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Ordinance 2009-15 ,\0'\'\ 121314r,s ,,'OCb b. ~~ CO ~t-..~'& "' ~ ~~~\:~\:\~ '" C'\I ," ~ ... Ii' \'O<!, ~~ AN ORDINANCE OF THE BOARD OF COUNTY ~9~a91.~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, .d' <':' THE COLLIER COUNTY LAND DEVELOPMENT CODE" - _; " r-. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ,". APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A SINGLE- FAMILY (RSF-I) 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. ORDINANCE NO. O<r- .1_5 ."_"J ';"'-'" .-"J :>J "-n ,..,...,...,.,. ,;.,',--- .- .....,. : .,.. ;"n '} <) \;) , ( :1 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 ofthe herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from the RSF-I Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District, known as The Heavenly CFPUD, in accordance with Exhibits A through I, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page I of2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ~~ay of ~cit- ,2009. ATTEST: D\V~~il.I!.ROCK, Clerk ~...,.__..' ......~... ...:.1;,..,..... _ . . .;~, .....~ ~ ,,v, ,., _ _,.' ~~ \. . _11 .. .., \. .... .' '. :~'... . ,..:~ ... i' ,,' C . . . -..: ..' '. "',,".: . ' "". . .".... 'C"' ,Deputy Clerk M.~,t..u.,~P) h.-Vrutl . , 19riatlWi" Oft, . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: !IL~ d4-~ DONNA FIALA, Chairman Approved as to form and legal sufficiency: JJ~An~ck[10 (I'll '" 0",.0 "?~ 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-I- Graphic Depiction & Guide of Vertical Building Height-Tract B Exhibit H - Conceptual Architectural Rendering Exhibit I - Conditions of Approval This ordinance filed with the Sec6~ry of S~;.sPffi~br Ldayof~,_- and acknowledgement o/t,that fill received th~d~ day of -,.D<;:rl Ovpufy Clllrtt CP\08-CPS-00840\60 2/25109 HF AC Page 2 of2 HEAVENLY COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) EXHIBITS A through I March 25, 2009 Page 1 of 18 EXHIBIT A GENERAL: Development of the Heavenly CFPUD shall be in aceordance with the contents of this Ordinance and applieable 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 thereot: 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: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. Social/Meeting and Fellowship Center 3. Administrative Offices 4. Child/Adult Day Care / Pre-KlKindergarten / School, limited to I st 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. 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: I. Temporary building structures may be utilized to accommodate existing uses in the initial redevelopment construction transition period. Such uses shall not begin until after the property owner applies for a building permit for the first new permanent building and the maximum period of use of such temporary building(s) shall be for a period of 27 months, after the building permit is issued for the first new permanent building. Any such building(s) shall meet CFPUD setbacks requirements for new structures. March 25, 2009 Page 2 of 1 8 -,-_._.,. -........-------,.-, (TRACT B) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: I. One House of worship with a maximum seating capacity of 200 individuals. B. Accessory Uses: I. Religious Educational Classrooms and Chorus Rehearsal Room 2. SoeiallMeeting and Fellowship Center 3, Administrative Offi ces 4. Child/Adult Day Care / Pre-K1Kindergarten / School, limited to 1st through 3rd; 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 aceessory uses characterized by eivic 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 aceessory uses associated with the permitted principal uses and structures. March 25, 2009 Page 3 of i8 EXHIBIT B DEVELOPMENT STANDARDS FOR TRACT A Together with the text that follows below are the development standards for land uses within Tract A of this CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 14" acres N/A MINIMUM LOT WIDTH 538 ft. N/A MINIMUM YARDS (from right-of- way line abutting the property) Existing The greater of 30 ft. or the zoned height SPS of structure. SPS Expanded buildings(S) 50 ft. for expanded portion New structures 200 ft.; except, 50 ft. from Trail Boulevard SPS MINIMUM YARDS (between tracts) Side 30 ft. SPS MIN. DISTANCE BETWEEN The greater of 15 ft. or II, the sum of the SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft. 35 ft. (10) MAXIMUM ACTUAL HEIGHT 50 ftO)(2) 50ft(1TTIUj MAXIMUM NUMBER OF STORIES New i3) 2 Existing/Expanded I SPS MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. MAXIMUM SQUARE FOOTAGE(4) House ofWorship(6) 28,000 sq. ft. Accessory U ses(7) (9) 40,000 sq. ft. Circulation/Maintenance/Storage 12,000 sq. ft. PRESERVESETBACKS\') 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. 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.I, as may be amended. (2) March 25, 2009 Page 4 of 18 March 25, 2009 (3) (4) 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. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tract B and Tract A be in the same ownership, then the permitted intensity shall be aggregated, provided that in no event shall the square footage of all structures within the boundaries of the CFPUD exceed 96,000 square feet. Expansions which add square footage to any existing individual building are limited to a cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer, which depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. House of worship square footage not utilized shall be available for religious educational classrooms. The maximum area of an individual room shall be 12,000 square feet. Listed setback is for all principal and accessory structures. Setback proVISIOns, relative to preserves, for parking lots, sidewalks and other site improvements shall be governed by applicable LDC provisions in effect at the time of SDP A application. The Child/Adult Day Care/Pre-KlKindergartenlSchool use shall be located a minimum of 200 feet from West Street, Ridge Drive and Myrtle Road. Buildings located outside of the "church campus building envelope" depicted on the Master Plan shall be limited to 25 feet in height. (5) (6) (7) (8) (9) (10) A. Buffers I. All perimeter landscape buffers shall be installed with the first SDP for a new permanent building or with the SDP that provides for the relocation of the lake. 2. All required buffer trees along Myrtle Road, Ridge Drive and West Street shall be Quercus virginiana, provided in 65 Gallon containers 14 feet height and are to be Florida #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 ROWand is specifically not to be planted within the required 6 feet wide shrub planting bed specified below. Trail Blvd. buffer trees shall be Roystonia regia (Royal Palms) as provided for in deviation #3. 3. The maximum water management area within the combined frontage buffers of Tracts A and B shall be 50%; and the maximum width of the water management use shall not exceed 70% of the buffer's depth. 4. (a) The hedge component of the continuous perimeter LDC Type D landscape buffer abutting West Street and Myrtle Road (extending to the driveway on Myrtle Road) shall be installed with a minimum height of 5 feet, spaced 4 feet on center and grown and maintained to a minimum height of 12 feet above grade of any adjacent berm; and a 6 foot black or green clad chain link fence shall be hidden within this double hedge row. Page 5 of 18 (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 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" aeres] as open space. Build-out, relative to this provision, shall be the time when 80,000 square feet of structures exist within Tract A. E. Water Management The existing 3.3" acre borrow pit lake, shall be 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 of18 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 noneumulative 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 eomponent, 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 roofline. 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 ofreview and approval of the first SOP. 1. Parking Space Requirements and Restrictions. March 25, 2009 Page 7 of 18 The minimum parking spaces provided shall be 3 for each 7 seats within the house of worship. There shall be no additional parking requirements for the additional uses. The maximum number of vehicular parking spaces, exclusive of loading and drop-off parking areas shall be 500. Should Tract B and Tract A be in the same ownership, then the permitted parking intensity for the combined Tracts shall be aggregated. J. Hours of Operation Restrictions: 1. Child care and School: between 6:30 am and 6:30 pm, Monday through Friday; for operational hours. Normal operational hours may be exceeded until 9:30 p.m. up to 4 times per month for accommodation of special functions. between 6:30 am and 8:30 pm. between 7:30 am and 10:30 pm. 2. Adult care: 3. Non-worship use of the facilities: DEVELOPMENT STANDARDS FOR TRACT B Together with the text that follows are the development standards for land uses within Tract B ofthis CFPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP). PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1.9" 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 II, the sum ofthe SPS STRUCTURES zoned building heights MAXIMUM ZONED HEIGHT 35 ft 35 ft. MAXIMUM ACTUAL HEIGHT 45 ft-' I )(2) 45 ft.") MAXIMUM NUMBER OF STORIES i3) 2 MINIMUM FLOOR AREA 2,500 sq. ft. 400 sq. ft. March 25, 2009 Page 8 of 18 MAXIMUM SQUARE FOOTAGE \<) House ofWorship(j) 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 (8) (9) A. Buffers (1) Includes the vertical distance between the finished floor elevation and the average center line elevation of abutting roads, which is estimated to be between 4 feet and 5 feet. Maximum actual height may be exceeded by up to 7 feet by one non-occupiable building element, such as a steeple, cupola, or religious symbol. The maximum combined square footage of such building elements shall be 2,000 sf. Exclusive of mezzanines, loft areas and attic or attic storage areas. Should both Tmct B and Tract A be in the same ownership, then the permitted intensity shall be aggregated. House of worship square footage not utilized shall be available for accessory uses. The maximum square footage of any individual room shall be less than the square footage of the house of worship. Expansions which add square footage to any existing individual building are limited to cumulative maximum of20% of the building's square footage as of the date ofPUD approval. A signed and sealed survey of the existing building(s) proposed for expansion and an additional exhibit prepared by and signed and sealed by a professional engineer who depicts the proposed and all prior expansions since the date of PUD approval, shall be submitted with the associated SDP A and building permit applications. 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. If Tract B and Tract A are owned or controlled or developed by the same person or entity, there will be no direct access to or from West Street. (2) (3) (4) (5) (6) (7) I. 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 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 4.8"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. 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% ofthe gross area of Tract B. E. Water Management 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. 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 Pelican Bay ultimately to the Gulf of Mexico. March 25, 2009 Page 10 of 18 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 Band 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: 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 Page 11 of 18 2. Adult care: 3. Non worship use of the facilities: 4. Worship March 25, 2009 5. Music accommodation of special functions. Outdoor music is prohibited; and indoor music shall only be allowed when windows and doors are closed. There shall be no live, recorded or amplified music of any kind prior to 8 a.m. or after 9:30 p.m. The limitation on the time for live, recorded or amplified music may be exceeded up to two times per month for accommodation of special worship functions. March 25, 2009 Page i2 of] 8 ~ - 1 o o , , , , , , o , , , , , '"' , , o , ~ , , , , , , , o , , , , c, , , , , , , J ..... J _ --.- -- o o o o , , , , , , o o o o o , , , , , , , , , , , , , , , , , , , , , , , , , Ii 10 I' .' I! " .. , , , , , , , , , , fJI '" .~>t__~_:_____; U -- - - t ovall 31.1I1AW .. -_._..-. -- -- -- --;.-:, '""'.....~.=_...=- -- -- -- , -- -- .;::~ ::::,':.~~=, : ~ -="1:1 ~ Jr . , if : , , , , , --, , , , , , , , . , , , , , , , , , , , ~ , , , , , , , , , , . , , , , , ", , , , _J ~ ~ . . ~ , , , , 1; i I ., 0 ~, '" ~: I ~ ~ I ~ ...J .' ! ::> ~: 0 C I I III ril: A ..J ~I ~ ~: f- '. , 'Q I i~: [ ~: ~ ~; I , , , , _n_;.':;:.;;;.;.:.:; , , , , , , , , , , , , , , , Z '. Iii) '. hUi i i U~hi _:' _~__n-:::~ j I a r--- o , , ~--.., , , , I';" D D D :J <;' ~ I~ <! ~ <! to f!' I~I , D 'u)' ::J 1 1 , , 1 " 1 1:1 , 1 1 I' I .1 / Ii 1_.)..",..... ..".,,""'<1'" I !. iil ;~t i; i ! ~: ~ ~ , II ! II , 'I !IUII j,l!11Il II' , I ~: ~ ; ;i; ~'~ ~ ""8 ~' ~ ;: I ii' ill! III Ilml!i' l:lifll!lll, 1'1" '", '11"/ I ;li.l!; , l./l\l: ! I 1i!I'I' " ' ;l!il,! i I , 1;1;11',' ,I , , Ii,'" I', i I!illlill!! . ~~l~~~Uf! : i'i ~~ i~ il~ ~ .llW Iii; . !lUU!! III ~!!~:hl ~ ~ ~ , III i !11 Ii' ill! I II iI.l '" ... <l <l . , c ir ~ u > Z~ u:s~ ~~:i %~:J: 1I1::~ :EM ~ ~ ~ c ~ I .-- -- -- ~ II : :: : <iii_ I lJi 10( I Q!!I: I !:!. : ~I I I >-: :LCD J : ~j -- ... ~ I: ~ II 1 . , ! . j !'I i . ,,,,.! - '. III I II ' !'l! I ~; ~' ~el: i I:"", ;' , " UHl ' III ~ Hi Ii i! II II ii' II 1,[ l!i II 'Ii ,- !l~ ~~~ ~~ ~ i'l !. a,h IIi Ii; II!i ~ !; II fl,!:jI,Ii':! ,iii Ii h ~ I.:! I!! IIi Mlhllldlllilll H 1,:". ilL , "I, ~...."....." ,._" -, , ~ j l'; 11- II. li i ~ ~ " '" ~ ~ OJ " z u5 .~ ~lli x~ w~ ~ Ii 'li., ;: I i ~! d: ," ~ ~ ~ m~ I tj~~ ~ 3 'J 1:! ~, "" ~ .3 5 l:i " 1. .-g ~ ~ ~ ;;.., ~; j ; ~~~' ~ , '-' ',! IIH ~~ c5j iilil ~ II I! l! II '[ II ! !ll! Ii il! 1 , EXHIBIT D LEGAL DESCRIPTION (TRACT A) FOLIO NUMBERS: 67285160009,67285280002,67285360003,67285320001 LOTS 1-7 AND 10-13, BLOCK "0", PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 AT PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (TRACT B) FOLIO 67285400002 LOTS 8 AND 9, BLOCK 0, PINE RIDGE EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. March 25, 2009 Page 14 of 18 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC (TRACT A) 1. Deviation #1 seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which requires sidewalks within road right-of-way; except that sidewalks shall be provided along Trail Boulevard and along that portion of Myrtle Road between Trail Boulevard and the project ingress-egress driveway to Myrtle Road. The property owner shall make a payment in lieu of providing the sidewalks along the balance of the abutting right-of-way. The developer shall also construct one sidewalk extension from the central building campus across Trail Boulevard to the pavement along US 41 to provide access to a potential bus stop, as conceptually depicted on the CFPUD Master Plan. 2. Deviation #2 seeks relief from LDC Subseetion 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 (I) to Myrtle Road, one (I) to Ridge Drive and one (I) to West Street in the loeations 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 4.06.0I.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for 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 (TRACT B) 1. Deviation # I seeks relief from LDC Section 6.06.02.A. Sidewalk and Bike Lane Requirements which require sidewalks within abutting rights-of-way. The property owner shall make a payment in-lieu of providing sidewalk segments which would otherwise be required prior to the issuance of the first SDP for a new permanent building. 2. Deviation #2 seeks relief from LDC Subsection 4.06.01.A to eliminate the required buffer between Tracts A and B; provided that the equivalent square footage of the 10 foot wide buffer, for that length not provided, and the associated tree requirement of I tree per 30 linear feet, is located elsewhere within the Tract. Should the entire CFPUD acreage be submitted for permitting as a single SDP, the buffer would not be required and therefore this deviation request would not be applicable. 3. Deviation #3 seeks relief from LDC Subsections 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 160f18 EXHIBIT F LIST OF DEVELOPER COMMITMENTS (TRACT A) I. The initial redevelopment SDP for Tract A shall include: a. the replacement of the existing lake with a new lake(s) and associated dry water management areas; b. the redevelopment of landscape buffers abutting the lake(s) and associated dry water management areas; c. the re-grading of the right-of-way green space between the CFPUD boundary and edge of pavement of the four adjacent roadways to enhance storm water management for these roadway areas. 2. The minimum throat length as measured from the roadway edge of payment to the internal parking area shall be 50 feet for driveways from Myrtle Road, West Street and Ridge Drive; and, 75 feet for driveways from Trail Boulevard. 3. For services and other periods and events of significant traffic generation, as 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- K1Kindergarten / School, limited to 151 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 (110 for the entire CFPUD), until US 41 turn lanes serving the site are extended to meet design standards; or a traffic study, based in part on actual traffic counts, is provided to and confirmed by the County, demonstrating that the existing turn lanes are adequate. The traffic counts for this traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading measures and will include traffic counts at Myrtle Road and West Street and Ridge Drive and West Street. One year after the seating capaeity of 853 for the entire CFPUD and the 110 person Child/Adult Day Care/Pre-K1Kindergarten/School limited to I sl through 3'd for the entire CFPUD ("the base") is reached, a supplemental traffic study will be done to determine the trips originating or leaving the CFPUD through the neighborhood. The traffic counts for this supplemental traffic study will be taken during the first quarter of a calendar year to more accurately portray peak season loading and March 25, 2009 Page 17 of 18 will include traffic counts at Ridge Drive and West Street, Myrtle Road and West Street, Ridge Drive and Trail Boulevard and Myrtle Road and Trail Boulevard. This supplemental data will be utilized by the County to determine if additional improvements to minimize impact to the neighborhood are appropriate and should be required to address the existing uses and as a condition of approval for the additional seating capacity of 347 and/or the additional 110 students/individuals. The additional traffic improvements may include traffic calming measures. The traffic counts required as part of the required PUD monitoring report shall be done during the first quarter of a calendar year for impacts exceeding those established as "the base" in the preceding paragraph. 7. The new buildings on Tract A shall be consistent with the conceptual architectural rendering attached as Exhibit H. (TRACT B) I. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider shall be as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation administrator or his designee. 2. A payment-in-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. March 25, 2009 Page 18 of18 ~ ~ ~ '" ~ fl i I ; I -1-J-- EXHIBIT G JOB CODE: HCFPUD SCALE: 1"=30' DATE: J2.2.0ll FILENAME: E:\hibil G 11- ----------' ----- -.....~ 1 i 1 Roof Line Mid Point of Roof ~--------------- 1 I ~ ~J Adjacent Average Centerline Road Elevation Front Elevation 1 o I 1 Pennittcd Exclusions Limited F jN to 4,000 s.f. Maximum I"':".:; 1 I _ Jj Adjacent Average Centerline Road Elevation Rear Elevation Q, GRADY MiNOR & ASSOCiATES, P.A, C1VllCMiltlElMS '~"NDSUMVLYOlls.rLANNERS . 1..,u..DSl'Al'fARCIlITiCTS ~~rA'..~vl F<)fIT,~.~':~' W"'W.[]R^Dn1I~'OR.r:OM -' <l: ::> "'.... wu.... ><l:" O::E~ . ::)UJ 5>::EI '-- ~ NON-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'.OM A GRAPHIC EXAMPLE OF "TRACT B" - MAXIMUMS DEPICTED "CONCEPTUAL ONLY" A Graphic Example of "Tract S" Florida Community Bank Collier County, Florida DATE: February 18, 2009 HUMPHREY" ROSAL ARCHITECTS 3200 9TH ST. NORTH (239) 263-4201 SUITE #300 FAX (239; 263-4451 NAPLES. FLORIDA 34103 Rxhihit G (1).___, Exhibit R Conceptual Architectural ~ ~ . * ;.~r"J " n -t ' "d ~.,"'~:~~.,.,',. ;j:.:.J : "; .'- I 'i~.~.:", . 1~-'-, \ I ~-~,;; * 'lhis acdritatural :r:arl2r:irg is 'D.~. rriHfimHrYB In1Y I:E II1'dl as nq:ri:rlrllD I:E anri.sluJt .lith <TI,li,-,r,l", g~.,wu"L ~ EXHIBIT I CONDITIONS OF APPROVAL March 27, 2009 I, Any plan submitted pursuant to this CFPUD shall be in substantial conformance with the approved conceptual Master Plan entitled "Exhibit C Master Plan," prepared by Planning Development Incorporated, eonsisting of one sheet, dated November 25, 2008, as revised through March 24, 2009, except as conditioned. 2. The access points loeated on West Street and Ridge Drive, depicted on Tract B of the Master Plan, shall close when this tract redevelops. 3. The required 0.12-acre re-created preserve shall meet County preserve requirements and shall recreate the habitat that previously existed on-site (pine flatwoods), including all three vegetative strata. 4. A landscape planting plan shall be submitted for review and approval at the time of the first SDP for each of the tracts. 5. The property owners shall provide, or shall pay the County to provide, a bus shelter at the existing Collier Area Transit stop located adjacent to US 41, which is located at the stub-out in the median separating Trail Boulevard and US 41 as depicted on the Master Plan. This bus shelter is required to be constructed when development reaches a one percent or greater impact on US-41, or as a stipulation of Phase Two improvements, whichever occurs first. STATE OF FLORIDA) COUNTY OF COLLIER) --I ':;:,. t i--r"' r~' :;:>~ .'1'~ .' :f>- U)~:-. en I, DWIGHT E. BROCK, Clerk of Courts in and for th~= " , "" Twentieth Judicial Circuit, Collier County, Florida, dQ;' ::::0::-:' 6:'....; hereby certify that the foregoing is a true and correcP'.rT, 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 an,d.,Clerk Ex-officio to Boa1:"d,'oi:; County Commissioners ~~~ By: Teresa Polaski" Deputy Clerk '" C~) C.::::> ..0 ,.,. V :;v I C~M . i ;r.- t"Y1 . , \,J) en " r-J -,_J