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Agenda 12/13/2011 Item #16A 612/13/2011 Item 16.A.6. n PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to approve a minor amendment to the Heavenly Planned Unit Development in a rdance with LDC Sections 10.02.13.E.6 and 8 to change the location and type of plantings and :,,r 'se the buffer standards to reduce the height of trees and plantings due to site conditions and cts with FPL lines, and to allow payment in lieu of sidewalks instead of construction of a sidewalk long Myrtle Road from North Trait Boulevard to the project entrance. The subject property is lo ted at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West S Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier Conn , Florida. OBJECTIVE: To have the Board of County Commissioners (F referenced petition and render a decision regarding petition; and ensure the project is in harmony with ensure that the community's interests are maintained. CONSIDERATIONS: This petition was originally scheduled to be heard request of Commissioner Hiller, who asked the agent all entities were in agreement with the proposed chani n To that end, the petitioner, John Hunter who is the P Naples, submitted a letter to Commissioner Hiller, c taken to comply with the Commissioner's request. material, staff s prior executive summary material, a contacted. Mr. Hunter explained in his letter that he numerous attempts. The documents noted above commissioners' consideration. ) review staff s findings regarding the above s Minor Change to a PUD Master Plan (PMC) the applicable codes and regulations in order to September 13, 2011, but was continued at the reach out to the community to better ensure that se I Project Manager for the Covenant Church of ed October 24, 2011 explaining the steps he had The letter was accompanied by the application four documents signed by the persons who were d been unable to reach three other persons despite re included in the backup information for the The petitioner is seeking administrative approval of minor refinements to the adopted Heavenly PUD (Ordinance #09 -15) Master Concept Plan pursuant to Section 10.02.13.E.8 of the Land Development Code (LDC), and changes to the text of the PUD document in Exhibit B, Development Standards for Tract A, Section A.4, and Exhibit E, List of Requested Deviations from LDC (Tract A) # 1 and #3. The original PUD included stringent buffer and sidewalk requirements to address concerns raised by the Pine Ridge Civic Association. The changes are being requested because after construction commenced, it was determined that the required specific buffer trees would interfere with existing overhead power lines. The sidewalk that was required would require the removal of several mature oak trees. The petitioner has provided a March 15, 2011 letter from the president of the Pine Ridge Civic Association, representing the residents of Pine Ridge subdivision. A 12/23/2010 letter has also been provided from Christian Andrea, at Architectural Land Design, Inc., explaining the site conditions that warrant the requested changes. The changes to Ordinance 09 -15 text are shown in a strike -thru and underline format below: Exhibit B Development Standards for Tract A. Item A: Buffers: Heavenly CFPUD, PMC- PL2011 -872 Page 1 of 4 Revised: 11/8111 BCC Hearing Date 9/13111 Packet Page -1075- 12/13/2011 Item 16.A.6. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana,and/or Bucida buceras provided in 65 Gallon containers at 14 in feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana/Bucida buceras is ^ e to be plafAed 10 feet fro the eenter- line of the r^ .,,. id lanti .,, bed +..wafd" the ^d damn ROW d is are speed sally not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd buffer- trees shall be Reyst- ,nia a .. ,. (Re al Rains) ^ provided f •„ d t #3 ,�...,- ...... , �b. �� .,�... � .......,� " pry =o= iucazvri-irzrc��cccrorrTr�: 3. * * * * * * * * * * * * * ** 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 42 8 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. (b) Along West Street the hedge shall be maintained at a minimum height of 402-8 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 4-2 8 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. Exhibit C: Master Plan The petitioner has provided a Master Plan, dated last revised 4/25/11 that depicts the changes proposed. Exhibit E, List of Requested Deviations from LDC (Tract A): 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 ayeng tha4 p eAi . e f „yftl^ Read bey Trail Boulevard ru a iu the pyJcyt b . The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right -of -way and that portion of Myrtle Road between Trail Boulevard and the project ingress-egress drivewa ty o Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. I - - - - - ..� Heavenly CFPUD, PMC- PL2011 -872 Revised: 11/8/11 BCC Hearing Date 9/13/11 Packet Page -1076- Page 2 of 4 12/13/2011 Item 16.A.6. It is the opinion of staff that the proposed minor refinements, while somewhat exceeding the criteria contained in the LDC citation noted above allowing administrative approval of minor changes to an approved Master Plan, are appropriate given the letters of support for the changes provided by the parties who were instrumental in getting the original requirements included in the PUD document. The project remains consistent with the Collier County Growth Management Plan, and the administrative approval does not relieve the project from compliance with all applicable federal, state and local regulations and procedures. Staff is therefore asking the BCC to confirm that a formal PUD amendment should not be required as all originally affected parties are in agreement. Heavenly CFPUD, PMC- PL2011 -872 Revised: 11/8/11 BCC Hearing Date 9/13/11 Packet Page -1077- Page 3 of 4 n 12/13/2011 Item 16.A.6. 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 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 to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff was not required to review this petition because the proposed action does not affect this project's original consistency determination. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This is an administrative petition, not requiring public hearings before the CCPC. LEGAL CONSIDERATIONS: ^ This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for approval. STW RECOMMENDATION: Staff recommends that the BCC affirm staff's approval of the proposed changes to the Heavenly CFPUD. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Application 2) Ordinance #09 -15 3) Backup material Heavenly CFPUD, PMC- PL2011 -872 Revised: 11/8/11 BCC Hearing Date 9/13/11 Packet Page -1078- Page 4 of 4 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6. 12/13/2011 Item 16.A.6. Item Summary: This item has been continued from the September 13, 2011 BCC meeting. PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to approve a minor amendment to the Heavenly Planned Unit Development in accordance with LDC Sections 10.02.13.E.6 and 8 to change the location and type of plantings and to revise the buffer standards to reduce the height of trees and plantings due to site conditions and conflicts with FPL lines, and to allow payment in lieu of sidewalks instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project entrance. The subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. Meeting Date: 12/13/2011 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 11/2/2011 1:30:21 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 11/3/20113:27:28 PM Name: LorenzWilliam Title: Director - CDES Engineering Services, Comprehensive Date: 11/8/2011 11:30:52 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 11/8/2011 11:31:14 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 11/9/2011 10:10:28 AM Packet Page -1079- ,..� Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/9/2011 11:26:24 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 11/15/2011 10:07:11 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/20113:38:06 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/28/20112:17:01 PM Name: OchsLeo Title: County Manager Date: 11/29/20113:54:17 PM Packet Page -1080- 12/13/2011 Item 16.A.6. 12/13/2011 Item 16.A.6. BellowsRay From: BellowsRay n Sent: Wednesday, February 23, 20118:44 AM To: rayhusker @aol.com Subject: FW: Heavenly PUD FYI From: AshtonHeidi Sent Thursday, January 27, 20119:32 AM To: BellowsRay Cc: Richard Yovanovich; KlatzkowJeff Subject: Heavenly PUD Ray, As to the Rich's request to process some minor amendments under Section10.02.13.F.5 of the LDC, I don't recommend that you go that route as that Section is intended to apply to PUD close -outs. You could consider processing this as a minor amendment under Section 10.02.13.E.6 and 8. If you go this route, then I recommend placing it on the BCC consent agenda and giving any Board member an opportunity to pull it before it becomes effective. The proposed changes are: n Due to power poles around the lake, place trees interior to the hedge at the location around the lake only. Due to relocating trees closer to the lake, to switch out the type of trees to a comparable trees around the lake only. The original type of trees may not due well close to the lake, which will be more wet. Reduce height of hedge from 12 feet to 8 feet Remove sidewalk on Myrtle from Trail Boulevard to Eastern Access Point. This was a requirement of transportation which they have removed. (all of the changes will be approved in writing by the President of the Homeowner's association) Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 Fast Tamiami Trail, Suite 800, Naples, FL 3411`2 1*_\ Packet Page -1081- . 12/13/2011 Item 16.A.6. �, c'6 &r 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.colliergov.net MINOR CHANGE TO PUD MASTER PLAN (PMC) LDC 10.02.13 E.8 Minor changes to the PUD master plan may be allowed during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of the LDC and Growth Management Plan. PMC- PL2011 -872 COVENANT PRESBYTERIAN PROJECT NUMBER CHURCH OF NAPLES PROJECT NAME DATE PROCESSED DATE: 5/6/11 DUE: 6/6/11 �— APPLICANT /AGENT INFORMATION NAME OF APPLICANT(S) The Covenant Presbyterian Church of Naples, Inc., a Florida not for profit organization ADDRESS 6426 N. Tamiami Trail CITY Naples STATE FL ZIP 34108 TELEPHONE # E -MAIL ADDRESS: CELL # NAME OF AGENT Richard D. Yovanovich ADDRESS 4001 Tamiami Trail North #300 CITY Naples STATE FL Zip 34103 FAX # 239 -435 -1218 FAX # TELEPHONE ,it 239 -435 -3535 CELL # _ E -MAIL ADDRESS: rovanovich @cykiawfirm.com Is the applicant the owner of the subject property? ❑ Yes ❑ No ❑ (a) If applicant is a land trust, so indicate and name beneficiaries below. Q (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Packet Page -1082- August 30, 2010 12/13/2011 Item 16.A.6. Cot ker 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.coillemov.net (if space is inadequate, attach on separate page.) PROJECT INFORMATION PUD ORDINANCE NAME AND NUMBER: Heavenly Community Facility PUD Ordinance NO. 09-15 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject portion. Provide Written Description of Map Change (If space is insufficient use attachment) Does amendment comply with the Comprehensive Plan? 0 Yes ❑ No If no, explain: Has a public hearing been held on this property within the last year? ❑ Yes Q No If so, in whose name? Has any portion of the PUD been SOLD and /or ❑ DEVELOPED? Are any changes proposed for the area sold and /or developed? ❑ Yes Q No If YES, describe (attach additional sheets if necessary) Officer detail: President/John C. Hunter III, VP /Harold Henderson, I reasurer /Norman Caspersen, Secretary/Tom Comella Also, please see attached information explaining the minor changes. August 30, 2010 Packet Page -1083- 12/13/2011 Item 16.A.6. Ccifle"r 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.colliergov.net MINOR CHANGE TO PUD MASTER PLAN (PMC) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED REQUIREMENTS # OF COPIES SUBMITTED NOT REQUIRED (1 additional copy if located in Immokalee) (1 additional copy if for affordable housing) ❑ $50.00 Fire Review Fee Completed Application (download from website for current form) 3 ❑ Cover letter 3 ❑ Current Master Plan & 1 Reduced Coy 3 ❑ Revised Master Plan & 1 Reduced Copy 3 ❑ Owner/Agent Affidavit signed & notarized 2 ❑ Li Copy of completed Addressing Checklist t ❑ Copy of 8 1/2" X 11 " graphic location map of site 1 ❑ Fee Calculations: $1,000.00 Application Fee ❑ $50.00 Fire Review Fee Other Fee Total $ Date Packet Page -1084- August 30, 2010 12/13/2011 Item 16.A.6. 'H Y.fNU, Go Y Y Go- anty n COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT Presbyterian Church We /I, John Hunter as President of Covenant being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; 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 understand that the information requested on this application must 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 submitted. As property owner We /I further authorize Richard representative in any matters regarding this Petition. Sig ature of Pro rty Owner Yovanovich to act as our /my Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ,lq�h day of r J 2011 byhn,• �il�(.Y1,4� who is personally known to me or has produced State of Florida County of Collier QUIN;,, /*�� ����r� •issioyF yl''�� .�v �aY 28, 2p��A9 •S . ct o NEE 031402 ; p�2 tic as identification. (Signature of Notary Public - State of Florida) D16 -nno- Qit. nh niltq (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -1085- August 30, 2010 12/13/2011 Item 16.A.6. 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@cyklawfiTm.com NORTHERN TRUST BANK BUILDING Linda C. Brinkman 4001 Tamiami Trail North Craig D. Grider Suite 300 Matthew M. Jackson Naples, FL 34103 Alex R. Figares 239 -435 -3535 Jeffrey J. Beihoff 239 -435 -1218 Facsimile April 18, 2011 EXPLANATION OF REQUEST Of Counsel: Kenneth R. Johnson Covenant Presbyterian Church acquired Tract B. Covenant Presbyterian Church now owns all property within the PUD. The buffer standards within the PUD document were agreed to by Covenant Presbyterian Church and the Pine Ridge Civic Association as part of the adoption of the Heavenly PUD. The buffer standards are very detailed and go beyond the detail customarily included in a PUD document. Since the adoption of the PUD, it was discovered that the buffer standards set forth in Exhibit B, Section A.2 can't be fulfilled as a result of overhead power lines. Attached is a letter from Christian Andrea explaining the issues. In addition, the hedge height of twelve feet set forth in Exhibit B, Section A.4 (b) is no longer being required by the Pine Ridge Civic Association. We are requesting that the Board of County Commissioners approve the revisions to buffer standards set forth in Christian Andrea's letter. Finally, we are requesting the deletion of the sidewalk along Myrtle Road from North Trail Boulevard to the project entrance. Construction of the sidewalk would result in the removal of mature oak trees. A payment in lieu of sidewalks will be made to the County. Attached is a letter from the Pine Ridge Civic Association approving the requested changes. Packet Page -1086- 2113/201 i ) (0 A • " March 15, 2011 Raymond V. Bellows Planning Manager Department of Land Development Services Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Revisions to Heavenly PUD Dear Mr. Bellows: The Pine Ridge Civic Association, representing the residents of Pine Ridge subdivision, worked closely with Covenant Presbyterian Church in the drafting of the provisions within the Heavenly PUD. Some of the provisions that we requested regarding the landscape buffer are not capable of being constructed. The Pine Ridge Civic Association is in full agreement with the changes to the Heavenly PUD which are being requested by Covenant Presbyterian Church. The changes to which we agree are: 1. Moving the planting location for the buffer trees from that stated in Exhibit B, Section A, paragraph 2 to the locations indicated on their revised plan inside of the hedge line and allowing the church to make the choice of type of tree between the listed Live Oaks and an alternate of Black Olives; and 2. Changing the minimum maintained height of the buffer hedge referenced in Exhibit B, Section A, paragraph 4(a) from 12 feet to 8 feet; and 3. Elimination of the sidewalk along Myrtle Road between the Church entrance and North Trail Boulevard. We appreciate your consideration on this issue. Sincerely, President December 23, 2010 Collier County 2800 Horseshoe Drive South Naples, FL 34104 Re: COVENANT PPE(SBYTEM CRUNCH (Project No. 10- 001 -01) Dear Sir; 12/13/2011 Item 16.A.6. The buffer provisions within the PUD were originally prepared by Landscape Architect Michael Spencer on behalf of the Pine Ridge Civic Association. As we began the SDP process, we determined that some of the buffer standards will not work with the existing site conditions. Accordingly, we are requesting some minor revisions to the buffer requirements for the church due to some conflicts with utilities on the site. Under the Buffers portion (A. Buffers 2.) of the PUD document, we are asked to install Live Oak trees 14 -16 feet in height 30' on center, relatively close to the R/W line. Along West Street there are existing overhead utility lines that cause a conflict with the proposed placement of mature canopy trees in this location. Per FPL design guidelines, trees of this type need to be located at least 30' from the overhead wires. Our revised plan shows these trees shifted inwards, away from the street to satisfy this 30' separation requirement. In the southeast corner of site the proposed location of these relocated buffer trees end up getting quite close to the lake bank, and there is a concern that Live Oaks will not perform well, that close to the water table. We have met w/ Michael Spenser, and he has accepted the revised planting location and the substitution of Black Olive trees in place of the Live Oaks, as they are more tolerant of wet conditions. Along Trail Blvd we also have conflicts with overhead utilities. We are choosing not to implement deviation No 3. This deviation allowed the church to plant only Royal palms along Trail boulevard. Due to the overhead utility conflicts, and design issues, we have chosen to comply with the landscape code and not need to ask for Chia ticviativu. Lastly Item A. Buffers 4(a); Required a 12' hedge to be maintained along Myrtle Road and West Street. In discussions with the Pine Ridge Civic Association it was agreed that maintaining the hedge at 8' would be adequate to satisfy the screening needs of the community. Sincerely, Christian Andrea ASLA Landscape Architect L A N D S C A P E A R C H I I' E C 7' U R F 2780 S. 1 lorseshoe Drive Suite 5 Naples. FL 34104 3': 239.430.1661 N: 239.430.1664 DesiknCa!MylandscaneArchitect .net Licenses Florida :LC26000259 North Carolina: NC 1598 Packet Page -1088- 10000BbBZL9- -N =!ID! {ppOb96BZL9'DN�loJ AIIWtlj 31, sn A'llWtld 319N15 I t_d5a Cu., fiu! I_!sa 6u�uoz ___ - ------ jil t; >o o Magi �i i �i 4i I 1 I � .l I I I i of _ =off LL! �o �v4 i iB IN o myg s' m i IBM IM Packet Page -1089- -° 12/13/2011 Item 16.A.6. yII § $ q�e 38 t i �a alp I D a 2 J I I 1 Z I ! t g ; �! m ai wi 0 LL o e� wig a � s In�� w MIN ? 12131 ^� R 12/13/2011 Item 16.A.6. ORDINANCE NO. 09-- -15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, -= WHICH INCLUDES THE COMPREHENSIVE ZONING `- REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY r -' 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. :h WHEREAS, Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., representing The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF -1 Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through 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 -1090- 12/13/2011 Item 16.A.6. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this � day of A/..-c , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS D)VGAM "g. MACK, Clerk COLLIER COUNTY, FLORIDA •y1 BY: r I�e uty Clerk DONNA FIALA, Chairman ,p'�hs S 1 iAttiik`V oR I " n Approved as to form and legal sufficiency: p txL/ � eidi Ashton -Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments Exhibit G - Graphic Depiction & Guide of Vertical Building Height Exhibit G -1- Graphic Depiction & Guide of Vertical Building Height -Tract B Exhibit H - Conceptual Architectural Rendering Exhibit I - Conditions of Approval This ordinance filed with the ry of St tye'�s,{ Off ice thr, day of , 11 7 cnd otknowEtdgement CP \08- CPS -00840\60 2/25/09 HFAC fill rece}ved his of, that day Of Page 2 of 2 Packet Page -1091- o•pu" Clark 12/13/2011 Item 16.A.6. HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I March 25, 2009 Page 1 of 18 Packet Page -1092- EXHIBIT A GENERAL: 12/13/2011 Item 16.A.6. Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. One house of worship with a maximum seating capacity of 1,000 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: L Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre- K/Kindergarten / School, Iimited to I" through 3rd; with no more than a combined cumulative total of 220 students/individuals enrolled/attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students /individuals for the entire CFPUD does not exceed 220. S. Non - commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: 1. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. March 25, 2009 Packet Page -1093- Page 2 of 18 (TRACT B) PERMITTED USES: 12/13/2011 Item 16.A.6. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: 1. One House of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre- K/Kindergarten / School, limited to I" through P; with no more than a combined cumulative total of 220 students /individuals enrolled for the entire CFPUD. The allocation to Tract B shall be 50, but may be reallocated to Tract A by mutual agreement of the Tract A and B owners [if under different ownership) provided the total number of students /individuals for the entire CFPUD does not exceed 220. 5. Non - commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market," "community market," direct marketing outlet or "farmers' market," are not accessory uses associated with the permitted principal uses and structures. March 25, 2009 Page 3 of 18 Packet Page -1094- 12/13/2011 Item 16.A.6. EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). SPS= Same as Principal Structure hi �1) IncIudes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. (2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.01.1).1, as may be amended.^ March 25, 2009 Page 4 of 18 Packet Page -1095- PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 14f acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right -of- way line abutting the property) Existing The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings 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 '/2 the sum of the SPS STRUCTURES zoned buildin hei hts MAXIMUM ZONED HEIGHT 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT 50 ft. 50ft. MAXIMUM NUMBER OF STORIES New 2 (3) 2 Existing/Expanded i SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE House of Worship (6) 28,000 sq. ft. Accessory Uses(7) (9) 40,000 sq. ft. Circulation/Maintenance /Storage 12,000 sq. ft. PRESERVE SETBACKS 25 ft. 25 ft. SPS= Same as Principal Structure hi �1) IncIudes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. (2) Maximum actual height of the house of worship may be exceeded by up to 40 feet by non- occupiable building elements, singularly or in combination, such as a steeple, cupola, religious symbol or other excluded height permitted by LDC Subsection 4.02.01.1).1, as may be amended.^ March 25, 2009 Page 4 of 18 Packet Page -1095- 12/13/2011 Item 16.A.6. 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 shall be 12,000 square feet. (8) Listed setback is for all principal and accessory structures. Setback provisions, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDPA application. (9) The Child/Adult Day Care/Pre- K/Kindergarten/School use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. ^ (10) Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. A. Buffers 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana is to be planted a minimum of 10 feet from the center line of the required planting bed towards the adjacent ROW and is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50 %; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. March 25, 2009 Page 5 of 18 Packet Page -1096- 12/13/2011 Item 16.A.6. (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet except that portion abutting Tract B which shall be maintained at a minimum height of 6 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 6 feet except for that portion adjacent to Myrtle Road described above which shall be maintained at a minimum height of 12 feet. (d) Along Trail Boulevard, the hedges shall be 2 feet in height at the time of planting and maintained at three feet in height except for sight distance triangles, which shall be maintained at 30 inches. B. Parking Lot Lighting Pole lights shall be restricted to a maximum of 16 feet in height, measured to the top of the emitting fixture, and their use shall be further restricted to interior parking lots and at ingress- egress drives. Campus lighting shall be limited to bollards, landscape and building lighting fixtures. Bollards shall have a maximum height of 48 inches. C. Existing Ingress — Egress Driveways Existing driveways will be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the tracts are redeveloped. D. Open Space n The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8 ±acres] as open space. Open space includes but is not limited to landscape buffers, interior landscaping, building foundation landscaping, dry water management areas and lakes. At the time of build -out, and thereafter, the project shall provide and maintain a minimum of 40% of the gross project area [i.e. not less than 6.3-+ acres] as open space. Build -out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami ,.-, Trail North (SR -45) and then ultimately to the Gulf of Mexico. March 25, 2009 Page 6 of 18 Packet Page -1097- 12/13/2011 Item 16.A.6. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. See fencing and associated landscape installation standards within this Ordinance. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following noncumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow through the project to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50% pervious. F. Flat roof prohibition. Flat roofs shall not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. The attached Master Plan depicts the redevelopment of Tract A. It is understood that the redevelopment is likely to be realized over a number of phases which will likely include the retention of one or more existing buildings and their associated improvements between phases. H. Preserve. The minimum required native vegetation for this site is 44 native trees (for the previously developed portion of this site) and a minimum of an additional 0.12 acres of created preserve (15% of the existing 0.8 acres of native vegetation). The location of the 44 trees shall be within the perimeter landscape buffer along West Street and Myrtle Road. The location of the created preserve shall be identified at the time of review and approval of the first SDP. I. Parking Space Requirements and Restrictions. March 25, 2009 Page 7 of 18 Packet Page -1098- 12/13/2011 Item 16.A.6. 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 Traci-,. A be in the same ownership, then the permitted parking intensity for the combined Tracts shall b 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 are the development standards for land uses within Tract B of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). March 25, 2009 Page 8 of 18 Packet Page -1099- ibi 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 (7) 50 ft. for expanded portion SPS New structures 50 ft. Side SPS Existing 20 ft. New structures 30 ft. MIN. DISTANCE BETWEEN The greater of 15 ft. or % the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft 35 ft. MAXIMUM ACTUAL HEIGHT 45 ft. 45 ft. MAXIMUM NUMBER OF STORIES 2(3) 2 MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. March 25, 2009 Page 8 of 18 Packet Page -1099- ibi 12/13/2011 Item 16.A.6. MAXIMUM SQUARE FOOTAGE House of Worship (5) 5,600 sq. ft. Accessory Uses and Circulation/ 10,400 sq. ft. (of Maintenance /Storage which a maximum 2,000 sq. ft. may be circulation and storage) SPS= Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. c2> Maximum actual height may be exceeded by up to 7 feet by one non - occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. (4) Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. (5) House of worship square footage not utilized shall be available for accessory uses. (6) The maximum square footage of any individual room shall be less than the square footage of the house of worship. .-� (7) Expansions which add square footage to any existing individual building are limited to cumulative maximum of 20% of the building's square footage as of the date of PUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDPA and building permit applications. (S) If Tract B and Tract A are owned or controlled or developed by the same person or entity, then the Tract A DEVELOPMENT STANDARDS shall be utilized for all property within the CFPUD, including Tract B, provided, however, that the total square- footage of all structures on Tract B do not exceed 16,000 square -feet and the maximum permitted heights for Tract B are maintained. Additionally, the Music and Hours of Operation for Tract B shall still apply. {9� If Tract B and Tract A are owned or controlled or developed b the p y 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 -1100- 12/13/2011 Item 16.A.6. 3. Hedges within perimeter landscape buffers along West Street and Ridge Drive shall be grown and maintained to a minimum height of 6 feet. 4. There shall be no surface water management use within the perimeter buffers. B. Parking Lot Lighting Pole lights are restricted to a maximum height of 16 feet, measured to the top of the emitting fixture, and their use is further restricted to interior parking lots and to meeting arterial level requirements at ingress - egress drives. Bollards shall have a maximum height of 48 inches. C. Existing Ingress — Egress Driveways Existing driveways shall be eliminated or reconfigured, as depicted on the CFPUD Master Plan, as the site is redeveloped. The two restricted one -way access driveways serving Tract B shall be removed with the reconstruction, removal, replacement or demolition of the existing buildings. Thereafter, the ingress - egress to the Tract will be via shared driveways located within Tract A. D. Open Space The project shall provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8facres] 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, shalom be the time when 80,000 square feet of structures exist within Tract A. Tract B shall include buffers that meet the LDC landscape requirements for buffers, interior landscaping and building foundation planting areas. These and any other landscaped and open space areas shall contribute to the overall open space requirement of the CFPUD. The minimum open space requirement for Tract B and its associated contribution toward meeting the gross CFPUD minimum open space requirement shall be 20% of the gross area of Tract B. E. Water Management The existing 3.3f acre borrow pit lake, shall be reconfigured and relocated as depicted on the CFPUD Master Plan. The project shall provide the greater of (1) the capacity required by water management design standards for a 3 day, 25 year storm event, (2) the capacity of the existing lake, or (3) the capacity required by water management design standards at the time that development order approval is sought. Capacity may be met, in part, with dry water management areas. The surface water management system shall be designed such that no surface water runoff or discharge is directed towards or into the Pine Ridge surface water management system including adjacent roadside swales to the north, east and south. The surface water management system shall be a zero discharge system or the discharge shall be routed through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North (SR45) and then Pelican Bay ultimately to the Gulf of Mexico. March 25, 2009 Page 10 of 18 Packet Page -1101- 12/13/2011 Item 16.A.6. Water management areas required for the existing facilities that are to remain, including those within Tract B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located outside of the Tract A management containment berm provided that compensating water management areas for the acreage have been provided. Tract B shall be integrated into the master water management system if and when Tract B is redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water management system shall at a minimum provide for the following non - cumulative development standards: pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and the greater of 150% of water quality base requirement (not less than 2.5 inches over the entire project's impervious area) within dry water management areas and not less than 1.5 inches over the entire project. The balance of the project's stormwater management capacity shall provide compensatory water quality for the portion of West Street adjacent to the project. The West Street roadside swale and one or more abutting roadside swales shall be redesigned to allow run off from the existing roads adjacent to the project to flow to the outfall route. The outfall route shall be designed to accept these additional flows. Parking spaces fronting buffer and landscape areas shall utilize the Land Development Code development standard that permits vehicular overhang to lessen the amount of pavement and therefore reduce impervious area. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. Project Phasing. It is understood that the redevelopment may be realized over a number of phases and may include the retention of the existing buildings and associated improvements between phases. H. Parking Space Requirements and Restrictions. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop -off parking areas shall be 100. Should both Tract B and Tract A be in the same ownership, then the permitted parking intensity of the combined Tracts shall be aggregated. 1. Hours of Operation Restrictions: 1. Child care and School: 2. Adult care: ^ 3. Non worship use of the facilities: 4. Worship March 25, 2009 between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the Packet Page -1102- Page 1 l of 18 12/13/2011 Item 16.A.6. accommodation of special functions. 5. Music Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. Theme shall be no live, recorded or amplified music of any kin prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. March 25, 2009 Page 12 of 18 Packet Page -1103- I � � 0 d UVOW auaAw 1 tt � �.alnr ' Hu 1 1 .0 -' lfglillYNIMMI� MllvM Am MUMS aaalll r YI 1 m / � g __ .: OUVOOOKel i � t 1 1 , 1 t { 1 1 r 1 1 i i 1 r 1 r i i I 1 / j f 1 1 1 , 1 1 1 1 Q 1 � 'S � 1 1 ! �I T* ' ::I ; fIH 11.011 1:01 qsi I Q � �• 1 1 1 1 1 f I �1 i Ij Packet Page -1104- 0 0 !V 0 N" El e u I 12/13/2011 Item 16.A.6. N N N � 1 � Y - - 9$$aa !pill . � G fi g HIM _ rM3 � Ill -1 all 22 �� 3� vNild @! a I 5� aq € Z �5 �a m0 Wt N, t O tl- c7 �y ;� p 0 d 1 tt Hu 1 1 .0 O aaalll r YI 1 m / � g __ .: N 5� aq € Z �5 �a m0 Wt N, t O tl- c7 �y ;� p 12/13/2011 Item 16.A.6. EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009, 67285280002, 67285360003, 67285320001 LOTS 1 -7 AND 10 -13, BLOCK "O ", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK O, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. March 25, 2009 Page 14 of 18 Packet Page -1105- 12/13/2011 Item 16.A.6. EXHIBIT E I-­" LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right -of -way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress- egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right -of -way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subsection 4.06.05.N. which requires naturalization of man made lakes and water management areas through the use of curvilinear edges; to permit accomplishment of the intent through the use of a curvilinear landscape installation instead of a curvilinear physical contour. 3. Deviation #3 seeks relief from LDC Subsection 4.06.05.D.2.a. which provides that no more than 30% of the canopy trees may be substituted by palms within an individual Type D Buffer to permit up to 100% utilization of palms along Trail Boulevard provided that the percentage of palms does not exceed 30% of the required perimeter buffer trees for Tracts A and B; and, that the palms utilized are Royal Palms; and, that all required buffer trees along Myrtle Road, West Street and Ridge Drive shall be canopy/ shade trees. 4. Deviation #4 seeks relief from LDC Subsection 5.05.08.E.2.c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project, AND drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2) to Trail Boulevard, one (1) to Myrtle Road, one (1) to Ridge Drive and one (1) to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. Deviation #5 seeks relief from LDC Subsection 4.06.0l.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 -1106- 12/13/2011 Item 16.A.6. (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 92 seeks relief from LDC Subsection 4.06.0l.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of 1 tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the requirement for a nonresidential development located opposite a residentially zoned district to provide a four (4) foot masonry wall or prefabricated concrete wall located a minimum of three (3) feet from the rear of the right -of -way landscape buffer line. n March 25, 2009 Page 16 of 18 Packet Page -1107- 12/13/2011 Item 16.A.6. EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re- grading of the right -of -way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. 4. The Ridge Drive primary egress driveway will be restricted to a "no right turn" condition. The Myrtle Road egress driveway will be restricted and signed to a "no left turn" condition. The Myrtle Road access shall be closed at dusk. 5. A west bound turn lane on Ridge Drive, extending from the egress driveway to US 41, shall be constructed concurrently by the property owner with the initial redevelopment phase of development. 6. The seating capacity of the House of Worship shall be limited to 780 seats (980 for the entire CFPUD), and the total number of students /individuals enrolled in Child/Adult Day Care / Pre - K/Kindergarten / School, limited to I" through 3rd, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (I 10 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capacity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre- K/Kindergarten/School limited to 1 S` through 3rd for the entire CFPUD ( "the base ") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and March 25, 2009 Page 17 of 18 Packet Page -1108- 12/13/2011 Item 16.A.6. 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 tb—, neighborhood are appropriate and should be required to address the existing uses and as a conditic, 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 otherwis^ required sidewalks within abutting right -of -way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. March 25, 2009 Page 18 of 18 Packet Page -1109- 12/13/2011 Item 16.A.6. Adjacent Average Centerline Road Elevation Front Elevation Adjacent Average Centerline Road Elevation Rear Elevation 0 N in x b V C O N M EXHIBIT G Q. GRADY MINOR &ASSOCIATES, P.A, GVIL UOINEEIIS . UNa 7UAV4YDLi • ►UNNP.xE . Utb4l'A!E A0.GIITLf.TS •rmuwuw rann�r • vu•m1nr JOB CODE: HCFPUD DATE: 12.2.08 SCALE: V-30 FILENAME: Exhibit G ...•... .. .�..... •'.. .., .. •`-• •. ^... . wNw.(7�AOYMi1.!]ILG]M Packet Page -1110- 12/13/2011 Item 16.A.6. W U i- >Q= BLE BUILDING ELEMENTS :LEV. = 52' -0" CTUAL HEIGHT FROM _NTERLINE ELEVATION BUTTING ROAD :LEV. = 45' -0" M ZONED HEIGHT 'OINT OF ROOF) LEV. = 35' -0" FLOOR 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" n Florida Community Bank = A R CHI T • ROSAS Collier County, Florida - 3200 9TH ST. NORTH (239) 263-4201 SUITE A300 FAX (239) 263 -1451 r DATE: February 18, 2OD9 -_... _ NAPLES. FLORIDA 34103 Packet Page -1111- _. Exhibit G (l ) Wr_ /Ion . f Its All � •� .`k,�.,, ,r�y� (mow. •, _ }� , Al r *' .,r�tgiv7WPM '1`tl iF1;+4- jai ♦. '�f�C ~� � ill' /'� .:� � "1 -_ 1kf'Sl � k, _ .. 4 .. 12/13/2011 Item 16.A.6. EXHIBIT I CONDITIONS OF APPROVAL March 27, 2009 1. Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, consisting of one sheet, dated November 25, 2008, as revised through March 24, 2009, except as conditioned. 2. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12 -acre re- created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on -site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. S. 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 -1113- 12/13/2011 Item 16.A.6. STATE OF FLORIDA) r..c� COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for thy--: -n -, Twentieth Judicial Circuit, Collier County, Florida, hereby certify that the foregoing is a true and correco5, -. copy of: ORDINANCE 2009 -15 Which was adopted by the Board of County Commissioners on the 24th day of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of March, 2009. DWIGHT E. BROCK Clerk of Courts ar�d.,..Clek Ex- officio. to Beard, of- County Commissioners C�\Byj: Teresa WPolaskj-'. Deputy Clerk Packet Page -1114- -esa --" 12/13/2011 Item 16.A.6. �r- a a pill g P �€ a a a € 0 t �3_ 0' 8li � a a 9 i o oil ssa =g ux gEE o� EY Packet Page -1115- �tt laa �i 4 S U a 1. ~ V _m wa � s k E E 4 sI Co L =c s} E L t!h 1 1 2HS WQQ �! Z j i 0 LL 9 i o oil ssa =g ux gEE o� EY Packet Page -1115- �tt laa �i 4 S U a 1. ~ V _m wa � s k E E 4 sI Co L =c s} August 11, 2011 Richard D. Yovanovich Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 RE: PUD Minor Change, Heavenly CFPUD for PMC- PL2011 -872 Dear Mr. Yovanovich: This letter is in response to your ann. _lication acce approval of minor refinements to t ted Heaver #09 -15) Master Concept Plan pursu ion 10. (LDC). The proposed cf. Item A: Buffers Additionally, Myrtle Road in 12/13/2011 Item 16.A.6. Church of Naples, 6, 2011 see administrative mity Faciliti!NUD (Ordinance of the Land Development Code Standards for Tract A, 30 feet inward (away from the street) from i FPL line along West Street. 6stead of Live Oak trees between the lake trees instead of Royal Palms (Roystonia regia) along 'from the sidewalk provision the area along that portion of and the project ingress - egress driveway to Myrtle Road. In support of these reque pplication includes a December 23, 2010 letter from Landscape Architectural Design, Inc. Waa M arch 15, 2011 letter from Al Jones representing the Pine Ridge Civic Association, representing the residents of Pine Ridge subdivision. The changes approved to Ordinance 09 -15 are shown in a strike -thru and underline format below: Exhibit B. Development Standards for Tract A, Item A: Buffers: Page 1 of 3 Packet Page -1116- 12/13/2011 Item 16.A.6. Letter to Richard Yovanovich RE. Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC- PL2011 -872 August 11, 2011 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana,and/or Bucida buceras provided in 65 Gallon containers at 14 in feet height and are to be Florida #1 or Florida Fancy. Street trees are to be planted on 30 feet center. Quercus virginiana /Bucida buceras is are te- be -plafAed W 10 f °` f em the "°n+°' "n° e f the are speeifieally not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer- trees shall be 3. * * * * * * * * * * * * * * ** The petitj vide er ' ' ted revised 4/25/11 that depicts the changes Deviation #1 s ;relief from C Section 6.06.02.A, Sidewalk and Bike Lane Requirements, which requires si ,L relief d right -of -way; except that sidewalks shall be provided along Trail Boulevard'' --f .14--,-Ale Read bet-iwen Trail Beulevafd and the i3r-ei The property owner shall make a payment in lieu of providing the sidewalks a � e balance of the abutting right -of -way and that portion of Myrtle Road between Trail Boulevard and the nroiect ingress- egress driveway to Myrtle Road. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. Page 2 of 3 Packet Page -1117- n .� ..� Page 2 of 3 Packet Page -1117- n 12/13/2011 Item 16.A.6. Letter to Richard Yovanovich RE: Heavenly CFPUD for Covenant Presbyterian Church of Naples, PMC- PL2011 -872 August 11, 2011 W., r-YMMUEPROV. .. • f - • - Please be advised that the information presented in this letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to any of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental imp- d other requirements of the Collier County Land Development Code or related ordin Approval of this application was co action o ,Board of County Commissioners on September 13, 2011. A copy of this e e attach Master Concept Plan will be filed with the adopted PUD documen Yo wish t e this letter and the attached Master Concept Plan rem - bi6in the offi recor flier ;ty as a permanent record of this administrative a t If you need further i tion or istance, a contact me at 239 - 252 -2931 or via email at KayDeselem colliergov. , Resear nd pre 'eviewed by: Kay Deselem, ®, Principal er Raymond V. Bellows, Zoning Manager Land Develop me ice De ent Land Development Service Department Attachment: Revised Mas oncept Plan for Heavenly CFPUD, dated April 25, 2011. cc: Laurie Beard, PUD monitoring Mike Sawyer, Project Manager, Zoning PUD file Page 2 of 3 Packet Page -1118-