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Ordinance 2020-033 ORDINANCE NO. 20- 3 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 09-15, AS AMENDED, THE HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT, TO INCREASE THE MAXIMUM SIZE OF THE HOUSE OF WORSHIP USE TO 35,000 SQUARE FEET; TO INCREASE THE ACCESSORY USES TO 88,000 SQUARE FEET; TO REMOVE THE DAYCARE AND SCHOOL PERMITTED ACCESSORY USES; TO ADD OUTDOOR RECREATIONAL AREAS, PLAYGROUNDS AND PLAYLOTS AS PERMITTED ACCESSORY USES; TO ELIMINATE TRACT A AND TRACT B REFERENCES; TO MODIFY THE CONCEPTUAL PUD MASTER PLAN; TO DELETE EXHIBIT G, DEPICTION OF VERTICAL BUILDING, EXHIBIT H, ARCHITECTURAL RENDERINGS AND EXHIBIT I, CONDITIONS OF APPROVAL; ADD A DEVIATION REGARDING CHAIN LINK FENCING; AND ADD A DEVIATION REGARDING PAVED AISLES FOR THE AREA UTILIZED FOR GRASS OVERFLOW PARKING. THE PROPERTY IS LOCATED AT 6926 TRAIL BOULEVARD BETWEEN RIDGE DRIVE AND MYRTLE ROAD IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002323] WHEREAS, on March 24, 2009, the Board of County Commissioners approved Ordinance No. 09-15, which created the Heavenly Community Facility Planned Unit Development (PUD); and WHEREAS, the PUD was subsequently amended by the Board of County Commissioners by Ordinance No. 13-31; and WHEREAS, The Covenant Presbyterian Church of Naples, Inc. represented by D. Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [20-CPS-01981/1574999/1]99 Heavenly PUDA Page 1 of 2 PL20190002323 g 10/21/20 SECTION ONE: AMENDMENT TO THE PUD DOCUMENT The PUD Document attached as Exhibits "A" through "I" to Ordinance No. 09-15, as amended, is hereby amended and replaced with the revised PUD Document, attached hereto as Exhibits "A" through "F" and incorporated by reference herein. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of Ithe Board of County Commissioners of Collier County, Florida, this 67-3 r� day of UC-{� ki , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: Q . QC . By: { i to c,3, 4 ,liar Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing 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 This ordinance fried with the Exhibit F - List of Developer Commitments of to1e's Office day of T_ 0 and acknowledcecnert of that Mira,O,/cei ed this�{ day of N By Deou cIa [20-CPS-01981/1574999/1]99 Heavenly PUDA Page 2 of 2 PL20190002323 g 10/21/20 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through IF Words underlined are additions;words struck through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 1 of 23 EXHIBIT A GENERAL: Development of the Heavenly CFPUD shall be in accordance with the contents of this Ordinance and applicable sections and parts of the Land Development Code(LDC)and Growth Management Plan(GMP) in effect at the time of issuance of any development order, such as, but not limited to final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. (TRACT A) PERMITTED USES: No building or structure,or part thereof, shall be erected,altered or used,or land used, in whole or in part, for other than the following: A. Principal Uses: 1. One house of worship with a maximum seating capacity of 1,000 1,200 individuals. (See Exhibit F, Tract A, Commitment Number 6). B. Accessory Uses: 1. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Church Offices n Child-n ult Day C re t Pre KtKindergarten t School li,,,..ited to 1'through 8th; with no more CFP D Th 11 t' + T t A h 11 be 1 7n b„t b a e,d by ,mutual . reement c-rrvQ—rnc-mivvucrorrcvzresvc-z-rJrxnn�v-rr�vcrc-rrru7-ve-i-ircr .........,. ...� ..,...,........ ..,.b............. E h T« ct A na D fib diff ens a shipl idea the teta1 mber of students/individuals for the entire CFPUD does not exceed 220. 374.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. 5. Outdoor recreational areas,play lots, playgrounds,which may include shade structures. C. Temporary Uses: T b ilsl str, t„ be ,t;l: ed to .,iodate stin the iti.,l red 1 nt-a str, t; n tr it: od S, eli- shall not be ntil after the e,.t. nlies for „ buil.ding ne mit for the first_ney ne t„ building and the .n � d F � h temporary bu l,ding(s)shall be f r.,n o d of27.., nth a ter tL,e bu l,d:ng Words underlined are additions;words struck-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 2 of 23 permit is issued for the first new permanent building. Any such building(s)shall meet CFPUD (TRACT B) for other than the following: A. Principal Uses: T.1 One House o f worship with eating , city f 200 indiv s_idual B. Accessory Uses: 1 Religious d:due tienal Classrooms and Chor„s Rehearsal Doom 2. Social/Meeting and Fellowship Center 3. Administrative Offices 'I. Child/Adult Day Care/Pre K/Kindcrgarten/ School, limited to 1 , The--allocatierl- e...ent 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 Ci A t' C t' it< a at; to the Naples' Dart n's with the permitted principal uses and es 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 Words underlined are additions;words strue/cthrough are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 3 of 23 EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY MINIMUM LOT AREA 14± acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of-way line abutting the property) ExistingWest Street The greater of 30 ft. or the zoned height SPS30 ft. of structuro200 ft. Ridge Drive(5) 50 200 ft.fer-expander SPS30 ft. Neyst-FustufesTrail Boulevard 200 ft.; except, 50 ft. from it S •S30 ft.(8) Bebilevefd Side SPS MIN. DISTANCE BETWEEN The greater of 15 ft. or the sum of the SPS15 ft. STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 21 35 ft. 35 ft. MAXIMUM ACTUAL HEIGHT 50 ft.(I)(2) 50 ft.(1)(10) MAXIMUM NUMBER OF STORIES 2(3) 2(1) Nev 4- SPS Existing tExpanded MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft.L1 MAXIMUM SQUARE FOOTAGE House of Worship(61) 2835,000 sq. ft. Accessory Uses/Maintenance/Storage(75-)E"39 4088,000 sq. ft. 12,000 sq. ft. PRESERVE SETBACKS (80 25 ft. 25 ft. SPS=Same as Principal Structure (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads,which is estimated to be between 4 feet and 5 feet. Words underlined are additions;words struek-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 4 of 23 (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.D.1, as may be amended. The maximum combined square footage of such building elements shall be 4,000 square feet. See (3) Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no eve e of all structures within the boundaries of the CFPUD exceed 96,000 square feet. Expansions which add square footage to any existing individual building are limited to a o signed and sealed survey of the existing building(s) proposed for expansion and an additional ("4) House of worship square footage not utilized shall be available for religious educational classrooms. (7)(5) The maximum area of an individual room shall be 12,000 square feet. ("6) 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. 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)(7) Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. (8) Unenclosed shade structures may be permitted 25 feet from Trail Boulevard. (9) Does not apply to unenclosed shade structures. A. Buffers 1. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that .ides f the elocatio„ of the lake 2. All required buffer trees along Myrtle Road,Ridge Drive and West Street shall be Qucrcus virginiana, and/or Bucida buceras provided in 65 Gallon containers at 11 in feet in height and are to be Florida #1 or Florida Fancy. Street trees arc to be planted on 30 feet center. Quercus virginiana/Bucida be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth:. Words underlined are additions;words atru '-ugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 5 of 23 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West (b) Along West Street the hedge shall be maintained at a minimum height of 8 feet except that portion abutting Tract B which 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 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. 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. a maximum height of/1 8 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 0 , foundation land. dr. ..te * da lL R' o n 0 n 0 . 0 , , 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 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. directed towards or into the Pine Ridge t gement s ystem including adjacent roadside nlcs to the north, u ast and n uth Words underlined are additions;words struck through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 6 of 23 through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami Trail North(SR '15) and then ultimately to the Gulf of Mexico. B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located areas for the acreage have been provided. Tract B shall be integrated into the master water management The minimum lake setback from the CFPUD boundary, as measured at control elevation, shall be 25 feet. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water 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. for the portion of West Street adjacent to the project. F. Flat roof prohibition. Flat roofs may not be utilized as a primary or principal roof component, as depicted in Exhibits G and H. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated arehiteetural-elements-whieh-ereate-and-previde-fer-an-artieolated-reef-tine, G. Project Phasing. is likely to be realized over a number of phases which will likely include the retention of one or more exiat' b •la: gs nd tho ..ted . o nts bet„o „h so 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 Words underlined are additions;words stntelc-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 7 of 23 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. The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There parking spaces, exclusive of loading and drop off parking areas shall be 500. Should Tract B and Tract A be in the same ownership, then the permitted parking intensity for the combined Tracts shall bo aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours.Normal operational hours may bo exceeded until 9:30 p.m. up to 4 times per month for 2. Adult care: between 6:30 am and 8:30 pm. 3. Non worship use of the facilities: between 7:30 am and 10:30 pm. CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES AGCESSORY USES 1.9±acres N/A 236 ft. N/A F-rent Existing The greater of 30 ft. or the zoned height SPS of structure. Expanded-bnildinge 50 # f..o „ded portion SPS Newer S Side SPS wing Ne str ctu e 3� Words underlined are additions;words ugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 8 of 23 The greater of 15 ft. or the sum of the SPS STRUCTURES zoned building heights 3 54 2-546 45 ft"2) 45-ft4-13 2E2') 2 2,500 sq. ft. /100 sq. ft. (-0) I 5,600 sq. ft. Accessory Uses Circulation/Maintenance/Storage 10,400 sq. ft. (of „hi ch 2,000 sq. ft. may bo storage) SPS— Same as Principal Structure (4-) Includes the vertical distance between the finished floore center line elevation of abutting roads, which is estimated to be between 1 feet and 5 feet. (z) Maximum actual height may be exceeded by up to 7 feet by one non occupiable building element, such-as a ste��ecupel�erre ous s3 sl T'' ._.bi ed � e foot ge „f s ch building elements shall be 2,000 sf. ('') 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. es) House of worship square footage not utilized shall be available for accessory uses. (6) The maximum square footage of any individual room shall be loss 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 PUB 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 th ated S DD A nd build: ...nit a pl; t: (8 ) If Tract B and Tract A are owned or controlled or developed by the same person or entity,then the Tract A DEVELOPMENT STANDARDS ll e utom d f r all perty wi 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. (96) will be no direct access to or from West Street. Words underlined are additions;words struck are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 9 of 23 A. Buffers 1. Except as otherwisc required or provided hereinTpefimeter-buf-fer-s-sha144e-installed-eeneuFr-enthf 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 Qucrcus virginiana. maintained to a minimum height of 6 feet. 1. 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 egres Ives. B ll h 11 have height f n 8 inche^ 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 acce^ th t 1 repleeement-er-demelitien-ef-the-eiiisting buildings. Thereafter,the ingress D. Open Space 0 1� ildi � d t: lands dr ate a „t a o „d lake 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. and building foundation planting areas. These and any other landscaped and open space areas shall eentributc to the overall open space requirement of the CFPU 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 3.3. aere befrew pit lake, shall be design standards for a 3 day, 25 year storm event, Words underlined are additions;words struck-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 10 of 23 directed towards or into the Pine Pia _ surf ter ______ gem nt y ste clu ling adj ent oa`side swales-te-the-neAh7east-affel-seuth,. through the project to the west, through existing or new drainage facilities in Trail Boulevard, Tamiami T •l N rtb( TC d h Peke..„ =timately to the Gulf of 4ex.co rizsr[-rrvr mvnTcrrvccn cin-cucvs zo cn ..,...,. ..�............. f B, may be met by the facilities and capacity in Tract A. These areas of existing facilities may be located areas for the acreage have been provided. Tract B shall be integrated into the master water management stem i f^nd when Tract B redeveloped. Subject to final jurisdictional agency permitting, the designed capacity of the proposed storm water pretreatment of not less than the first half inch of rainfall over the project's entire impervious area, and o ' for the portion of West Street adjacent to the project. standard that permits vehicular overhang to lessen thent of „avement—and—there ore :educe F. Flat roof prohibition. Flat roofs may net be utilized as a perry erprineipal--reef-eempenent,Flat-reefs-may-be-utilized4er and p ire f r^ ^...,later o f line G. Project Phasing. t t' f th ting buildinbn t"nd . „teal improvements between ph^ses H. Parking Space Requirements and Restrictions. Tl ^.kings ided shall be 3 f: each 7 seats within the house of worship. There both Tract B and Tract A be in the same ownership, then the permittc aggregated. Words underlined are additions;words ugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 11 of 23 Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. to 'I times per month for 2. Adult care: between 6:30 am and 8:30 pm. 3. Non worship use of the facilities: between 7:30 am and 10:30 pm. '1. Worship between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the accommodation of special functions. 5. Music Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors arc closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. 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THE LOCATION OF THE 44 TREES IS PROPOSED TO BE AN INTEGRATION WITHIN PERIMETER LANDSCAPE BUFFER ALONG WEST STREET AND MYRTLE ROAD. THE .12 ACRE CREATED PRESERVE REFERENCED IN THE PUD COMMITMENTS SHALL BE LOCATED AT THE TIME OF SITE DEVELOPMENT PLAN APPROVAL. NOTES: 1. ANY SDP APPLICATION SHALL FURTHER CONFORMANCE WITH THIS MASTER PLAN. THE PHASED DEVELOPMENT OF THE PLAN SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THIS APPROVED MASTER PLAN; EXCEPT TO ADDRESS THE POTENTIAL REDEVELOPMENT OF BUILDINGS LABELED ON THIS MASTER PLAN AS"EXISTING"AND THEIR ASSOCIATED PARKING LOTS AND RELATED IMPROVEMENT;AND, SHOULD COUNTY TRANSPORTATION REQUIREMENTS REQUIRE RE-ALIGNMENT OF DEPICTED ACCESS DRIVE LOCATIONS FROM TRAIL BOULEVARD- PROVIDED THAT A MINIMUM DISTANCE OF 330 FEET IS MAINTAINED FROM THE NORTH AND SOUTH CFPUD BOUNDARIES. SCHOOL USC IS PROI IIDITED VVI IVVL VJ 3. REDEVELOPMENT OF TRACT"B" IS GOVERNED DY CFPUD DEVELOPMENT STANDARDS. ©GradyMinor o Cnldr Anuur wnd AawodaIDel PA HEAVENLY CFPUD SALE JDB ODE au„nasprmk,.nma s,i34 EXHIBIT C DA O J MASTER PLAN NOTE SHEET DeIB 2010 a Civil Engineers • Land Surveyors Planners Landscape Architects Celt,01 AotA.EB 0005151 CaL 0(500 LB 0005151 Business LC 260 02B5 FILE NAME 2 REVISED 08/24/2020 "vBtO-1°'"n"Islrnno a B911IU SpMBgB:239.947.1144 w ww.6radyllinnr.rnm Fort Myers: Myers:239.690.4380 SHEET 2 OF 2 �o EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NU1\ BERS. �^t 14G1�0009 67285280002 67285360003 L7285320001 LOTS 1 7 AND 10 through 13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (TRACT B) LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Words underlined are additions;words struck-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 15 of 23 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard. 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 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 or provide payment in lieu to Collier County. 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. Removed Per PMC-PL201 1-872 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 and drive aisles leading to main entrances must have at least a walkway on one side of the drive aisle; to permit a reduction to a maximum of five pedestrian pathways to: two (2)to Trail Boulevard, one (1)to Myrtle Road, one (1) to Ridge Drive and one (1)to West Street in the locations depicted on the CFPUD Master Plan; AND to permit them in locations other than along one side of the drive aisle. 5. Deviation#5 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would Withdrawn. 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. 7. Deviation #7 seeks relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which requires chain link(including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence,to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade,where the chain link fence is screened with an irrigated hedge planting directly in front of the fence facing the external right-of-way. Words underlined are additions;words s.truvk-threugh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 16 of 23 8. Deviation#8 seeks relief from LDC Section 4.05.02.B.1.a.i.,"Design Standards",which requires Parking lots and spaces shall meet the following surfacing standards: i. Grass parking spaces shall be compacted,stabilized,well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. This deviation will instead not require this CFPUD to provide paved aisles for the area utilized for overflow parking where designated on the PUD Master Plan which can accommodate approximately 67 vehicles. (TRACT B) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which issuance of the first SDP f iV1 ,.L 11V nt build:♦' 2. Deviation 1t2 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP,the buffer would 3. Deviation #3 seeks relief from LDC Subsections 5.03.02.E.2. and 5.03.02.E.4. to eliminate the ,ear of the « ght f way landsc, b f l' . Words underlined are additions;words skwelc-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 17 of 23 EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) 1. The initial redevelopment SDP for Tract A shall include: ; area; c. the re grading of the right of way green space between the CFPUD boundary and edge of areas. A. TRANSPORTATION 2-:1_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. 3-2_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. 43_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. Commitment completed. 574_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. Commitment completed. 675. K/Kindergarten / School, limited to 1 , o Tract A(110 for the traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, Street. Care/Pre K/Kindergarten/School limited to 19 t-lrou or the-entire-GFPUD re ")is CFD- sough-the neighberheed he-traffic counts for this supplemental traffic study will be will include traffc cou t Ridge Drive and West Street and Myrtle Road and West Street, Ridge Words underlined are additions;words struck through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 18 of 23 utilized by the County to determine if additional improvements to minimize impact to the first quarter of a calendar year for impacts exceeding those established as"the base"in the preceding per. Commitment completed. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering Attached as Exhibit H. 6. 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 the northern and eastern portion of the project boundary prior to issuance of the first Site Development Plan for a new permanent building. Commitment completed. 7. Existing driveways located on West Street and the northernmost driveway on Ridge Drive will be eliminated as the PUD is redeveloped. (TRACT B) 1. For services and other periods and events of significant traffic generation, as determined by Collier 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 Develor,...,.,e„ an o t Pl f r nt building on Tract B 3. The new building on Tract B shall be architecturally compatible with the new buildings on Tract A. The access points located on West Street and Ridge Drive, depicted on Tract B of the Master Plant shall cl „he„ thi.,t t de el B. LANDSCAPE 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, and/or Bucida buceras provided in 65 Gallon containers at 14 feet in height and are to be Florida #1 or Florida Fancy. Buffer trees are to be planted on 30 feet center. Quercus virginiana/Bucida Buceras are not to be planted within the required 6 feet wide shrub planting bed specified below. 3. (a)The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road(extending to the east side of 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 Words underlined are additions;words struck hrough are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 19 of 23 height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. (b) Along West Street the hedge shall be maintained at a minimum height of 12 feet. (c) Along Ridge Drive and Myrtle Road the hedge shall be maintained at a minimum height of 12 feet east of the project entrance and a minimum height of 6 feet west of the project entrance. (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. C. 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. D. OPEN SPACE 1. The project will provide and maintain a minimum of 30% of gross project area [i.e. not less than 4.8±acresl as open space. 2. 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 the PUDTract A. E. WATER MANAGEMENT 1. The existing 3.3± 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. 2. 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. 3. 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. 4. 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. 5. 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 Words underlined are additions;words suck-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 20 of 23 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. 6. 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. 7. 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. 8. The plaza area located between the central campus buildings and the campus perimeter sidewalk and/or curb shall be a minimum of 50%pervious. F. FLAT ROOF PROHIBITION Flat roofs may not be utilized as a primary or principal roof component. Flat roofs may be utilized for secondary roof areas when hidden from view by the use of articulated architectural elements which create and provide for an articulated roof line. G. PROJECT PHASING 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 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 600. J. HOURS OF OPERATION RESTRICTIONS 1. Worship between 6:30 a.m. and 10:30 p.m. Normal operational hours may be exceeded up to 2 times per month for the accommodation of special functions. 2. Non-worship use of the facilities: between 7:30 am and 10:30 pm. Words underlined are additions;words sirrelc-through are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 21 of 23 3. Music Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. K. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is Covenant Presbyterian Church of Naples Inc., 6926 Trail Boulevard, Naples, Florida 34108. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. M. MISCELLANEOUS 1. The initial redevelopment SDP shall include (Commitment completed): 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. All other applicable state or federal permits must be obtained before commencement of the development. 3. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. 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. Commitment completed. Words underlined are additions;words are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 22 of 23 5. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each development stage. 6. The owner shall install pursuant to county standards and specifications, 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. Words underlined are additions;words strttel gh are deletions Heavenly CFPUD Exhibits A-F 2020-rev7.docx October 20, 2020 Page 23 of 23 N OI Roof Line Mid Point o oof 2 d u O Adjacent Average Centerline Road Elevation Front Elevation fY Permitted Exclusions Limited to 4,000 s.f.Maximum Mid Point of Roof I j Adjacent Average Centerline Road Elevation Rear Elevation E 'IBIT G `w.Q.GRADY MINOR&ASSOCIATES,P.A. ,,MR.'R.CIVIL ENGINEERS•LAND SURVEYORS•PLANNERS•LANDSCAPE ARCIIITECIS �,t „e�.<' IIOMTASP NGS • MT AIMS • NORTH MAr 4BCODE:HCFPUD DATE:12.2.08 ^': -" SCALE: t"s30' ,. ,..,•.,.... ... �.: ..„ w. .,�..,.,.,. FILENAME:Exhibit G www,eMoyanNOR.COM J wO1- >Q O 2 0 off= 2 N• 1-OCCUPIABLE BUILDING ELEMENTS ELEV.=52'-0" MAXIMUM ACTUAL HEIGHT FROM AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD ELEV.=45'-0" MAXIMUM ZONED HEIGHT (MID POINT OF ROOF) ELEV.=35.-0" • FINISH FLOOR HEIGHT ELEV.=0.-0" AVERAGE CENTERLINE ELEVATION OF ABUTTING ROAD APPROX.ELEV.=-4'-0" A ' RAPHIC EXAMPLE OF "TRAC B" - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of"Tract B" Florida Community Bank A R C H I T • R C T S 3200 9TH ST,NORTH (239)263-4201 Collier County, Florida SUITE IL300 FAX(239)263-4451 DATE:February 18,2009 • — NAPLES,FLORIDA 34103 2 Exhibit G (1) • Exhibit H Conceptual Architectural • , .d_e....r.....i1Lg.* ,z...,,,....,...::.:.,,,,:•:...,;:r.,INo.,. •t4C.:',',,,,,I:Z..!t.;:c 14,' LL,... ..•• •1. 7,---131-11.. .-. i.iptlf,:X.7.4:.i;•••••:-.L.,•••••• •;•;.:A ,4;I/. ,,,L.• ' -F:%....Lys-. .s.•iv:0)'', 11.:,../.%,;•,, ,:.,...,..... ,,,,,. ,. ,.. .„44.,, '•,;c+4,-,nt,I..."." ;'!:'14',",-,!!.:'i'•.•,.,,;,,"rizi. . 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J is anC14311-al' MilificaffiLm%at(l'f;liErb Yell.7571 tt: te ccosisirnt with applkabie(Alia:mat.Iegulatirrs arTlas-clartEd- EXHIBIT I CONDITIONS OF APPROVAL February 3,2009 1. y plan submitted pursuant to this CFPUD shall be in substantial con ance with the .pproved conceptual Master Plan entitled "Exhibit C Master Ph prepared by P1 g Development Incorporated, consisting of one sheet, dat' = November 25, 2008, . evised through January 16, 2009, except as conditioned. 2. The access •ints located on West Street and Ridge Drive, d- cted on Tract B of the Master Plan, •all close when this tract redevelops. 3. The required 0.1 .cre re-created preserve shall meet ounty preserve requirements and shall recreate th, abitat that previously existed o site (pine flatwoods), including all three vegetative str. 4. A landscape planting plan all be submitted f• review and approval at the time of the first SDP for each of the trac 5. The property owners shall provi• or s• pay the County to provide, a bus shelter at the existing Collier Area Transit st• ated adjacent to US 41, which is located at the stub-out in the median separating :.1 Boulevard and US 41 as depicted on the Master Plan. This bus shelter is r; ire, o be constructed when development reaches a one percent or greater im► ct on -41, or as a stipulation of Phase Two improvements,whichever o s first. F11 ' i :01p FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 4, 2020 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-33, which was filed in this office on November 4, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270