Ordinance 2004-18ORDINANCE NO. 04-~
AN ORDINANCE OP THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 91-102;.
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT iii.
CODE TO AMEND OFFICIAL ZONING ATLAS MAP NUMBER
8521S; BY CHANGING THE ZONING CLASSIFICATION OF TH
HEREIN DESCRIBED SUBJECT PROPERTY FROM "PLANNEDi
UNIT DEVELOPMENT" (PUD) TO PUD FOR A PROJECT KNOWN~.
AS ST. JOHN THE EVANGELIST CATHOLIC CHURCH, LOCATED
AT 625 IllTH AVE NORTH, IN SECTION 21, TOWNSHIP
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 14.89+ ACRES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Bishop John J. Nevins, of the Roman Catholic Diocese of Venice, represented by
Michael R. Fernandez, AICP, of Planning Development, Inc., has petitioned the Board of County
Commissioners, in petition number PUDZ-2003-AR-3764, to change the zoning classification of the herein
described real property.
NOW, THEREFORE, E 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 21, Township 48
South, Range 25 East, Collier County, Florida, is changed from PUD to Community Facilities PUD in
accordance with the St. John the Evangelist Catholic Church PUD Document, attached hereto as Exhibit
"A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8521 S, as described
in Ordinance Number 91-102, as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this~rl~ day of .~/~r"~,~ ,2004.
ATTEST:
D WIG. I4i'~,, ~BI~.QC~,CLERK
~ ~ - ~ ,7 , -,~ "
,,,
Approvefl~t~
and Legal Sufficiency
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed wlth the~
and ac~wl~ge~ ,~f that
filina receiv~ ~is ~ day
PUDZ-2003 -AR-3764/K D/lo
Attachment: Exhibit A, PUD Document
ST. JOHN THE EVANGELIST
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING ST. JOHN THE EVANGELIST, A PLANNED
UNiT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
John J. Nevins, Bishop
of the Diocese of Venice
c/o St. John the Evangelist Catholic Church
625 111th Avenue North
Naples, Florida 34108
Amendment Text Prepared By:
Michael R. Fernandez, AICP
of
Planning Development Incorporated
5133 Castello Drive, Suite 2, Naples, Florida, 34103
239 / 263-6934 239 / 263-6981 lax
PDI MRF @ AOL.COM
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
ORIGINAL DOCUMENT DATE
PUD AMENDMENT
DOCUMENT DATE
12.20.99
11.24.03
PUD Exhibit "A"
TABLE OF CONTENTS
SECTION PAGE
SECTION I
STATEMENT OF COMPLIANCE
SECTION I1
PROPERTY OWNERSHIP, LEGAL DESCRIPTION
AND SHORT TITLE
SECTION 111
STATEMENT AND INTENT AND PROJECT DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REQUIREMENTS
SECTION V
PERMITTED USES AND DIMENSIONAL STANDARDS
SECTION VI
PRESERVATION AND ENVIRONMENTAL STANDARDS
SECTION VII
TRANSPORTATION
SECTION VIII
UTILITIES AND ENGINEERING REQUIREMENTS
SECTION IX
WATER MANAGEMENT REQUIREMENTS
SECTION X
OTHER DEVELOPMENT COMMITMENTS / STANDARDS
1-1 through 1-2
3-1
4-1 through 4-2
5-1 through 5-3
6-1 through 6-2
7-1
8-1
9-1
10-1
LIST OF EXHIBITS / ATTACHMENTS
ATTACHMENT A
ATTACHMENT B
PUD Master Plan
Legal Description
SECTION I
STATEMENT OF COMPLIANCE
The subject property is approximately 14.89 _ acres, and is located in Section 21, Township 48
South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit
Development, to be known as St. John the Evangelist Catholic Church, will be in compliance with
the planning goals and objectives of Collier County as set forth in the Growth Management Plan-
GMP. The proposed development will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for each of the elements of the
Growth Management Plan for the following reasons:
1.1 The subject property is located within the Urban - Mixed Use District, Urban Residential
Subdistrict Land Use designation as identified in the Collier County Future Land Use Map of the
GMP. Objective 1 of the Future Land Use Element (FLUE) of the GMP requires new or revised
uses of land to be consistent with the designations outlined on the Future Land Use Map. FLUE
Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management
Plan. FLUE Policy 5.2 requires proposed developments to be reviewed for compliance with the
FLUE and GMP. All GMP objectives and policies require the proposed rezoning to be located in
the appropriate land use category and assessed for comprehensive plan consistency.
1.2 The Urban - Mixed Use District is intended to accommodate a variety of residential land uses
and also allows certain industrial and commercial uses. The Urban Residential Subdistrict
designation includes both residential and non-residential land uses and also allows community
facility uses, such as churches and schools, child care centers, and open space uses.
1.3 The proposed development consists of a complementary range of community facilities, including
a church auditorium, religious education facilities, school, and recreation facility, day care, adult
day care.
1.4 The project shall be in compliance with all applicable County regulations, including the Growth
Management Plan.
1.5 The project will be served by a full range of services and utilities provided by the County.
1.6 The project will be compatible and complementary with adjacent land uses through the internal
arrangement of tracts, the placement of land use buffers, and the proposed development
standards contained herein.
1-1
1.7 The Planned Unit Development includes open spaCes, natural features and lakes, which will
serve to enhance the project and improve its compatibility to surrounding properties and land
uses.
1.8 All final local Development Orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance.
1-2
2.1
2.2
2.3
2.4
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE
PROPERTY OWNERSHIP
This project, comprising 14.89 _+ acres, is owned by John J. Nevins, Bishop of the Diocese of
Venice, Florida, 1000 Pinebrook Road, Venice, Florida, 34292.
LEGAL DESCRIPTION
This project is described in "Attachment B".
GENERAL DESCRIPTION OF PROPERTY AREA
A.
Bo
The project site is located in the south half of Section 21, Township 48 South, Range
25 East, approximately 1/4 mile east of Vanderbilt Drive (C.R. 901).
The zoning classification of the subject property prior to the date of this approved
PUD Document was PUD.
SHORT TITLE
This Ordinance shall be known and cited as the "St. John the Evangelist Planned Unit
Development Ordinance."
2-1
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
It is the church's intention to establish a Planned Unit Development meeting requirements as
set forth in the Collier County Land Development Code (LDC).
3.2 PROJECT DESCRIPTION
The project is comprised of 14.89 +_ acres. Access to the site is provided from 111t~ Avenue
North and a shared access driveway with the North Naples Elementary School and the
adjacent cemetery. The project will provide a selected range of facilities which will include a
health and fitness center, a parish life center, and adult day care facility, maintenance
buildings, a memorial garden, pre-school and recreational facilities, and classrooms which
will be necessary and complementary to the principal use of the site.
3.3 PLAN APPROVAL
The location of the land uses are shown on the PUD Conceptual Master Plan. Changes and
variations in building location shall be permitted via Site Development Plan approval in
accordance with Division 3.3 of the Land Development Code. Changes and variations in
building tracts may be permitted during Site Development Plan approval, if, at the discretion
of the County Manager, or his designee, such changes and variations are in conformance with
the substantive and procedural requirements of Collier County.
3.4 LAND USE PLAN AND PROJECT PHASING
The PUD Master Plan contains one (1) development tract consisting of an existing sanctuary,
an existing parish life center and memorial garden as well as existing parking areas and
access drives. Future development includes a parish adult day care facility, a parish health
and fitness center, children's day care center, and a music rehearsal hall and classrooms.
The phasing of future accessory uses will be determined based on the availability of need
and funding.
3-1
SECTION IV
4.1
PURPOSE
GENERAL DEVELOPMENT REGULATIONS
4.2
The purpose of this section is to set forth the development regulations, that apply to the
development and use of the St. John the Evangelist Catholic Church PUD and Master. Plan.
GENERAL
4.3
The following are general provisions applicable to the PUD Master Plan:
mo
Regulations for the development of the St. John the Evangelist PUD shall be in
accordance with the contents of this document, the PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code (LDC) and Growth Management Plan in effect at the time of
building permit application. Should these regulations herein or on this PUD's
associated Master Plan fail to provide, list or depict specific development standards,
then the provisions of the most similar zoning district of the LDC shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit application.
Development permitted by this approval of this petition will be subject to a
concurrency review under the provisions of Div. 3.15, Adequate Public
Facilities of the LDC at the earliest to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments of this document at the time of
construction plan approval.
4-1
4.4 EASEMENTS FOR UTILITIES
4.5
Easements, where required, shall be provided for water management areas, utilities, and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with applicable regulations in effect at the
time construction plans and plat approvals are requested.
AMENDMENTS TO THE ORDINANCE
4.6
4.7
Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the
Collier County LDC, as revised, in effect at the time the amendment is requested.
PROJECT PLAN APPROVAL REQUIREMENTS
Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in Section 3.2 of the LDC.
HISTORICAL / ARCHAEOLOGICAl.
Pursuant to Section 2.2.25.8. i of the Land Development Code, if during the course of site
clearing, excavation, or other construction activity a historic or archaeological artifact is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
4-2
5.1
5.2
5.3
SECTION V
PERMITTED USES AND DIMENSIONAL STANDARDS
pURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the St. John the Evangelist Catholic Church PUD designated on Attachment "A,"
Conceptual PUD Master Plan.
GENERAL DESCRIPTION
Development areas as shown on the PUD Master Plan are designed to accommodate a full range of
principal uses, essential services~ and accessory uses.
Actual acreages of all development areas will be provided at the time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division
3.2, respectively, of the Collier County Land Development Code. All development areas are
designed to accommodate internal roadways, parking, open spaces, amenity areas, water
management facilities, and other similar uses.
PERMITTED USES AND STRUCTURES
No other building or structure, or part thereof, shall be erected, altered or used, or any land used or
developed, in whole or in part, for other than the following uses:
Principal Uses:
1. House of Worship
B. Accessory_ Uses:
2.
3.
4.
5.
6.
A parish life center for use by members of the congregation
School, private
A parish health and fitness center
A parish Adult and children's day care center
Facilities for maintenance and storage supporting onsite uses
Swimming pools and open space for recreation, boardwalks, nature trails, picnic
areas, playgrounds, and fitness trails
Any other comparable accessory use as determined by the Collier County Planning
Services Director to be compatible with on-site and adjacent development
Preserve and conservation areas
5-1
C. Minimum Setback Standards for the Permitted Uses and Accessory Uses 1 through 7 Listed
Do
Eo
Go
Ho
in this Section:
1. Rear Yard:
2. Side Yard:
3. Front Yard:
4. Minimum Distance Between Buildings:
5.
o
twenty five (25) feet
fifteen (15) feet
fifty (50) feet
fifteen (15) feet
Setbacks shall be twenty-five (25) feet along the property boundary abutting the
North Shore Lake Villas PUD.
Building Setback from Lake: twenty (20) feet
Setback from Upland Preservation Areas: twenty-five (25} feet for principal
structures and ten (10) feet for accessory structures within the Future Building
Footprint Area depicted on the PUD Master Plan. For other structures, setbacks
shall be in accordance with that shown on the PUD Master Plan.
Maximum Building Height:
Forty five (45) feet will be the maximum height of any building on this property, not
including appurtenances typically associated with houses of worship, such as bell towers
and flagpoles, as set forth in Section 2.6.3 of the Land Development Code.
Parking Requirements:
Development of parking areas shall comply with Division 2.3, Off-Street Parking
and Loading, of the Land Development Code in effect at the time of Site
Development Plan or building permit application, as may be applicable.
Accessory Structures:
Except for temporary construction site offices, all accessory structure(s) must not be
constructed before construction of the corresponding principal structure(s).
Lighting:
Lighting shall be located so that no light is aimed directly toward an off-site
property used for residential purposes, which is located within two hundred (200)
feet of the light source.
Perimeter Landscape Buffers:
South (111th Avenue):
West (Cemetery):
West (North Shore Villas):
10 Ft. Width LDC Type D
10 Ft. Width LDC Type A
15 Ft. Width LDC Type B
5-2
North (Golf Course):
East (School):
East (Vanderbilt Lakes Residential):
10 Ft. Width LDC Type A
10 Ft. Width LDC Type A
10 Ft. Width LDC Type B
The church parcel must be upgraded to these standards concurrently with the earliest
expansion of the church or associated accessory use undertaken after the date of adoption of
this amendment requirement.
5-3
SECTION VI
PRESERVATION AND ENVIRONMENTAL STANDARDS
6.1 PURPOSE
The purpose of this section is to set forth the environmental commitments of the Church.
Fifteen (15%) percent of the project area, equal to 2.23 acres, shall be preserved and or
mitigated within the subject parcel in accordance with Section 3.9.'5.5.4 of the Collier
County Land Development Code.
Minimum width of Preservation Mitigation along the perimeter of the project, shall be 10
feet. Minimum width of Preservation/Retained Native Vegetation shall be as shown on the
PUD Master Plan or in accordance with LDC Section 3.9.5.5.6. Preservation mitigation
may include areas of LDC required landscaping and perimeter buffers provided. This is a
deviation from LDC Section 3.9.2.a which requires a minimum width of 20 feet and an
average of 30 feet for preserve areas within parcels of less than 20 acres.
The PUD shall be consistent with the environmental sections of the Collier County Growth
Management Plan Conservation and Coastal Management Element and the Collier County
Land Development Code at the time of final development order approval.
Do
An exotic vegetation removal, monitoring and maintenance (exotic-free) plan for the site,
with emphasis on the conservation/preservation area, shall be submitted to Environmental
Services Staff for review and approval prior to final site plan/construction plan approval. A
schedule for exotic removal within all preservation areas shall be submitted with the above
mentioned plan.
Eo
An updated gopher tortoise survey shall be required at the time of next development order
submittal. If gopher tortoises are found on site, a gopher tortoise relocation/management
plan, shall be submitted to the Environmental Services Department for review and
approval. The approved language for the relocation/management plan shall be included on
the Site Development Plan.
A preserve management plan shall be submitted for review and approval at the time of next
development order submittal.
6-1
Go
A Special Gopher Tortoise Relocation Permit was issued by the FFWCC in July 2003 for
the subject property for the relocation of two (2) gopher tortoises. A preservation area of
0.82 acres has been established and the tortoises have been relocated to the preserve area
which is identified on the PUD Master Plan.
6-2
SECTION VII
7.1
PURPOSE
TRANSPORTATION REQUIREMENTS
7.2
7.3
7.4
7.5
7.6
The purpose of this Section is to set forth the transportation commitments of the Church.
The Church shall provide arterial street lighting at the project entrance. Sai.d lighting shall be in
place prior to the issuance of any Certificate of Occupancy.
Internal access improvements shall not be subject to impact fee credits and shall be in place before
any certificates of occupancy are issued.
All traffic control devices shall conform with the Manual on Uniform Traffic Control Devices as
required by Chapter 316.0745, Florida Statutes.
All median openings and driveway locations shall be in accordance with the Collier County Land
Development Code and Access Management Policy as they may be amended. Median access and
control shall remain under County control.
An eastbound turn lane with an overall length of 300 + feet shall be provided prior to the issuance
of the certificate of occupancy for the Music Rehearsal Hall and Classroom accessory use addition.
However, this construction deadline may be deferred by Collier County Transportation Staff in
order to schedule public roadway improvements during the on-peak traffic use season. The church
shall continues to provide traffic control at the main project entry by law enforcement or a law
enforcement approved service provider for well attended Sunday Masses and other periods and
events of significant traffic generation.
7-1
SECTION VIII
UTILITIES AND ENGINEERING REQUIREMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the utilities and engineering commitments of the project
developer.
8.2 PURPOSE
Ao
Water distribution, sewage collection and transmission lines to serve the project are to be
designed, constructed, conveyed and/or owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County rules and
regulations.
Bo
All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in accordance
with the County's established rates.
8.3 ENGINEERING
mo
Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be issued
unless and until approval of the proposed construction, in accordance with the submitted
plans, is granted by the Development Services Department.
Bo
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC.
Co
The Church and all subsequent petitioners are hereby placed on notice that they shall be
required to satisfy the requirements of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including but not
limited to Preliminary Subdivision Plats, Site Development Plans and any other application
that may result in the issuance of a final or final development order.
Prior to Final Site Development Plan approval a right-of-way permit shall be obtained if
required.
8-1
9.1
PURPOSE
SECTION IX
WATER MANAGEMENT REQUIREMENTS
The purpose of this section is to set forth the stipulations established by the Water
Management Advisory Board, which shall be accommodated by the project developer.
Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be
issued unless and until approval of the proposed construction in accordance with
the submitted plans is granted by the Development Services Department.
Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
This project must obtain a South Florida Water Management District Surface Water
Management Permit prior to Site Development Plan Approval.
9-1
10.1
SIGNS
SECTION X
OTHER DEVELOPMENT COMMITMENTS / STANDARDS
10.2
All signs shall be in accordance with Division 2.5 of the Land Development Code.
POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future
use of building space within common areas for the purposes of accommodating the function of an
electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County,
which shall be binding upon any and all successors in interest that acquire ownership of such
common areas including, but not limited to, condominium associations, homeowners associations,
or tenants associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if determined to be
necessary by the Supervisor of Elections.
10-1
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PUD ATTACHMENT
ATTACHMENT B
LEGAL DESCRIPTION
A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE RUN S89°51'54"E, ALONG THE
SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF
1342.67 FEET TO THE SOUTHEAST CORNER OF THE WEST ½ OF THE SOUTHWEST 1/4
OF SAID SECTION 21; THENCE RUN NO 1 °52'38"W ALONG THE EASTERLY LINE OF SAID
WEST ~A OF THE SOUTHWEST 1/4 FOR A DISTANCE OF 40.03 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111TM AVENUE
NORTH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF .THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE CONTINUE NO 1 °52'38"W ALONG SAID EASTERLY
LINE FOR A DISTANCE OF 1390.27 FEET; THENCE RUN S89°51'54"E ALONG A LINE
PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION
21 FOR A DISTANCE OF 470.98 FEET; THENCE RUN S01°31'59"E ALONG A LINE
PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21
FOR A DISTANCE OF 1390.00 FEET TO AN INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF 111 va AVENUE NORTH; THENCE RUN N89°51'54"W ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 462.63 FEET TO THE
POINT OF BEGINNING. CONTAINING 14.89 ACRES, MORE OR LESS.
RECEIVED
SEP I 9 1103
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 copy of:
ORDINANCE NO. 2004-18
Which was adopted by the Board of County Commissioners on
the 23rd day of March, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th day
Of March, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Soa~
County
^ ~ .~ ..-