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Ordinance 90-073 ORDINANCE 90- 73 .... AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-5; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ST. JOHN THE EVANGELIST CATHOLIC CHURCH, LOCATED ON 111TH AVENUE NORTH, WEST OF U.S. 41 AND EAST OF VANDERBILT DRIVE IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 14.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes & Associates, Inc., representing John J. Nevins, as Bishop of the Roman Catholic Diocese of Venice, a corporation Sole, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: 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 A-2 to "PUD" Planned Unit Development in accordance with the PUD document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Hap Number 48-25-5, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County /~~=s~__, 1990. ~TTEST ' ' JAMES C. ~ILES, CLERK BOARD OF COUNTY COMMISSIONERS AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY R-90-17 PUD ORDINANCE .b/3419 This ordlnQnCe filed with the /tadayry of SJ~e_~ILOfflcje..,~. ST. JOHN THE E~"ANGELIST PLANNED UNIT DEVELOPMENT r !,~./:.. Prepared By Hole, Montes & Associates '. 715 Tenth Street South \ L Naples, Florida 33940 ... July 1990 , ~ H~A File No. 89.108 '~:: .'" Date Filed 4-4_~90 '~" '~'" Date Revised -~ Da=e Reviewed By ~ ..... CCPC ~ '~.?.. :. ' '~.% , .. , . ~%~.:&~..,- ' TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE ........................... SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ...................................... SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... SECTION IV GENERAL DEVELOPMENT REQUIREMENTS .................. SECTION V ENVIRONMENTAL STANDARDS ........................... SECTION VI TRANSPORTATION REQUIREMENTS ....................... SECTION VII UTILITIES AND ENGINEERING REQUIREMENTS ............ SECTION VIII WATER MANAGEMENT REQUIREMENTS ..................... 1 2 4-5 6-7 8-9 10-11 12-13 LIST OF EXHIBIT~ ATTACHMENT A ..... PUD MASTER PLAN ATTACHMENT B ..... LEGAL bESCRIPTION SECTION I STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. This compliance includes: e The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range of services and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. This Planned Unit Development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Growth Management Plan. This project shall incorporate existing protected fauna on- site as required in the Zoning Ordinance for Collier Coun=y. 1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE 2.2 2.3 PROPERTY O~ERsHIp This project, comprising 14.8~ acres, is currently under a purchase agreement by John J. Nevins, Bishop of ~he Roman Catholic Diocese of Venice, Florida. LEGAL DESCRIPTION This'project is described in "Exhibit B". This Ordinance shall be known and cited as the "St. John the Evangelist Planned Unit Development Ordinance". SECTION STATEMENT OF INTENT ~D PR~E~ DESCRI~ION IN~ODU~ION Z~ 18 the develope='s intent to es~ablis~ a Planned Unit Development. It is the 9u~ose of this doc~en= to se~ fo~h flexible ~idelines for the future development o~ the ~a= meet accepted planning principles and practices and implemen~ =he Gro~h Managemen~ Plan. 3.2 3.3 3.4 PLAN APPROVAL The location of land uses are shown on the PUD Master Plan. Changes and variations in building location shall be permitted via Site Development Plan approval in accordance with Section 10.5 of the Zoning Ordinance. Changes and variations in building tracts may be permitted during Sito 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. ~ITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with applicable Collier County Codes and Ordinances and the standards and commitments of this document. EASEMENTS FOR UTILITIES Easements, where management areas, needed. required, shall be provided for water utilities and other purposes as may be All necessary easements, dedications or other instruments shall be granted to insure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time approvals are requested. 4.1 4.2 SECTION IV GENERAL DEVELOPMENT REQUIREMENTS The purpose of this section is to delineate the development regulations that accompany the PUD Master Plan. Where development standards are not specifically provided for in this document, the standards, applicable to this project, of the Collier County Zoning Ordinance shall apply. All definitions contained herein shall be subject to the same interpretation as those definitions listed in the Collier County Zoning Ordinance. 4.3 USES PERMITTED No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. PrinciPal Use This principal use on this tract of land is a house of worship. B. Access.r7 Use 1. Accessory uses and Structures customary for religious uses which include: a. Residential facilities to serve as a rectory. A community gathering hall for use by members of the congregation. Ce A school and appropriate education facilities, as required. C. ~etention and Preserve Areas and Uses Uses determined to be consistent with the intent of the Retention and Preserve Areas such as nature trails and picnic areas. All accessory uses in Retention and Preserve Area shall be shown at the De time of Site Development Plan submittal. All uses shall be mulched in the area of intended use. No permanent structures are allowed within the preserve areas. Minimum Setback Standards 1. ~ - fifty (50) feet 2. ~ - thirty (30) feet fifty (50) feet The minimum distance between any two structures shall be a distance equal to one-half (1/2) the sum of their heights with the exception of bell towers or similar appurtenances E. MaXimum Building 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, flagpoles, etc., as set forth in Section 8.3 of the Collier County Zoning Ordinance. Parking Requirements A minimum of thirty percent (30%) of the required parking shall be paved along with all driveways and access aisles. The stormwater calculations shall consider all the parking area as impervious surface. Ge He Si~naGe Re=uirements 1. As required or allowed by Ordinance in effect at requested. LandscaminG_Re~uirements 1. the Collier County Sign the time permits are As required by the Collier County Zoning Ordinance in effect at the time permits are required. 5 SECTION ENVIRONMENTAL STANDARDS The p~rpose of this Section is to set forth the stipulations established by the Environmental Advisory Council. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat). Petiti6ner shall be subject to Ordinance No. 82-2 as amended by Ordinance 89-57 (use of native species in landscaping). Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species). Do Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) of the Conservation and Coastal Management Element. Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. Fo In the event active protected species foraging habitat, nests or burrows arq encountered during development activities, th~ Collier County Project Review Services Environmental Review staff shall be notified immediately and project designs may be adjusted, if warranted. (Collier County Comprehensive Plan - Conservation and Coastal Management Element - Policy 7.3.4). Protected plant species sighted during development activities shall be protected from injury or relocated on site, preferably to preserve or landscape areas. The existing locations as well as the transplanting locations, if warranted, shall be identified on the site plan. Hm Petition shall be subject to all Collier County Ordinances, not specifically exempted or modified by the PUD document, in effect at commencement of construction. 6 I. The northern portion of the parking facilities shall be constructed of reinforced sub-grade and sodded to allow for continuous foraging habitat for the gopher tortoises located on this site. J. Ail applicable permits shall be obtained prior to any !.. tortoise relocation program commencement. K. A minimum of 4.1 acres of xeric preserve shall be designated and buffered from adjacent buildings via a fence and/or a native landscape hedge. Preserve areas adjacent to the northern water retention area will not require such a buffer, although such native landscaping ~ is permissible. L. Pursuant to Goal 6, Objective 6.2, Policies 6.2.2, 6.2.7, 6.2.9, 6.2.13 and 6.2.14 of the Collier County Growth Management Plan, Conservation and Coastal Management ~ Element, there shall be no unacceptable net loss of .. viable naturally functioning freshwater wetlands. In accordance with these policies a minimum of 0.9 acre of wetland mitigation shall be performed within the two water retention areas via the creation of littoral shelves and the planting of approproate wetland species. M. A wetland mitigation plan shall be submitted to Project Review Services and reviewed, modified if necessary, and approved prior to approval of the final site development plan (SDP) and landscape plan. The mitigation plan shall be detailed in plan view and cross-section on the landscape plan. Installment of the mitigation shall be completed prior to issuance of the certificate of occupancy. N. Only the required amount of parking shall be permitted for final site development plan approval. O. A gopher tortoise retainment and/or relocation plan approved by the Florida Game and Fresh Water Fish · ;~ Co,mission shall be in-hand at the pre-construction meeting. SECTION VI TRANSPORTATION REQUIREMENTS The purpose of this section is to setforth the Transportation Reqt2irements that must be accommodated by the Project Developer. A® Arterial lighting will be installed at project entrance on 111th Avenue, North. The petitioners shall provide a left and right turn lane on 111th Avenue at the project entrance. Payment of Road Impact Fees shall be at the time of Site Development Plan Permit processing/issuance unless a waiver is obtained to make the payments at the time of Building Permit processing/issuance. The required access improvements are considered "site related" as defined in Ordinance 85-55 and are not subject to impact fee credits. The improvements and conveyance of the right-of-way shall be in place before any certificates of occupancy are issued. Vehicular access may be constructed between the adjoining Naples Park Elementary School and this project, should all parties involved come to such agreement. If an agreement is reached between Naples Park Elementary School and the proposed project for vehicular access, that access shall align with the proposed drive (east/west). The petitioner shall provide wheel stops for all parking spaces. ~. Ge The conceptual master plan layout shall take into consideration every safety measure for vehicular flow, parking design, ingress/egress, and all requirements of Section 10.5 of the Collier County Zoning Ordinance. The petitioner shall provide stop signs, do not enter signs, one-way signs, as required by Development Services at the time of SDP approval. Project access, if it can be aligned with Sixth Street (centerline to centerline) may be allowed. However, if alignment cannot be accomplished, the access on 111th Avenue will have to be relocated eastward, some 170 feet from property line or in accordance with Transportation 8 Ke Services requirements. The developer shall provide up to 60 feet of right-of-way along the north side of 111th Avenue for future roadway and drainage improvements. If roadway drainage needs can be accommodated by the project's water management system, right-of-way needs can be reduced. Impact fee credits shall be given to the extent providedd in Ordinance 85- 55, as amended. In consideration of pending implementation of Growth Management Regulations and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvemens, the applicant should be advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. The petitioner may wish to consider relocating the median opening on the main entrance some 170 feet from the property line. The present location might well invite "wrong-way" movements by motorists exiting the large parking area to the east. This could be a serious problem between Sunday morning services. If the opening was moved to the next parking aisle, the problem would be eliminated. SECTION VII UTILITIES AND ENGINEERING REQUIREMENTS 7.1 The purpose of this Section is to set forth the utilities and engineering requirements which must be accommodated by the pro~ect developer. Ae Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 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. The on-site water distribution system to serve the project must be connected to the District's 12 inch water main on the north side of 111th Avenue, North, ex~ended through the ~roject and tied to the existing line on CR 901 consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. De The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the district in the 111th Avenue, North and/or County Road 901 rights-of-way. The force main must be extended from the main on-site pump station to the rights-of-way line of 111th Avenue, North and/or County Road 901. The existing off-site water facilities of the district must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 10 The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adquate capacity to transport the additional wast.water generated without adverse impact to the existing transmission facilities. The petitioner shall provide the water main size and hydrant location, meeting all building and fire codes, at the time of SDP submittal. 11 33' Ao SECTION VIII " 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 Project Review Services 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 Project Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. This project is recommended for approval for rezoning purposes only. A site development plan shall be submitted and approved at a later date. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. Lakes shall be maintained a minimum of 100 feet from any right-of-way line and a minimum 200 feet from any wetland. A setback from a right-of-way line less than 100 feet, but not less than 40 feet, may be allowed provided that an analysis for lake setback curves is made and roadside curbing conforming to FDOT specifications for Type "F" barrier curb is installed. An excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. A detailed cross-section of the ditch on 111th Avenue North shall be submitted to Project Review Services at the time of construction plans review and it shall be demonstrated that the ditch has the capacity to handle the runoff discharging from the entire project site. 12 Prior to preliminary site development plan approval, it shall be demonstrated that the deduction of the roof drainage from water quality calculations is Justified by specifically showing how the roofs drain directly in the water management system. In the event that DER and/or the Corps of Engineers claim Jurisdiction of the wetlands, and they become Florida Water Management District permit shall be obtained. STATEMENT OF UNIFIED CONTROL It is the intent of John J. Nevins, Bishop of the Roman Catholic Diocese of Venice, Florida to develop a Planned Unit Development of approximately 14.8 acres on property located on the 111th Street, North, in Collier County. This statement represents that John J. Nevins currently has lands under Unified Control for the purpose of obtaining PUD Zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the submitted Planned Unit Development Regulations and any conditions hereof approved with the Rezone Petition as described and agreed to within the PUD Document. HLE~N C~ ~ASSIDOMO, ESQ. or~@y-I~act for John J. Nevins, Bisho~ef' the Roman Catholic Diocese, Florida, a Corporation Sole STATE OF FLORIDA COUNTY OF COLLIER IN WITNESS WHEREOF, the his/its/their hand and seal this un:~e~igned has hereunto set day of ~_~, 1990. Name of Cpmpa~y/EnCity / 1990.Sworn to and subscribed before me on Notary Public NOTARy PUSLZC STATE OF IrLcR]o,~ $OaO~D THru/ ~KI~AL iNS. U~. PARKING OATA 1'o! 1 o~s: i dtsclnce of X3gO.Z7 fee~; ' souc~erl~ line o~ c~e so~ves~ qul~e~ (S~ ~/4) of Slid Sec~ton Z~ 4 ~s~ance o~ ~70.g8 caence So?c~ ~'~z'Z3- Ease along a Ifne ;a~allel ~tc~ cae ~ .STATE OF Fr. ORIDA · 'COUNTY OF COLr. IER ) I, JAMES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 90-73 which was adopted by the Board of County Commissioners on the 25th day of September, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2Tth · day of September, 1990. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of ,~q~,~,~ ~' County Commissioners ..~"' ..... .., "~ '- By: /s/Maureen Kenyofl~.'. '. · ~ .: Deputy Clerk ~' ~ . L.~.