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Backup Documents 05/14/2013 Item #17ACOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To : Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location, etc.) Originating Dept /Div: GMD /Planning & Zoning Person: Fred Reischl Senior Planner Date: April 18, 2013 Petition No. (If none, give a brief description): PUDA- PL20120001104 17A Petitioner: (Name & Address): Coleman, Yovanovich & Koester, P.A.; 4001 Tamiami Trail north, Suite 300; Naples, FL 34103 Name & Address of any person(s) to be notified by the Clerk's office: (if more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: 05/14/2013 (Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Account #068779 Other Purchase Order No. 4500140024 Proposed text: (include legal description & common locations & size: Legal Section Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? x Yes 131 - 138326 - 649100 -00000 Reviewed By: Date: Division Administrator or Designee List Attachments: Legally Required Non -Legal Section No. If yes, what account should be charged for advertising costs: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. B. FOR CLERK'S OFFICE Date Received 4-49dz Date of Public Hearing Date Advertised 17A Ann P. Jenneiohn From: ReischlFred <FredReischl @colliergov.net> Sent: Thursday, April 18, 2013 9:41 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: PUDA- PL20120001104 The Heavenly PUD Attachments: BCC Ad.docx Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! -Fred Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 Under Flordla L e.=, mail adid",_,s e s are ojbk :e. irds, ff you do na', wa, nit y:iJ." r,, ii,;I +.<,A !,ss rele a�-e'd in "f ss:. ?i t., to a p b kc , .£ 3 -o negq .,, i_ C .� i %, .. a d r._aii to „2.'s c,,, this .,.,.. by telephone (, n riNng,_ 1 17A NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, May 14, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. 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 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any 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 materials 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) CLERK OF THE Dwight E. Brock COLLIER CO Clerk of Courts 3315 TAMIAMI TRL E STE 102 NAPLES, FLORIDA 34112 -5324 April 18, 2013 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 4J" of Collier THE, COURT UI Y C016fTHOUSE ' P.O. BOX 413044 `.6 f 'NAPLES, FLORIDA 34101 -3044 RE: PUDA- PL20120001104, the Heavenly PUD Dear Petitioner: 17A 4 Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners Tuesday, May 14, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 24, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerkkcollierclerk.com 17A Acct #068779 April 18, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amends Ordinance 2009 -15 Dear Legals: Please advertise the above referenced notice on Wednesday, April 24, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500140024 17A 4 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.M. 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 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. 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: All 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 in 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 appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision 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. 17A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17A Ann P. Jenneiohn To: legals @naplesnews.com Subject: Amends Ordinance 2009 -15 Attachments: Amending 2009- 15.doc; Amending 2009- 15.doc Hi there, Please advertise the attached on Wednesday, April 24, 2013. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, April 19, 2013 12:59 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASEA14jpg Hi Ann! Please provide approval ASAP for publication on 04.24.13. Thanks! Enjoy your weekendlll Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 04/19/13 Publication NDN Account Number 744102 Ad Number 1986929 Total Ad Cost $243.90 1 17A 17A THE HEAVENLY PUD PUDA-PL20120001104 NOTICE Of INTENT TO CONSIDER ORDINANCE Nonce is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier county Gow!rnment Center, 3299 Tamiarni Trail East, Naples, Florida, the Board of County Commissioners will, 411sidet the enactment of a, County ordinance.. The rneeting will commence at 910 A.M The title of the proposed 6rdinance is W fOIIO%A-.: 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 1111RD GRADE WITH EIGHTH GRADE IN THE DEVELOPER COMMITMENTS FOR PROPERTY LOCA17ED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER 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. All persons vvishing to speak on v� any agenda item must register with the CoUnly administrator prior to presentatir)n O�Tlje agenda Iteir 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 i 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 rior to the Public hearing, All material used in presentations before the Board will ecorne a permanent part of the record :Any person who decides to appeal a decision of the Board will n",d 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 appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are en-tided, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniami Trail East, Suite !1101 '. 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, [50, CHAIRWOMAN DVV!,GHT V. BROCK CLERK By: Ann Jenriejohn, De-pity Clerk 17A Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Monday, April 22, 2013 8:27 AM To: Ann P. Jennejohn Cc: Bonham, Gail; Ashton, Heidi Subject: RE: Ad Confirmation PUDA- PL20120001104; Heavenly PUD Ann: Gail confirmed that the title was correct. Still have not received OK from Heidi but since the title is correct and the ad contains the other required language, I will go ahead and approve. I was not copied on this ad request, could you email me a copy ? ?? Thank you, Ann. Dinny - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jennejohn@collierclerk.com] Sent: Monday, April 22, 2013 8:20 AM To: ReischlFred; NeetVirginia; RodriguezWanda Subject: Ad Confirmation PUDA- PL20120001104; Heavenly PUD Good Morning, If I don't send an "O.K." to NON for the Heavenly PUD notice by 9 :00 a.m. this morning, it won't be published on Wednesday. Can someone please look it over quickly and let me know if it's O.K. to run? Thank you :) Ann - - - -- Original Message---- - From: Ann P. Jennejohn Sent: Friday, April 19, 2013 1 :23 PM To: Reischl, Fred Cc: Neet, Virginia; Rodriguez, Wanda Subject: FW: Ad Confirmation Hi there, Attached is the notice for PUDA- PL20120001104; the Heavenly PUD, scheduled for publication April 24 for the May 14 BCC Meeting. Please review and let me know if it meets your approval a.s.a.p. Thank you! n _1, tVn.�� v�.,_� 17 A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd flooi Administration Building, Collier County Government Center, 3299 Tamiami Tra East Naples, Florida, the Board of. County Commissioners will consider th enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Th title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY PUC TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE LEVEL FO' A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE; AND TO REPLACE AL REFERENCES TO THIRD GRADE WITH EIGHTH GRADE IN THE DEVELOPEi COMMITMENTS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 49 SOUTF RANGE 25 EAST, COW COUNTY, FLORIDA CONSISTING OF 15.934 ACRES; ANI BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and ar available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with th CountMyy administrator Pryor to presentation of the agenda item to be addressec rIndividual speakers will be limited to 3 minutes on any item. The selection of a ecognize to speak on behalf of an organization or group is encouraged, recognized by the Chairman, a spokesperson for a group or organization may b allotted 10 minutes to speak on an item. Persons wishing to,have written or graphic materials included in the Board agend packets must submit said material a minimum of 3 weeks prior to the r ectiv Public hearing. In any case, written material intended to be considered th Board shall be submitted to the appropriate County staff a minimum of seven da) prior to the public hearing. All material used in presentations before the Board wi become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of th Praeedinys Pertaining thereto and therefore, may need to ensure a verbaltr record of the ,proceedings is made, which record includes the tesfiln an evidence upon which the appeal is based. bh7 If you are a person with a disability who needs any accommodation in order 't of rtcertain in assistance.c Please you ontact the�Coll lr no Cour�ptivt Fa illLes Manarovlse Flo�ridam34 12,,(239) 2528380.T IStad Irntenng devices for the a iln 'I are available in the County Commissioners' Office. hearing . mpaire BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHTE. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) enril a 201:1 N 7 OT 17A Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, April 24, 2013 9:29 AM To: Teresa L. Cannon Subject: RE: Ads that ran in todays paper Hi Teresa, Per our conversation, I will be re- running these three ads on Friday, April 26, at no charge. I will change the date at the bottom left of the ad from April 24 to April 26, again per our discussion. The affidavits for the 24th will include the billing. in that regard, since each revised ad will be issued a new ad number, I will send you the revised for approval. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 ( cpolidora(c)naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 From: Teresa L. Cannon [mailto: Teresa . Cannon (�bcolIierclerk.com] Sent: Wednesday, April 24, 2013 8:36 AM To: Legals NDN; Polidora, Carol Subject: Ads that ran in todays paper Hi Carol, We had three ads that ran today and all three had words cut off due to the location in the paper (on the edge). The County Attorney's Office is having a big problem with this and wants them to be re ran again at no charge. Either Saturday or Sunday would be sufficient time. Please let me know what can be done about this issue. Ad #: 198692, #198638 and 198639 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 17A Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, April 24, 2013 9:36 AM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UAS611Ajpg Teresa, Please provide approval ASAP for publication on 04.26.13. This ad ( #1987290) is the revision to Ad #1986929. Unfortunately, I was unable to add an another run date to the original ad since it only had one date and was already closed. You will note below the $0.00 charge for this ad. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 04/24/13 Publication NDN Account Number 744102 Ad Number 1987290 Total Ad Cost $0.00 1 " ! CONSIDER Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor, Administration ryrrldin, , C llier County, Government Center, 32919 � arniarni Trail East. Naples, Florida, she Board of County Commissioners will consider the ,enactment of a County Ordinance. The rnee,6ng will c rntren e at 9:00 A,M. The title of the proposed Ordinance is as foil % = AN ORDINANCE AMENDING ORDINANCE. NUMBER 2009-1. TIE HEAVENLY PUD. TO RE I E THE ACCESSORY USES TO INCREASE THE MAXIMUM M GR DE LEVEL FOR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADF 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 2S EAST, COLLIER COUNTIYt FLORIDA CONSISTING OF i a 3- ACRES; AND BY PROVIDING N EFFECTIVE DATE. Copies of the proposed Ordinance are on, file with the Clergy: to the Board and are available for rr spo tron, All ir�teteste parties are invited to attend and b=- heard NOTE, All persons ,visl inn to speak on any agenda item must register with the Count administrator ,ricer to presentation of the agenda item tb be addressed_ individual spea be limited o 3 minutes on any item.: The selection of are individual to s ea on behalf of an organization or group is encouraged. If .rec grrized t o Chairman, a spokesperson f or a group or or ani ati'an may be allotted 10 minutes to speak on an item. Peer ons wishing to have written or graphic materials included in the Board agenda packets nest submit said material a r mimurn of 3 weeks prior to the respective %lic hearing In any ease, written material intended to he considered by the board shall be submitted to the approrwirtate County staff a mininiu m of seven days �riot -(o tl9e public bearing. ' ll 'materralused in presentations before the Roar{ W ll er-omea permanent part of the retard. Any Iverson who de- ides to appeal a deg ision of the Bard will need a record of the proceedings pertaininT thereto and therefore, may need t ensure a verbatim re card of the pr tee ins is made,_ ,%rhich record includes � � testimony and evidence upon whkch the appeal is based.. if you are a person w1fli a disability who needs any acc mmoclati n in order to participate in this pr+ �eedin , you are entitled, at no cost to you, to th:e pr visi n of certain assistance. Please -contact the Collier County Facilities Management Department, located at 35 Tam amf Trail Last, Suite 1001, Building W1, Naples, Florida 34 i 12, (239) 252 -080. Assisted listening devices for the gearing impaired' are available in the Coon -, Corer- nissioners' Office. BOARD OF COUNFFY COMMISSIONERS COLLIER COUNTY, PL RI , GEORGIA A. HILLER. ES CHAIRWOMAN V(GHT E, BROCK, CLERK By: Ann Jermejohn, Deputy Clerk (SEAL) April 26. 2013 No. 1987290 Naples Dail News 7 A P Y Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59718301 NOTICE OF INTENT State of Florida Counties of Collier and Lee Before the undersigned authority, pers appeared Amy Davidson, says that she see' Inside Sales Supervisor, of the Naples a daily newspaper published at Naples, County, Florida: distributed in Collier; and Lee counties of Florida; that the at copy of advertising was published in sai newspaper on dates listed. Affiant further says that the said Nar- News is a newspaper published at Naples, Collier County, Florida, and that the s newspaper has heretofore been continuou day and has been entered as second clas matter at the post office in Naples, in Collier County, Florida, for a period of next preceding the first publication of attached copy of advertisement; and aff' further says that he has neither paid n promised any person, firm or corporatio discount, rebate, commission or refund t. purpose of securing this advertisement f, publication in the said newspaper. PUBLISHED ON: 04/26 AD SPACE: 80 LINE FILED ON: 04/26/13 I 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.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2009 -15, THE HEAVENLY KID, TO REVISE THE ACCESSORY USES TO INCREASE THE MAXIMUM GRADE ' OR A SCHOOL FROM THIRD GRADE TO EIGHTH GRADE,- AND TO 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 15.934 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;; All persons wishing to speak on any agenda item just register with the County administrator odor to presentation of the agenda Itam to be addressed. Individual speakers will be limited to 3 minutes on any, item. The selection of an individual to speak on behilf 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 _tolhe r active public hearing. In any else, written material intended;to be considered1y the Board shall be submitted jo the app' ropriate, County staff 'a minimum of seven days prior to the public' hearing. All mateial used in 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 if naGord of the proceedings pertaining thereto and therefore, may need to enwre a verbatim record of the proceedings is made, which record includes the testimony and evidence upon whichthe appeal is based. If you are a person with a disability who needs any actcmhtodation•ln order to participate in this proceeding; you are entitled, at no cost to you, to the provisjon of certain assistance. Please contact the' Collier ,County Facilities Monagement Department, located at 3335 Tamiami Trail East, Suite Ii10i, 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, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: (SEAnn AL) Jennejohn, Deputy Clerk Aa61 26.'2013 , :_ Nn_1987291) -------------------------------------------------- +------------------ - - - - -- Signature of Affiant Sworn to and Subscrib Personally known by m OAROL PODU0 �,qY COkIlOSSION r EE 851 ?58 EXPIRES: November 28, 2014 Bonded Thru Plrhard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through 42 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature_ draw a line through routine lines # 1 through #2. complete the checklist, and forward to the County Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriat e. (Initial) Applicable) 2. May 14, 2013 Agenda Item Number 17.A 3. County Attorney Office County Attorney Office] FR 4. BCC Office Board of County Commissioners Number of Original S / 7 /3 5. Minutes and Records Clerk of Court's Office Documents Attached /n /13 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above. may need to contact staff for additional or missing information. Name of Primary Staff Fred Reischl, Planning & Zoning Phone Number 252 -4211 Contact / Department appropriat e. (Initial) Applicable) Agenda Date Item was May 14, 2013 Agenda Item Number 17.A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, FR Type of Document Ordinance ` t _ 5 1 Number of Original 1 Attached �Cr�v�u� CF�u"� Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's FR INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriat e. (Initial) Applicable) 1. Does the document require the chairman's original signature? FR 2. Does the document need to be sent to another agency for additional signatures? If yes, FR provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FR signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's FR Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the FR document or the final negotiated contract date whichever is applicable 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's FR signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip FR should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 (enter date) and all changes FR made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for t Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 17A N ORDINANCE NO. 13-.31 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 1 of 2 Rev. 4/09/13 17 A '. F PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 1 day of 52013. ATTEST.., {+` DWIGH? . p(,t.CLERK I Approv d as to form and legal sufficiency: &A Heidi Ashton -Cicko Managing Assistant County Attorney Ice] F COUNTY COMMISSIONERS COUNTY, FLORIDA Attachments: Exhibit A — List of Permitted Uses Exhibit F — List of Developer Commitments CP \12 -CPS - 01170\21 Heavenly PUDA / PUDA- PL20120001104 Page 2 of 2 Rev. 4/09/13 ETA A. HILLER, ESQ. Chairwoman LWIN 2 EXHIBIT A (TRACT A) PERMITTED USES: 17A 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 1St through 8th P; with no more than a combined cumulative total of 220 students /individuals enrolled /attending for the entire CFPUD. The allocation to Tract A shall be 170, but may be increased by mutual agreement of the Tract A and B owners [if in different ownership] provided the total number of students /individuals for the entire CFPUD does not exceed 220. 5. Non - commercial accessory uses characterized by civic group meetings such as The Pine Ridge Civic Association, Scouting, community service organizations (e.g. the Naples' Parkinson's Association), safety fairs for the community and the like; and structures customarily associated with the permitted principal uses and structures; except that parking garages are prohibited. Business and trade activities, including but not limited to a "market ", "community market ", direct marketing outlet or "farmers' market ", are not accessory uses associated with the permitted principal uses and structures. C. Temporary Uses: 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. Heavenly PUD \PUDA- PL20120001104 1 of 2 Rev. 8/23/12 Words struck h are deleted; words underlined are added. CP S . (TRACT B) PERMITTED USES: 17A PP 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 1St through 8th 3fd; 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 stmek Offough are deleted; words underlined are added. 17 A C 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 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. 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 3�d, within Tract A shall be limited to 60 persons unless the Tract B owner agrees to reallocate all or a portion of its allocation to Tract A (I 10 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed 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 PUD \PUDA- PL20120001 104 1 of 2 Rev. 8/23/12 Words struek through are deleted; words underlined are added. 17A 1 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 1St through 8th P 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) For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee 2. A payment -in- lieu -of contribution shall be made by the property owner to the County for otherwise required sidewalks within abutting right -of -way to Tract B prior to issuance of the first Site Development Plan for a new permanent building on Tract B. 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. Heavenly PUD\PUDA- PL20120001104 2 of 2 Rev. 8/23/12 Words stfuek through are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -31 inn �".4 which was adopted by the Board of County Commissioners on the 14th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013. DWIGHT E. BROCK Clerk of CourtrAnd••.0 te4k Ex- officio tt��, -vo rd" of County Commzz`'�a erg r ' -, +- By. Martha Verga�';" Deputy Clerk