.:iG'r�` �i�i..�'0.. .t'`I; ii.,, -�• !. yk 5/14/2013 17.A. EXMBIT I CONDITIONS OF APPROVAL March 27, 2009 1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through March 24, 2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12'acre re- created preserve shall meet County preserve requirements and shall recreate'the habitat that previously existed on -site (pine flatwoods), including all three vegetative strata, 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the stub -out in the median separating Trail Boulevard and US 41 as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. Packet Page -3888- 5/14/2013 17.A. STATE OF FLORIDA) r_ COUNTY OF COLLIER) r a I, DWIGHT E. BROOK, Clerk of Courts in and for thy''= Twentieth Judicial Circuit, Collier County, Florida, dct;c•: ; :a r cn hereby certify that the foregoing is a true and correct> ' .1 copy of: ORDINANCE 2009 -15 Which was adopted by the Board of County Commissioners --on-the 24th. day of _,Maa-eh;.-- 2009,_ during Regular Session.-_ -__... + _.._ WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of March, 2009. DWIGHT E.--,-BROOK Clerk of Courts asld.l rlek ___.... _.. Ex- officio to Board of ^•.. County Commissioners $y: Teresa Polaskj.,. Deputy Clerk Packet Page -3889- bmw... 5/14/2013 17.A. I C� ► tvAV3 C1�darrapt fey "t'l 6 Indetttill'tr Made this S day of NQ (� . A.D. 11 65 Mtpsea EDWARD'S CHARITABLE 'TRUST, P. W. EDWARDS, TRUBTEL � 1 joined by his Wife &44 f. Edwards. of the first Part r And THE COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC. of the second part, j whose post offer address is: 3961 Cordon Drive, Naples, Florida Vnttsesseth, That the said part y of the first part• for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS to it in hated paid by the party of the second part, the receipt whereof is hereby+leknowledged. have granted, bargained and sold to the said part of the second part, its suocessalstrd asatsts, forever, the following described lanO, aituste, iriag and be- ing In the Covaty of Collier and State of Florida, to-wit: r Parcel 11: Lot 10, Block O, of PINE RIDGE EXTENSION )1 as recorded in the office of theclerk li of Circuit Court in Plat Book 3, Page 51, Public Records of Collier County, Florida ) Parcel 42: fats one (11, , Eleven (111. Twelve (12) and Thirteen (13i, Bloc): "0 ", PINE RIDGE EXTEN- SION, according to the map or plat thereof =1. as recorded in Plat book 3, Page 51, of the Public Records of Collier County, Florida <I: SUBJECT to restrictions, reservations and easements of record. RECORDCD OFF[ C'..l REC Ru BM STATES FLOP1DA 1232FH'67 DOCUN.ENTAry �f_'JTAMP TAk ^,:�..�• E! T. SCOTT ov nAR3]67/,`rs�i�� C :. ,ell COURT �( �!•;;)J �� �o•a-Tarnfi Y'`''•'• �'��= CULII•.• :.,.,r,(T,FLORISA PH 7 And the said pate y of the first, pan do es hereby fully warrant title to said land, and r will defend the same against the lawful claims of all persons whoarsaever. In witness whereof The said party of the fast part have hereunto set their hands and seals the day and year first above written. Signed. sealed and delivered In The prasena of use ) EAWA D'S CHARITABLE TRUST �. \ ..... ........ -- ........ By..2rSI ........ ..... . _ ..... P W. Ed wa d£ s � . »......» ... ..... .. .. n'^�.• Ys51.At _...... .. �..._... » ».._. _(Seal) .. ; State of a COLLMN COUNTY, FLORIDA ff County of kWpAaer T. seaTT ' Cork 09 CAMA I Hareb7 Certify that on this day personally appeared before me, an officer duly as i thorized to administer oaths and take ael nowledgements, 1. P. W. EDWARDS, as Trustee, joined by his wife A4.49% EDWARDS1; to me well known to be the person s dewrlht4 in and who executed a foregoing deed, and •acknowiedRed before me that t hay executed the same freely and voluntarily for the purpose 'tliereln expressed WlUaes ray hand and seal this S day of V , A.D. 19 65 1 111y commi"Iga :sxpires: �. + f / /(/ 6R Horsey Pub Ic (Notary Seal) I ' LAW OFFICES OF CA*EOLL, VIOA, 1ROWN and NICNOlS aA,CH aUILCIkG MAALEs ►LORInA Packet Page -3890- 1 5/14/2013 17.A. This inllwnent wet orepored by, THOMAS E. MONEY, ESO. a// Q� 708535 MATA11'BY a OUNF CRARTO= a i aN 'Deed (STAIU101T Folut— SEt110N 681.01 F.S,J WITHOUT OPIINIION F TITLE NAPPM FLORIDA note Wit Inbmturr. Mod. Ibis day of To.r,e_„ 19 81 , Inturen P, W. EDWARDS, TRUSTEE OF THE EDWARDS' CHARITABLE TRUST OFF. REC. 9 2 PAGE 19 5 9 of the County of Col tier State of Florida . gmmot•. and THE COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC., A FLORIDA CORPORATION when post office oddrets it 3461 Gordon Drive, Naples, of the County of Collier . Slots of Florida 33940 .grantee•, #tttTeeeeth. That said clatter, lot and in con ideration of the sum of -------------------------".------- -------------- -TEN AND NO /100 410. 00) ---------------- --- --- --- ------ -- ---- -- and other good and valuable considerations to told gtomor in hand �Detan, paid by said pranlee, the receipt whereof is Mr.by aeknowledoad, has granted, bargained and told to the +aid grantee, and grantees hei,% and assigns forever, the lollawing desc rib,d fond, situate, lying and being in Collier County, Florida, to•wil, Lot 2. Block 0, PINE RIDGE EXTENSION, per Plat in Plat Book 3, page $1, Public Records of Collier County, Florida. SUBJECT to restrictions, reservations and easements common to the subdivision. cps•►," +'rcu /,orb i "•' rl.oq pA M s t PHrat and told grantor does hereby fully warrant the tine to aid land, and will defend the some against the lawful claims of all p,orsons whomsoever. I ' "Grantor" and "grantee" are used for singular or plural, as contest requires. �tl 111tnras 18Ilrreaf, Grantor but hereunto set promos+ hand and seal the day and year (ill) above written. Signed, sealed and deliveted in our presence: P.W. tRll�+�- 1 dd1�E_ rpr _ . EDWARDS, TRU TEE OF THE DWARDS' � � & Q .1$2Jd fMRTTARI F TDIIST Imo csa� STATE OF FLORIDA COUNTY Of COLLIER ,. i HEREBY CERTIFY that an this day before me, an officer duly' qualified to take acknowledgments. pertonaiy appeared r P. W. EDWARDS, TRUSTEE OF THE EDWARDSI CHARITABLE TRUST to me known to be the person described in and who executed the foregoing instrument and acknowledged before mt that be executed the some, tti • VMINESS my hand and official seal in the County and Slate lost oforcsoid this days of Ill y [t -7EA- 19 •i • . "' L.r J LKL My comminion expinu ' L•vR' a. L . - • aC . Notary Pubic • •'�/C/(Mt0 %lLSlyT- • !:• • O 1'. `':"•'.. NOTARY T1rct:. si , ; rY, 'n6ctr.A ..T IAr^t S,t•R. ;/ �:�vl" �.�MYCO•ei.1'r:....:t:::': >.;: ., r,c: • Fxuii% b•R,, tr.•M•.. yt ••. �I. 1::.,•1..•.•.u,i.te•:rJ ..1<0`41 N il+Atir /RArI i'7,. j -�ri, `C.•' KRflei, /� i►ijYO •',' ; ' •� ;;�" t ,,, fttl Ti" "d art c� a esi.,nt Ina _ 7*01 :� r kM 1 4 L Packet Page -3891- 5/14/2013 17.A. 01476279' 1991 RAY -2 aNIi:i9 ?,5 b COLLIER COUNTY RECORDED THIS WARRANTY DEED Made the IST DAY OF MAY , A.D. 1991 by ` ROBERT MARVIN MONTGOMERY and WINONA C. MONTGOMERY, HUSBAND AND WIFE hereinafter called the grantor, to iEC THE COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC., a corporation FR Hinting under the laws of the State of Florida, not for profit. INIT "" "'" with its permanent lNO...._._., past office address at: 6926 U.S. 41 North Naples, Florida 33963 hereinafter called the grantee: (Wherever used herein tht terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal represen- tatives and ensigns of individuals, and the successors and the successors and assigns of corporations.) a ' WITNESSETH: That the grantor, for and in consideration of the ca 4 sum of $10.00 and other valuable considerations, receipt whereof = Is hereby acknowledged, hereby grants, bargains, sells, aliens, LM , remises, releases, vonveys and confirms unto the grantee, all O M that certain land situated in Collier County, Florida, viz: -;Iz tv t LOT 3, BLOCK O, PINF• RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.06728E200008 SUBJECT TO TAXES FOR THE YEAR 1991 AND SUBSEOUENT YEARS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND LIMITATIONS TOGETHER o WITH EASEMENTS AS THEY APPEAR AMONG THE PUBLIC RECORDS OF COLLIER c COUNTY, FLORIDA, AND APPLICABLE ZONING ORDINANCES, IF ANY. _ TOGETHER with all the tenements, hereditaments and appurtenan- ces thereto belonging or in anywise appertaining. M. TO HAVE AND TO HOLD, the same in fee simple forever. AND the orantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, ekcePt taxes accruing subsequent to December 31, 1990. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence: q A .�RT MAR��IN . ONTGO RY Cpr � WI NESS 42 WINONA C. MONT OM6 � : vv STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ROBERT MARVIN „ MONTGOMERY and WINONA C. MONTGOMERY, HUSBAND AND WIFE to me known to be the Persons described In and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last „Afgasaid this 111yT DAY OF MAY, A.D. 1991.0 A}LnJ d Notary Public =' 0 XMW PUNIC, ghte of Flalar at Lam My commission explrod�b ;��iwy��l F•n I',fi~i:natrument prepared by: Global Title Company deceived$; , • :,mo Tax 4501 Tamiami Tr . N. 0107 r ±1 ...... " Naples FL 33940 :. "tN.,d p0.�0A flecelvea b ,. .' , t _e 'y,r. _ "�i i„ File ilGT 777 -91 :•.i ; ^OLDER C NTY CLkkR OF' �i By- Packet Page -3892- 5/14/2013 17.A. f`,r'i618 ??0171(' 106-0 0R 1001; PAGE 70.0 THIS WARRANTY DEED Made the 21 DAY OF MAY A.D. 1991 by REC ROBERT MARVIN MONTGOMERY, joined by his wife WINONA C. PRM SaMONTGOMERY DOC INT hereinafter called the grantor, to IND co" THE COVENANT PRESBYTERIAN CHURCH OF NAPLES. INC., a corporation %5r000' existing under the laws et the State of Florida, not for profit, with its Permanent Post office address at: 6926 U.S. 41 North Naples, Florida 33463 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal represen- tatives and assigns of individuals. and the successors and the successors and assigns of corporations.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, M hi remises, releases, conveys and confirms unto the grantee. all 06 that certain land situated in Collier County. Florida, viz: LOT 4, BLOCK O, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51 OF THE PUBLIC N ° RECORDS OF COLLTER COUNTY. FLORIDA. a-. w z C PROPERTY I.D.4672SS200000 THIS IS VACANT LAND. SUBJECT TO THAT CERTAIN MORTGAGE EXECUTED BY ROBERT MARVIN MONTGOMERY. A MARRIED MAN TO JOAN E. GUIDI, DATED MAY 21. 1991 AND RECORDED MY23 . 1991 IN O.R. BOOK 1618 AT PAGE 694 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, WHICH HAS A -.;Zr >- PRINCIPAL BALANCE OF $100,000.00. WHICH SAID GRANTEE HEREIN Lp = AGREES TO ASSUME AND PAY. _ S c'r) U SUBJECT TO TAXES FOR THE YEAR 1991 AND SUBSEQUENT YEARS, co w CONDITIONS, RESTRICTIONS, RESERVATIONS AND LIMITATIONS TOGETHER -'_ WITH EASEMENTS AS THEY APPEAR AMONG THE PUBLIC RECORDS OF COLLIER o COUNTY, FLORIDA, AND APPLICABLE ZONING ORDINANCES. IF ANY. C v. TOGETHER with all the tenements, hereditaments and appurtenan- ces thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land: that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1990. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence: QWWAYX WITNESS q ROBE T ARVIN MOt,� W N2 WINONA C. MONTGO ERY teee"d $ "74 2, ' S0 Documentary Stamp I&& Received $ ` e Class "C"Intons:ble ry aertonal Property Tax rou.IER COUNTY CLERK Of COURTS RY -� �ycl tft4t�L• _ D f Packet Page -3893- f!R1618 001711 OR BOOB PAGE STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ROBERT MARVIN MONTGOMERY joined by his wife, WINONA C. MONTGOMERY to me known to be the persons described in and who executed the foregoing instrument and they acknowledged befoT me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this pods( DAY OF MAY, A O 1991. !. T Notary Public r +' "WPudksnaefFb,fmftLvp CgEgLC• My commission expW#rhftEvG- Jwy2Zj%4 • C ;: i C� i"hia instrument. prepared by: Global Title Company 4501 Tamiami Tr. N. #107 Naples, FL 33940 File #GT- 4791 -91 Y d GA �St �•. li Packet Page -3894- /14/2013 11.A. RECiJL% ` PRM DODOC o 44 0154 1 4 9 2 N OM 17 IAA � 58 T —" 10.5 COLLIER COUNTY RECORDED t4m.eo . _.,QS,4 TEIO NARRMMY DEED Made the %/,? DAY OF DECEMBER, A.D. 1991 by ARMANDO PEPENELLA and ADA PEPENELLA, HIS WIFE L 8 whose address is 511 Went Street, Naples, FL 33963 hereinafter called the grantor, to COVENANT PRESBYTERIAN CHURCH OF NAPLES, INC.., a corporation not - for - profit existing under the laws of the State of Florida, with its permanent post office address at: 6929 Trail Blvd. whose Tax I.D. ! is: Naples, Florida 33963 hereinafter called the grantee: (Wherever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and the successors and assigns of corporations.) ■ITHSEEETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Collier County, Florida, viz; LOT 5, BLOCK "011, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D./67285280002 TOOETHlst with all the tenements, hereditament* and appurtenan- ces thereto belonging or in anywise appertaining. TO HAVH AND To HOLD, the same in fee simple forever. AM the grantor hereby covenants with said ?rants* that the grantor in lawfully seized of said land in fee simples that the grantor has good right and lawful authority to sell and convey said lands that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whowseeverr and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 1991. IN MIMIN WHRRXOT, the said grantor has signed and sealed the** presents the day and year first above written. saaled,gd delivered in our presences Pri taWitne Naafi ✓�-/�__ A utDO P , rr ILt,�• b• E>l�i.%fGLl�/1�%P L. ✓ � .a. WITNtd AOA CPEHELLA OF Print Witness Homes /hirZ 11ctIod t LAZIao nY0•''�et. •, ass ; 1: �11Gea!ad f Pi•µ '. • � 't . .OLLIEN COU1ilY Ct(4 nr A M. I�r�l�n►a+M+'1 Packet Page -3895- O 00 � o � O ;X b ,D o c7 � M ti 5/14/2013 17.A. . Asti ooi3�a OR BOOK PAGE STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorised in the state aforesaid and in the County aforesaid to take acknowledgements, personally appeared AR1MD0 PEPENELLA and ADA PEPENELLA, HUSBAND AND WIFE to ne known to be the persons described in and who executed the foregoing instrument and they acknowledged before as that they executed the ease. Witness my hand and official seal in the County and state last aforesaid this 1 DAY OF DECEMBER, A.D. 1991. ry Pu c Print �NQt4ry Nam,: -/ poS.y dj1/1,V:e2Z L My Zomaission expires '� . ''Litt •'• . 1b C WY hAk Siato 41ra " ��' 1•'' i,.�irtrument prepared by: 5�~ b tb4Tf '�Titl Company r 3001 Tamian, Tr. H. 4107 'r.s ap ea, FL 31940 File 4GT- 5812 -91 N „'••., „���! nth °. V qtiv; . Packet Page -3896- 5/14/2013 17.A. L 3 WARRANTY DEED 5/14/2013 17.A. 3530526 OR: 3703 PG: 2003 RECORDED in 01TICIA1 RECORDS of COLLIER COUM , FL 11123/2004 at 02:24PK DIRGE! 1. EROCt, CLERK MIS 1670000.00 RIC 111 27.00 DOC•.70 11690.00 Reta: 000BLETTI CRIME It AL 4001 SAKIAXI !R N #300 NAPLES PL 34103 THIS WARRANTY DEED, made on the 21' day ofDecember, 2004, between Living Word Family Church, Inc., a Florida not for profit corporation, whose post office address is 521 West Avenue, Naples, Florida 34108, Grantor, and Covenant Presbyterian Church of Naples, Inc., a Florida not for profit corporation, whose post office address is 6929 Trail Boulevard, Naples, Florida 34108, Grantee. (Where used herein the terms Grantor and Grantee shall be construed as singular or plural as the context requires.) WITNESSETH that the Grantor, for and in consideration of the sum of TEN AND 00 /100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A. Property ID Numbers 67285360003 and 67285320001 Subject to: (a) ad valorem real property taxes for the year 2005 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Warranty Deed Page 1 of 2 W lDl _ Packet Page -3897- _- - ..... ......... 5/14/2013 17.A. OR: 3703 PG: 2004 AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor hereby fully wan-ants the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his or her hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in the presence of- Witness #1 Print Name: G'14 i ess #2 M P Name: Jawlyk %-'o Living Word Family Church, Inc., a Flo>t By= STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of&Zetpher 2004, by Paul Foslien as Presid of Living Word Family Church, Inc., a Florida not for profit corporation, who is personally known to me or who has produced as identification, and who did not take an oath. TRACMUNKLE .r_ MY COMMISSION ► DD 255444 EXPIRES. November 6, 2007 PREPARED BY: Kevin G. Coleman, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 PREPARATION OF DEED ONLY. NO OPIMON OF TITLE RENDERED. Notary Public Print Name: l Commission Expires'MmenMr 0 Warranty Deed Page 2 of 2 Packet Page -3898- __ ._....._ 5/14/2013 17.A. * ** OR:-3703 PG: 2005 * ** Exhibit A Part of Lot 6, Block 0, Pine Ridge Extension, being more particularly described as follows: A tract or parcel of land being a part of Lot 6, Block 0, Pine Ridge Extension, according to the plat thereof recorded in Plat Book 3, Pages 51 through 51E, inclusive, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Southeast comer of said Lot 6, thence North 00 °00'11" East, along the East line of said Lot 6, for 156.94 feet to an iron rod and cap #6569, now set; thence along the arc of a non - tangential curve to the right, having as its elements a radius of 45.00 feet, a central angle of 34 043'54 ", a chord of North 59 016'57" West for 26.86 feet, for an arc distance of 27.28 feet; thence South 88 057'37" West for 276.96 feet to the West line of said Lot 6, passing over an iron rod and cap #6569, now set at 176.98 feet; thence along the West and South lines of said Lot 6 the following two (2) courses; South for 165.64 feet and North 89 059'54" East for 300.00 feet to the point of beginning. AND Lot .7 and a part of Lot 6, Block 0, Pine Ridge Extension, being more particularly described as follows: A tract or parcel of land being Lot 7 and a part of Lot 6, Block 0, Pine Ridge Extension, according to the plat thereof recorded in Plat Book 3, Pages 51 through 51E, inclusive, of the Public Records of Collier County, Florida, said tract or parcel of land more particularly described as follows: Beginning at the Northeast corner of said Lot 7, thence South 00 000'11" West, along the East line of said Lot 7 and a portion of the East line of said Lot 6, for 252.977 feet to an iron rod and cap #6569, now set; thence along the arc of a non - tangential curve to the right, having as its elements a radius of 45.00 feet, a central angle of 34 043'54" a chord of North 59 016'57" West for 26.86 feet for an arc distance of 27.28 feet; thence South 88 05737" West for 276.96 feet to the West line of said Lot 6, passing over an iron rod and cap #6569, now set at 176.98 feet, thence along the West lines of said Lots 6 and 7, North for 244.45 feet to the Northwest comer of said Lot 7; thence along the North line of said Lot 7, South 89 15759" East for 300.00 feet to the point of beginning. Packet Page -3899- 5/14/2013 17.A. C COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ 2800 NORTH HORSESHOE DRIVE PLANNING AND REGULATION NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252 -8358 SNww co8ieroav nRt AFFIDAVIT We/I John Covenant Presbyterian Church of N pies Inc + meter as press r?ont of being first duly sworn, depose and say that we�) pm /are the owners of the property described herein and which is the subject matter of the proposed hearings that all the answers to the questions in this application, Including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I unde Information requested on this application mus rstand that the t be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been =bmilted. As property owner We /1 further authorize Richard D. Yovanov Ito pct as our /my representative in an matters regarding this Petition. o Coleman alto act o & -A , _ r-, Koester PA Sign re of PropVity Owner Signature of Property p nY Owner Jd,,,, C_ -1-, - JA_ Typed or Printed Name of Owner Typed or Printed Name of Owner The for oin in rum�?ent wps a�c�" ow.ie1ged before me this 201, bygO/Ln G� / day of�Gl�l., who is personally known to me or has produced as identification. State of Florida County of Collier �+"'r "�� Notary Public State of FloMa Constance Wagers '� My Commisaloe EE0a7114 or h Expires 07/0112016 41gnaXtu`reo�fNotaryv Public -State of Florida) U.--- (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -3900- February 4,2011 5/14/2013 17.A. coffer unty COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 262-2400 FAX (239) 252 -6368 www.collleraov,net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fag imp titleholders and owners of reoord of property commonlyknownas n r •_4„ti.{,_ CV.vsck o aolet. vaa. {Street address and City, State and Zip and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for rend planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to. the hiring and authori ation of agents to assist in the preparation of applications, plans, survoys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorim development activity on the property until such time as a new oramended covenant ofunified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements. conditions, or safeguards provided for in the planned unit development process will constitute a violation ofthe Land Development Code. 4. Ail terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the plamred unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force. Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safe ds of the planned unit development. Owner Owner d L f4er . Ll rinted Name Printed Name STATE OF FLORIDA) COUNTY 1r a COLLIER) y / ��� y� XX Sworn to (or affirmed) and subscribed before me this ds of ' C./2 204oZ b � t-• Lf /(G1� -tai who is personally known to me or has produced as identiftcatio . . xa�u4 Constance W Florld� otary public eT My Commisolon EE007114 (Name typed, printed or stamped) 11d- EX082 07!0112010 February 4, 20111 Packet Page -3901- 5/14/2013 17.A. ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE ALL REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93+- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., has petitioned the Board of County Commissioners to revise the Heavenly PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A ", LIST OF PERMTTED USES OF ORDINANCE NO. 2009-15. Exhibit "A ", the List of Permitted Uses of Ordinance No. 2009 -15, is hereby amended and replaced with Exhibit "A" attached hereto. SECTION TWO: AMENDMENT TO EXHIBIT "F ", LIST OF DEVELOPER COMMITMENTS OF ORDINANCE NO. 2009-15. Exhibit "F ", the List of Developer Commitments of Ordinance No. 2009 -15, is hereby amended and replaced with Exhibit "F" attached hereto. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Heavenly PUDA / PUDA- PL20120001104 Page i of 2 Rev. 4/49/13 Packet Page - 3902 - ( a, 5/14/2013 17.A. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12013. ATTEST DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LOU GEORGIA A. HILLER, ESQ. Chairwoman Attachments: Exhibit A — List of Permitted Uses Exhibit F — List of Developer Cornmitments CPA 2- CPS - 01170\21 Heavenly PUDA 1 PUDA- PL20120001104 Page 2 of 2 Rev. 4/09/13 Packet Page -3903- �q. EXHIBIT A (TRACT A) PERMITTED USES: 5/14/2013 17.A. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. A house of worship with a maximum seating capacity of 1,000 individuals. See Exhibit F. Tract A, Commitment Number 6). B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre- K/Kindergarten / School, limited to I" through 8th 3,4; with nc more than a combined cumulative total of 220 students /individuals enrolled /attending for the` ' entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students /individuals for the entire CFPUD does not exceed 220. 5. Non- commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited, Business and trade activities, including but not limited to a "market ", ``community market ", direct marketing outlet or "farmers' market ", are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: 1. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. HeavenlyPUD \PUDA- PL20120001104 I of2 Rev. '8 /23/12 Words sh:u are deleted; words underlined are added. Packet Page -3904- (TRACT B) PERMITTED USES: 5/14/2013 17.A. No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. House(s) of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social /Meeting and Activity Center 3. Administrative Offices 4. Child/Adult Day Care / Pre- K/Kindergarten / School, limited to 1" through 8th 3 "d; with no more than a combined cumulative total of 220 students /individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership] provided the total number of students /individuals for the entire CFPUD does not exceed 220. 5. Non - commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like, and structures customarily associated with the permitted principal uses and structures: except that parking garages are prohibited. Business and trade activities, including but not limited to a "market ", "community market ", direct marketing outlet or "farmers" market ", are not accessory uses associated with the permitted principal uses and structures. Heavenly PUD\PUDA- PL20120001104 2 of 2 Rev. 8/23/12 Words stslE -4:rst a# are deleted; words underlined are added. Packet Page -3905- 5/14/2013 17.A. EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) 1. The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re- grading of the right -of -way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. 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 lave. enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A south bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed - concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students /individuals enrolled in Child/Adult Day Care / Pre - K/Kindergarten / School, limited to 1St through 8th ��, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (110 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. Heavenly PUDTUDA- PL2012000I l 04 1 of 2 Rev. 8/23/12 Words c4F4h are deleted; words underlined are added. Packet Page -3906- 5/14/2013 17.A. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre- K/Kindergarten/School limited to lit through 8th 3�d for the entire CFPUD ( "the base ") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and will include traffic counts at Ridge Drive and West Street and Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 347 and /or the additional 110 students /individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering Attached as Exhibit H. (TRACT B) 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. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. Heavenly PUMPUDA- PL20120001104 2 of 2 Rev. 8/23/12 Words s# uek- � are deleted; words underlined are added. Packet Page -3907- 5/14/2013 17.A. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 2013, in the.Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider. the enactment of a County Ordinance. The meeting will commence at 9:00 A. ."The title of the .proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY PUD, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE.LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO - REPLACEi ALL REFERENCES TO • THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, :FLORIDA CONSISTING OF 15.93' ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the,Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE:. Ail persons wishing to speak on >any agenda item must register With the County administrator prior to presentation of the agenda item to be. addressed. Individual speakers will be limited to 3 minutes on any' Item.. The selection of an individual to speak on behalf of, an organization or group is encouraged..' If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included: in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material intended to be considered, by the Board shall be submitted to the appropriate County staff a minimum of seven days Prior to the public hearing. All material used rn presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the: Board will need a - record of the proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the Proceedings is made, which record: includes ` the testimony 'and evidence upon which the appea l is based. If you are a person with a disability who needs any. accommodation 9 order to participate in this proceeding, :,you are entitled, at no cost to your to the provisiorY of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East," -Suite #101, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ; CHAIRWOMANr DWIGHT E.'BROCK, CLERK 4 -By: : :Ann Jennejohn, Deputy Clerk (SEAL) Anrii26 2013 No 19R7290 Packet Page -3908-